• Palm Springs City Hall: 3200 East Tahquitz Way, Palm Springs (1952-1956) • Palm Springs Tramway Valley Station: 1 Tram Way, Palm Springs (1963) • Sieroty House: 695 East Vereda Sur, Palm Springs (1941) • Tramway Gas Station: 2901 North Palm Canyon Drive, Palm Springs (1965) The MPS, including the MPDF and ten associated properties, is nominated on behalf of a group of private individuals. In its role as representative of the City of Palm Springs, a Certified Local Government, the Historic Site Preservation Board did not comment on the nomination.
Eleven letters of support were received, including a letter from the City of Palm Springs in support of the three city-owned properties. A letter of objection is on file from Mount San Jacinto Winter Park Authority, owner of Palm Springs Tramway Valley Station and governing body of Palm Springs Aerial Tramway. The Authority, a public agency and public corporation of the State of California, was created by the Mount San Jacinto Winter Park Authority Act Ch.1040 of the Statutes of 1945, as amended by Ch.70 of the Statutes of 1947 and Ch.1004 of the Statutes of 1951, of the State of California.
If you have any questions regarding this nomination, please contact Amy Crain of my staff at (916) 445-7009.
1ncerely,
Ju ·anne Polanco
State Historic Preservation Officer
Enclosure
EXCERPTS OF MINUTES
At the Historic Site Preservation Board meeting of the City of Palm Springs, held November 2, 2021, the Historic Site Preservation Board took the following action:
4.A. THE CITY OF PALM SPRINGS, REQUESTING A CERTIFICATE OF
APPROPRIATENESS FOR ALTERATIONS TO THE PALM SPRINGS
CITY HALL, A CLASS 1 (LANDMARK) HISTORIC SITE, LOCATED AT 3200 EAST TAHQUITZ CANYON WAY, (HSPB #33D / CASE 3.3377). (KL).
Attorney Priest acknowledged public comments on this item; noted the Board is only deciding on the removal of the Bogert statue from City Hall and must make certain findings before issuing a Certificate of Appropriateness.
Staff member Lyon summarized staff report.
Chair Hough discussed the sculpture; referenced the Visual Arts Rights Act (VARA) of 1990 and opined that if the sculpture is removed, it may change the integrity of the artwork as it was the artist's intention to place the artwork on a cropping of rocks. She addressed the importance of protecting artistic property and ensure public access and noted the piece is part of the City's public art collection.
Attorney Priest reported that his office has looked into the issue of the Visual Arts Rights Act of 1990 and believed that if the statue is carefully removed and stored, it would still meet the requirements of VARA; there would be no defacement, alteration or mutilation of the statue.
Vice-Chair Nelson disclosed his mother knew Frank Bogert and worked with the Palm Springs Historical Society to design a second edition of his book; expressed concerns that the HSPB is being asked to opine on a highly politicized issue and felt it would be logical for the Art Commission to make any determination on the resolution or replacement of statues and declared his abstention on this matter.
Board Member Rosenow spoke about the need for more a clear CEQA determination, did not feel this should fall under the Class 31 exemption.
Board Member Rose expressed concerns the Board may be acting on an incomplete record; and stated a decision cannot be made without a complete record.
Board Member Kiser stated the proposed removal of the statue might be less controversial if the action also included clarification on its relocation or storage.
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Board Member Miller acknowledged the contributions of Mr. Bogert; and spoke about the Board's task. He stated he sees nothing that tells him the removal of the statue would adversely affect the historical resource of City Hall.
Staff member Lyon referenced the staff report noting the statue itself is not a designated historical resource and reiterated the question is whether the removal of the statue would materially impair the historic resource that is the City Hall and its site.
Motion by Rose, seconded by Rosenow, to continue the matter to a date certain of December 7, 2021, and direct staff to initiate a historic resources (assessment) report to provide further information about the historic significance of the City Hall site and the Bogert statue.
I, JOANNE BRUGGEMANS, Administrative Secretary for the City of Palm Springs, hereby certify that the above action was taken by Historic Site Preservation Board of the City of Palm Springs on the second day of November, 2021, by the following vote:
AYES: Rose, Rosenow, Kiser Hough.
NOES: Miller.
ABSTAIN: Nelson.
ABSENT: Hansen.
_________________________
Joanne Bruggemans
Adminstrative Secretary
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Main Office
Three Park Plaza, Suite 120
Irvine, CA 92614
Office: 714.462.1700
Fax: 714.462.1785
Riverside Office
3649 Mission Inn Avenue
Second Floor Rotunda
Riverside, CA 92501
February 10, 2022
VIA E-MAIL AND PERSONAL SERVICE
Anthony Mejia
City Clerk
Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
[email protected]
Jeff Ballinger
City Attorney
Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
[email protected]
Re: Appeal to the Palm Springs City Council of the Historic Site Preservation Board Vote, on February 1, 2022, Approving a Certificate of Appropriateness Allowing the Removal/Relocation of the Mayor Frank Bogert Statue Located at City Hall
Dear Mr. Mejia:
I represent Friends of Mayor Frank Bogert, a collection of Palm Springs residents who are opposed to the removal/relocation of the Mayor Bogert statue from its current location on City Hall parcel located between El Cielo Road, Civic Drive and Tahquitz Canyon Way. One of my clients is Mrs.
Frank Bogert who has consistently opposed removal/relocation of the statue of her deceased husband, Frank Bogert.
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P&N
PACHECO &NEACHP c
February 10, 2022
The Palm Springs Historic Site Preservation Board (“HSPB”) approved, on February 1, 2022, the issuance of a Certificate of Appropriateness for Alterations to The Palm Springs City Hall, A Class 1 (Landmark) Historic Site Located at 3200 Tahquitz Canyon Way, specifically the removal/relocation of the Mayor Bogert statue.
On behalf of Mrs. Bogert and the Palm Springs residents of the Friends of Mayor Frank Bogert, I as their legal counsel, appeal the above-described vote and decision of the HSPB taken on February 1, 2022, to the Palm Springs City Council (“CC”). The basis for the appeal is as follows: I. Failure to adhere to the law including but not limited to the Palm Springs Municipal Code (“PSMC”) Relating to Historic Site Preservation; II. California Environmental Quality Act (“CEQA”) has not been lawfully followed as there is no exemption under law for the City’s proposed action; but instead, an exception that bars it; and III. Federal and state law regarding visual art on public display bars the proposed City action.
I. Failure to adhere to the law including but not limited to the Palm Springs Municipal Code Relating to Historic Site Preservation Code Sections
a. Introduction
The evaluation and assessment of the relocation/removal of the Bogert statue in the context of historic resource designation can only be bound by the actions of the CC and its successful resolutions.
The PSMC dictates a certain treatment and assessment for historic sites, particularly a Class 1 designation, as here. If there was no historic designation at issue then we would not be having this debate and there would be no need to refer the matter to various committees or the CC, the statue could just be removed/relocated by edict. Consequently, the PSMC relating to historic site preservation governs, and dictates. Within that code is the authority granted only to the City Council to designate a historic site and or resource.
Therefore, the assessment of what is or what is not a historic resource is defined solely by CC Resolutions, pursuant to the PSMC. In this instance there were only two such resolutions relating to City Hall, one in 1996 and another superseding one in 2012. Prior to that time there were no resolutions identifying any part of the City Hall property, or its features, or its structures, as a historic resource or site. There was no resolution in 1957 when the first part of Mr. Frey’s modern design was constructed.
There was no resolution designating the second phase of Frey’s construction in 1965 either. When subsequent additions occurred after 1965, they also were not identified as historic resources at the time of their construction and placement. Only in 1996 and 2012 did the CC exercise their authority to designate relating to City Hall, its features, structures and land.
Whether any of the features of City Hall through the decades would have so qualified as historic resources is helpful but does not decide the path the City must take in its analysis of whether it is Item 5C - 90
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lawfully removing/relocating the Mayor Bogert statue. The CC defined the historic resource, not City staff in their various and unfortunate attempts to change or alter the intentions of the HSPB or the CC.
City staff continues here to materially contort both the facts and the application of the law embodied not only in the PSMC but state and federal law as well. Staff distorts the analysis by falsely claiming that the historic resource is actually defined by the staff. They decided that the “period of significance”
1 was in 1957 and 1965 and then directed historic experts to focus only on Frey’s work at that time period, though his architectural firm designed and built two other additions subsequently.
Unfortunately, Frey’s work in 1957 and 1965 is not relevant nor controlling as no CC resolution has ever defined only Frey’s design and construction in 1957 and 1965 as a historic resource.
The only historic designations were done by resolution in 1996 and 2012. The Bogert statue creation and placement at City Hall occurred in 1990 and predates those resolutions, thus it was obviously present at the time the CC passed its resolution designating City Hall as a historic resource on both occasions. While it appears from a review that such resolution encompassed more than the building itself, but also other features and structures, grounds and parking lots, subsequent discussions identified some confusion on what features or structures were included in the 1996 Resolution. Thus, starting in 2010 the City, the HSPB and CC took up the discussion in attempt to further define the earlier resolution.
In March of 2012 the CC finally passed the second and last resolution designating the “land, features and structures” contained within an area defined by three streets, “El Cielo Road, Tahquitz Canyon Way and Civic Drive”. At the time of this resolution, the Bogert statue was both a feature and structure, by definition, and sits exactly in the middle of the defined area designated as a historic resource/site. This is the last time the CC defined the land, features and structures therefore any alteration of the 2012 designation is the issue, not a false description of a “period of significance” from the 1950s disingenuously advanced by staff.
Importantly, both the CC and the HSPB have received volumes of materials and information from my clients and from my office attesting to and proving that (1) Mayor Frank Bogert presided over the modern transformation of Palm Springs and had a lasting legacy of incredible civic and community progress; (2) that the statue of Mayor Bogert is of great artistic value and is a piece of fine art constructed by one of the world’s finest sculptors and the preeminent sculptor in the country of Mexico.
What is of particular concern and exemplifies the great extent of staff machinations in this matter is that the historic experts hired by the City were specifically instructed by staff not to evaluate the legacy of Mayor Bogert and were further instructed not to evaluate the artistic value of the Mayor
1 “Period of significance” does not appear in any part of the PSMC relating to historic resources or sites, nor does it direct that after historic designations are made this imagined phrase can be used as a basis for redefining the historic resource designated by City boards and the City Council. If staff could change the resolutions passed by the Council designating historic resources in such a way, as they attempt to do so here, there would be no need for the Council or the HSPB, staff would decide whenever it suited them to do so. No votes need be taken, but then democracy would not exist.
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Bogert statue. [“As of January 2022, the statue has not been evaluated for eligibility as a historic resource and the historical significance of the art and its creator has not been determined. This study does not evaluate the Bogert statue under any eligibility criteria.” (Historic Resources Report dated January 24, 2022, p.1-2, Section 1.1)]
But clamping down on the experts was not enough, staff went so far as to take the reins from the HSPB by dictating to those appointed officials what they could discuss and evaluate and what they could not regarding the Mayor Bogert statue. Specifically, staff falsely claimed that the HSPB could not evaluate or review the artistic value or historical significance of Bogert statue [“The Board’s authority is limited to evaluating the Certificate of Appropriateness application and making findings relative to the proposed alteration of the historic resource that is City Hall. It is not authorized or requested to evaluate the legacy of Frank Bogert, nor to opine about the artistic status or value of the statue itself…” (HSPB Staff Report dated February 1, 2022, p. 2)]. Not only should the HSPB have evaluated the Mayor Bogert statue as it was designated a historic resource in the 2012 Resolution, but staff knew the statue would satisfy various criteria not only under PSMC, but also state and federal law. Consequently, in order to skew a certain outcome, the “game” had to be fixed before it was played, much like the confidence game “Three-card Monte”.
b.
2012 CC Resolution
We note initially that there is little mention of the 2012 Resolution passed by the CC on March 7, 2012 by staff in their HSPB Report. Obviously, the language of the controlling document, the last resolution which identifies what is and what is not part of the historic resource designation, would be important not only to the HSPB but also to the CC.
In its 2012 Resolution the CC referred to Chapter 8.05 of the Palm Springs Municipal Code (“PSMC”) as the operative law. (2012 Resolution Section A.) It went on to cite the confusion regarding the 1996 Resolution. (2012 Resolution Section B.) The CC expressed the value of a designation of the entire site or specific portions of the site as a historic resource. (2012 Resolution Section C. and D.) The CC also indicated in its resolution that it had reviewed all manner of information before making its decision, including but not limited to historical research, written and oral testimony. (2012 Resolution Section F.) The CC’s operative motion, which passed near unanimously with only one dissenting vote, is repeated here verbatim:
“THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVE:
SECTION 1. The Class 1 historic designation for the Palm Springs City Hall is hereby amended to include the structures, features, and land of that portion of APN No. 502-150-005 bounded by the north edge of the north parking lot and the curb edges along Civic Drive, Tahquitz Canyon Way, and El Cielo Road, excepting the landscape plant materials therein, subject to the following conditions:
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1. All future exterior modifications including but not limited to building, site, landscaping, walls, fences shall require Architectural Approval pursuant to Section 94.04.00 of the Palm Springs Zoning Ordinance.
2. No permit for the alteration of the interior or exterior of any building, or the steps or entry plaza fronting the main (south) building entries, or the hardscape of the parking lot areas, including any and all of the properties elements and characteristics within the designated area described above shall be issued without prior approval by the Historic Site Preservation (HSPB) as provided in Chapter 8.05 of the Palm Springs Municipal Code. Modifications to landscape plant materials are exempted from HSPB review.
3. All existing or previously approved or installed alterations or improvements shall be considered acceptable and consistent with the requirements of Chapter 8.05 of the Palm Springs Municipal Code.
ADOPTED THIS 7
TH DAY OF MARCH, 2012.”
(Emphasis added.)
1. The Mayor Bogert statue was included for protection as a historic resource in the 2012 Resolution in a number of ways.
The CC specifically identified that their historic designation included “features” and “structures” found on the City Hall property bordered by Civic Drive, Tahquitz Canyon Way, and El Cielo Road. In analyzing any legislative act, statute or resolution the law applies the rules of “Statutory Construction”, which guide courts of law in their interpretation of those legislative acts. “Any question of statutory interpretation begins with looking at the plain language of the statute to discover its original intent. To discover a statute's original intent, courts first look to the words of the statute and apply their usual and ordinary meanings… A court may also look at: the common usage of a word, case law, dictionaries…” Legal Information Institute, Cornell Law School. (Emphasis added.)
“Structure” is defined as
“Something built”. Cambridge Dictionary
“Something (such as a house, tower, bridge, etc.) that is built by putting parts together and that usually stands on its own”. Merriam-Webster Dictionary
“Something (such as a building) that is constructed.” Merriam-Webster Dictionary
“A structure is something that has been built”. Collins Dictionary
“Feature” is defined as
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“A prominent or conspicuous part or characteristic”. Collins Dictionary
“Something offered as a special attraction.” Collins Dictionary
“A prominent part or characteristic”. Merriam-Webster Dictionary
“A special attraction: such as
(c) something offered to the public or advertised as particularly attractive.” Merriam-Webster Dictionary
“A prominent or distinctive part, quality, or characteristic: a feature of one’s personality; a feature of the landscape.” The Free Dictionary by Farlex (Emphasis added.)
“A prominent or distinctive part or aspect, as of a landscape, building, book, etc.” The Free Dictionary by Farlex (Emphasis added.)
The “plain language” of the 2012 Resolution designates all structures and features within the border of three streets. And there is no question the CC knew of the statue’s existence at the time they voted on the Resolution in 2012.
And by any definition the Mayor Bogert statue is both a feature of the defined City Hall area located between Civic Drive, Tahquitz Canyon Way, and El Cielo Road, as it is a prominent and distinctive part of the landscape. And it is also a structure, something that has been built. In this instance, built by a world-renowned artist. Therefore, the CC in its 2012 Resolution by reference included all features and structures within the parameters of the defined portion of land. That portion included, prominently and distinctly, the Bogert statue.
Subsection 3. of the 2012 Resolution, approved 22 years after the Mayor Bogert statue was added to the City Hall area, states that “[a]ll existing…improvements shall be considered acceptable and consistent with the requirements of Chapter 8.05 of the Palm Springs Municipal Code. An improvement is defined as
“The act of adding something to a property such that it increases the property's value.” The Free Dictionary by Farlex
“An instance of such improvement: something that enhances value or excellence.” Merriam-Webster
“A change or addition to land or real property, as a sewer, fence, etc., to make it more valuable. Collins Dictionary
In this instance, the Mayor Bogert statue was built by Raymundo Cobos Reyes, an artist of international fame. His sculptures grace the renowned Heroic Figures Paseo de la Reforma, and a monumental sculpture, “Playa de Toros” in Mexico City, as well as a statue of Pope John Paul II in the Item 5C - 94
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Vatican. Mr. Reyes also had one man art shows in the Museum of Art in Chicago, and at the Museum of Man in Paris, to name a few. His statue of Mayor Frank Bogert is unquestionably a piece of fine art and adds tremendous value and excellence to the defined City Hall area. If a “sewer” or “fence” qualifies as an improvement, it is impossible that a work of fine art from a world-renowned artist does not.
Consequently, the statue is an “improvement” and it existed at the time of the 2012 Resolution, therefore the Mayor Frank Bogert statue “…shall be considered acceptable and consistent with the requirements of Chapter 8.05 of the Palm Springs Municipal Code.” That municipal code section defines historic resource. Use of this language regarding “all existing improvements” is perfectly consistent with the language designating all features and structures within the designated area as part of the historic designation. Again, Statutory Construction reaffirms that the Mayor Bogert statue was protected as an historic resource. [“Statutes should be internally consistent.” Legal Information Institute, Cornell Law School.]
Further, we know that the 2012 CC was circumspect about what parts to include and what parts to exclude in its designation. For example, the CC in 2012 made clear that the landscaping of City hall was not part of the historic designation and would not need approval for alteration in the future. If the CC wanted to exclude the Mayor Frank Bogert statue from its designation, as it did with the landscaping, they would have done so. The rules of Statutory Construction applies here too. “The legislature is presumed to act intentionally and purposely when it includes language in one section but omits it in another.” Legal Information Institute, Cornell Law School. If the CC wanted to exclude the Mayor Bogert statue from the designation, as they did with landscaping, they would have. Therefore, any omission by the CC from such exclusion, of the statue, was purposeful. They did not want to exclude the Mayor Bogert statue from its historic resource designation.
Moreover, An evaluation of the Mayor Bogert statue in comparison to the criteria under PSMC
8.05.070, Procedures and Criteria for the Designation of Class 1 and Class 2 Historic Resources, finds that it qualifies on more than one criterion:
“(ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; or
(iii) The resource reflects or exemplifies a particular period of national, state or local history; or…
(v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his or her age, or that possesses high artistic value;” Therefore, it certainly did qualify for inclusion within the historic resource designation made in 2012 by the CC.
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2. Lawful Evaluation of the Historic Resource as defined and designated by the 2012 CC Resolution
As previously stated, any evaluation of the lawful criteria must begin with a definition of the historic resource. Given that only the CC can identify what is an historic resource any analysis must start and end at a successfully passed resolution of that CC. As we know there have only been two and the last one, the operative one, was passed in 2012. That designation was broad and inclusive of all “features” and “structures” within the defined geographical parameters which included the Bogert statue.
