2017 02 23 CC Special Joint Meeting B/Ct(VI
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GEM of tie DESERT — —
NOTICE OF SPECIAL MEETING
OF THE LA QUINTA CITY COUNCIL
TO THE MEMBERS OF THE LA QUINTA CITY COUNCIL AND TO THE CITY CLERK:
NOTICE IS HEREBY GIVEN that a special meeting of the La Quinta City Council
is hereby called to be held an Thursday, February 23, 2017, at 6:00 p.m., at the La
Quinta Library located at 78275 Calle Tampico, La Quinta, CA 92253 for the fallowing
purpose:
TO HOLD A SPECIAL JOINT CITY COUNCIL, CITY BOARDS AND CITY COMMISSIONS
STUDY SESSION TO DISCUSS THE FOLLOWING:
1. UPDATES ON CITY PROJECTS AND DISCUSSION OF CITY -RELATED MATTERS OF
MUTUAL INTEREST
Dated: February 17, 2017
/s/ f inda Evans
LINDA EVANS, Mayor
Attest:
Digitally signed by Susan Maysels
DN: cn=Susan Maysels, o=City of La Quinta, ou=Clerk's
Office, email=smaysels@la-quinta.org, c=US
Date: 2017.02.15 16:20:49-08'00'
SUSAN MAYSELS, City Clerk
DECLARATION OF POSTING
I, Susan Maysels, City Clerk, do hereby declare that the foregoing agenda for the City
Council meeting of February 23, 2017 was posted on bulletin boards in City Hall,
78495 Calle Tampico, by the U.S. Post Office, 51321 Avenida Bermudas and outside
Stater Brothers grocery, 78630 Highway 111 on February 17, 2017.
Digitally signed y Susan Maysels
DN: cn=Susan Maysels, o=City of La Quinta,
ou=Clerk's Office, email=smaysels@la-
quinta.org, c=US
Date: 2017.02.1 S 16:21:17-08'00'
SUSAN MAYSELS, City Clerk
SPECIAL JOINT MEETING 1 FEBRUARY 23, 2017
CITY COUNCIL, CITY BOARDS, AND CITY COMMISSIONS
GEM of the DESERT — —
City Council agendas and sto f f reports
are available on the City's
web page. www.la-quinta.orq
AGENDA
SPECIAL JOINT MEETING OF THE CITY COUNCIL,
CITY BOARDS AND CITY COMMISSIONS
LA QUINTA LIBRARY
78275 Calle Tampico, Lo Quinta
THURSDAY. FEBRUARY 23.2017 AT 6:00 P.M.
CALL TO ORDER BY MAYOR EVANS
ROLL CALL: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
SIGN IN: All Board Members and Commissioners in attendance
CONFIRMATION OF AGENDA
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on
the agenda. Please complete a "Request to Speak" form and limit your comments to three
minutes. The City Council values your comments; however in accordance with State law, no
action shall be taken on any item not appearing on the agenda unless it is an emergency item
authorized by GC 54954.2(b).
STUDY SESSION
1. UPDATES ON CITY PROJECTS AND DISCUSSION OF CITY -RELATED MATTERS
OF MUTUAL INTEREST
ADJOURNMENT
SPECIAL JOINT MEETING 1 FEBRUARY 23, 2017
CITY COUNCIL, CITY BOARDS, AND CITY COMMISSIONS
The next regular meeting of the City Council will be held on March 7, 2017, at 4:00 p.m.
at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the
foregoing Agenda for the La Quinta City Council meeting was pasted on the City's
website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the
bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La
Quinta Cove Post Office at 51-321 Avenida Bermudas, on February 17, 2017.
DATED: February 17, 2017
Digitally signed by Susan Maysels
��DN: cn=Susan Maysels, sCity La Quinta,
V UClerk's Office, email=smayselels@la Quinta.org,
c=US
Date: 2017.02.15 16:27:39-08'00'
SUSAN MAYSELS, City Clerk
City of La Quinta, California
Public Notices
The La Quinto Library is handicapped accessible. If special equipment is
needed for the hearing impaired, please call the City Clerk's office at 777-7103,
twenty-four (24) hours in advance of the meeting and accommodations will be
made.
