HomeMy WebLinkAboutOrdinance 1242 - Conduct of Council MeetingsOrdinance No. 1242
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: Approve Eight Ordinances Updating Various Municipal
Code Sections
SUBMITTED BY: David J. Erwin, City Attorney
DATE: September 13, 2012
CONTENTS: Technical Municipal Code Revisions
Staff from the various departments and the city attorney's office have done a
comprehensive review of the city's municipal code to identify technical, largely non -
substantive changes that (1) conform the code sections to current law; (2) conform the
code sections to current practice in the city; and (3) make the code sections internally
consistent.
The ordinance revision package on the agenda contains eight proposed ordinances, each
of which change multiple Municipal Code Sections. The eight ordinances contain
changes to code sections that deal generally with the following subject matters:
1. City Offices
2. Conduct of Council Meetings
3. Property Maintenance Issues
4. Peddling and Solicitation
5. Art in Public Places
6. Noise Control
7. Civil Engineering
8. Traffic Issues
MEETING DATE
❑, CONTINUED TOE._,
LJ' PASSED TO 2ND READINGQ
72500.00001 \7568883.1
ORDINANCE NO. 1242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.36.250,
2.36.300, 2.36.430 AND REPEALING 2.36.480 OF THE CODE
OF THE CITY OF PALM DESERT, CALIFORNIA DEALING WITH
THE CONDUCT OF COUNCIL MEETINGS
The City Council of the City of Palm Desert, California does hereby ordain as follows:
SECTION 1.
That Section 2.36.250 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"Section 2.36.250 Propriety of conduct — Procedure.
Each person desiring to address the city council shall approach the podium, state
his name and address for the record, state the subject he wishes to discuss, state
whom he is representing if he represents an organization or other persons, and unless
further time is granted by majority vote of the council, shall limit his remarks to fiw three
minutes. All remarks shall be addressed to the council as a whole and not to any
member thereof. No questions shall be asked of a councilperson or member of the city
staff without obtaining permission of the presiding officer. Any person violating this
section while addressing the city council shall be called to order by the presiding officer,
and if such conduct continues, may at the discretion of the presiding officer be ordered
barred from further audience, and if the conduct warrants, such person may be ordered
removed from the council chambers."
SECTION 2.
That Section 2.36.300 of the Code of the City of Palm Desert, California be and
99999.99999\3 8 89967.5
the same is hereby amended to read as follows:
"Section 2.36.300 Disqualification for conflict of interest.
Any councilperson who is disqualified from voting on a particular matter by
reason of a conflict of interest shall publicly state, or have the presiding officer state, the
nature of such disqualification in the open city council meeting. Where no clearly
disqualifying conflict of interest appears, the matter of disqualification may, at the
request of the councilperson affected, be decided by the other councilpersons. A
councilperson who is disqualified by reason of a conflict of interest in any matter n4ay
. . n his seat dUFORg the debate and net Yete on GUGh matter, eF may request and
be giVeR the peFmissien ef the presiding effiGeF to step down frem the GOURGH table ar�d
leave the Ge nGil ^"ambers. shall remove himself or herself from the council chamber.
A councilperson stating such disqualification shall not be counted as a part of a quorum
and shall be considered absent for the purpose of determining the outcome of any vote
on such matter."
SECTION 3.
That Section 2.36.430 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"Section 2.36.430 Public hearing — Reopening.
A public hearing on any matter once closed cannot be reopened on the date set
• •�
-2-
99999.99999\3 8 89967.5
GeURGil.-unless the presiding officer can and has determined that none of the parties
involved in such hearing have left the council chambers. Nothing in this chapter,
however, is intended to prevent or prohibit the reopening of a public hearing at any
subsequent regular or special meeting of the city council. No public hearing may be
reopened without due and proper notice being given to the applicant and his opponents
designating the time and place of the reopening unless reopened in accordance with
this section at the same meeting."
SECTION 4.
That Section 2.36.480 of the Code of the City of Palm Desert, California be and
the same is hereby deleted.
• _ �FE _ . _IMV awn."
SECTION 5.
The City Clerk of the City of Palm Desert, California, is hereby directed to
publish 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.
-3 -
99999.99999\3889967.5
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
-4-
99999.99999\3 8 89967.5