Any attempt to recast what is the historic resource found in the 2012 Resolution, in contradiction to the CC designation in 2012, is a false premise, a rather transparent “straw man”2, designed only to mislead the HSPB and ultimately the CC. And which creates a decayed foundation for the City in subsequent litigation.
The Mayor Bogert statue’s removal must be evaluated in light of the lawful criteria. HSPB approved a Certificate of Appropriateness which would lead to removal/relocation of the Mayor Bogert statue. There is no question that removal/relocation of the stature is an “alteration” under the PSMC definitions:
PSMC 8.05.020 Definitions.
“Alteration” means any exterior change or modification to a building, structure or object. For the purposes of this chapter, an “alteration” shall include, but not be limited to…and the placement or removal of any exterior objects…”
“Object” means a construction primarily artistic in nature or relatively small in scale, such as a sign or a statue.”
[Without question the Mayor Bogert statue is an “object” within the meaning of the PSMC.]
“Major Alteration” means any alteration that does the following:
A. Removes, encloses or modifies (i.e., new window and/or window relocation) (i) twenty-five (25) percent or more of the lineal footage of the elevation(s) of the building, structure or object (including site and garden walls) facing a public street or right-of-way (or a street-facing elevation if the parcel is a through lot or landlocked), or (ii) more than fifty (50) percent of the lineal footage of all exterior
2 Definition of “straw man”: an intentionally misrepresented proposition that is set up because it is easier to defeat than an opponent's real argument.
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elevation(s) of the building or structure, so that they no longer function as exterior elevation(s) of the building or structure.
[The HSPB voted affirmatively to allow the “removal” of the Mayor Bogert statue, which is an “object” “facing a public street.” Consequently, such act would entail a Major Alteration.]
B. Removes fifty (50) percent or more of the cumulative area of the building, structure or object’s footprint.
[Given that the intent and decision is to remove all of the statue that would exceed 50% including its footprint. Consequently, such act would entail a Major Alteration.]
“Minor Alteration” means any alteration that is not demolition or a major alteration. 3 “Landmark/Class 1 historic resource” means any site, structure, building or object not located on Tribal Trust or Allotted Trust Land designated by resolution of the City Council as having historic, architectural, archaeological, cultural or aesthetic significance that contributes to an understanding and awareness of the community’s history. A Class 1 historic resource may include a structure, building or object on the site, or may include all or a portion of the site itself. Class 1 historic resources are eligible for the execution of a Mills Act historic property preservation agreement, as determined by the City Council.
“Historic resource” means any site, structure, building or object not located on Tribal Trust or Allotted Trust Land which has been designated Class 1 or Class 2 status, or any identified contributing resource within a City Council-designated historic district. (Emphasis added.)
3. Criteria for Alteration of a Class 1 Historic Resource has not been lawfully satisfied.
The criteria for removal/relocation must all be satisfied before alteration can occur according to the PSMC.
“PSMC 8.05.110 E Alteration of Class 1 and Class 2 Historic Resources- Certificate of Appropriateness)
3 Staff in its report to the HSPB dated February 1, 2022, incorrectly identifies the removal/relocation of the mayor Bogert statue as a “minor alteration”. The PSMC, state and federal law disagree. (See HSPB Staff report, p. 2, Regulatory Framework)
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E. Criteria and Findings for Alteration of Class 1 and Class 2 Historic Resources. In considering a Certificate of Appropriateness application, the approval authority shall evaluate the application and make findings for conformance to the following criteria:
1. That the proposed alteration does not significantly impact or materially impair the character-defining features of the historic resource as listed in the resolution for historic designation, or, where a character-defining feature may be impacted, the proposed alteration minimizes that impact as much as possible;
[Removal/relocation of the Bogert statue would definitely impact the historic resource as it is part and parcel of that resource. It is a feature and structure of the 2012 historic resource designation. California Public Resources Code § 5020.1(q) clearly states that “relocation” of a historic resource is a “substantial adverse change…such that the significance of an historical resource would be impaired.” Therefore, this criterion is not satisfied and neither relocation or removal can occur.]
2. That the proposed alteration will assist in restoring the historic resource to its original appearance where applicable, or will substantially aid its preservation or enhancement as a historic resource;
[As stated above, removal or relocation would not “assist in restoring the historic resource” as the historic resource was defined in 2012 by the CC. The Bogert statue was included as both a feature and structure of that historic designation. Thus, restoration of the 2012 designated historic resource would not be restored if a feature/structure, the Mayor Bogert statue, was removed from the site.
Therefore, this criterion is not satisfied and neither relocation or removal can occur.]
3. That any additions to the historic resource are consistent with the massing, proportions, materials, and finishes of the existing historic resource, and: (i) can be distinguished from the existing historic resource as may be appropriate; or (ii) are indistinguishable from the historic resource as may be appropriate, and where such alterations are clearly documented in the City’s archival file for the historic resource as being non-original to the historic resource;
[The historic resource was defined and delineated by the CC in its 2012 Resolution and in fact resolved any misunderstanding from the 1996 Resolution which either included the structures and features on and around City Hall or did not. The 2012 Resolution put an end to the confusion and made clear that the historic resource was not just the 1957 and 1965 pieces of construction but included every feature and structure within the defined area between the three streets that surrounded City Item 5C - 98
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Hall and which area included the Bogert statue. Anything “non-original” to the 2012 designated historic resource, which would have had to postdate the Resolution, would be subject to alteration pursuant to the language of the Resolution. The Bogert statue did not postdate the 2012 Resolution and in fact had been on site since 1990 and was thus part of the historic site designated by the CC in 2012. Thus, the Bogert statue is part of the “original” designation in 2012.
To artificially claim, as staff attempts to do so, that the original historic resource is the 1957 and 1965 parts of the City Hall building is sophistry. As stated, prior, no resolutions were passed until 1996 and 2012. To harken back to 1957 is a false construction.
Therefore, this criterion is not satisfied and neither relocation or removal can occur.]
4. That, in cases where Federal funds are to be utilized in financing the proposed alterations, the alterations are consistent with the Standards for the Treatment of Historic Properties, as put forth by the U.S. Secretary of the Interior.”
Not applicable.
c. Failure to remove or renovate any other “non-conforming object” identifies the real unlawful motives to remove the Mayor Bogert statue
1. Staff falsely indicate the Certificate of Appropriateness request is founded on a mere desire to “…determine whether removal of the statue would materially impair the historic significance of City Hall ”.
The falsity of this request is legion. First, the intentions of the HSPB and the CC are borne out by the very report commissioned. Ostensibly both the CC and the majority of the HSPB voted to remove the statue because it does not comport with the original design in 1957 and follow-up addition made in 1965 by a modern art architect, Frey. That is the entire basis for the vote to remove the statue. Public money was spent on historic experts in an effort to secure assistance in the construction of this façade, this supposed adherence to the majesty of the original architecture.
Yet for the past year plus, if not longer, the Mayor Bogert statue has been at the center of a very public community debate surrounding Mayor Bogert and events that occurred literally half a century or more ago (Section 14). At each meeting when this item has been on a City agenda numerous citizens have weighed in on the statue and Mayor Bogert’s legacy. In addition, the CC members have made numerous public and private comments about the statue and Mayor Bogert’s legacy and not once was there a cry to conform the existing City Hall area to the earliest buildings constructed in 1957 and 1965.
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The political correctness attack on Mayor Bogert has been the only reason offered for the statue’s removal, until the staff and CC were informed that political correctness and cancel culture did not qualify for alteration of the statue under the law.
Consequently, a new rationale had to be concocted, one we have discussed herein. If that is the basis, adherence to the early architecture, then why aren’t the additional “non-conforming” items also being removed or corrected? The commissioned Historic Report identifies many “non-conforming” parts of the City Hall site, all included in the 2012 Resolution. Yet all of these other nonconforming items have been left untouched. They are:
“The general site plan configuration and layout of hardscape and landscape appears as it was during the period of significance, however the parking lot light fixtures and the specific plant materials that exist today in the landscape do not reflect the Ekbo design as seen in historic photos and a 1957 rendering. The 2012 designation amendment specified that “landscape plant materials” are not included in the designation, and this is presumed to cover any remaining original as well as current vegetation. The flagpole and Frank Bogert statue located in the lawn area in front of the building are alterations that occurred well after the period of significance and do not contribute to the property’s significance in terms of architecture or association with/embodiment of historic patterns of development – the flagpole was moved here from the main entrance in 1981, and the statue was added in 1990. In summary, the open space at the front of the building is a contributing element, while the actual vegetation, flagpole, and statue are not contributing elements.” (Historic Report, p.12-13/ Sect. 6.)
The Report goes on to identify the 1972 conference room addition which was essentially altered by another nonconforming addition in 1985. The report speaks plainly: “As a result, it does not contribute to the significance of City Hall.” (Historic Report, p.13/ Sect. 6.)
If the HSPB vote was honestly about restoring the grandeur of the City Hall constructed in two phases in 1957 and 1965 by a celebrated architect, then the resolution would have included not only the removal of the Mayor Bogert statue but also:
1. The removal of the flagpole;
2. The demolition or complete reconstruction of the 1972 addition (conference room);
3. The demolition or complete reconstruction of the 1985 addition;
4. Replacement and restoration of original parking lot standards;
5. Restoration of original landscape design from 1957.
Yet none of these items were even mentioned in the HSPB review at issue, nor have they been the subject of discussion or debate in the slightest, either by the HSPB or the CC in any of its meetings since the issue of Mayor Bogert’s legacy arrived. The reason they were not included in any of the above is because conformity with a 1957 architectural drawing is not the issue, political correctness/cancel culture is the issue. But because political correctness/cancel culture is not found as a basis for altering or removing or relocating a feature/structure/object of a designated historic site in the PSMC the appointed Item 5C - 100
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and elected officials4 on the CC and HSPB have had to find what appears a lawful reason.
Unfortunately, the rationale here is not availing and is merely an attempt to force a “round peg into a square hole.” It should not be surprising that some public officials use obfuscation to achieve goals the law does not allow.
2. Staff disingenuously altered the mandate and directive from the HSPB provided in its November 2, 2021, meeting.
Specifically at the Nov 2, 2021, meeting of the HSPB the motion that passed was simple and direct- “…initiate a historic resources (assessment) report to provide further information about the historic significance of the City Hall site and the Bogert statue.” (Emphasis added.) City staff changed the motion made by HSPB and altered it to suit their purpose of removal.
By the February 1, 2021, meeting of the HSPB the Staff report had materially altered the directive, instead to require the Board to “…determine whether removal of the statue would materially impair the historic significance of City Hall.” And the staff added further that the HSPB requested “…more information about the defining historic characteristics of City Hall”, again omitting any HSPB request relating to the statue.
No mention was made of a historic significance assessment of the Bogert statue voted on and approved by the majority of the HSPB. This part of the directive was not only concealed from the HSPB when the matter was returned over three months later on February 1, 2022, but also from the historic experts staff hired to complete the assessment. Instead the experts were directed contrary to the very request by the HSPB. As noted, the Historic Report clearly states as follows:
“As of January 2022, the statue has not been evaluated for eligibility as a historic resource and the historical significance of the art and its creator has not been determined. This study does not evaluate the Bogert statue under any eligibility criteria.” (Historic Report, p. 1-2/ section 1.1)
In essence, the HSPB was not only deceived by staff’s material alteration the HSPB lacked all of the information it thought it needed to evaluate the question, and that the law required. Because of these actions by staff, and other acts with the same intent identified herein, the vote on February 1, 2022, by the HSPB on the issue of a Certificate of Appropriateness, which allowed for the removal/relocation of the Mayor Bogert statue, was fatally flawed.
4 We except those appointed or elected officials who have seen this charade for what it is and have voted accordingly.
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3. Staff inappropriately skewed the Historic Report to achieve a desired outcome, which indicates there was no meaningful consideration of the law or facts at the time of the HSPB vote.
Failure to fully assess the appropriateness of their action, by the HSPB, to remove an object that was included and designated a Class 1 Historic Resource is a failure to follow the law as identified within the PSMC. Failure to follow the law is error and no decision based on error can be upheld by the CC.
The staff hired the historic experts. And they directed their evaluation and assessment. And staff confined the experts work to the parameters they designed, and not those defined by the HSPB. Staff then prepared a report for the HSPB that consumed more than two full pages referring to and citing the Historic Report they commissioned and constructed. Again, presumably mindful their work would be misused, the historic experts freely acknowledged that they were not requested to evaluate the artistic value or effect of the statue or the significant local historic contributions of Mayor Frank Bogert, which is exactly what the PSMC required. PSMC 8.05.070. Procedures and Criteria for the Designation of Class 1 and Class 2 Historic Resources.
The 2012 Resolution was a recognition by the CC that the City Hall parcel included various contributions to the City’s history with varying significance attached to each. Consequently, the additions of 1972 and 1984, the flagpole, the Mayor Bogert statue and other features were all considered part of the mosaic of the historic resource embodied in the 2012 designation. Prior to this resolution it was arguable that only the building that was City Hall was designated a historic resource by the 1996 Resolution. The 2012 Resolution was an unmistakable effort by the CC to recognize the contributions to historic significance of all of the features, including but not limited to the Mayor Bogert statue.
To exacerbate matters, the staff created a grossly misleading document by commanding the historic experts to ignore the historic and artistic value of the Mayor Bogert statue. Staff then commanded the experts to only focus on the architecture from a specific time period, and then directed the experts to compare that architecture to other features added later to the City Hall parcel. Only in this way, by this twisted construction, could a straw man be created. It should not be surprising that the experts when commanded with that incongruity delivered the misleading answer commanded by staff.
The report was then used as a Trojan Horse to claim the statue had no historic significance.
Coupled with the glaring failure by staff to fully offer and analyze the 2012 resolution in its staff report to the HSPB, and skewed Historic Report, the Staff decided the outcome before the game was played.
The HSPB was then herded down the path, some of them unwillingly.
Another example is the “Clarification” section found on page 5. Both the Chair and Vice Chair expressed concern about effect of removal of the statue, its artistic value and the integrity of the statue itself. Instead of evaluating those items staff indicated in its report that “…it is not within the purview or subject matter expertise of the HSPB to be able to determine impacts on artwork associated with a Certificate of Appropriateness.” This was done even though the HSPB had directed staff to evaluate the Item 5C - 102
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artistic value of the statue. And this material alteration by staff violated PSMC 805.070(a)(v) which specifically requires an evaluation by the HSPB of the artistic value of the artist and the artwork. If one had been done the results would have been clear, both the artist and the sculpture of Mayor Bogert have great artistic value.
4. The National Register of Historic Places Registration Form is irrelevant and serves only as a distraction from the main issues herein
Scant discussion of 2012 CC meeting, or HSPB mtg, designating the entire parcel and its features a historic site was found in the Staff Report of February 1, 2022. One small reference and one sentence buried in the middle of a chart at the bottom of page 3. It could not have been more obscure unless it was removed entirely.5 By contrast staff spent significant space on the certification from the National Register of Historic Places. While interesting it neither overrules or disputes the statue as a historic object or artistic object within the meaning of PSMC or the Resolution passed by the CC designating the entire parcel, including the statue as a Class 1 historic site. The National Register was not asked to evaluate whether the 2012 CC Resolution included the Mayor Bogert statue in its historic resource designation, nor was it asked at the time to evaluate the historic or artistic value of the statue to the community of Palm Springs, of Mayor Bogert’s legacy for that matter.
Therefore, inclusion of the National Register application, which has nothing to do with the 2012 CC resolution, as it antedates the resolution by three (3) years, is nothing more than a “red herring.” 6 II. CEQA has not been lawfully followed as there is no exemption under law for the City’s proposed action; but instead, an exception that bars it
The California Environmental Quality Act (“CEQA”) is clear that all public projects undertaken by a public agency are subject to CEQA. There are two types of exemptions from the strictures of CEQA, one statutory and the others categorical. Statutory exemptions do not apply in the case before the City, possibly the one thing we agree on with staff. The dispute in this field is a categorical exemption.
Categorical exemptions are identified and defined in the CEQA Guidelines (14 CCR Section 15300-15331). Importantly under the CEQA law, categorical exemptions cannot be used for projects that may cause a “substantial adverse change” in the significance of an historic resource. (14 CCR Section 15300.2(f)). The lead agency, in this instance the City, has to, by law, determine that a categorical exemption, that it may claim, “…is not barred by one of the exceptions set forth in Section 15300.2.” (14 CCR Section 15061(a)(2)).
5 To their credit the historic experts included the 2012 Resolution but only as an exhibit in their report, though its inclusion and significance did not persuade the staff to meaningfully include it in their Staff Report. 6 Definition of “red herring”: something, especially a clue, that is or is intended to be misleading or distracting.
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An exception does however that bars the City’s action identified herein, and abrogates the action by the HSPB:
“15300.2. EXCEPTIONS
(f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.”
(14 CCR Section 15300.2(f))
CEQA also identifies those resources that qualify as a historic resource:
15064.5. DETERMINING THE SIGNIFICANCE OF IMPACTS TO
ARCHAEOLOGICAL AND HISTORICAL RESOURCES (a) For purposes of this section, the term “historical resources” shall include the following: (1) A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Pub. Res. Code § 5024.1, Title 14 CCR, Section 4850 et seq.). (2) A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code or identified as significant in an historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant.
(Emphasis added.)
The Palm Springs CC in 2012 identified all features and structures within a defined area around City Hall as historic resources, that included the Mayor Bogert statue, as previously discussed. That designation was the inclusion of the features, structures and land within that defined area into the “local register of historical resources”. Therefore, pursuant to CEQA, the statue of Mayor Bogert “…shall be presumed to be historically or culturally significant.”
And finally, a “substantial adverse change” is defined as:
“A project with an effect that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. (1) Substantial adverse change in the significance of an historical resource means physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired.” 14 CCR Section15064.5(b)(1).
(Emphasis added.)
Therefore, any proposed relocation of the Mayor Bogert statue requires an elaborate CEQA process typically involving an environmental impact report (“EIR”) and other determinations by the lead Item 5C - 104
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agency, the City. California Public Resources Code §§ 21080(d), 21082.2(d), 21100(a), 21151(a).
Of course, a full public review of this process is part and parcel of the requirements. None of these rules have been followed, no EIR has been done, the City has merely relied on an unqualified, and false claim of exemption. It is important to note that such claims are subject to review in court by a judicial officer.
The City will bear the burden of proof regarding its claim of exemption.
The staff claim that all the City intends is to restore a historical resource, but this false claim fails too. The historical resource is not only the 1957 and 1965 buildings on site, pursuant to 14 CCR Section 15331. As we know the CC defined the entire area and its features and structures of the area as a historic site. Claiming that you are ‘restoring” the site by removing one of its protected historic features/structures is like claiming you’re saving the village by burning it to the ground. Neither makes sense, and in a legal courtroom both illogical claims fail, as they should here.
