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HomeMy WebLinkAbout7/7/2010 - STAFF REPORTS - 2.E. °*a ALM sA� �Z v en * ~ P F'OR O BFT 41 IR * CITY COUNCIL STAFF REPORT C,Q�' a�P DATE: July 7, 2010 Consent Calendar SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1777, AMENDMENT TO THE PALM SPRINGS MUNICIPAL CODE MODIFYING THE CITY COUNCIL MEETING TIME FOR CLOSED SESSIONS FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY The City Council will consider the adoption of Ordinance No. 1777, amending the Palm Springs Municipal Code modifying the City Council meeting time for Closed Sessions. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1777, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.04.010 RELATING TO MEETING TIMES OF THE CITY COUNCIL MEETINGS." STAFF ANALYSIS: At its June 16, 2010, proposed Ordinance No. 1777 was introduced by a unanimous vote of the City Council. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. MES THOMPSON, City Clerk DAVID H. REA it nager Attachment: Proposed Ordinance No. 1777 ITENA NIO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.04.010 RELATING TO MEETING TIMES OF CITY COUNCIL MEETINGS. City Attorne 's Summa The Palm Springs Municipal Code does not specifically address the time and date of closed sessions. By past practice, closed sessions are established by notices of adjournment of the City Council from the preceding Council meeting. This Ordinance will specifically acknowledge that the time for closed session will depend on the number and complexity of the issues to be discussed and that the closed session will be noticed on the agenda for each regular meeting of the City Council. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. Section 54954(a) of the Cal. Gov. Code requires each legislative body to set the time and place for their regular meetings. B. Section 307 of the Palm Springs City Charter requires the City Council to hold regular meetings at least twice per month, and shall fix meeting times by ordinance or resolution. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.04.010 of the Palm Springs Municipal Code is amended to read: 2.04.010 Meetings-Place-Days-Time. (a) Regular meetings of the City Council shall be held in the City, at City Hall, 3200 East Tahquitz Canyon Way, on the first and third Wednesdays of each month at the hour of 6:00 p.m. When the regular meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council at a regular meeting of the City Council. (b) Regular meetings of the City Council acting as the governing boards of a redevelopment agency, housing authority, and/or a financing authority, shall be held in the City, at City Hall, 3200 East Tahquitz Canyon Way, on the first and third Wednesdays of each month. When the regular meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council acting as the governing boards at a regular meeting of the City Council. (c) Closed sessions of the City Council and/or the governing boards as provided in this Section may be conducted prior to the 6:00 p.m. business portion of r Ordinance No. Page 2 regular meetings and as noticed from time to time on the agenda for such meetings. The time scheduled will depend upon the number of items to be considered and the complexity of the issues to be discussed. If necessary, closed sessions not completed prior to the business portion of the meeting will be considered at the conclusion of the business portion of the meeting, or as otherwise determined by the City Council. ADOPTED THIS 7T" DAY OF JULY, 2010. 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 June 16, 2010, and adopted at a regular meeting of the City Council held on July 7, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 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 ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000215697 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I No 3200 hereby certify that the attached advertisement appeared CITY OF PALM SPRINGS in said newspaper (set in type not smaller than non panel) ORDINANCE NO.1777 In each and entire issue of said newspaper and not In any AN ORDINANCE OF THE CITY OF PALM supplement thereof on the following dates,to wit: SPRINGS MUNICIPALC06EE SECTTION PALM 004 010 RELATING TO MEETING TIMES OF CITY Newspaper: The Desert Sun COUNCIL MEETINGS. City.Attomay's Summery The Palm.Springs Municipal Code does not spe- eltically address the time and date of closed ms- 7/22/2 010 sions. past practice,closed sessions are es- labl by notices of adjournment of the arty Council from the preceding Council meeting. This Ordinance will s HcallIyy acknowledge t the time for dosed session will depend on the number and complexity of the issues to be discussed and Mat the closed session will be noticed on the Venda for each regular meeting of me City Coun- c� CERTIFICATION I acknowledge that I am a principal clerk of the printer of STATE OF CALIFORNIA))) The Desert Sun, printed and published weekly in the City COUNTY OFPALM SPRISNG9 of Palm Springs, County of Riverside, State of California. I JAMES THOMPSON,City clerk of the City of The Desert Sun was adjudicated a newspaper