• If background material is to be presented to the Councilmembers during a City
Council meeting, please be advised that eight (8) copies of all documents,
exhibits, etc., must be supplied to the City Clerk for distribution. It is requested
that this take place prior to the beginning of the meeting.
Any writings or documents provided to a majority of the City Council regarding
any item(s) on this agenda will be made available for public inspection at the
City Clerk's Office at City Hall located at 78-495 Calle Tampico, La Quinta,
California, 92253, during normal business hours.
SPECIAL JOINT MEETING 2 FEBRUARY 23, 2017
CITY COUNCIL, CITY BOARDS, AND CITY COMMISSIONS
HAND OUTS
SPECIAL JOINT
CITY COUNCIL
CITY BOARDS
& COMMISSIONS
MEETING
FEBRUARY 23,2017
PROJECTIONS BY IRSCAL YEAR
Actuals
Budget
Fiscal Year
2015/16
2016/17
Assumptions
2017/18
2018/19
2019120
2020/21
2021/22
2022123
2023124
2024/25
2025/26
Total
Model Year
-
1
2
3
4
5
6
7
8
9
10
Years 1- 10
A
B
A
B
B
A
A
A
A
A
A
Revenues
Property Tax
8,798,296
8,411,200
2%
1%
8,579,424
8,665,218
8,751,870
8,926.908
9,105,446
9,287,555
9,473,306
9,662,772
9,856,028
90,719,727
Sales Tax
8,394,276
8,604,000
2%
1"%
8,776,080
8,863,841
8,952,479
9,131,529
9,314,159
91500,443
9,690,451
9,884,260
10,081,946
92,799,188
Doc Transfer Tax
516,964
531,000
1%
1%
536,310
541,673
547,090
552,561
558,086
563,667
569,304
574,997
580,747
5,555,435
Transient Occupancy(Hotel)Tax
7,442,169
7,240,400
2%
1.50°%
7,385,208
7,495,986
7,608.426
7,760,594
7,915,806
8,074,122
8.235,605
8,400,317
8,568,323
78,684,788
Franchise Fees
1,799,937
1,590,000
1%
1%
1,605.900
1,621,959
1,638.179
1,654,560
1,671,106
1,687.817
1,704.695
1,721,742
1,738,960
16,634,918
Business License
334.465
307,000
1%
1°%
310,070
313,171
316,302
319,465
322,660
325,887
329,146
332,437
335,761
3,211,899
Development Related Permits'
827,353
965,400
1%
075%
975,054
982.367
989,735
999,632
1,009,628
1.019.725
1,029,922
1,040,221
1,050,623
10,062,307
Motor Vehicle In -Lieu
3,651,549
3,635,500
2%
1.75%
3.708,210
3.773,104
3,839,133
3,915.916
3,994.234
4,074.119
4,155,601
4,238,713
4,323,487
39,658.016
Fire Service Credit
5,349.900
6,571,300
2°%
1.75%
6,702,726
6,820,024
6,939.374
7,078,162
7,219,725
7,364.119
7,511,402
7.661,630
7,814,862
71,683,323
Other Intergovemmental�
538,589
405,400
2%
2%
413,508
421,778
430.214
438,818
447,594
456,546
465,677
474,991
484.491
4.439,017
Charges for Services'
1,333,213
1,473,400
1°%
1%
1,488.134
1.503,015
1,518,045
1,533,226
1,548,558
1,564,044
1,579,684
1,595,481
1,611,436
15,415,024
Fines & Assessments
283,075
244,400
1%
1%
246.844
249,312
251,806
254,324
256,867
259,436
262,030
264,650
267,297
2.556,965
Other Revenues°
2,123,448
1,014,200
1%
1%
1.024,342
1,034.585
1,044,931
1,055,381
1,065,934
1,076,594
1,087,360
1,098,233
1,109,216
10,610,776
Transfers In
27,419
190,400
0%
0%
190,400
190,400
190,400
190,400
190,400
190,400
190,400
190,400
190.400
1,904,000
SilverRock Resort Net Revenue
275,542.