III. Federal and state law regarding visual art on public display bars the proposed City action
There should be no question that the Mayor Bogert statue is an acclaimed piece of fine art created by an internationally respected artist, Raymundo Cobos Reyes. Mr. Reyes has exhibited his sculptures and paintings not only in his home country of Mexico, but all over the world.
State law prohibits anyone, including municipalities, of intentionally committing “...any physical defacement, mutilation, alteration, or destruction of fine art.” California Civil Code § 987(c)(1). (Emphasis added.) Only the artist who created the fine art may authorize any alteration of their work. Id.
The purpose of the law, embodied in California Civil Code § 987(a), embraces ideals and principles of which the Palm Springs City Council should take note:
“The Legislature hereby finds and declares that the physical alteration or destruction of fine art, which is an expression of the artist’s personality, is detrimental to the artist’s reputation, and artists therefore have an interest in protecting their works of fine art against any alteration or destruction; and that there is also a public interest in preserving the integrity of cultural and artistic creations.”
Failure to abide by California Civil Code § 987(a) subjects the offender to litigation which can include, injunctive relief, actual damages, attorney’s fees and costs, and punitive damages. California Civil Code § 987(e).
The law requires notification to the artist, which we know for a fact has not been done by the City, as we have already contacted him.
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IV. Conclusion
Based on the foregoing points and authorities several things are clear. The HSPB was not provided with a complete understanding of the law and information was concealed from them either intentionally or inadvertently. As a result, the HSPB did not and could not make an informed decision. Further, the facts and law that was provided to the HSPB was skewed to achieve a desired outcome that suited the interests of some elected and appointed officials who wanted to remove the Mayor Bogert statue for unlawful reasons, political correctness and cancel culture. And the basis for the HSPB vote was a a flawed application of the law and facts. As a consequence of all of these commissions and omissions the PSMC was not followed lawfully.
In addition to the tortured analysis offered by staff regarding the PSMC, they also offered one regarding CEQA. Instead of following the CEQA process they proffered to the HSPB a false exemption that could not be claimed due to an exception preventing its use. Again, the HSPB was duped, and the law was not followed in all of its requirements.
Unfortunately, no effort was made by staff to even discuss the law regarding visual arts and the failure to follow it. On this basis alone the HPB decision should be reversed, though there are many bases for reversal of that decision.
We encourage the CC members to show courage to follow the law whether they like the result or not. Law is the only thing holding our society together, and any diminution of it in any context weakens that which holds civilization together in an orderly and safe fashion. It is the duty of all public officials to follow the law whether it suits their opinions or interests.
Therefore, we appeal the decision made by the HSPB granting a Certificate of Appropriateness to effectuate a removal/relocation of the Mayor Bogert statue.
Very truly yours,
Rod Pacheco
Item 5C - 106
Resolution No. _____ – Case HSPB #33D/ Case 3.3377 – Bogert Statue
February 24, 2022
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL OF
HISTORIC SITE PRESERVATION BOARD ACTION
APPROVING A CERTIFICATE OF APPROPRIATENESS
FOR ALTERATIONS TO THE PALM SPRINGS CITY HALL,
A CLASS 1 (LANDMARK) HISTORIC SITE LOCATED AT
3200 EAST TAHQUITZ CANYON WAY – REMOVAL OF
FRANK BOGERT STATUE, (HSPB #33D/ CASE 3.3377)
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic resources; and
B. WHEREAS, on November 2, 2021, the City’s Historic Site Preservation Board (“HSPB”) considered a Certificate of Appropriateness application to determine whether removal of the statue would materially impair the historic significance of City Hall. At that meeting the HSPB considered the application and continued it , requesting more information about the defining historic characteristics of City Hall; and
C. WHEREAS, staff solicited proposals f or a historic resources report and the firm Architectural Resources Group (“ARG”) was selected to prepare the report; and
D. WHEREAS, a historic resources report dated January 20, 2022 (the “ARG Report”) was prepared by ARG, which evaluated City Hall and identified, among other things, the defining historic characteristics of the historic resource, the elements on the site that contribute to its historic significance, the criteria from the City’s Historic Preservation Ordinance (Palm Springs Municipal Code (“PSMC”), Chapter 8.05.) under which the site qualifies as a historic resource and its period of significance; and
E. WHEREAS, the ARG Report concluded that the Bogert statue does not contribute to the historic significance of City Hall and its removal would not materially impair the characteristics that contribute to City Hall’s historic significance, and
F. WHEREAS, on February 1, 2022, based on the information provided to the HSPB, including the ARG Report, the HSPB voted (4- 2 (with 1 abstention)) to approve the certificate of appropriateness for the removal of the statue, with the strong recommendation that the City Council ensure relocation of the statue to a suitable, publicly-accessible site in perpetuity; and
G. WHEREAS, at the said meeting, the HSPB carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony presented and voted 5-0- 1 (Burkett absent) to recommend that the City Council designate the Palm Springs Racquet Club a Class 2 (Historic Merit) historic site; and
H. WHEREAS, on Thursday, February 10, 2022, Rod Pacheco, on behalf of his client, Friends of Mayor Frank Bogert (“Appellant”), filed an appeal of the HSPB’s action Item 5C - 107
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(the “Appeal”); and
I. WHEREAS on February 24, 2022, a duly noticed meeting of the City Council was conducted to consider the Appeal, in accordance with applicable law, at which time all interested parties were afforded an opportunity to be heard; and
J. WHEREAS, at the said meeting, the City Council carefully reviewed and considered all of the evidence presented in connection with the Appeal, including, but not limited to, the staff report, the ARG Report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1: INCORPORATION OF RECITALS
The City Council hereby incorporates by reference, the recitals contained above, as though fully set forth herein.
SECTION 2: DENIAL OF APPEAL.
Based on all of the evidence presented in connection this appeal, including, but not limited to, the staff report, the ARG Report, and all written and oral testimony presented, and based on the findings contained in this Resolution, the City Council hereby denies the Appeal and upholds the HSPB’s February 1, 2022 decision.
SECTION 3: FINDINGS IN SUPPORT OF DECISION
Pursuant to the PSMC Section 8.05.110(A), prior to alteration of a Class 1 historic resource, such as the proposed removal of the Bogert Statue from the City Hall site, a Certificate of Appropriateness must be processed.
Pursuant to Municipal Code Section 8.05.110 (E), (“ Alteration of Class 1 and Class 2 Historic Resources – Certificate of Appropriateness ”), in considering a Certificate of Appropriateness request, the HSPB must evaluate the application and make findings for conformance based on the following criteria:
1. That the proposed alteration does not significantly impact or materially impair the character-defining features of the historic resource as listed in the resolution for historic designation, or, where a character -defining feature may be impacted, the proposed alteration minimizes that impact as much as possible;
As noted in the ARG Report, City Hall’s historic significance is recognized for its Mid- Century Modernist architectural style and its association with master architect Albert Frey.
The character-defining features of the historic resource, as listed on page 14 of the ARG Report, include the general open configuration and layout of the landscape and hardscape fronting the building but does not include the planting materials, the flagpole or the Bogert statue. The statue is located in the open space in front of City Hall. Its removal would not significantly impact or materially impair the character-defining features because it does not alter the general configuration and layout of the open space fronting Item 5C - 108
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February 24, 2022
the building or any other character -defining feature that contributes to the historic significance of City Hall. As such this finding can be affirmatively met.
Appellant also asserts that the Bogert statue itself is a “historic resource”. The City’s Historic Preservation Ordinance defines a historic resource as “… any site, structure, building or object… which has been designated Class 1 or Class 2 status, or any identified contributing resource within a City Council- designated historic district.” In this case, the Bogert statue, while potentially capable of being designated as a historic resource, has not been granted Class 1 or Class 2 designation and has not been identified as a contributing resource in a Council -designated historic site or district. Nor is the statue from the period of significance for the City Hall. The statue itself is not a historic resource and thus is not subject to further evaluation as such.
2. That the proposed alteration will assist in restoring the historic resource to its original appearance where applicable, or will substantially aid its preservation or enhancement as a historic resource;
Upon completion of the original 1956 building and the 1965 addition, the character- defining open space in front of the City Hall building was comprised of two parking lots located at the southeast and southwest corners of the parcel, with a drive aisle connecting them across a broad expanse of landscape. There were no statues or other objects in the open space fronting City Hall during its period of significance. The Bogert statue was installed in 1990, well after the period of significance (1956-1965).
Further, Appellants have not demonstrated that the statue was part of the historic resource as designated by the City Council. The statue was not mentioned in the City Council resolutions that designated City Hall as a Class 1 historic site in 1996, nor in the subsequent resolution of 2012. It was also not mentioned in the materials submitted for consideration of adding City Hall to the National Register of Historic Places in 2015. It is not a character -defining feature; thus its removal will not adversely affect the historic resource and will assist in restoring it to its original appearance. This finding can be affirmatively met.
3. That any additions to the historic resource are consistent with the massing, proportions, materials, and finishes of the existing historic resource, and: (i) can be distinguished from the existing historic resource as may be appropriate; or (ii) are indistinguishable from the historic resource as may be appropriate, and where such alterations are clearly documented in the City’s archival file for the historic resource as being non-original to the historic resource;
As noted above, the 2012 resolution does not identify the statute as a historic resource.
Moreover, again, the question is not whether or not the statue is a historic resource or not. This finding is focused on whether any proposed “additions to the historic resources are consistent with the massing, proportions, materials, and finishes of the existing historic resource”. Here, the removal of the statue does not involve any “additions”.
Therefore, regardless of whether or not the statue is a historic resource, removal of the statue is not an “addition”, and thus this finding can be affirmatively met.
4. That, in cases where Federal funds are to be utilized in financing the proposed alterations, the alterations are consistent with the Standards for the Treatment of Historic Properties, as put forth by the U.S. Secretary of the Interior.
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Resolution No. _____ – Case HSPB #33D/ Case 3.3377 – Bogert Statue
February 24, 2022
No federal funds are involved in the proposed project. As such, this finding is not relevant and this finding need not be met.
With regard to Appellant’s CEQA argument, Appellant asserts that removal of the statue would violate CEQA because Appellant believes that the removal of the Bogert statue will cause a substantial adverse change in the significance of a historical resource.
However, as discussed above, based on the findings that are supported by the facts, the removal of the Bogert statue will not cause a substantial adverse change in the significance of a historical resource. The Bogert statue itself is not designated as a historical resource. Further, as explained above, removing the statue would restore the character-defining features of City Hall, which is the historical resource as issue. As such, removing the statue would improve the significance of City Hall and would not cause any adverse change, much less substantial adverse change, in City Hal’s significance. As such, the categorical exemption relied upon by City staff and the HSPB is appropriate for the proposed removal of the Bogert statue.
Appellant cites to a California statue that prohibits anyone, except the artist, from intentionally committing, or authorizing “the intentional commission of, any physical defacement, mutilation, alteration, or destruction of a work of fine art.” (California Art Preservation Act (“CAPA”), Civ. Code § 987(c)(1).)
However, even assuming the Bogert statue would be considered “fine art” under CAPA, the City is not proposing to deface, mutilate, alter, or destroy it. Instead, the City is proposing to remove the statue. Simply removing a statue from its current location an d placing it in storage alone is not enough to violate CAPA, as found in the very recent case of Schmid v. City and County of San Francisco, (2021) 60 Cal.App.5th 470, 488.
As such, the cited statute does not prohibit the City from removing the Bogert statue.
City staff is authorized to remove and dispose of the Bogert statue in a manner determined by the City Manager to be in the best interest of the City.
SECTION 4: ENVIRONMENTAL ASSESSMENT
:
The proposed project is categorically exempt from review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15331 and section 15061(b)(3).
Under section 15331, also known as class 31, projects that are for the “maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of Interior’s Standards for the Treatment of Historic Properties” (“the Standards”) are exempt from CEQA.
The proposed removal of the statue would restore the City Hall to conditions consistent with its period of historic significance and this restoration is consistent with the Standards for restoration. The Standards, beginning on page 118, state that restoration can include removal of features that were introduced onto a site from outside the period of significance.
As outlined in the ARG Report, the period of significance for City Hall was 1956 –1965.
The statue was installed in 1990, well outside the period of significance. Page 121 of the Item 5C - 110
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February 24, 2022
Standards further states that in restoring a site, it is recommended that “ work is included to remove… existing features that do not represent the restoration period.” (emphasis added.) (Restora tion period in this context is understood to mean the period of historic significance.) The Bogert statue was installed around 1990 and thus is not from the period of significance and removal is consistent with the Standards.
The Standards also denote on page 153 that retaining and preserving features that are important from the period of significance is recommended and that “ retaining non- restoration period (i.e. period of significance) landscape features is not recommended.” (emphasis added.) Thus in considering the findings for a Certificate of Appropriateness, removal of the statue is consistent with the Standards because it will contribute to restoring the City Hall site closer to the original appearance as seen in the vintage photos taken during the period of significance. As stated in the ARG Report, the statue is not recognized as a historic character-defining feature of the City Hall site and does not meet the definition of a historic resource as outlined in the City’s Historic Preservation Ordinance (PSMC
8.05.020), thus its removal is consistent with the Standards. As such, removal is exempt from CEQA under CEQA Guidelines section 15331.
Under section 15061(b)(3), an activity is not subject to CEQA if “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Removal of the statue will not have a significant effect on the environment. Removal of the statue can be accomplished with a standard truck -mounted articulating or “knuckleboom” hydraulic crane loading it onto a conventional flatbed truck. The stones around the concrete base can be disassembled and the concrete hauled away for recycling. The lifting of a statue of this relatively small size ont o a truck can be accomplished in a matter of hours and thus any noise or vehicle emissions while the trucks are on site are brief, periodic and insignificant. Furthermore, removal of the statue is not anticipated to have any impact on vehicular trips to o r from City Hall and thus other than the temporary parking of the crane and truck to lift the statue off the site, no impact on transportation is expected.
Under CEQA Guidelines section 15300.2, a categorical exemption (such as in Guidelines section 15331) may not be used if specified exceptions circumstances exist with respect to the proposed project. None of the exceptions apply here, as explained below.
1. Location exception (CEQA Guidelines section 15300.2(a)): This exception only applies to Class 3, 4, 5, 6 and 11 exemptions, none of which are being utilized here.
2. Cumulative impact exception (CEQA Guidelines section 15300.2(b)): This exception only applies if there are successive projects of the same type in the same place over time that have a significant cumulative impact. Here, there are no other similar restoration projects proposed for City Hall and thus no successive projects of the same type in the same place
3. Unusual circumstances exception (CEQA Guidelines section 15300.2(c): This exception only applies if there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. This exception does not apply because as explained above, there is no possibility that the proposed activity will have a significant effect on the environment and because there are no unusual circumstances related to the removal of the statute.
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February 24, 2022
4. Scenic highway exception (CEQA Guidelines section 15300.2(d)): The scenic highway exception only applies if the project may result in damage to scenic resources within a highway officially designated as a state scenic highway. This exception does not apply because the statue is not located within a highway that is officially designated as a state scenic highway. Tahquitz Canyon Way is identified in the City’s General Plan as an “enhanced transportation corridor” because it provides views of the San Jacinto Mountains and is developed with landscaped medians and street trees, however it is not a designated state scenic highway.
5. Hazardous waste site exception (CEQA Guidelines section 15300.2(e): This exception only applies to projects located on sites that are identified on the Cortese List of hazardous waste sites. This section does not apply because the Project site is not included on any list of hazardous waste sites.
6. Historical resources exception (CEQA Guidelines section 15300.2(f)): The historical resources exception states that a categorical exemption may not be used if it would cause a substantial adverse change in the significance of a historical resource. This exception does not apply because, as explained above, the statue is not itself a historic resource, and because as also explained above, removal of the statue is a restoration of the City Hall site consistent with the Standards.
Removing the statue will bring the City Hall closer to its original appearance during its period of significance, and therefore will not cause a substantial adverse change in the significance of a historical resource.
ADOPTED THIS 24th DAY OF FEBRUARY, 2022.
Justin Clifton, City Manager
ATTEST:
Anthony J. Mejia, MMC
City Clerk
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Resolution No. _____ – Case HSPB #33D/ Case 3.3377 – Bogert Statue
February 24, 2022
CERTIFICATION
STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM
SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 24, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ___ day of February, 2022.
Anthony J. Mejia, MMC
City Clerk
Item 5C - 113
CITY COUNCIL STAFF REPORT
DAT
E: February 24, 2022 NEW BUSINESS
SUBJECT: REVISED CITY COUNCIL RULES OF PROCEDURE
FROM: Justin Clifton, City Manager
BY: Anthony J. Mejia, City Clerk
RECOMMENDATION:
Adop
t a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING THE CITY COUNCIL RULES OF PROCEDURE.”
BACKGROUND:
On J
anuary 23, 2019, led by a City Council Subcommittee, the City Council reviewed the Rules of Procedure and provided direction for additional revisions, including:
• Clarify and formalize the process for members of the City Council to request that a matter be agendized for a future meeting.
• Modify the rules to state that the Mayor and Mayor Pro Tem shall be selected at the same meeting.
• Update the rules to use gender-neutral terminology.
In addition, during the City Council Strategic Priority Sessions, the City Council provided additional direction to update the rules to ensure that the most important agenda items are discussed first and any other revisions to improve the meeting’s efficiency.
It should be noted that the document is not in redline, as it has been entirely revised to reflect current practices; use plain language, consistent terminology, and gender -neutral terms; improve grammar, punctuation, and sentence structure; and utilize a more logical order to the rules. For instance, the document interchangeably used “Mayor” and “Presiding Officer.” Instead, Staff has attempted to use the word “Presiding Officer” where appropriate, with Section 4.A. noting that the Mayor serves as the Presiding Officer. Also, references to Study Sessions were previously under Section 10. Study Sessions are now listed in Section 2 with the other types of meetings. These are examples of the technical clean-ups that are too numerous to capture in a redline. Other, substantive changes are highlighted below.
Item 5D - 1
City Council Staff Report
February 24, 2022 -- Page 2
City Council Rules of Procedure
Significant Proposed Changes:
1. Section 1E, Notice of Meetings: Added “email” as a means to transmit a Notice of Special Meeting to the City Council and media agencies.
2. Section 1F, Placement of Items on Meeting Agendas: A new section to clarify that 1) the City Manager is responsible for scheduling agenda items for City Council meetings, 2) during agenda development, a Councilmember may request staff agendize an item for a future meeting if supported by a majority of the City Council, and 3) outside of a meeting, and only if there is a need to take immediate action that precludes the use of option 2 above, a Councilmember may sponsor and seek two co-sponsors to add an item to the agenda.
3. Section 2J, Closed Session Procedures: Addition of the following verbiage “ No member of the City Council, employee, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by the City Council, or as otherwise required by law.”
4. Section 3A, Order of Business: To maximize the City Manager’s flexibility to agendize the most critical agenda items first , Staff recommends the following revisions:
a. Combine “City Council, Subcommittee, and City Manager’s Comments and Reports” with “ City Council and City M anager Requests and Upcoming Agenda Development” at the end of the meeting.
b. Combine “Legislative Items,” “Unfinished Business ,” and “ New Business” into a “Business & Legislative Items” category.
5. Section 3E, Roll Call: Staff recommends adding verbiage to dispose of the roll call if all Councilmembers are in attendance and instead allow the City Clerk to note that the record will reflect all members are present.
