HomeMy WebLinkAboutORD 1415ORDINANCE NO. 1415
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE
CHAPTER 2.36, PROCEDURES FOR THE CONDUCT OF MEETINGS
City Attorney’s Summary
The purpose of this ordinance is to amend the Palm Desert Municipal Code
to clarify that Chapter 2.36 applies to the conduct of all appointed body
meetings; sets time limits for public comment and public hearings,
eliminates the need to sort public comment based on their position, and
establishes a procedure for the sequencing of appeal hearings.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The City Council hereby amends Section 2.36.010, Finding of Fact,
to read as follows:
“Section 2.36.010 Finding of fact.
The city council finds and declares that by reason of the increased intensity and
complexity of city business, a need to adopt procedural rules for the conduct of
public business is necessary. The city council further finds and declares that
increased concentrated judicial attention to the due process clauses of both the
California and Federal Constitutions regarding public hearings and the rights of
individuals to be heard, require more detailed rules and regulations, insuring the
protection of the rights. The city council further finds and declares that it is
imperative that any person having business before the city council have a
reasonable opportunity to be heard and have his matter acted upon. The
provisions of this chapter shall apply to every appoi nted body whether it is
established by ordinance, resolution, or otherwise. In the event any provision of
this chapter conflicts with a specific provision of an ordinance or resolution
establishing a specific appointed body or the appointed body's bylaws, such
specific provision shall control.”
SECTION 2. The City Council hereby adds Section 2.36.255, Addressing the
council – speaker time limits, to read as follows:
“Section 2.36.255 Addressing the council – Speaker time limits
A. Public comment period: Each speaker is limited to three minutes per agenda
item during the public comment period, unless the time is adjusted by the
presiding officer to accommodate the number of speakers and the length of the
agenda.
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B. Public hearings: The public may comment on individual public hearing items
within the three-minute time limit. The applicant or appellant will be provided up
to ten (10) minutes to make their presentation. The applicant or appellant will
be provided with an opportunity to make closing comments for up to three (3)
additional minutes.”
SECTION 3. The City Council hereby amends Section 2.36.390, Public hearing –
Opening, to read as follows:
“Section 2.36.390 Public hearing – Opening.
After the mayor has announced that the time has arrived for a public hearing on
any scheduled agenda item set for public hearing, the mayor shall announce that
it is the time and place for the public hearing, and shall ascertain whether or not
anyone wishes to be heard on the agenda item under consideration. If there are
persons present wishing to be heard, the presiding officer shall request that those
in opposition to the matter under consideration be heard first, and the persons shall
be given an opportunity to address the city council in accordance with the
provisions of Section 2.36.250 through and including Section 2.36.270 of this
chapter.”
SECTION 4. The City Council hereby adds Section 2.72.040, Sequencing of
appeals hearings, to read as follows:
“Section 2.72.040 Sequencing of appeal hearings.
When an appeal may be heard by two or more bodies, the appeal shall be heard
in the following sequence, with the City Council considering the appeal last, when
practical:
A. Administrative Hearing Bodies: Appeals shall first be heard by the appropriate
administrative hearing body with subject-matter jurisdiction.
B. Appoint Bodies: If applicable, appeals shall next be heard by any relevant
appointed bodies that provide recommendations to the City Council.
C. City Council: The City Council shall hear the appeal last, ensuring that all
preceding bodies have rendered their decisions or recommendations before
the matter is brought before the City Council.
SECTION 5. Severability. If any section, subsection, clause, or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council declares
that it would have passed each section, subsection, paragraph, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause, or phrase would be declared invalid, unconstitutional or unenforceable.
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SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm Desert, California, and
shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON JULY 11, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1415 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on June 27, 2024, and adopted at a
regular meeting of the City Council held on July 11, 2024, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, AND QUINTANILLA
NOES: NONE
ABSENT: TRUBEE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
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