of general Palm springs California,do hereby certify that or dnance circulation on March 24, 1981i by the Superior Court of the aw Nm{red�d algal reguiaanm sting of�he County of Riverside, State of California Case No. Palm rings City Council on the 16th day of 191236. June ee 2 10,and adopted at a regular meet) of ry OouweiLheld on.the 7th d8yvf,July,2610, by the following vote:" AYES: Councllmembers Foal,MiIN, I declare under penalty of perjury that the foregoing is true and Mayor Pro Tem Hutcheson NOES: None and correct. Executed on this 22nd day of July, 2010 in ABSENT: Councilmember Weigel and Mayor Pougnet Palm Springs,California. ABSTAIN: None James Thompson,Cityry Clerk City of Palm Springs,CalMomla Published:713?f10 Declarant'' i.,nYY CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION Oat r..w i s City Council Meeting Date: June 7, 2010 Subject: Ordinance 1777 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on July 22, 2010. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on July 21, 2010. declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk CITY OF PALM SPRINGS ORDINANCE NO. 1777 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.04.010 RELATING TO MEETING TIMES OF CITY COUNCIL MEETINGS. City Attorney's Summary The Palm Springs Municipal Code does not specifically address the time and date of closed sessions. By past practice, closed sessions are established by notices of adjournment of the City Council from the preceding Council meeting. This Ordinance will specifically acknowledge that the time for closed session will depend on the number and complexity of the issues to be discussed and that the closed session will be noticed on the agenda for each regular meeting of the City Council. 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. 1777 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 16t" day of June, 2010, and adopted at a regular meeting of the City Council held on the 71" day of July, 2010, by the following vote: AYES: Councilmembers Foat, Mills, and Mayor Pro Tern Hutcheson NOES: None ABSENT: Councilmember Weigel and Mayor Pougnet ABSTAIN: None ?me2s2Th,omSson, City Clerk f Pam prings, California r ORDINANCE NO. 1777 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.04.010 RELATING TO MEETING TIMES OF CITY COUNCIL MEETINGS. City Attorney's Summary The Palm Springs Municipal Code does not specifically address the time and date of closed sessions. By past practice, closed sessions are established by notices of adjournment of the City Council from the preceding Council meeting. This Ordinance will specifically acknowledge that the time for closed session will depend on the number and complexity of the issues to be discussed and that the closed session will be noticed on the agenda for each regular meeting of the City Council. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. Section 54954(a) of the Cal. Gov. Code requires each legislative body to set the time and place for their regular meetings. B. Section 307 of the Palm Springs City Charter requires the City Council to hold regular meetings at least twice per month, and shall fix meeting times by ordinance or resolution. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.04.010 of the Palm Springs Municipal Code is amended to read: 2.04.010 Meetings-Place-Days-Time. (a) Regular meetings of the City Council shall be held in the City, at City Hall, 3200 East Tahquitz Canyon Way, on the first and third Wednesdays of each month at the hour of 6:00 p.m. When the regular meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council at a regular meeting of the City Council. (b) Regular meetings of the City Council acting as the governing boards of a redevelopment agency, housing authority, and/or a financing authority, shall be held in the City, at City Hall, 3200 East Tahquitz Canyon Way, on the first and third Wednesdays of each month. When the regular meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council acting as the governing boards at a regular meeting of the City Council. Ordinance No. 1777 Page 2 (c) Closed sessions of the City Council and/or the governing boards as provided in this Section may be conducted prior to the 6:00 p.m. business portion of regular meetings and as noticed from time to time on the agenda for such meetings. The time scheduled will depend upon the number of items to be considered and the complexity of the issues to be discussed. If necessary, closed sessions not completed prior to the business portion of the meeting will be considered at the conclusion of the business portion of the meeting, or as otherwise determined by the City Council. ADOPTED THIS 7Tw DAY OF JULY, 2010. 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. 1777 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 16th day of June, 2010, and adopted at a regular meeting of the City Council held on the 7th day of July, 2010, by the following vote: AYES: Councilmember Foat, Councilmember Mills, and Mayor Pro Tem Hutcheson. NOES: None. ABSENT: Councilmember Weigel and Mayor Pougnet. ABSTAIN: None. James Thompson, City Clerk City of Palm Springs, California