6. Section 3F, Presentations, Proclamations, and Recognitions: A new section to clarify that it is preferred for the presentation of proclamations and recognitions to occur outside of the City Council meeting, such as the specific event, personal delivery, or via mail. When necessary, individual presentations and recognitions should be limited to five (5) minutes, and S taff should endeavor to schedule no more than 10 minutes of presentations and recognitions at any given meeting.
Item 5D - 2
City Council Staff Report
February 24, 2022 -- Page 3
City Council Rules of Procedure
7. Section 3H, Public Testimony & Public Comment Periods: A new paragraph to formalize the City’s policy that no speaker shall be permitted to show a video, PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced setup or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council instead of dealing with potentially time- consuming setup or technical difficulties and computer virus and phishing threats.
8. Section 5G, Conflict of Interest: This section is amended to note that Councilmembers are subject to the California Political Reform Act, Local Conflict of Interest Code, and Public Integrity Ordinance.
9. Section 5.4.5 of the current rules, Limitations Regarding Public Comment: The text of the Brown Act as well as a past court decision invalidated any prohibition against criticizing the City Council or City staff, and the following verbiage should be deleted. “No oral communication shall be allowed to include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify them. All charges or complaints against employees shall be submitted to the City Manager for appropriate action and may also be submitted to members of the City Council by written communication.”
REVIEWED BY:
City Clerk / ADA Coordinator: Anthony J. Mejia
City Attorney Jeffrey S. Ballinger
City Manager: Justin Clifton
ATTACHMENTS:
1. City Council Minutes of January 23, 2019.
2. Resolution & Draft Revised City Council Rules of Procedure.
3. Current City Council Rules of Procedure.
Item 5D - 3
Wednesday, January 23, 2019
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Moon on Wednesday, January 23, 2019, at 6:00 p.m., in the Council Chamber, City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE:
Mayor Moon led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Lisa Middleton, J.R. Roberts; and Mayor Robert Moon.
Absent:
Mayor Pro Tem Geoff Kors.
City
Staff
Present: David H. Ready, City Manager; Edward Z. Kotkin, City Attorney; Marcus Fuller, Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS:
The City Council expressed condolences to the families of Greg Pettis, Carol Channing, and Kaye Ballard and adjourned tonight’s meeting in their memories.
Brian Nestande, representing the Salton Sea Authority, provided an update on the establishment of the Salton Sea Authority.
Councilmember Roberts and Mayor Moon invited the community to attend the Plaza Theater Community Forum on January 26, 2019, to discuss fundraising opportunities for the restoration of the Theater.
City Manager Ready announced that the Palm Springs International Airport set an all-time record of 2,327,018 passengers served at the airport.
Item 5D - 4
City Council Minutes January 23, 2019
City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:
City Clerk Mejia requested that the City Council add to the agenda consideration of making appointments to the Administrative Appeals Board, noting that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to add consideration of making appointments to the
Administrative Appeals Board.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to remove Consent Calendar Item Nos. 1A, 1G, 1L, 1N, 1P for separate discussion.
REPORT OF CLOSED SESSION:
The Regular and Special Closed Session of the City Council of January 23, 2019, was called to order by Mayor Moon at 4:00 p.m., with all members present and Mayor Pro Tem Kors participating via teleconference.
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
4348 Lockwood Ave LLC et al v. City of Palm Springs
Case No. RIC1703102, Riverside Superior Court, Riverside Division
NDC Equities Downtown PS, LLC v. City of Palm Springs
Case No. PSC 1807579, Superior
Court of the State of California, County of Riverside
Ascensio et al. v. City of Palm Springs
Case No. PSC 1807953, Superior Court of the State of California, County of Riverside
EHOF Canyon View, LLC v. City of Palm Springs
Case No. PSC 1806289, Riverside County Superior Court, Palm Springs Division
Sabordo and Huerto v. City of Palm Springs
Case No. PSC 1602732, Superior Court of the State of California, County of Riverside
Timothy A. Garrett v. City of Palm Springs
Case No. PSC 1702958, Superior Court of the State of California, County of Riverside
Item 5D - 5
City Council Minutes January 23, 2019
City of Palm Springs Page 3
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: Five (5)
CONFERENCE WITH LEGAL COUNSEL –
INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: Four (4)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section 54957(b)(1):
City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8
Property Address/Description: 980 E. Tahquitz Canyon Way, APN 508-056-010 Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Palm Springs Unified School District, Sandra Lyon, Superintendent
Under Negotiation: Price and Terms of Payment (Lease)
Property Address/Description: 3.6 Acres at SE corner of Indian Canyon Drive and San Rafael Road APN 501-031
-028
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Community Housing Opportunities Corporation (CHOC) Under Negotiation: Price and Terms of Payment (Sale)
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
Agency Designated
Representatives: City Manager David Ready and Attorney Peter Brown Employee Organizations: Palm Springs Fire Management Association Palm Springs Police Management Association
Palm Springs Police Officers Association
Service Employees International Union Local
721
City Attorney Kotkin reported that the City Council received briefings and provided direction to staff regarding the agendized Closed Session Items, but did not take any additional reportable action.
PUBLIC TESTIMONY:
Dick Burkett, speaking on Item 1L, urged the City Council to adopt the proposed ordinance.
Item 5D - 6
City Council Minutes January 23, 2019
City of Palm Springs Page 4
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:
Councilmember Middleton reported that she and Councilmember Holstege attended the League of California Cities, Policy Committee meetings.
Councilmember Holstege requested that the Sustainability Commission’s plastic foodware ordinance be presented to the City Council at a future meeting; requested that the CVAG Homelessness Report be agendized for receive and file on February 6, 2019; stated that she will work with Councilmember Middleton and staff to prepare a resolution calling for an end to the federal government shutdown,
for consideration on February 6, 2019;
Mayor Moon announced that he will not seek re-election in November 2019.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0, to approve the Consent Calendar, with the removal of Consent Calendar Item Nos. 1A, 1G, 1L, 1N, and 1P for separate discussion.
A. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF DECEMBER 2018
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
B. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $21,158 AND APPROVE AN INTERLOCAL AGREEMENT WITH
THE CITY OF RIVERSIDE AND OTHER PARTICIPATING CITIES AND
COUNTY FOR THE ADMINISTRATION OF THE GRANT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to:
1. Approve the acceptance of a grant award from the United States Department of Justice in the amount of $21,158 from the 2018 Justice Assistance Grant (JAG) Program.
2. Approve an Interlocal Agreement with the City of Riverside, and various cities within Riverside County, for the City of Riverside to administer the grant on behalf of participating agencies.
3. Authorize the City Manager to execute all necessary documents.
Item 5D - 7
City Council Minutes January 23, 2019
City of Palm Springs Page 5
C. TREASURER’S INVESTMENT REPORT AS OF NOVEMBER 30, 2018
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0, to receive and file the Treasurer’s Investment Report as of November 30, 2018.
D. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $35,000 WITH SANBORN ARCHITECTURAL GROUP, INC.,
FOR ARCHITECTURAL SERVICES RELATED TO THE DOWNTOWN PARK, CP 15-07
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.04.030 “Special expertise procurement,” approve a professional services agreement in the amount of $35,000 with Sanborn Architecture Group, Inc., a California corporation. A7241.
2. Authorize City Manager to execute all necessary documents.
E. APPROVE REQUEST FROM COUNTY OF SANTA CLARA TO SIGN A “FRIEND OF THE COURT” BRIEF TO BE FILED IN THE NINTH CIRCUIT COURT OF APPEALS, IN SUPPORT OF SAN FRANCISCO’S MOTION FOR SUMMARY JUDGMENT IN SAN FRANCISCO V. WHITAKER, A FEDERAL
GOVERNMENT CHALLENGE AGAINST RECENT STATE LAWS RELATED
TO IMMIGRATION POLICY
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to direct the City Attorney to sign a “friend of the court” brief prepared by the County of Santa Clara, to be filed with the Ninth Circuit Court of Appeals in the City and County of San Francisco v. Whitaker case, and to execute any related documents and take any related action necessary.
F. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A CLASS 1 HISTORIC SITE LOCATED AT 1782 SOUTH ARABY DRIVE, HSPB 103/HD-6
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to:
1. Approve a Mills Act Historic Property Agreement with Todd Goddard, Andrew Mandolene and Park Imperial South Homeowners Association for 1782 S Araby Drive, a Class 1 Historic Site, HSPB 103/HD-6. A7242.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
Item 5D - 8
City Council Minutes January 23, 2019
City of Palm Springs Page 6
G. ACCEPTANCE OF THE TAHQUITZ CREEK LEVEE IMPROVEMENTS
PROJECT, CP 08-26
This item was excluded from the Consent Calendar. Please refer to Page 10 of these minutes for a summary of that action.
H. ACCEPTANCE OF THE DUNN ROAD PROPERTY RESTORATION PROJECT FOR
ASSESSOR’S PARCEL NO. 635-060-011, CP 17-04
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to:
1. Accept the public works improvement identified for Dunn Road Property Restoration Project as completed in accordance with the plans and specifications, CP 17-04.
2. Authorize the Civil Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Dunn Road Property Restoration Project.
I. ACCEPTANCE OF THE 2017 SLURRY SEAL PROJECT,
CP 17-02
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to:
1. Accept the public works improvement identified for 2017 Slurry Seal Project as completed in accordance with the plans and specifications, CP 17-02.
2. Authorize the Civil Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the 2017 Slurry Seal Project.
J.
APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID THE 2019 ADA CURB RAMP IMPROVEMENTS PROJECT, CP 19-03
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to approve the plans, specifications and estimate and authorize staff to advertise and solicit bids for the 2019 ADA Curb Ramp Improvements Project, CP 19-03
.
K. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to:
1. Adopt Resolution No. 24546 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102399 THROUGH 1102508 IN THE AGGREGATE AMOUNT OF $1,422,667.35, DRAWN ON BANK OF AMERICA.”
(City Council action continued on next page)
Item 5D - 9
City Council Minutes January 23, 2019
City of Palm Springs Page 7
2. Adopt Resolution No. 24557 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11-03-2018 BY WARRANTS NUMBERED 420508 THROUGH 420520 TOTALING $15,545.74, LIABILITY CHECKS NUMBERED 1102509 THROUGH 1102527 TOTALING $79,340.35, FOUR WIRE TRANSFERS FOR $60,926.21, AND SIX ELECTRONIC ACH DEBITS OF $1,480,283.59 IN THE AGGREGATE AMOUNT OF $1,636,095.89, DRAWN ON BANK OF AMERICA.”
3. Adopt Resolution No. 24548 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102528 THROUGH 1102673 IN THE AGGREGATE AMOUNT OF $943,830.40, DRAWN ON BANK OF AMERICA."
4. Adopt Resolution No. 24549 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102674 THROUGH 1102816 IN THE AGGREGATE AMOUNT OF $1,535,420.83, DRAWN ON BANK OF AMERICA."
5. Adopt Resolution No. 24550 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 11-17-2018 BY WARRANTS NUMBERED 420521,420522, 420524 THROUGH 420535 TOTALING $23,360.14, LIABILITY CHECKS NUMBERED 1102817 THROUGH 1102835 TOTALING $78,450.93, FOUR WIRE TRANSFERS FOR $61,880.38, AND SEVEN ELECTRONIC ACH DEBITS OF $1,521,981.14 IN THE AGGREGATE AMOUNT OF $1,685,672.59, DRAWN ON BANK OF AMERICA."
6. Adopt Resolution No. 24551 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102836 THROUGH 1102962 IN THE AGGREGATE AMOUNT OF $3,149,861.08, DRAWN ON BANK OF AMERICA."
7. Adopt Resolution No. 24552 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102963 THROUGH 1103088 IN THE AGGREGATE AMOUNT OF $1,958,255.30, DRAWN ON BANK OF AMERICA."
Item 5D - 10
City Council Minutes January 23, 2019
City of Palm Springs Page 8
L. SECOND READING AND ADOPTION OF ORDINANCE NO. 1970 AMENDING CHAPTER 8.05 OF THE PALM SPRINGS MUNICIPAL CODE RELATIVE TO
PROCEDURES FOR ALTERATION AND DEMOLITION OF HISTORIC
BUILDINGS AND STRUCTURES, AND GENERAL REVISIONS TO HISTORIC
PRESERVATION STANDARDS, CASE
5.1454
This item was excluded from the Consent Calendar. Please refer to Page 10 of these minutes for a summary of that action.
M. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to approve the City Council Meeting Minutes of
March 21, 2018.
N. SECOND READING AND ADOPTION OF ORDINANCE NO. 1973 AMENDING SECTION 94.08.10 OF THE PALM SPRINGS ZONING CODE, PROVIDING FOR
A FIRST AMENDMENT TO THE VIRGIN HOTEL DEVELOPMENT
AGREEMENT WITH DTPS B-3, LLC, REVISING THE PERFORMANCE
SCHEDULE FOR CONSTRUCTION PROPOSED ON BLOCK B-1 OF THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN, LOCATED AT THE
NORTHEAST CORNER OF MUSEUM WAY AND BELARDO ROAD, ZONE
CBD, SECTION 15, AND MAKING ADDITIONAL REVISIONS, CASE 5.1427 DA
AMENDMENT
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
O. SECOND READING AND ADOPTION OF ORDINANCE NO. 1974, AMENDING
THE PALM SPRINGS ZONING CODE TO ESTABLISH DEFINITIONS AND
STANDARDS FOR TRANSITIONAL AND SUPPORTIVE HOUSING, CASE
5.1460 ZTA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to adopt Ordinance No. 1974 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING SECTION 93.23.19 OF THE PALM SPRINGS ZONING CODE RELATING TO TRANSITIONAL AND SUPPORTIVE HOUSING, CASE 5.1460 ZTA.”
P. SECOND READING AND ADOPTION OF ORDINANCE NO. 1975, AMENDING
THE PALM SPRINGS ZONING CODE TO ESTABLISH PROCEDURES
RELATING TO REASONABLE ACCOMMODATIONS, CASE 5.1459 ZTA
This item was excluded from the Consent Calendar. Please refer to Page 11 of these minutes for a summary of that action.
Item 5D - 11
City Council Minutes January 23, 2019
City of Palm Springs Page 9
Q. SECOND READING AND ADOPTION OF ORDINANCE NO. 1976 ADOPTING SECTION 93.23.17 OF THE PALM SPRINGS ZONING CODE RELATING TO DENSITY BONUSES FOR AFFORDABLE HOUSING, CASE 5.1458 ZTA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to adopt Ordinance No. 1976 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING SECTION 93.23.17 OF THE PALM SPRINGS ZONING CODE RELATING TO
DENSITY BONUSES FOR AFFORDABLE HOUSING, CASE
5.1458 ZTA.”
R. APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO.
A7222 WITH METRO VIDEO SYSTEMS, INC., IN THE AMOUNT OF $103,991.17
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to:
1. Approve Amendment No. 1 to Contract Services Agreement No. A7222 with Metro Video Systems, Inc., a California corporation, in the amount of $103,991.17.
2. Authorize the City Manager to execute all necessary documents.
S. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT NOT TO EXCEED OF $362,02
6 WITH WSP USA, INC., FOR DESIGN AND TSA COORDINATION
SERVICES ASSOCIATED WITH THE PALM SPRINGS INTERNATIONAL
AIRPORT TERMINAL PASSENGER SCREENING AREA EXPANSION
PROJECT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to:
1. Authorize a Purchase Order in the amount not to exceed of $362,026 with the City’s “on- call” professional aviation consulting services firm, WSP USA, Inc., pursuant to Agreement No. A7149, for internal renovation design and TSA equipment reconfiguration at the Palm Springs International Airport passenger checkpoint.
2. Authorize the City Manager to execute all necessary documents.
T. CONSIDER AN AMENDMENT TO THE CITY’S SEWER BILLING POLICES
AND PROCEDURES TO ALLOW FOR SUSPENSION OF SEWER SERVICE
CHARGES FOR PROPERTIES DETERMINED UNINHABITABLE BY THE
BUILDING OFFICIAL
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4
-0, to adopt Resolution No. 24553 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2 OF RESOLUTION NO. 11123, TO ALLOW FOR
SUSPENSION OF SEWER SERVICE CHARGES FOR CERTAIN PROPERTIES RENDERED UNINHABITABLE.”
Item 5D - 12
City Council Minutes January 23, 2019
City of Palm Springs Page 10
EXCLUDED CONSENT CALENDAR:
A. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF DECEMBER 2018
Following clarification, MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of December 1 through December 31, 2018
G. ACCEPTANCE OF THE TAHQUITZ CREEK LEVEE IMPROVEMENTS
PROJECT, CP 08-26
Councilmember Middleton urged staff to be cautious when working in bird and wildlife habitats.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE CARRIED 4-0, to:
1. Accept the public works improvement identified for Tahquitz Creek Levee Improvements Project as completed in accordance with the plans and specifications, CP 08-26.
2. Authorize the Civil Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Tahquitz Creek Levee Improvements Project.
L. SECOND READING AND ADOPTION OF ORDINANCE NO. 1970 AMENDING CHAPTER 8.05 OF THE PALM SPRINGS MUNICIPAL CODE RELATIVE TO
PROCEDURES FOR ALTERATION AND DEMOLITION OF HISTORIC
BUILDINGS AND STRUCTURES, AND GENERAL REVISIONS TO HISTORIC PRESERVATION STANDARDS, CASE 5.1454
In response to City Council inquiry, Director Fagg confirmed that the benchmark year for Class 4 structures is 1978.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to adopt Ordinance No. 1970 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.05 OF THE PALM SPRINGS MUNICIPAL CODE RELATIVE TO
PROCEDURES FOR ALTERATION AND DEMOLITION OF HISTORIC BUILDINGS
AND STRUCTURES, AND GENERAL REVISIONS TO HISTORIC PRESERVATION STANDARDS, CASE 5.1454.”
Item 5D - 13
City Council Minutes January 23, 2019
City of Palm Springs Page 11
N. SECOND READING AND ADOPTION OF ORDINANCE NO. 1973 AMENDING SECTION 94.08.10 OF THE PALM SPRINGS ZONING CODE, PROVIDING FOR
A FIRST AMENDMENT TO THE VIRGIN HOTEL DEVELOPMENT
AGREEMENT WITH DTPS B-3, LLC, REVISING THE PERFORMANCE
SCHEDULE FOR CONSTRUCTION PROPOSED ON BLOCK B-1 OF THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN, LOCATED AT THE
NORTHEAST CORNER OF MUSEUM WAY AND BELARDO ROAD, ZONE
CBD, SECTION 15, AND MAKING ADDITIONAL REVISIONS, CASE 5.1427 DA
AMENDMENT
In response to City Council inquiry, City Attorney Kotkin advised that staff will seek confirmation that project financing is in place and will ensure that the safe harbor verbiage related to prevailing wage is included in the amended Development Agreement.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to adopt Ordinance No. 1973 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.10 OF THE PALM SPRINGS ZONING CODE, PROVIDING FOR A
FIRST AMENDMENT TO THE VIRGIN HOTEL DEVELOPMENT AGREEMENT WITH DTPS B-3, LLC, REVISING THE PERFORMANCE SCHEDULE FOR CONSTRUCTION PROPOSED ON BLOCK B-1 OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN,
LOCATED AT THE NORTHEAST CORNER OF MUSEUM WAY AND BELARDO ROAD, ZONE CBD, SECTION 15, AND MAKING ADDITIONAL REVISIONS, CASE
5.1427 DA AMENDMENT."
P. SECOND READING AND ADOPTION OF ORDINANCE NO. 1975, AMENDING
THE PALM SPRINGS ZONING CODE TO ESTABLISH PROCEDURES
RELATING TO REASONABLE ACCOMMODATIONS, CASE 5.1459 ZTA
In response to City Council inquiry, Director Fagg confirmed that all changes as recommended by the Inland Counties Legal Services have been incorporated into the final ordinance.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER ROBERTS, CARRIED 4-0, to adopt Ordinance No. 1975 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING SECTION 93.23.18 OF THE PALM SPRINGS ZONING CODE RELATING TO REASONABLE ACCOMMODATIONS, CASE 5.1459 ZTA.”
