HomeMy WebLinkAbout1/5/2011 - STAFF REPORTS - 2.E. .y
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City council Staff Report
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DATE: NOVEMBER 17, 2010 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1783, CITY COUNCIL REVIEW OF DECISIONS OF CITY COUNCIL
APPOINTED COMMISSIONS AND BOARDS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance Nos. 1783.
RECOMMENDATION:
1. Waive further reading and adopt Ordinance No. 1782, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.06.030 TO
CHAPTER 2.06 ,OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
CITY COUNCIL REVIEW OF DECISIONS OF CITY COUNCIL APPOINTED
COMMISSIONS AND BOARDS"
STAFF ANALYSIS:
At its December 15, 2010, meeting Ordinance No. 1783 was introduced by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
This report provides for the City Council to waive further reading and adopt the
ordinances. The ordinances shall be effective 30-days from adoption.
7
1
Kathie Hart, CMC David H. Ready, Esq., P
Chief Deputy City Clerk City Manager
FOR: James Thompson
City Clerk
/kdh
Attachments: Ordinance No. 1783
Item Aln 2 _ F _
PROPOSED ORDINANCE NO. 1783
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 2.06.030 TO CHAPTER
2.06 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO CITY COUNCIL REVIEW OF DECISIONS
OF CITY COUNCIL APPOINTED COMMISSIONS AND
BOARDS.
City Attorney Summary
Currently, the City Council has a past practice of allowing an individual
Councilmember to initiate a review of any City Commission or Board
decision or action. This Ordinance codifies this practice and provides for a
procedure for councilmember review of commission and board decisions.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. Section 600 of Article VI of the City of Palm Springs Charter provides that
the City Council may create boards or commissions and may grant to them such powers
and duties as are consistent with the Charter.
B. The City Council has created numerous boards and commissions and has
delegated certain powers and duties.
C. Section 300 of Article III of the City of Palm Springs Charter, provides that
all power of the City shall be vested in the City Council except as otherwise provided in
the Charter.
D. The City Council desires to codify a procedure for a Councilmember
initiated review of decisions of boards and commissions.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 2.06.030 is added to Chapter 2.06 of the Palm Springs
Municipal Code to read as. follows:
2.06.030 Councilmember Review of Decisions.
Any member of the City Council of the City of Palm Springs may initiate a review
of any city council appointed commission or board decision not otherwise before the
City Council by giving notice thereof to the City Clerk within the time for filing of an
appeal as prescribed by Section 2.05.040 of the Palm Springs Municipal Code.
Such notice of review shall be deemed the equivalent of the filing of a notice of
appeal pursuant to Section 2.050.030 of the Palm Springs Municipal Code. Except for
the manner of initiating the proceeding, such City Council review of a City Council
Ordinance No.
Page 2
appointed commission or board decision shall follow the procedure provided by Chapter
2.05 of the Palm Springs Municipal Code.
The provisions of this Section shall not apply to decisions that are expressly
covered under the provisions of Section 94.10.00 of this Code.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL, THIS DAY OF , 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on and
adopted at a regular meeting of the City Council held on by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
(a
OFFICE OF THE CITY CLERK
City Council
Meeting Date: January 5, 2011
Subject: Ordinance No. 1782 and 1783 f
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that Ordinance Nos. 1782 and 1783, adopted by the City Council on January
5, 2011, and a summary of said ordinance was published in the Desert Sun on January 20,
2011.
1 r ``declare under penalty of perjury that the foregoing is true and correct.
\y�
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of Ordinance Nos. 1782 and 1783, and ordinance summary was
posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior
legal notice posting board and in the Office of the City Clerk on January 18, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
Kathie
Chief Deputy City Clerk
The Desert sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
State Of California as:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000244090
ora ��g3
I am over the age of 18years old, a citizen of the United No 251 ::CITY FPALMSMNGS' `
States and not a party to, or have interest in this matter. I ,
hereby certify that the attached advertisement appeared OR INANCENo.1482
in Said newspaper (sal in AN ORDINAN E OF THE CITY' OF PALM"
type not smaller than non panel) SPRINGS RNIA, 'REPEALMG ORDF
in each and entire issue of said newspaper and not in any NANCE NO.1 AND DISSOLVING COMMU 2
ITY FACILIi DIS7RK;T NO. 2005-2.
supplement thereof on the following dates,to wit: (ESCENA}OF &CfT1`OF PALM SPRINGS:
Ci AWrtMnmrNY
Newspaper: .The Desert Sun Created
Ordrencp eF .__ O'NO.20Mch
(En na' nny Faalmes Springs.This 052
Of (.9tf'Of PaM Springs.Th50rd-
2005-despl CommunM Faafines Di3tnct Nq.
20052.
1/20/2011
AN ORDI E OF THE CITY OF PALM
SPRINGS. C FORMA: ADDING SECTION
2.06.0 G TO HAPfER OD OF THE PALM
SPRINGS M CIPAL CODE, ECISIO G. OF
CITY COl1NC REVIEW OF DECISIONS OF
CITY CORN L APPOINTED COMMISSIC,NS'.