531,392
1.263,623
2,522,764
2,963.885
2,842,483
3,222.522
3,542.397
17,164,608
TOTAL REVENUES
41,420,653
41,183,600
41,942,210
42.751,976
43,549,376
45,075,098
47,142,969
48,408,358
49,127,065
50,363,367
51,555,973
461,099,992
Expenditures
Salaries (PERS)
5.006,178
5,185,300
3 5%
5,366,786
5,554,623
5,749,035
5,950,251
6,158,510
6.374,058
6,597,150
6,828,050
7,067.032
60,830,793
Salaries (Non-PERS)
126,127
172,100
2%
175,542
179,053
182,634
186,287
190,012
193,813
197,689
201,643
205,675
1,884,447
PERS Costs
756,874
856,200
4%
890,448
926,066
963,109
1,001,633
1,041,698
1.083,366
1.126,701
1,171,769
1,218,640
10.279,629
Medical Insurance Costs
884.193
1,154,300
2%
1,177,386
1,200,934
1,224,952
1.249,451
1,274,440
1,299,929
1,325,928
1.352.446
1,379,495
12,639,263
Other Personnel Casts
520,944
736,600
1%
743.966
751,406
758.920
766,509
774,174
781,916
789,735
797,632
805.609
7,706,466
Maintenance & Operations'
7,986,983
8,894,400
2%
8,872,288
9,049,734
8,580,728
8,752,343
8,927,390
9,105,938
9,288,056
9,473,818
9,663,294
90,607,989
Police Contract
14,037,475
14,793,300
7%
15,828,831
16,936.849
18.122,429
19,390.999
20,748,369
22,200,754
23,754,807
25,417,644
27,196,879
204.390,860
Fire Services Contract
5,228,381
6,380,900
4%
6,636,136
6.901,581
7,177,645
7,464,750
7,763.341
8,073.874
8,396,829
8,732,702
9,082,010
76,609,769
Transfers Out
211,000
2,000
1%
2,020
2,040
2,061
2,081
2,102
2,123
2,144
2,166
2,187
20,924
SilverRock
115,400
401,300
0%
150,000
150,000
150,000
150,000
150,000
150,000
150,000
150,000
150,000
1,751,300
Baseline Capital Expenses
3359130
3,271,000
0%
1,552,000
1,552,000
1,552,000
1,552,000
1,552,000
1,552.000
1,552,000
1,552,000
1,552,000
17,239,000
TOTAL EXPENDITURES
38,232,685
41,847,400
41,395,403
43,204,286
44,463,512
46,466,304
48,582,036
50,817,771
53,181,039
55,679,869
58,322,821
483,960,439
Revenues to'Exlrenditures
3,187.968
(663,800)
646,908
(452,310)
(914,136)
(1.391.206)
(1,439,067)
(2,409,413)
(4,053,973)
(5,316.502)
(6,768, 48)
(2200.447)
Measure G (Sales Tax) - 1,000,000 2% 1%1 5,700,000
RDA Loan Repayment 1,581,491 1,826,881 3,077,066
'Development Related Permits: All operating revenue in licenses and permits except business licenses
ZOther Intergovermental: County Service Area 152 Assessments (street sweeping), contributions from other agencies
3Charges for Services: Sports, leisure, Wellness Center, planning and development revenues
°Other Revenues: Use of money and property, miscellaneous and TOT mitigation.