2. PUBLIC HEARINGS: None.
Item 5D - 14
City Council Minutes January 23, 2019
City of Palm Springs Page 12
3. LEGISLATIVE:
A. RE-INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 5.26 OF
THE PALM SPRINGS MUNICIPAL CODE, RE-ESTABLISHING THE HOTEL
OPERATIONS INCENTIVE PROGRAM
Director of Community and Economic Development Virata presented the staff report.
In response to City Council inquiry, Director Virata confirmed that utilization of the incentive program will require payment of prevailing wage.
During the course of discussion, the City Council agreed that the incentive program should be limited to facilities, fixtures, and equipment (FF&E), noting that any improvements should benefit hotels located in Palm Springs; directed that the verbiage prohibiting project phasing be replaced with verbiage stating the project must be completed within twelve months.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to introduce Ordinance No. 1972 "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, RE-ESTABLISHING THE HOTEL OPERATIONS INCENTIVE PROGRAM."
4. UNFINISHED BUSINESS:
A. CONSIDER A RESOLUTION ADOPTING A CODE OF CONDUCT FOR
ELECTED OFFICIALS
Councilmember Middleton presented the City Council Subcommittee Report.
Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to adopt Resolution No. 24554 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A CODE OF CONDUCT FOR ELECTED OFFICIALS," with the following direction:
Modify Section 1.1 to read as follows, “Councilmembers shall not direct, order or make demands on any City employee, other than inquiries that can be answered routinely and without with minimal research and support requested in accordance with a protocol established by the City Manager…”
Add verbiage to clarify that members of City Council may direct work priorities for employees assigned to support the City Council.
Modify Section 2.2 to read as follows “ When making written and verbal public utterances communications, Councilmembers shall make it clear whether they are authorized to speak in an official capacity on behalf of the body of which they are a member, or whether they are presenting their own views.” All public requests for appearances and policy considerations are to be forwarded to the City Manager and/or provided to all Councilmembers. Individual Councilmember stationary is to be ordered.
Item 5D - 15
City Council Minutes January 23, 2019
City of Palm Springs Page 13
5. NEW BUSINESS:
A. DISCUSSION OF REVISED CITY COUNCIL RULES OF PROCEDURE
Councilmember Roberts presented the City Council Subcommittee Report.
In response to City Council inquiry, City Manager Ready advised that he will work with the Subcommittee to refine verbiage related to members of City Council requesting that matters be agendized.
Councilmember Holstege opined that public comment on non-agenda items should be considered earlier in the meeting agenda. Councilmember Roberts voiced opposition, pointing out that public comment on non-agenda items at the beginning of the meeting previously resulted in applicants and members of the public desiring to speak on agenda items waiting prolonged periods.
Following discussion, the City Council provided the following direction:
Clarify and formalize the process for members of the City Council to request that a matter be agendized.
Modify Section 3.1 to state that the Mayor Pro Tem shall be selected at the same meeting as the Mayor.
Update the City Council Rules of Procedure to have gender neutral language.
B. CONSIDERATION OF CHANGING GENERAL MUNICIPAL ELECTIONS
FROM NOVEMBER OF ODD-NUMBERED YEARS TO EVEN-NUMBERED
YEARS
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0, to table this item to the City Council meeting of February 6, 2019.
C. APPROVAL OF PRE-QUALIFIED CONTRACTORS AND AUTHORIZATION
TO PROCEED WITH BIDDING THE PALM SPRINGS INTERNATIONAL
AIRPORT TICKETING HALL EXPANSION, FAA AIP GRANT NO. 3-06 -0181-
054-2016, IFB 19-03
Assistant City Manager Fuller presented the staff report and responded to City Council inquiries.
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City of Palm Springs Page 14
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to:
1. In accordance with Section 7.03.090 of the Palm Springs Municipal Code approve the list of pre-qualified general contractors for the Palm Springs International Airport Ticketing Hall Expansion, FAA AIP Grant No. 3-06-0181-054-2016, Invitation for Bids No. 19-03, pursuant to the requirements specified in the City’s Statement of Qualifications 02-19, to include: (a) McCarthy Building Companies, Inc., a Missouri corporation; Newport Beach, CA (b) Q&D Construction, LLC, a Nevada limited liability company; Sparks, NV (c) Swinerton Builders, a California corporation; Los Angeles, CA (d) Walsh Construction Company II, LLC, an Illinois limited liability company; Chicago, IL
2. Pursuant to the mandatory requirements specified in the City’s Statement of Qualifications 02-19, determine that The Weitz Company, LLC, an Iowa limited liability company, is not qualified to submit a bid for the Palm Springs International Airport Ticketing Hall Expansion, FAA AIP Grant No. 3-06-0181-054-2016, IFB 19-03.
3. Approve the plans, specifications, and working details for the Palm Springs International Airport Ticketing Hall Expansion, FAA AIP Grant No. 3-06-0181-054-2016, IFB 19-03, and authorize staff to solicit bids from the four pre-qualified contractors.
D. PRESENTATION OF THE 2018 PAVEMENT MANAGEMENT PROGRAM
Assistant City Manager Fuller presented the staff report and responded to City Council inquiries.
During the course of discussion, the City Council agreed that street improvements should be based on a “worst -first” concept with major arterial and secondary arterial roadways being prioritized over collector and local residential streets; expressed support for grouping streets with the same Pavement Condition Index (PCI) score for future projects.
E. REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL
SUBCOMMITTEES, CITY REPRESENTATIVES TO PROJECTS, LIAISONS TO
CITY COMMISSIONS AND BOARDS, AND REPRESENTATIVES TO
EXTERNAL
ORGANIZATIONS
MOTION BY COUNCILMEMBER HOLSTEGE SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0, to table this item to the City Council meeting of February 6, 2019.
F. APPOINTMENTS TO THE ADMINISTRATIVE APPEALS BOARD
City Clerk Mejia presented the staff report.
The City Council directed that consideration of amending the code to allow for two alternates and discussion of transitioning to Hearing Officers be agendized for February 6, 2019.
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City of Palm Springs Page 15
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4-0, to:
1. Appoint Stephen Moses to the Administrative Appeals Board for the term ending June 30, 2019.
2. Appoint Jocelyn Kane to the Administrative Appeals Board for the term ending June 30, 2021.
3. Appoint Wayne Sinclair to the Administrative Appeals Board for the term ending June 30, 2021.
PUBLIC COMMENT:
Allen Worthy, urged the City Council to settle his claim against the City.
Edward Holzhauer, urged the City Council to declare Palm Springs as a Sanctuary City.
Yasmin Espinoza, urged the City Council to declare Palm Springs as a Sanctuary City.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:
Councilmember Holstege requested that consideration of a resolution declari ng Palm Springs as a
Sanctuary City be agendized for the meeting of February 6, 2019.
ADJOURNMENT:
The City Council adjourned at 9:02 p.m. in the memories of Greg Pettis, Carol Channing, and Kaye Ballard.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 06/05/2019
Item 5D - 18
PALM SPRINGS CITY COUNCIL
RULES OF PROCEDURE
Adopted by Resolution No. XXXXX
TABLE OF CONTENTS
1. PURPOSE, EFFECT, & AUTHORITY ................................................................................. 4
2. MEETINGS ......................................................................................................................... 4 A. Regular Meetings ............................................................................................................ 4 B. Adjourned Meetings......................................................................................................... 4 C. Special Meetings ............................................................................................................. 4 D. Study Sessions ................................................................................................................ 4 E. Notice of Meetings ........................................................................................................... 5 F. Placement of Items on Meeting Agendas ........................................................................ 5 G. Quorum ........................................................................................................................... 5 H. Legally Required Participation ......................................................................................... 5 I. Meetings To Be Public ..................................................................................................... 6 1) Personnel Matters ........................................................................................................ 6 2) Litigation Matters ......................................................................................................... 6 3) Threat To Public Buildings, Services, & Facilities ......................................................... 6 4) Negotiations For Real Property .................................................................................... 6 5) Employee Benefits ....................................................................................................... 7 J. C losed Session Procedures ............................................................................................ 7
3. ORDER OF BUSINESS ...................................................................................................... 8 A. Order of Business ............................................................................................................ 8 B. A
genda Description ......................................................................................................... 8 C. No Action on Matters Not on The Agenda: Exceptions .................................................... 9 D. Delivery of Agenda .......................................................................................................... 9 E. Roll Call ........................................................................................................................... 9 F. Presentations, Proclamations, & Recognitions ................................................................ 9 G. Approval of Minutes ......................................................................................................... 9 H. Public Testimony & Public Comment Periods ................................................................. 10 I. Consent Calendar ..........................................................................................................10 Item 5D - 19
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J. Public Hearings ..............................................................................................................10 K. Tentatively Scheduled Adjournment Time ......................................................................11
4. PRESIDING OFFICER .......................................................................................................12 A. Presiding Officer .............................................................................................................12 B. Call to Order ...................................................................................................................12 C. Participation of Presiding Officer.....................................................................................12 D. Questions To Be Stated ................................................................................................. 12 E. Signing of Documents ....................................................................................................12
5. RULES, DECORUM, AND ORDER ...................................................................................13 A. Points of Order ...............................................................................................................13 B. Decorum & Order - Councilmembers ..............................................................................13 C. Decorum & Order - Employees .......................................................................................13 D. Decorum & Order - Public ..............................................................................................14 E. Enforcement of Decorum ................................................................................................14 F. Personal Privilege ..........................................................................................................14 G. Conflict of Interest ..........................................................................................................15 H. Limitation of Debate........................................................................................................15 I. Dissents & Protests ........................................................................................................15 J. Rulings of Chair Final Unless Overruled .........................................................................15
6. ADDRESSING THE CITY COUNCIL .................................................................................16 A. M anner of Addressing The City Council..........................................................................16 B. Time Limitation ...............................................................................................................16 C. Limitations Regarding Public Comments ........................................................................16 D. Addressing The City Council After Motion Is Made .........................................................16 E. Written Correspondence ................................................................................................. 17 F. Persons Authorized To Be Within Platform .....................................................................17
7. MOTIONS ..........................................................................................................................18
A. Processing of Motions ....................................................................................................18 B. Motions Out of Order ......................................................................................................18 C. Division of Question........................................................................................................18 D. Precedence of Motions ...................................................................................................18 E. Motion To Adjourn (Not Debatable) ................................................................................18 F. Motion To Fix Hour of Adjournment ................................................................................18 Item 5D - 20
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G. Motion To Table .............................................................................................................19 H. Motion To Terminate Discussion or Call The Question ...................................................19 I. Motion To Amend ...........................................................................................................19 J. Motion To Continue ........................................................................................................19
8. VOTING PROCEDURE .....................................................................................................20 A. Voting Procedure ............................................................................................................20 B. Vote Required ................................................................................................................20 C. Roll Call Voting ...............................................................................................................20 D. Failure To Vote ...............................................................................................................20 E. Reconsideration .............................................................................................................21 F. Motion To Rescind .........................................................................................................21 G. Tie Votes ........................................................................................................................21
9. RESOLUTIONS .................................................................................................................22 A. Definitions ......................................................................................................................22 B. Resolutions Prepared in Advance...................................................................................22 C. Resolutions Not Prepared in Advance ............................................................................22 D. Urgency Resolutions ......................................................................................................22
10. ORDINANCES ...............................................................................................................23 A. Introduction And Adoption of Ordinances .......................................................................23 B. Effective Date .................................................................................................................23 C. P ublication ......................................................................................................................23 D. Urgency Ordinances .......................................................................................................23
11. STANDING COMMITTEES ............................................................................................ 24 A. Finance Committee ........................................................................................................24
Item 5D - 21
City Council Rules of Procedure Resolution No. XXXXX
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1. PURPOSE, EFFECT, & AUTHORITY
In the absence of a rule herein to govern a point or procedure or the making of a motion, Robert’s Rules of Order, Newly Revised, shall be used as a guide. The purpose and intent of adopting the within rules are to provide directory guidelines relating to the conduct of the public business by the City Council. I n the event of any non -compliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken unless otherwise provided by law. These rules are intended to be consistent with State law; however, in the event of any inconsistency , State law shall prevail. In the event of any inconsistency between these rules and Robert ’s Rules of Order, these rules shall control. The Presiding Officer shall determine the scope and effect of these rules in conformity with Section 5.J.
2. MEETINGS
A. Regular Meetings
The City Council of Palm Springs shall hold regular meetings in the Council Chamber located at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California, on the first and third Thursday of each month at 5:30 p.m. (or as amended by the City Council by Ordinance or Resolution). When the regular meeting falls on a legal holiday, the meeting shall be held on the following day. (Gov. Code § 54954) B. Adjourned Meetings
Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.
C. Special Meetings
Special meetings may be called by the Mayor, or a majority of the City Council, on 24-hour notice. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted. (Gov. Code § 54956) D. Study Sessions
Study sessions are held for the following purposes:
• Review the agenda for the upcoming City Council meeting; • Discuss matters to determine whether they should be on a future City Council agenda; • Discuss matters preparatory to placing them on a future City Council agenda so that staff will know what information the City Council wishes analyzed or included in the staff report;
• Decide matters of an emergency nature which cannot be held to a future City Council meeting;
• Meeting and conferring with City commissions, civic organizations, and City officials relative to pending City business; and
Item 5D - 22
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• Conducting minor cleanup, administrative, housekeeping, and ministerial activities of limited consequence such as responding to correspondence, arranging for substitute attendance of Councilmembers and staff at meetings, arranging to meet with boards, commissions, and others, and similar matters.
Typically, no action will be taken on study session topics. If any action is taken, the matter shall be placed on the consent calendar at the next available City Council agenda for ratification.
E. Notice of Meetings
The agenda for all regular, adjourned, and special meetings shall be available to the general public, and the City Clerk shall cause a copy thereof to be posted at least 72 hours before a regular or adjourned meeting or 24 hours before a special meeting on the bulletin board outside of the Council Chamber. Email, mail, or personally delivered notice to each member of the City Council and to each local newspaper of general circulation, radio, or television station requesting notice in writing, is required of special meetings. A notice of adjournment shall be posted within 24 hours of any adjourned meeting. (Government Code § 54955-54956)
F. Placement of Items on Meeting Agendas
1) The City Manager shall be responsible for scheduling agenda items for City Council meetings.
2) A Councilmember may request staff agendize an item for a future City Council meeting during the “ City Council and City Manager Requests and Upcoming Agenda Development” portion of the agenda by a majority vote of the City Council. 3) I ndividual members of the City Council must sponsor and seek two co-sponsor to add an item to the agenda if it is demonstrated there is a need to take immediate action sooner than can be accommodated under Section 2.F.2.
G. Quorum
A majority of the City Council shall be sufficient to do business, and motions may generally be passed by two (2) to one (1) if only three (3) members are present. Certain items as specified in Section 8.B., however, require three or four affirmative votes to carry.
H. Legally Required Participation
If a majority of the City Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the City Council shall select by lot or other means of random selection, or by such other impartial and equitable means as determined by the City Council, that number of its disqualified members which, when added to the Councilmembers eligible to vote, shall constitute a quorum. (Gov. Code § 87101) Item 5D - 23
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I. Meetings To Be Public
Study Session and all regular, adjourned, or special meetings of the City Council shall be open to the public . However, the City Council may hold closed sessions from which the public may be excluded for the consideration of those subjects specified in the Brown Act, principally including, but not limited to:
1) Personnel Matters
To consider the appointment, employment, evaluation of performance, or dismissal of a public employee, or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing. The term “employee” does not include those elected to office or appointed to an office by a legislative body, except that positions such as City Manager, City Attorney, department head, or other similar administrative officers shall be considered employees. The City Council may exclude from any such closed session during the examination of a witness any or all other witnesses in the matter being investigated. (Gov. Code § 54957)
2) Litigation Matters
On the advice of legal counsel to discuss litigation when discussion in open session would prejudice the City ’s position. Litigation is considered pending when a formal action is initiated or when legal counsel believes there is significant exposure to litigation. A closed session may be held to determine whether there is significant exposure to litigation or when the City wishes to initiate litigation. (Gov. Code § 54956.9)
Legal counsel must submit to the City Council a memorandum stating the specific reasons and legal authority for the closed session. If action has been filed, the memorandum must include the title of the litigation. In all other cases, the memorandum must include existing facts and circumstances on which the pending litigation is based. The memorandum should be submitted prior to the closed session if feasible, but otherwise no later than one week after the closed session. The memorandum is not a public record. (Gov. Code § 54956.9) 3) Threat To Public Buildings, Services, & Facilities
With law enforcement officials on matters posing a threat to the security of public buildings or a threat to the public’s right to access to public services or public facilities.
However, closed sessions may not be used to discuss normal and usual police business. (Gov. Code § 54957)
4) Negotiations For Real Property
With any negotiator , the City Council has employed to purchase, sell, exchange, or lease real property. But prior to the closed session, the legislative body must, in open session or by agenda posting, identify the real property about which the negotiations are concerned and the person or persons with whom the negotiator may negotiate. (Gov. Code § 54956.8)
Item 5D - 24
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5) Employee Benefits
With the local agency ’s designated representatives (e.g., labor negotiator) regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, or to instruct the representative. (Gov.
Code § 54957.6)
J. Closed Session Procedures
Prior to or after holding any closed session, the City Council must state in open session the general reason or reasons for holding the closed session and may cite the statutory authority or other legal authority under which the session is being held. In the closed session, the City Council may consider only those matters covered in its statement. In the case of special, adjourned, and continued meetings, the statement shall be made as part of the notice provided for the meeting. (Gov. Code § 54957.7) In the case of a closed session regarding the appointment, employment, or dismissal of a public employee, after any closed session, the City Council must publicly report at that same public meeting or the next public meeting the action it has taken and any roll call vote thereon. (Gov. Code § 54957.1)
No member of the City Council, employee, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by the City Council, or as otherwise required by law.