AND BOARDS
r
Attmmy's Summery
Currently,the dY Counai has a pest o inki r of
I acknowledge that I am a principal clerk of the printer of atlowing an 'dual Coundhnembermmmatea
The Desert Sun, printed antl ublished week) in the Ci review of any ity Commission ll this deaswn
P Y IY or action. Th Ninana;catldiesthis.practice ;
of Palm Springs, County of Riverside, State of California. and provides' r a procedure for councl Imber
renewof run IssaIt board deciswns.
The Desert Sun was adjudicated a newspaper of general
circulation on March 24, 1988 by the Superior Court of the CERTIFICATION
County of Riverside, State of California Case No. STATE OF C,ggi,IFORNIAI))
191236, CITY COUOF PAFLN SPRI14GA 5
I JAMES T PSON,Ca�ryry Clerk of the City of
Old,Simi al0omia,doheebycertltlNNmafO,
I declare under penalty of perjury that the foregoing is true dinance Nos. 782 and.flea are afull,i me,ands
correct ca0ies and were.I duced at a regular 5
meetlng of th Palm Spnnngss City Council an Me
and correct. Executed on this 20th day of January, 2011 in 15th day of: mbar 2tito,a. adopted at a.
regular of the Gaayv Council. Won the Sth
Palm Springs,California. - day of Jan 12011,byBre following vote: f
- AYES: C-unoilmember Foal,Counalmember
--" Hutcheson uncl nember Mlae,Mayor Pro Tem:E
Weigel,and yor Pougnat: E
NOES:. N e. "
ABSENT.
� ABSTAIN, N ne. (v
it CB ity of Palm rnigs,CB if6mia 1
Declarant C 1
PubR~.lZLAA
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CITY OF PALM SPRINGS
ORDINANCE NO. 1782
AN ORDINANCE OF THE CITY OF PALM SPRINGS
CALIFORNIA, REPEALING ORDINANCE NO. 1672 AND
DISSOLVING COMMUNITY FACILITIES DISTRICT NO.
2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS.
City Attorney Summary
This Ordinance repeals Ordinance No. 1672 which created Community Facilities District
No. 2005-2 (Escena) of the City of Palm Springs. This Ordinance dissolves Community
Facilities District No. 2005-2.
ORDINANCE NO. 1783
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 2.06.030 TO CHAPTER
2.06 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO CITY COUNCIL REVIEW OF DECISIONS
OF CITY COUNCIL APPOINTED COMMISSIONS AND
BOARDS.
City Attorney's Summary
Currently, the City Council has a past practice of allowing an individual Councilmember
to initiate a review of any City Commission or Board decision or action. This Ordinance
codifies this practice and provides for a procedure for councilmember review of
commission and board decisions.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance Nos. 1782 and 1783 are a full, true, and correct copies,
and were introduced at a regular meeting of the Palm Springs City Council on the 15th
day of December, 2010, and adopted at a regular meeting of the City Council held on
the 5th day of January, 2011, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California
ORDINANCE NO. 1783
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 2.06.030 TO CHAPTER
2.06 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO CITY COUNCIL REVIEW OF DECISIONS
OF CITY COUNCIL APPOINTED COMMISSIONS AND
BOARDS.
City Attorney's Summary
Currently, the City Council has a past practice of allowing an individual
Councilmember to initiate a review of any City Commission or Board
decision or action. This Ordinance codifies this practice and provides for a
procedure for councilmember review of commission and board decisions.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. Section 600 of Article VI of the City of Palm Springs Charter provides that
the City Council may create boards or commissions and may grant to them such powers
and duties as are consistent with the Charter.
B. The City Council has created numerous boards and commissions and has
delegated certain powers and duties.
C. Section 300 of Article III of the City of Palm Springs Charter, provides that
all power of the City shall be vested in the City Council except as otherwise provided in
the Charter.
D. The City Council desires to codify a procedure for a Councilmember
initiated review of decisions of boards and commissions.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 2.06.030 is added to Chapter 2.06 of the Palm Springs
Municipal Code to read as follows:
2.06.030 Councilmember Review of Decisions.
Any member of the City Council of the City of Palm Springs may initiate a review
of any city council appointed commission or board decision not otherwise before the
City Council by giving notice thereof to the City Clerk within the time for filing of an
appeal as prescribed by Section 2.05.040 of the Palm Springs Municipal Code.
Ordinance No. 1783
Page 2
Such notice of review shall be deemed the equivalent of the filing of a notice of
appeal pursuant to Section 2.050.030 of the Palm Springs Municipal Code. Except for
the manner of initiating the proceeding, such City Council review of a City Council
appointed commission or board decision shall follow the procedure provided by Chapter
2.05 of the Palm Springs Municipal Code.
The provisions of this Section shall not apply to decisions that are expressly
covered under the provisions of Section 94.10.00 of this Code.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
ADOPTED THIS 5TH DAY OF JANUARY, 2011.
Stephen P. Pougnet, Mayor
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1783 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 15th day of
December, 2010, and adopted at a regular meeting of the City Council held on the 5th
day of January, 2011, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tem Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
James Thompson, City Clerk
City of Palm Springs, California