Item 5D - 25
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3. ORDER OF BUSINESS
A. Order of Business
The Order of Business of each meeting shall be as contained in the agenda prepared by the City Clerk, under the general direction of the City Manager. The agenda shall be a list containing a brief general description of each item of business to be transacted or discussed at the meeting in the following order:
• Call to Order
• Pledge of Allegiance
• Roll Call
• Presentations
• Acceptance of the Agenda
• Report of Closed Session
• Public Testimony
• Consent Calendar
• Excluded Consent Calendar
• Public Hearings
• Business & Legislative Items
• Public Comment (Non-Agenda Topics)
• City Council and City Manager Comments, Reports, & Agenda Development • Adjournment
Items may not be taken out of order, except with the majority consent of the City Council.
The City Clerk, under the general direction of the City Manager, shall place other agency business ( Successor Agency, Housing Authority, etc.) in any manner for the efficient conduct of the meeting.
B. Agenda Description
The agenda must include a brief general description sufficient to inform the public of the subject matter and nature of the proposed action for each item of business to be transacted or discussed at the meeting.
Item 5D - 26
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C. No Action on Matters Not on The Agenda: Exceptions
No action shall be taken on any item not appearing on the posted agenda except in the following circumstances (Gov. Code § 54954):
1) Upon a determination by a majority of the City Council that an emergency situation exists, as defined in Government Code Section 54956.5;
2) Upon a determination by a two-thirds vote of the City Council, or, if less than two-thirds of the Councilmembers present, a unanimous vote of those Councilmembers present, that the need to act arose after the posting of the agenda and there is a need to take immediate action; or
3) The item appeared on a posted agenda for a previous City Council meeting occurring not more than five calendar days previously , and at the prior meeting, the item was continued to the current meeting.
The facts to support the determinations in exception 1) or 2) above shall be stated in the staff report, a supplemental staff report, or the meeting minutes at which the action was taken.
D. Delivery of Agenda
Barring insurmountable difficulties, the agenda packet shall ordinarily be delivered to Councilmembers each Friday preceding the Thursday meeting to which it pertains.
E. Roll Call
Before proceeding with the business of the City Council, the City Clerk shall call the roll of the Councilmembers, and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Presiding Officer called last . If all Councilmembers are present, the City Clerk may indicate that the record will reflect that all members are present.
F. Presentations, Proclamations, & Recognitions
Presentation of proclamations and recognitions should occur outside the City Council meeting, such as a specified event, via mail or personal delivery. When nec essary, individual presentations, proclamations, and recognitions should be limited to no more than five (5) minutes. Staff should endeavor to schedule presentations and recognitions so that the total time for those items is no more than ten (10) minutes. Longer presentations may be included in the Presentations portion of the agenda at the discretion of the City Manager when the City Manager determines that a longer presentation will not unduly delay the consideration of scheduled Public Hearings or business items.
G. Approval of Minutes
Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the City Clerk has furnished each Councilmember with a copy thereof.
Item 5D - 27
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H. Public Testimony & Public Comment Periods
During the p ublic testimony portion of the meeting, any person may address the City Council on non-public hearing agenda items. During the public comment portion of the meeting, any person may address the City Council on items of general interest within the subject matter jurisdiction of the City. Two (2) minutes will be assigned to each speaker. (Gov. Code § 54954.3)
During public testimony/comment periods and irrespective of the subject or viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced setup or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council instead of dealing with potentially time- consuming setup or technical difficulties and computer virus and phishing threats.
I. Consent Calendar
Routine and non -controversial items shall be placed on the consent calendar. All items may be approved by one motion upon unanimous consent. Under the “Acceptance of the Agenda” portion of the meeting, any Councilmember may request that any item be removed from the consent calendar for separate consideration. However, any Councilmember may abstain or vote “no” from voting on any consent calendar item without requesting its removal from the consent calendar. The City Clerk shall be instructed to record such abstentions or “no” votes in the minutes.
J. Public Hearings
Generally, public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order:
• Staff Report
• Initial Questions and Clarifications by the City Council • Public Hearing Opened:
o Applicant (5-minute time limit)
o Appellant (if different than the Applicant) (5-minute time limit) o Public Testimony (2-minute time limit)
o Applicant Rebuttal (2-minute time limit)
o Appellant Rebuttal (2-minute time limit)
• Questions and Discussion by the City Council
• Action by the City Council
The public’s questions or comments shall be limited to the subject under consideration.
Councilmember questions of the staff before the opening of the public hearing and the public before the close of the public hearing should be factual and seek pertinent information. Councilmember questions and comments should not be argumentative, and Councilmembers should not get into debates with staff or those members of the public testifying at a public hearing. Councilmembers should not express their opinions on an Item 5D - 28
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item before the close of the public hearing, as Councilmembers should not form or express an opinion until after all testimony has been received.
Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Presiding Officer may limit testimony at the beginning of the hearing, but in no event less than two (2) minutes per individual. Any person may speak for a longer period, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group. (Gov. Code § 54954.3) Quasi-judicial hearings shall be conducted following the principles of due process, and the City Attorney shall advise the City Council in this regard.
K. Tentatively Scheduled Adjournment Time
The tentatively scheduled adjournment time for all regular meetings shall be 10:00 p.m.
The City Council may continue the meeting past 10:00 p.m., by a majority vote of the City Council.
Item 5D - 29
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4. PRESIDING OFFICER
A. Presiding Officer
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the City Council shall elect a temporary P residing Officer to serve until the arrival of the Mayor or Mayor Pro Tem or until adjournment.
Pursuant to Palm Springs City Charter Section 302, at the first regular City C ouncil meeting following a general municipal election, in which newly elected C ouncilmembers are sworn and seated, and at the first regular City Council meeting following the anniversary of that date for any year in which no general municipal election is held, the City Council shall designate one of its members as Mayor and Mayor Pro Tem, who shall serve in such c apacity at the pleasure of the City Council. The M ayor Pro Tem s hall perform the duties of the Mayor during any period of the Mayor’s absence or disability.
B. Call to Order
The meeting of the City Council shall be called to order by the Presiding Officer . In the absence of the Presiding Officer, the meeting shall be called to order by the City Clerk, after which the City Clerk shall immediately call for the selection of a temporary Presiding Officer.
C. Participation of Presiding Officer
The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and shall not be deprived of any of the rights and privileges of a Councilmember by reason of acting as Presiding Officer.
D. Questions To Be Stated
The Presiding Officer shall verbally restate each question immediately before calling for the vote. Following the vote, the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer shall also publicly state the effect of the vote for the audience’s benefit before proceeding to the next item of business.
E. Signing of Documents
The Mayor, or Mayor Pro Tem in the absence of the Mayor, shall have authority to sign all ordinances, resolutions, contracts, deeds, easements, licenses, covenants, and other documents on behalf of the City, but such authority may be delegated to the City Manager as provided in Section 2.08.020 of the Palm Springs Municipal Code, and Resolution No. 20271, as they may be amended from time to time.
The City Clerk, or the Deputy City Clerk in the absence of the City Clerk, shall attest to the signature of the Mayor, Mayor Pro Tem, or City Manager.
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5. RULES, DECORUM, AND ORDER
A. Points of Order
The Presiding Officer shall determine all p oints of o rder subject to the right of any Councilmember to appeal to the City Council. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” in which event a majority vote shall govern and conclusively determine such question of order.
The Presiding Officer is responsible for maintaining order and decorum at all times. No person can speak who has not first been recognized by the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer.
B. Decorum & Order - Councilmembers
1) Any Councilmember desiring to speak shall address the Presiding Officer and, upon recognition, shall confine themselves to the question under debate. 2) A Councilmember desiring to question staff shall address the City Manager or City Attorney, who shall be entitled to answer the inquiry them self or designate their staff for that purpose.
3) A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless another Councilmember raises a Point of Ord er, or unless the speaker chooses to yield to questions from another Councilmember.
4) Any Councilmember called to order while speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, they shall be permitted to proceed. If ruled to be not in order, they shall remain silent or alter their remarks to comply with the rules of the City Council.
5) Councilmembers shall accord the utmost courtesy to each other, staff, and the public and shall refrain at all times from rude and derogatory remarks or reflections as to the integrity, motives, or personalities of others.
6) Any Councilmember may move to require the Presiding Officer to enforce the rules , and the affirmative vote of a majority of the City Council shall require the Presiding Officer to act so.
C. Decorum & Order - Employees
Members of the administrative staff and employees shall observe the same rules of procedure and decorum applicable to members of the City Council. The City Manager shall ensure that all City employees observe such decorum. Any staff member, including the City Manager, desiring to address the City Council shall first be recognized by the Presiding Officer . All remarks shall be addressed to the Presiding Officer and not to individual Councilmembers or the public.
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D. Decorum & Order - Public
Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. Any person wishing to address the City Council shall, before speaking, announce their name and their city of residence, but such information need not be disclosed if to do so would violate the privacy interests of the speaker. Any person while addressing the City Council making obscene, slanderous, impertinent, profane, or similarly offensive and disruptive remarks, or who engages in loud, boisterous, or other disorderly conduct, which disrupts, disturbs, or otherwise impedes the orderly conduct of the public meeting; and any person, while attending the City Council meeting, making unauthorized remarks from the audience, or stamping their feet, whistling, yelling, or making similar demonstrations which disrupts, disturbs, or otherwise impedes the orderly conduct of the public meeting, shall, at the discretion of the Presiding Officer, or a majority of the City Council, be barred from further audience before the City Council during that meeting and removed from the room by the sergeant -of-arms.
Aggravated cases shall be prosecuted on an appropriate complaint signed by the Presiding Officer.
E. Enforcement of Decorum
The Chief of Police shall be ex -officio sergeant-of-arms of the City Council. The Chief of Police shall carry out all orders and instructions given by the Presiding Officer to maintain order and decorum in the Council Chamber. Upon instructions from the Presiding Officer, it shall be the duty of the Chief of Police or designee to eject any person from the Council Chamber or place them under arrest or both.
If any meeting is willfully interrupted by a group or groups of persons to render the orderly conduct of such meeting unfeasible, and the order cannot be restored by the removal of individuals who are willfully interrupting the meeting. In that case, the members of the City Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be consi dered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held under this section. Nothing in this section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. (Gov. Code § 54957.9)
F. Personal Privilege
The right of a member to address the City Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned , or impugned.
Item 5D - 32
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 15
G. Conflict of Interest
All Councilmembers are subject to the California Political Reform Act, Local Conflict of Interest Code, and Public Integrity Ordinance. Any Councilmember prevented from voting because of a conflict of interest shall refrain from debate and vote. Such Councilmember shall leave Council Chamber during discussion and voting on the issue but shall be free to address the City Council as a private citizen on the matter.
H. Limitation of Debate
As a matter of preferred protocol and courtesy to fellow members of the City Council, no Councilmember should speak more than once upon any one subject until every other Councilmember choosing to speak thereon has spoken. No Councilmember should speak for an excessive length of time without the approval of the City Council.
I. Dissents & Protests
Any Councilmember shall have the right to express dissent from or protest to any action of the City Council and have the reason (s) entered in the minutes. This direction should be made clear by language such as “I want the record to reflect...” J. Rulings of Chair Final Unless Overruled
In presiding over City Council meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order , or other questions of procedure, requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Councilmembers present and shall be binding and legally effective for the matter under consideration.
Item 5D - 33
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 16
6. ADDRESSING THE CITY COUNCIL
A. Manner of Addressing The City Council
Speaker cards shall be available at the meeting . Persons desiring to address the City Council shall be requested to complete a card and give it to the City Clerk before the public hearing or public testimony/ comment periods. The City Clerk shall provide all speaker cards to the Presiding Officer, who shall call each person to the microphone. The person recognized by the Presiding Officer shall proceed to the podium.
No person shall enter any discussion without being recognized by the Presiding Officer.
All remarks and questions shall be addressed to the Pr esiding Officer and not to any individual Councilmember, staff member , or other people. All comments shall be limited to the subject under consideration during a public hearing.
Persons who have not completed a speaker card shall identify themselves to the City Clerk as wishing to speak before the beginning of the public comment period. After the Presiding Officer has called upon all speakers who submitted a speaker card, those persons shall be heard. Such persons shall state their name and their city of residence for the record.
B. Time Limitation
Unless the City Council has granted additional time, any member of the public desiring to address the City Council shall limit his remarks as follows (Gov. Code § 54954.3):
1) P ublic testimony/comment periods: Two (2) minutes per speaker 2) P ublic hearings: Two (2) minutes per speaker
C. Limitations Regarding Public Comments
Public comments during the “public testimony/comment” portions of the agenda shall be subject to the following limitations:
1) At any time, before or after the public comment is commenced, the Presiding Officer, if deemed preferable, may direct that the communication be made instead either to the City Manager or other appropriate staff during regular business hours or in writing for subsequent submittal to Councilmembers (Section 6.E.)
2) Except in the case of p ublic hearings, if it appears that several speakers desire to comment regarding a single topic, the Presiding Officer may reasonably limit the number of persons speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson.
D. Addressing The City Council After Motion Is Made
After a motion has been made, or after a public hearing has been closed, no person shall address the City Council without first securing permission by a majority vote of the City Council.
Item 5D - 34
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 17
E. Written Correspondence
The City Manager is authorized to receive and open all mail addressed to the City Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring City Council action, may be disposed of between City Council meetings. A copy of such communication shall be sent to each Councilmember marked “Information Only.”
Any communication relating to a matter pending or brought before the City Council shall be included in the agenda packet for the meeting at which such item is to be considered.
Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the Municipal Code or other ordinances.
Copies of all other communications will be transmitted to the City Council. Any matter requiring City Council action shall be placed on a meeting agenda.
F. Persons Authorized To Be Within Platform
No person except City officials shall be permitted within the platform area in front of the City Council dais without the invitation or consent of the Presiding Officer.
Item 5D - 35
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 18
7. MOTIONS
A. Processing of Motions
When a motion is made and seconded, it shall be stated by the Presiding Officer before the debate. A motion so stated shall not be withdrawn by the mover without the seconder.
B. Motions Out of Order
The Presiding Officer may at any time, by majority consent of the City Council, permit a Councilmember to introduce an ordinance, resolution, or motion out of the regular agenda order.
C. Division of Question
If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a Councilmember shall (unless appealed), divide the same.
D. Precedence of Motions
When a motion is before the City Council, no motion shall be entertained except the following, which shall have precedence in the following order:
1) Adjourn
2) Fix Hour of Adjournment
3) Table
4) Limit or Terminate Discussion
5) Amend
6) Postpone
E. Motion To Adjourn (Not Debatable)
A motion to adjourn shall be in order at any time, except as follows:
1) When repeated without intervening business or discussion, 2) When made as an interruption of a Councilmember while speaking, 3) When debate has been ended, and vote on the motion is pending, and 4) While a vote is being taken.
A motion to adjourn “to another time” shall be debatable only as to when the meeting is to adjourn.
F. Motion To Fix Hour of Adjournment
A motion to fix the hour of adjournment shall be to set a definite time to adjourn and shall be undebatable and unamendable except by unanimous vote.
Item 5D - 36
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 19
G. Motion To Table
A motion to table shall be used to bypass the subject temporarily. A motion to table shall be undebatable and shall preclude all amendments or debate s of the issue under consideration. If the motion prevails, the matter may be “taken from the table” before the end of the meeting. If not taken from the table, the issue shall die but may be placed on a future agenda as a new matter.
H. Motion To Terminate Discussion or Call The Question
Such a motion shall be used to limit or close debate on, or further amendments to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.
I. Motion To Amend
A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitut e motion on the same subject shall be acceptable and voted on before voting on the amendment.
Amendments shall be voted first, then the main motion as amended.
J. Motion To Continue
Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.
Item 5D - 37
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 20
8. VOTING PROCEDURE
A. Voting Procedure
In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Councilmember present can be ascertained. The vote on each motion shall then be entered in full upon the record. The City Clerk shall vary the voting order with the Presiding Officer voting last. The City Clerk shall call the names of all Councilmembers seated when a roll call vote is ordered or required. Councilmembers shall respond “aye,” “no,” or “abstain,” provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Councilmember not audibly and clearly responding “ no” or “abstain” or otherwise registering an objection shall have his vote recorded as “aye.” B. Vote Required
Generally, items before the City Council require a majority of a quorum of affirmative votes to carry. Certain motions, when specified in state law, require a majority of the membership of the City Council or a supermajority of four affirmative votes. (Gov. Code § 36936). For illustrative purposes only, these requirements are as follows:
1) Three (3) votes:
a) Ordinances;
b) Resolutions and orders for the payment of money;
c) Contracts involving payments by City over One Hundred Thousand Dollars ($100,000).
2) Four (4) votes:
a) Motions to condemn property;
b) Motions to overrule a majority protest to the formation of an assessment district; c) Motions to add an item to the agenda;
d) Urgency ordinances.
C. Roll Call Voting
Any question before the City Council shall not require a roll call vote unless demanded by any Councilmember. It shall not be in order for Councilmembers to explain their vote during roll call. Any Councilmember may change his vote before the next order of business.
D. Failure To Vote
Every Councilmember should vote unless disqualified for cause. If a Councilmember is required to vote despite a disqualifying conflict of interest to achieve a quorum . In that case, the Councilmember shall state the reason, which shall be recorded in the minutes.
When a vote is collectively taken by voice, any Councilmember not audibly and clearly responding “no” or “abstain” shall have their vote recorded as “aye.” Item 5D - 38
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 21
E. Reconsideration
Except for votes regarding matters which are quasi -judicial or matters which require a noticed public hearing, t he City Council may reconsider any vote taken at the same meeting or the subsequent meeting under the following circumstances:
1) I f there has not been detrimental reliance on the prior decision by a person, or 2) I f tha t action has been taken as a part of the earlier decision, which would be impossible to undo.
The motion to reconsider must be made by a Councilmember who voted on the prevailing side, must be seconded, and requires a majority vote of the quorum for passage, regardless of the vote needed to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special preference over other pending matters, and any special voting requirements related to it still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again.
F. Motion To Rescind
Any Councilmember, regardless of how they voted on the item initially, may move to rescind an action taken at a previous meeting in order to strike out an entire motion, resolution, rule, bylaw, section, or paragraph that has been adopted except in the following circumstances:
1) When there has been detrimental reliance on the original decision by a party affected thereby,
2) When something has been done, as a result of the original decision, which it would be impossible to undo, or
3) When the item is in the nature of a contract, and the other party has been informed of the vote and has taken action in reliance thereon which cannot be undone.
After a motion to rescind has been acted upon, no other motion to rescind shall be made without the unanimous consent of the City Council.
G. Tie Votes
Tie votes shall be lost motions. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal unless the City Council takes other action to consider the matter further. If a tie vote on any matter results at a time when less than all members of the City Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the City Council, unless otherwise ordered by the City Council.
Item 5D - 39
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 22
9. RESOLUTIONS
A. Definitions
As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance. In contrast, more routine business and administrative matters (usually more temporary and transitory) are accomplished by “resolutions.” The term “resolution” in its general sense will denote any action taken affirmatively via a vote of the City Council, other than one taken by ordinance.
As used in this City, however, two terms are general ly used to denote such (non - ordinance) actions: “ resolution” and “motion” (thereafter recorded by minute entry).
Technically, both are equally effective and binding; they vary only in the for mality of respective memorialization. The most formal is referred to as a “resolution.” In addition to being referenced in the minutes, a resolution will be recorded by a separate document, numbered in sequence, and preserved in a separate set of books. Such “resolutions” are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional “whereas” explanatory material it often recites) to facilitate such future reference and research.
The “motion” is a City Council action recorded by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it.
B. Resolutions Prepared in Advance
Where a resolution has been prepared in advance, the procedure shall be motion, second, discussion, vote pursuant to methods prescribed in Section 8.A., and the result declared.
It shall not be necessary to read a resolution in full or by title except to identify it.
C. Resolutions Not Prepared in Advance
Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next City Council meeting.
D. Urgency Resolutions
In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in Section 9.B. shall be followed.
Urgency resolutions shall be avoided except when necessary. They shall be avoided when resolutions are required by law, such as improvement acts, zoning matters, or force account work on public projects.
Item 5D - 40
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 23
10. ORDINANCES
A. Introduction And Adoption of Ordinances
Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular, adjourned or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by a majority vote of the Councilmembers present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alterat ion. Corrections of typographical or clerical errors are not alterations within the meaning of this section.
B. Effective Date
All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption but may be made operative at a later date as may be designated in the ordinance.
C. Publication
It shall be the duty of the City Clerk to publish all ordinances within fifteen (15) days after adoption. (City Charter § 313)
D. Urgency Ordinances
All urgency ordinances must receive four (4) affirmative votes to be adopted and effective immediately. If such an ordinance fails to receive a 4/5 majority, it may be considered and passed in the same manner as regular ordinances.
Item 5D - 41
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 24
11. STANDING COMMITTEES
A. Finance Committee
There shall be a standing committee of the City Council known as the Finance Committee, whose duties shall be those as prescribed in the Palm Springs Municipal Code or as otherwise assigned by the City Council. The Committee shall consist of two members, one of whom shall be the Mayor who shall also serve as its Chair person, and the other shall be a Councilmember appointed by the City Council.
Item 5D - 42
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING THE CITY
COUNCIL RULES OF PROCEDURE
WHEREAS, California Government Code § 36813 authorizes the City Council to establish rules of conduct for its proceedings, Palm Springs Municipal Code § 2.04.040 requires the City Council to adopt rules of procedure to govern the conduct of its meetings, and City Charter § 311 provides for the City Council to impose reasonable regulations on persons addressing the City Council to preserve the orderly nature of its proceedings, and
WHEREAS, the City Council has adopted a certain manual entitled “City Council Rules of Procedure” to define and ensure the proper conduct of the City’s business by the City Council and in compliance with State law and the City’s Charter and Ordinances; and
WHEREAS, the City Council periodically revises its City Council Rules of Procedures to ensure clarity, consistency with State law, improve meeting efficiency, and to ensure conformity with the City Chater, Ordinances, and current practices.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
The City Council hereby adopts the revised City Council Rules of Procedure as set forth in Exhibit “A,” attached hereto and incorporated herein.
SECTION 2. This Resolution shall be effective immediately upon adoption.
SECTION 3. This Resolution supersedes Resolution No. 24189, previously adopting the City Council Rules of Procedure.
ADOPTED this __ day of ______, 2022.
Justin Clifton, City Manager
ATTEST:
Anthony J. Mejia, MMC
City Clerk
Item 5D - 43
Resolution No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy , and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
Anthony J. Mejia, MMC
City Clerk
Item 5D - 44
Item 5D - 45
RESOLUTION NO. 24189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING CITY
COUNCIL RULES OF PROCEDURE, AND SUPERSEDING
RESOLUTION NO. 24058.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS AS FOLLOWS:
a. California Government Code Section 36813 authorizes the City Council to establish rules of conduct of its proceedings.
b. Palm Springs Municipal Code Section 2.04.040 requires the City Council adopt rules of procedures to govern the conduct of its meetings. c. Section 311 of the Charter of the City of Palm Springs provides the City Council may impose reasonable regulations on persons addressing the City Council to preserve the orderly nature of its proceedings.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Palm Springs City Council Rules of Procedure, attached as Exhibit A and incorporated hereto, is approved and adopted.
SECTION 2. This Resolution supersedes Resolution No. 24058, previously adopting Rules of Procedure.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE PALM SPRINGS THIS 1st DAY OF MARCH, 2017.
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
c::::::::::
7'. > ;,;;_;;,~~·
DAVID H. READ;,E ., H.D.
CITY MANAGER
Item 5D - 46
Resolution No. 24189
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24189 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 1st day of March, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Councilmembers
Mayor Moon
None
None
None
None
Kors, Mills, Roberts, Mayor Pro Tern Foat, and
KATHLEEN
D. HART, MMC
INTERIM CITY CLERK
Item 5D - 47
CITY COUNCIL RULES OF PROCEDURE AND CONDUCT
1. MEETINGS
Adopted by Resolution No. 24189
(March 1, 2017)
TABLE OF CONTENTS
1.1 Regular Meetings................................................................ 1
1.2 Adjourned Meetings........................................................................ 1
1.3 Special Meetings............................................................................. 1
1.4 Study Sessions............................................................................... 1
1.5 Notice of Meetings.......................................................................... 1 1 .6 Quorum........................................................................................... 2 1 . 7 Meetings to be Public...................................................................... 2 1 .8 Closed Session Procedures............................................................ 3
2. ORDER OF BUSINESS
2.1 Agenda............................................................................................ 4
2.2 Delivery of Agenda.......................................................................... 6
2.3 Roll Call........................................................................................... 6
2.4 Approval of Minutes........................................................................ 6
2.5 Public Hearings............................................................................... 6
2.6 Public Comments............................................................................ 7
2.7 Consent Calendar............................................................... 7
2.8 Presentation by Members of the Council........................................ 7
2.9 Tentatively Scheduled Adjournment Time................................. 8
2.10 Meeting Management Rule . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . .. .. . . . . . .. . . 8
3. PRESIDING OFFICER
3.1 Presiding Officer.............................................................................. 8
3.2 Call to Order.................................................................................... 9
3.3 Participation of Presiding Officer..................................................... 9
3.4 Question to be Stated..................................................................... 9
3.5 Signing of Documents..................................................................... 9
3.6 Maintenance of Order..................................................................... 1 O
4. RULES, DECORUM, AND ORDER
4.1 Points of Order................................................................................ 1 O
4.2 Decorum and Order - Councilmembers. ... ... ... ... ... .. . .. ... .. . ... .. . .. .. . ... . 1 O
4.3 Decorum and Order - Employees................................................... 11 City Council Rules of Procedure and Conduct, adopted 03-01-2017 Exhibit A
Pagei
Item 5D - 48
4.4 Decorum and Order - Public........................................................... 11
4.5 Enforcement of Decorum............................................................... 11
4.6 Personal Privilege........................................................................... 12
4. 7 Conflict of Interest........................................................................... 12
4.8 Limitation of Debate........................................................................ 12
4.9 Dissents and Protests..................................................................... 12
4.1 O Rulings of Chair Final Unless Overruled........................................ 12
5. ADDRESSING THE COUNCIL
5.1 Manner of Addressing the Council................................................. 13
5.2 Time Limitation............................................................................... 13
5.3 Addressing the Council After Motion is Made................................ 13
5.4 Limitations Regarding Public Comments and Reports................ 13
5.5 Written Correspondence................................................................. 14
5.6 Persons Authorized to be Within Platform...................................... 14
6. MOTIONS
6.1 Processing of Motions.................................................................... 15
6.2 Motions Out of Order...................................................................... 15
6.3 Division of Question........................................................................ 15
6.4 Precedence of Motions................................................................... 15
6.5 Motion to Adjourn............................................................................ 15
6.6 Motion to Fix Hour of Adjournment................................................. 16
6.7 Motion to Table............................................................................... 16
6.8 Motion to Terminate Discussion or Call the Question..................... 16
6.9 Motion to Amend............................................................................. 16
6.1 O Motion to Continue......................................................................... 16
7. VOTING PROCEDURE
7 .1 Voting Procedure............................................................................ 16
7.2 Vote Required................................................................................. 17
7.3 Roll Call Voting................................................................................ 17
7.4 Failure to Vote................................................................................. 17
7.5 Reconsideration.............................................................................. 17
7.6 Motion to Rescind........................................................................... 18
7.7 Tie Votes......................................................................................... 18
8. RESOLUTIONS
8.1 Definitions...................................................................................... 18
8.2 Resolutions Prepared in Advance................................................. 19
8.3 Resolutions Not Prepared in Advance............................................ 19
8.4 Urgency Resolutions....................................................................... 19 City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page ii Item 5D - 49
9. ORDINANCES
9.1 Introduction and Adoption of Ordinances....................................... 20
9.2 Effective Date................................................................................. 20
9.3 Publishing....................................................................................... 20
9.4 Urgency Ordinances....................................................................... 20
10. STUDY SESSIONS
10.1 Schedule of Study Sessions.......................................................... 20
10.2 Purpose......................................................................................... 20
10.3 Open to the Public......................................................................... 21
10.4 Closed Study Session Procedures................................................ 21
10.5 Agenda.......................................................................................... 22
11. STANDING COMMITTEES
11.1 Finance Committee........................................................................ 22
12. SUBCOMMITTEE REPORTS .. .. .... .. . .. ... .. .. .. ... .. .. .. .. .. .. .. .. . 22 City Council Rules of Procedure and Conduct, adopted 03-0t-2017 Page iii Item 5D - 50
PURPOSE, EFFECT, AND AUTHORITY:
In the absence of a rule herein to govern a point or procedure or the making of a motion, Rosenberg's Rules of Order, shall be used as a guide. The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. These rules are intended to be consistent with State law, however, in the event of any inconsistency with State law, State law shall prevail. In the event of any inconsistency between these rules and Rosenberg's Rules of Order, these rules shall control. The scope and effect of these rules shall be determined by the Presiding Officer in conformity with Section 4.11 hereof.
City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page iv Item 5D - 51
1. MEETINGS:
1.1 REGULAR MEETINGS:
The City Council of Palm Springs shall hold regular meetings in the Council Chamber of the City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California, on the first and third Wednesdays of each month at 6:00 p.m. (or as amended by the City Council by Ordinance or Resolution). When the day for any regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday. (Gov. Code 54954)
Palm Springs Municipal Code § 2.04.01 0(c) provides closed sessions of the City Council may be conducted prior to the business portion of the regular meeting and as noticed on the Agenda. Generally, the City Council desires Closed Session to begin at 4:15 p.m. prior to the business portion of the regular meeting, but the time scheduled will depend upon the number of items to be considered and the complexity of the issues to be discussed.
1.2 ADJOURNED MEETINGS:
Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.
1.3 SPECIAL MEETINGS:
Special meetings may be called by the Mayor or majority of Councilmembers on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California and § 308 of the Charter of the City of Palm Springs. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted.
1.4 STUDY SESSION:
Study sessions shall be held in conformity with Section 10.
1.5 NOTICE OF MEETINGS:
The Agenda for all regular, adjourned, and special meetings shall be available to the general public and the City Clerk shall cause a copy thereof to be posted at least 72 hours before a regular or adjourned meeting or 24 hours before a special meeting on the exterior bulletin board on the west wall of the City Council Chamber and posted on the City's website. No other notice of regular meetings or regular study sessions is required. Mailed or personally delivered notice to each City Council Rules of Procedure and Conduct, adopted 03.()1-2017 Page 1 Item 5D - 52
member of the City Council and to each local newspaper of general circulation, radio, or television station requesting notice in writing, is required of special meetings. Mailed notice in the manner required for special meetings and posted notice at the place the meeting was held within 24 hours of adjournment is required of meetings adjourned by the City Clerk. Posted notice at the place the meeting was held within 24 hours of adjournment is required of all other adjourned meetings. (Government Code Sections 54955 and 54956)
1.6 QUORUM:
A majority of the Council shall be sufficient to do business and motions may generally be passed 2-1 if only 3 attend. Certain items as specified in Section 7.2, however, require three or four affirmative votes to carry.
1.6.1 Legally Required Participation
If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random
selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the Councilmembers eligible to vote, shall constitute a quorum. (Gov. Code§ 87101)
1.7 MEETINGS TO BE PUBLIC:
Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public (Gov. Code § 54953), provided, how ever, the Council may hold closed sessions from which the public may be excluded for the consideration of those subjects specified in the Brown Act, principally including, but not limited to:
1 . 7 .1 Personnel Matters:
To consider the appointment, employment, evaluation of
performance, or dismissal of a public employee, or to hear complaints or charges brought against such employee by
another person or employee unless such employee requests a public hearing. The term "employee" does not include
those elected to office or appointed to an office by a
legislative body, except that positions such as city manager, city attorney, department head, or other similar
administrative officers shall be considered employees. The Council may exclude from any such closed session during the examination of a witness any or all other witnesses in the matter being investigated. (Gov. Code§ 54957)
City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page 2 Item 5D - 53
1 . 7 .2 Litigation Matters:
On the advice of legal counsel to discuss litigation when discussion in open session would prejudice the City's
position. Litigation is considered pending when a formal action is initiated or when legal counsel believes there is significant exposure to litigation. A closed session may be held to determine whether there is significant exposure to litigation or when the City wishes to initiate litigation. (Gov.
Code 54956.9)
Legal counsel must submit to the Council a memorandum
stating the specific reasons and legal authority for the closed session. If action has been filed, the memorandum must
include the title of the litigation. In all other cases, the memorandum must include existing facts and circumstances on which the pending litigation is based. The memorandum should be submitted prior to the closed session if feasible, but otherwise no later than one week after the closed
session. The memorandum is not a public record. (Gov.
Code § 54956.9)
1.7.3 Threat to Public Buildings. Services. and Facilities:
With law enforcement officials on matters posing a threat to security of public buildings or a threat to the public's right to access to public services or public facilities. However, closed sessions may not be used to discuss normal and
usual police business. (Gov. Code § 54957)
1.7.4 Negotiations for Real Property:
With any negotiator the Council has employed to purchase, sell, exchange, or lease real property. But prior to the closed session, the legislative body must, in open session or by agenda posting, identify the real property about which the negotiations are concerned and the person or persons with whom the negotiator may negotiate. (Gov. Code § 54956.8)
1.7.5 Employee Benefits:
With the local agency's designated representatives (e.g. labor negotiator) regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, or to instruct the representative. (Gov. Code§ 54957.6)
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1.8 CLOSED SESSION PROCEDURES:
Prior to or after holding any closed session, the Council must state in open session the general reason or reasons for holding the closed session, and may cite the statutory authority or other legal authority under which the session is being held. In the closed session, the Council may consider only those matters covered in its statement. The statement may be made as part of the notice and agenda provided for the meeting. (Gov. Code § 54957.7)
In the case of a closed session regarding the appointment, employment, or dismissal of a public employee, after any closed session, the body must publicly report at that same public meeting or the next public meeting the action it has taken and any roll call vote thereon. (Gov. Code§ 54957.1)
2. ORDER OF BUSINESS
2.1 AGENDA:
The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk, under the general direction of the City Manager. The Agenda shall be a listing containing a brief general description of each item of business to be transacted or discussed at the meeting in the following order:
• Call to Order
• Pledge of Allegiance
• Roll Call
• Presentations
• Acceptance of the Agenda
• Report on Closed Session
• Public Testimony (Non-Public Hearing Agenda Items Only) • City Council and City Manager Comments and Reports
• City Council Subcommittee Reports
• Consent Calendar
• Extended Consent Calendar
• Public Hearings
• Legislative Items
• Unfinished Business
• New Business
• Public Comments (Non-Agenda Items)
• Council member and City Manager
Requests and Upcoming Agenda Development
• Adjournment
Items may not be taken out of order, except with the majority consent of the Council.
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The City Clerk, under the general direction of the City Manager, shall place other agency business (Public Financing Authority, Housing Authority, etc.) in any manner for the efficient conduct of the meeting.
Invitees to lead the Pledge of Allegiance will be limited to the first regular meeting of the month, and only if a school or youth group requests to lead the Pledge and is for credit.
Presentations are limited to two (2) presentations and each presentation is limited to three (3) minutes. Presentations generally should be limited to City business, programs, facilities and/or departments and swearing in of Public Officials. Generally, each Department is limited to one (1) presentation every three (3) months, with the exception of special and specific circumstances as determined by the City Manager.
2.1.1 Agenda Description:
The agenda must include a brief general description sufficient to inform the public of the subject matter and nature of the proposed action for each item of business to be transacted or discussed at the meeting. Limited discussion of matters not listed on the agenda may be permitted under the Councilmember Comments and Requests and Reports section of the agenda but action may not be taken on such matters. See Sections 2.6 and 2.8 for further explanation of the discussion permitted on such Reports and Requests.
2.1.2 No Action on Matters Not On Agenda: Exceptions.
No action shall be taken on any item not appearing on the posted agenda except in the following circumstances (Gov.
Code§ 54954):
a) Upon a determination by a majority vote of the
Council that an emergency situation exists, as defined
in Government Code Section 54956.5;
b) Upon a determination by a two-thirds vote of the City Council, or, if less than two-thirds of the
Councilmembers present, a unanimous vote of those
Councilmembers present, that the need to take action
arose subsequent to the agenda being posted; or
c) The item appeared on a posted agenda for a prior
Council meeting occurring not more than five calendar
days previously and at the prior meeting the item was
continued to the current meeting.
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The facts to support the determinations in a) and b) above shall be stated in the staff report, a supplemental staff report, or the minutes of the meeting at which the action was taken.
2.2 DELIVERY OF AGENDA:
Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to Councilmembers each Friday preceding the Wednesday meeting to which it pertains.
The Agenda shall also be available to the general public and the City Clerk shall cause a copy thereof to be posted at least 72 hours before a regular or adjourned meeting or 24 hours before a special meeting on the exterior bulletin board on the west wall of the City Council Chamber and the City's Website.
2.3 ROLL CALL:
Before proceeding with the business of the Council, the City Clerk shall call the roll of the Councilmembers and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last.
2.4 APPROVAL OF MINUTES:
Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the City Clerk has previously furnished each Councilmember with a copy thereof.
2.5 PUBLIC HEARINGS:
Generally, public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order:
Staff Report
Initial Questions and Clarifications by the City Council Hearing Opened:
Applicant (5-minute time limit)
Appellant (if different than the Applicant) (5-minute time limit) Public Testimony (2-minute time limit)
Applicant Rebuttal (2-minute time limit)
Appellant Rebuttal (2-minute time limit)
Questions and Discussion by the City Council
Action by the City Council
Questions or comments from the public shall be limited to the subject under consideration. Councilmember questions of the staff prior to the opening of the public hearing and of the public prior to the close of the public hearing should be factual and seek pertinent information; City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page 6 Item 5D - 57
Councilmember questions and comments should not be argumentative and Councilmembers should not get into debates with staff or those members of the public testifying at a public hearing. Councilmembers should not express their opinions on an item prior to the close of the public hearing, as Councilmembers should not form or express an opinion until after all testimony has been received.
Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard.
2.6 PUBLIC TESTIMONY AND PUBLIC COMMENTS:
During the Public Testimony portion of the meeting any person may address the City Council only on those non-public hearing items on the agenda. A limitation of two (2) minutes shall be imposed upon each person so desiring to address the City Council during the Public Testimony designation on the agenda. The public shall indicate on the speaker request the Agenda item or items they wish to address during Public Testimony.
Public Testimony for public hearings shall only be taken during the public hearing.
During the Public Comments portion of the meeting any person may address the Council on non-agenda items, except at special meetings Public Comments shall be limited to matters appearing on the agenda. All public comments shall be on matters within the jurisdiction of the City. A limitation of 2 minutes shall be imposed upon each person so desiring to address the Council during the Public Comments designation on the agenda. (Gov. Code § 54954.3)
2.7 CONSENT CALENDAR:
Items of a routine nature, and non-controversial, shall be placed on the consent calendar. All items may be approved by one blanket motion upon unanimous consent. Under "Approval of the Agenda" any Councilmember may request that any item be withdrawn from the consent calendar for separate consideration. However, any Councilmember may abstain or vote "no" from voting on any consent calendar item without requesting its removal from the consent calendar, and the City Clerk shall be instructed to record such "no" votes or abstentions in the minutes.
2.8 PRESENTATION BY MEMBERS OF THE COUNCIL:
The Mayor or any Councilmember may bring before the Council any new business under the Councilmember Comments and Requests or Reports portion of the Agenda. Limited discussion of such requests may be permitted as necessary to find out what action staff is taking with respect City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page 7 Item 5D - 58
to the matter, or to determine if the matter should be placed on a future Council agenda for discussion and action, if appropriate. No action may be taken on such matters until a subsequent meeting, except upon compliance with the provisions of Section 2.1.1.
2.8.1 Conflict of Interest:
If a Councilmember seeks to agendize a matter, and ii is found prior to the matter being heard that such
Councilmember has, or may have, a conflict of interest such that the Councilmember will abstain on the matter, the
matter shall not be heard until a Councilmember without a real or potential conflict requests that the matter be heard.
The provisions of Municipal Code Chapter 2.05 and the
Palm Springs Zoning Ordinance apply concerning appeals, and the time limitations prescribed therein.
2.9 TENTATIVELY SCHEDULED ADJOURNMENT TIME:
The tentatively scheduled adjournment time for all regular meetings and study sessions shall be 11 :00 p.m. The City Council may continue the meeting past the 11 :00 p.m. tentatively scheduled adjournment time, by a majority vote of the City Council.
2.10 MEETING MANAGEMENT RULE:
At approximately 10:00 p.m., or during a reasonable break in the meeting, the City Council shall: (a) determine the number of speakers who wish to address the City Council during the final public comment (non-agenda items) portion of the agenda and allow sufficient time for public comment; (b) prioritize the remainder of the meeting business items; and (c) determine which items can be reasonably heard by the 11 :00 p.m. tentative adjournment time.
During the Meeting Management portion of the Agenda, if the City Council chooses to continue any agenda item, the agenda item shall not be subsequently discussed and/or voted on at that meeting.
3. PRESIDING OFFICER
3.1 PRESIDING OFFICER:
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tern shall preside. In the absence of both the Mayor or Mayor Pro Tern, the Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or Mayor Pro Tern or until adjournment.
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In accordance with the Palm Springs City Charter Section 302, at the first regular City Council meeting following a general municipal election, in which newly elected Councilmembers are sworn and seated, and at the first regular City Council meeting following the anniversary of that date for any year in which no general municipal election is held, the City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during any period of the Mayor's absence or disability.
3.2 CALL TO ORDER:
The meeting of the Council shall be called to order by the Mayor or in his absence by the Mayor Pro Tern. In the absence of both the Mayor and the Mayor pro tern, the meeting shall be called to order by the City Clerk, whereupon the City Clerk shall immediately call for the selection of a temporary Presiding Officer.
3.3 PARTICIPATION OF PRESIDING OFFICER:
The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he/she shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as Presiding Officer.
3.4 QUESTIONS TO BE STATED:
The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vole, the Presiding Officer shall verbally announce whether the question carried, or was defeated. The Presiding Officer shall also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business.
3.5 SIGNING OF DOCUMENTS:
The Mayor, or Mayor Pro Tern in the absence of the Mayor, shall have authority to sign all ordinances, resolutions, contracts, deeds, easements, licenses, covenants, and other documents on behalf of the City, but such authority may be delegated lo the City Manager as provided in Section
2.08.020 of the Municipal Code, and Resolution 20271, as they may be amended from time to time.
The City Clerk, or the Deputy City Clerk in the absence of the City Clerk, shall attest to the signature of the Mayor or Mayor Pro Tern.
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3.6 MAINTENANCE OF ORDER:
The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair.
4. RULES, DECORUM, AND ORDER
4.1 POINTS OF ORDER:
The Presiding Officer shall determine all Points of Order subject to the right of any Councilmember to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order.
4.2 DECORUM AND ORDER - COUNCILMEMBERS:
a) Any Councilmember desiring to speak shall address the Chair and upon recognition by the Presiding Officer, shall confine himself to the question under debate.
b) A Councilmember desiring to question the Staff shall address his question to the City Manager or City Attorney in appropriate cases, who shall be entitled either to answer the inquiry himself, or to designate some member of his staff for that purpose.
c) A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Councilmember; or unless the speaker chooses to yield to questions from another
Councilmember.
d) Any Councilmember called to order while he is speaking, shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed.
If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with rules of the Council.
e) Councilmembers shall accord the utmost courtesy to each other, to City Employees and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities.
f) Any Councilmember may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to so act.
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4.3 DECORUM AND ORDER - EMPLOYEES:
Members of the Administrative Staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall insure that all City Employees observe such decorum. Any staff member, including the City Manager, desiring to address the City Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Councilmember or member of the public.
4.4 DECORUM AND ORDER - PUBLIC:
Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person wishing to address the Council shall, before speaking, announce his/her actual name. Any person while addressing the Council making obscene, slanderous, impertinent, profane, or similarly offensive and disruptive remarks, or who engages in loud, boisterous, or other disorderly conduct, which disrupts, disturbs, or otherwise impedes the orderly conduct of the public meeting; and any person, while attending the Council meeting, making unauthorized remarks from the audience, or stamping their feet, whistling, yelling, or making similar demonstrations which disrupts, disturbs, or otherwise impedes the orderly conduct of the public meeting, shall, at the discretion of the Presiding Officer, or a majority of the Council, be provided warning notice and maybe subsequently barred from further audience before the Council during that meeting and/or be removed from the room by the sergeant-of-arms. Aggravated cases shall be prosecuted on an appropriate complaint signed by the Presiding Officer.
4.5 ENFORCEMENT OF DECORUM:
The Chief of Police shall be ex-officio sergeant-of-arms of the Council.
The Chief shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the Presiding Officer, it shall be the duty of the Chief of Police or his representative to eject any person from the Council Chamber or place him under arrest or both.
As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page 11 Item 5D - 62
readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
4.6 PERSONAL PRIVILEGE:
The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives, are assailed, questioned or impugned.
4.7 CONFLICT OF INTEREST:
All Councilmembers are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to Conflict of Interest Codes adopted by resolution of the Council. Any Councilmember prevented from voting because of a conflict of interest, shall refrain from debate and voting. Such Councilmember shall leave City Council Chamber during debate and voting on the issue, but shall be free to address the Council as a private citizen on the matter.
4.8 LIMITATION OF DEBATE:
As a matter of preferred protocol and courtesy to fellow members of the Council, no Councilmember normally should speak more than once upon any one subject until every other Councilmember choosing to speak thereon has spoken and no Councilmember should speak for an excessive length of time each time he has the floor, without the approval of the Council.
4.9 DISSENTS AND PROTESTS:
Any Councilmember shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes.
If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as "I would like the minutes to show that I am opposed to this action for the following reasons ... "
4.10 RULINGS OF CHAIR FINAL UNLESS OVERRULED:
In presiding over City Council meetings, the Mayor, Mayor Pro Tern, or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure, requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Councilmembers present and voting, and shall be binding and legally effective (even though clearly erroneous) for purpose of the matter under consideration.
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Item 5D - 63
5. ADDRESSING THE CITY COUNCIL
5.1 MANNER OF ADDRESSING THE COUNCIL:
Speaker cards shall be available at the meeting, and persons desiring to address the Council shall be requested to complete a card and give it to the City Clerk PRIOR to the hearing of the item, or the beginning of the public testimony and public comment period. The City Clerk shall provide all speaker cards to the presiding officer or input the same into the meeting management system, who shall call each person to the microphone. The person recognized by the presiding officer shall proceed to the podium.
All remarks and questions shall be addressed to the Chair and not to any individual Councilmember, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration.
No person shall enter into any discussion without being recognized by the Presiding Officer.
5.2 TIME LIMITATION:
Unless further time has been granted by the Presiding Officer as provided in Sections 2.5 or 5.4, any member of the public desiring to address the Council shall limit his remarks as follows: (See 2.6) (Gov. Code§ 54954.3) a) Two (2) minutes during public hearings;
b) Two (2) minutes during the public testimony and public comment period.
5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE:
After a motion has been made, or after a public hearing has been closed, no person shall address the Council without first securing permission by a majority vote of the Council.
5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS:
The making of oral communications to the Council by any member of the public during the Public Testimony and Public Comments portions of the agenda shall be subject to the following limitations:
5.4.1 At any time, before or after the oral communication is commenced, the Presiding Officer may if he deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Councilmembers, pursuant to Section 5.5.
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5.4.2 Except in the case of public hearings (see Section 2.5) if it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson.
5.4.3 No oral communication shall be allowed to include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him/her. All charges or complaints against employees shall be submitted to the City Manager for appropriate action, and may also be submitted to members of the Council by written communication.
5.5 WRITTEN CORRESPONDENCE:
The City Manager is authorized to receive and open all mail addressed to the Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Council action, may be disposed of between Council meetings. A copy of such communication shall be sent to each Councilmember marked "Information Only."
Any communication relating to a matter pending, or to be brought, before the City Council, shall be included in the agenda packet for the meeting at which such item is to be considered. Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the Municipal Code, or other ordinances.
Copies of all other communications sent to the Council will be transmitted to them. Any matter requiring Council action shall be placed on a meeting agenda for Council action.
5.6 PERSONS AUTHORIZED TO BE WITHIN PLATFORM:
No person except City officials shall be permitted within the platform area in front of the Council dias without the invitation or consent of the Presiding Officer.
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6. MOTIONS
6.1 PROCESSING OF MOTIONS:
When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A Motion so stated shall not be withdrawn by the mover without the consent of person seconding it.
6.2 MOTIONS OUT OF ORDER:
The Presiding Officer may at any time, by majority consent of the Council, permit a Councilmember to introduce an ordinance, resolution, or motion, out of the regular Agenda order.
6.3 DIVISION OF QUESTION:
If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a Councilmember shall (unless appealed), divide the same.
6.4 PRECEDENCE OF MOTIONS:
When a motion is before the Council, no motion shall be entertained except the following which shall have precedence in the following order:
a. Adjourn
b. Fix Hour of Adjournment
C. Table
d. Limit or terminate discussion
e. Amend
f. Postpone
6.5 MOTION TO ADJOURN: (not debatable)
A motion to adjourn shall be in order at any time, except as follows:
a. When repeated without intervening business or discussion. b. When made as an interruption of a Councilmember while speaking,
c. When discussion has been ended, and vote on motion is pending, and
d. While a vote is being taken.
A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned.
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6.6 MOTION TO FIX HOUR OF ADJOURNMENT:
A motion to fix the hour of adjournment shall be to set a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote.
6.7 MOTION TO TABLE:
A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the meeting. If not taken from the table the matter shall die but may be placed on a future agenda as a new matter.
6.8 MOTION TO TERMINATE DISCUSSION OR CALL THE QUESTION:
Such a motion shall be used to limit or close debate on, or further amendments to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.
6.9 MOTION TO AMEND:
A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended.
6.10 MOTION TO CONTINUE:
Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.
7 VOTING PROCEDURE
7.1 VOTING PROCEDURE:
In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Councilmember present can be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The City Clerk shall vary the order of voting with the Mayor voting last. The City Clerk shall call the names of all Councilmembers seated when a roll call vote is ordered or required.
Councilmembers shall respond "aye," "no," or "abstain", provided that City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page 16 Item 5D - 67
when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Councilmember not audibly and clearly responding "no" or "abstain" or otherwise registering an objection shall have his vote recorded as "aye."
7.2 VOTE REQUIRED:
Generally, items before the Council require a majority of a quorum of affirmative votes in order to carry. Certain motions, when specified in state law, require a majority of the membership of the Council, or a supermajority of four affirmative votes. (Gov. Code § 36936). For illustrative purposes only, these requirements are as follows:
a) Three (3) votes:
i) Ordinances;
ii) Resolutions and orders for the payment of money;
iii) Contracts involving payments by City over One
Hundred Thousand Dollars ($100,000).
b) Four (4) votes:
i) Motions to condemn property;
ii) Motions to overrule a majority protest to the formation of an assessment district;
iii) Motions to add an item to the agenda;
iv) Urgency ordinances.
7.3 ROLL CALL VOTING:
Any question before the Council shall not require a roll call vote unless demanded by any Councilmember. It shall not be in order for Councilmembers to explain their vote during roll call. Any Councilmember may change his vote before the next order of business.
7.4 FAILURE TO VOTE:
Every Councilmember should vote unless disqualified for cause. If a Councilmember is required to vote despite a disqualifying conflict of interest, in order to achieve a quorum, the Councilmember shall state the reason which shall be recorded in the minutes.
When a vote is collectively taken by voice, any Councilmember not audibly and clearly responding "no" or "abstain" shall have his or her vote recorded as "aye."
7.5 RECONSIDERATION:
Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Council may reconsider any vote taken either at the same meeting or at a subsequent City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page 17 Item 5D - 68
meeting provided that there has not been detrimental reliance on the prior decision by a person affected thereby or that an action has been taken as a part of the earlier decision which would be impossible to undo. The motion to reconsider must be made by a Councilmember who voted on the prevailing side, must be seconded and requires a majority vote of the quorum for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special preference over other pending matters and any special voting requirements related thereto still apply.
Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again.
7.6 MOTION TO RESCIND:
Any Councilmember, regardless of how he voted on the item originally, may move to rescind an action taken at a previous meeting in order to strike out an entire motion, resolution, rule, bylaw, section, or paragraph that has been adopted except in the following circumstances:
a) When there has been detrimental reliance on the original decision by a party affected thereby;
b) When something has been done, as a result of the original decision, which it would be impossible to undo;
c) When the item is in the nature of a contract and the other party to the contract has been informed of the vote and has taken action in reliance thereon which cannot be undone.
After a motion to rescind has once been acted upon, no other motion to rescind shall be made without unanimous consent of the Council.
7.7 TIE VOTES:
Tie votes shall be lost motions. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter. If a tie vote on any matter results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.
8. RESOLUTIONS
8.1 DEFINITIONS:
As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page 18 Item 5D - 69
(usually more temporary and transitory in nature) are accomplished by "resolutions." The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, other terms are in general use to denote such (non-ordinance) actions: "resolution," and "motion" (thereafter recorded by minute entry). Technically, all are equally as legally effective and binding; they vary only in the formality of respective memorialization. The most formal is referred to as a "resolution." This, in addition to being referenced in the minutes, will be recorded by separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research.
The "motion" (assuming it was one which passed) is a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it.
8.2 RESOLUTIONS PREPARED IN ADVANCE:
Where a resolution has been prepared in advance, the procedure shall be:
motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and the result declared. It shall not be necessary to read a resolution in full or by title except to identify it.
8.3 RESOLUTIONS NOT PREPARED IN ADVANCE:
Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting.
8.4 URGENCY RESOLUTIONS:
In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution.
After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed.
Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, such as in improvement acts, zoning matters, or force account work on public projects.
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9. ORDINANCES
9.1 INTRODUCTION AND ADOPTION OF ORDINANCES:
Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting.
However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by a majority vote of the Councilmembers present, all ordinances shall be read in full either at the time of introduction, or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section.
9.2 EFFECTIVE DATE:
All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance.
9.3 PUBLISHING:
It shall be the duty of the City Clerk to publish all ordinances in accordance with Section 36933 of the Government Code and the Charter of the City of Palm Springs within 15 days after adoption.
9.4 URGENCY ORDINANCES:
All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive a 4/5 majority, it may thereafter be considered and passed in the same manner as regular ordinances.
10. STUDY SESSIONS
10.1 SCHEDULE OF STUDY SESSIONS:
The City Council shall meet in regular Study Session at those times specified by resolution of the Council. The Study Session may include a closed session.
10.2 PURPOSE:
A quorum of Councilmembers is required in order to hold a study session.
A study session of the Council shall be subject to the procedures and limitations set forth in this Article, but shall be treated as a regular Council City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page 20 Item 5D - 71
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meeting under the Ralph M. Brown Act (Gov. Code § 54950 et seq.), the provisions of which shall apply with full force and effect to study sessions.
Study sessions are held for the following purposes:
a) Reviewing the agenda for the upcoming Council meeting; b) Discussing matters to determine whether they should be on future Council agendas;
c) Discussing matters preparatory to placing them on a future Council agenda so that staff will know what information the Council wishes analyzed or included in the staff report; d) Deciding matters of an emergency nature which cannot be held to a future Council meeting;
e) Meeting and conferring with City commissions, civic
organizations and City officials relative to pending City business; and
f) Conducting minor cleanup, administrative, housekeeping, and ministerial activities of limited consequence such as responding to correspondence, arranging for substitute
attendance of Councilmembers and staff at meetings,
arranging to meet with boards, bodies, commissions, and others, and similar matters.
Normally, no action will be taken on study session topics. In the event any action is taken, for example as permitted in subsection (d) above, the matter shall be placed on the consent calendar at the next available Council agenda for ratification, and the matter shall be ratified, unless the matter is removed from the consent calendar and a motion to rescind is properly made, is in order, and is adopted in the manner provided herein.
10.3 OPEN TO THE PUBLIC:
Study Sessions shall at all times be open to the public and the news media (Gov. Code § 54953), except for closed sessions held for those purposes specified in the Brown Act, as more fully discussed in Section
1.7 above.
10.4 CLOSED STUDY SESSION PROCEDURES
The procedures for Closed Study Session Agenda shall be in conformance of Section 1.8.
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10.5 AGENDA:
The City Clerk under the general direction of the City Manager shall be responsible for preparing an agenda of items for discussion at each study session. Just as in the case of a regular City Council meeting, no action may be taken at a study session on an item that is not included on the agenda. For a full discussion of agenda requirements and exceptions see Section 2 above.
11. STANDING COMMITTEES
11.1 FINANCE COMMITTEE:
There shall be a standing committee of the City Council known as the Finance Committee, whose duties shall be those as prescribed in the Palm Springs, Municipal Code or as otherwise assigned by the City Council. The Committee shall consist of two members, one of whom shall be the Mayor who shall also serve as its Chairman and the other shall be a Councilmember appointed by the City Council.
12. SUBCOMMITTEE REPORTS
12.1 During the City Council Subcommittee Reports, the City Council Subcommittees may provide a verbal report to the City Council or may submit a written report for consideration by the City Council. City Council Subcommittees shall meet and report out at least once each quarter.
City Council Rules of Procedure and Conduct, adopted 03-01-2017 Page 22