'Maintenance and Operations: All maintenance, operations, contract services, utilities, and internal service charges
6,340,000 7,609,607 7,761,799 7,917,0351 8,075,376 8,236,884 8,401,621 8,569,654 69,611,977
3,100, 000 3,100, 000 3,100, 000 3,100, 000 3,100, 000 3,100, 000 3,100, 000 3,100, 000 29, 703,947
STUDYSESSION ITEM NO. 1-C - MEETING RULES OF PROCEDURE
RESOLUTION NO. 2015 - 023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADOPTING AMENDED AND
RESTATED RULES OF PROCEDURE FOR COUNCIL MEETINGS
AND RELATED FUNCTIONS AND ACTIVITIES
WHEREAS, Section 2.04.040 of the La Quinta Charter and Municipal Code and
State Government Code Section 54954(a) requires that the City Council adopt Rules of
Procedure to govern the conduct of its meetings and any of its other functions and
activities, and regulations pertaining thereto; and
WHEREAS, due to changes in law, policy and/or practice, Council Rules of
Procedure require examination and updating from time to time; and
WHEREAS, this resolution supersedes all previous City Council Resolutions
adopting Rules of Procedure,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City'of La Quinta,
California, that the Rules of Procedure for City Council Meetings and Related Functions
and Activities attached hereto as Exhibit A are hereby adopted.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 2nd day of June, 2015 by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
r
LINDA EVANS, Mayor
City of La Quinta, California
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 2
ATTEST:
SUSAN MAYSELS, City C k .
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 3
EXHIBIT A
AMENDED AND RESTATED
RULES OF PROCEDURE
FOR COUNCIL MEETINGS
AND RELATED FUNCTIONS AND ACTIVITIES
PURPOSE
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.
The rules of procedure set herein shall be in addition to the provisions of the Ralph M.
Brown Act and all other applicable state government codes. In the event of a
conflict between the rules set by the City Council and California Code, the provisions
of California State Code shall prevail.
APPLICABILITY
Unless otherwise provided by resolution of the City Council, a city authority, or city
agency, the rules of procedure outlined below apply to all city -established entities
including, but not limited to the following:
La Quinta City Council
La Quinta Housing Authority
La Quinta Financing Authority
Successor Agency to the La Quinta Redevelopment Agency
All City Boards, Commissions, and Committees
1. MEETINGS
1.1 REGULAR MEETINGS:
The City Council of the City of La Quinta shall hold regular meetings in the place
specified in the Municipal Code, on the first and third Tuesdays of each month. The
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 4
open session portion of regular meetings shall begin at 4:00 p.m. The closed session
portion of regular meetings, if needed, may begin between 3:00 p.m. and 4:00 p.m.,
or may be scheduled any time before meeting adjournment in accordance with a
duly noticed agenda. The public hearing portion of the meeting shall be the time set
forth in the published public hearing notice, or if none is required, the time set forth
in the posted agenda.
When the day for a regular meeting of the Council falls on a legal holiday, no
meeting shall be held on that day; rather, such meeting shall be held at the same
hour on the next business day unless otherwise determined by the City Council.
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 Government Code Sections 3511.1(d), 36807 and
54956(b). Only matters contained in the notice may be considered and no
ordinances (other than urgency ordinances) may be adopted, nor may matters
concerning the salaries, salary schedules, stipend, bonus or compensation paid in the
form of fringe benefits, of the City Manager, any Department head, or any employee
whose position is held by an employment contract, be acted upon. Notice of special
meetings shall be posted in accordance with Section 1.4.
1.4 NOTICE OF MEETINGS. POSTING OF AGENDAS:
The City Clerk, or designee, shall post a meeting agenda in the following locations at
least 72 hours before each regular meeting of the City Council, to wit: (1) the public
bulletin board located outside the Village Post Office at 51321 Avenida Bermudas, (2)
the public bulletin board located outside Stater Brothers Supermarket at 78-630
Highway 111 and, (3) the City's internet web site.. The City Council finds and
determines that all locations are freely accessible to the public and the Council
further finds and determines that the City is legally required to post an agenda in
only one freely accessible location and on the City's web site. This direction to post
in all locations is directory only and not mandatory. Other locations may be added
as deemed appropriate. Following posting of said agenda, the City Clerk or
designee, shall sign a declaration of the date and place of the posting of the said
agenda and shall retain said declaration of posting as a public record as part of the
Council meeting record to which the posting relates. The provisions of this section as
to place of posting and declaration of posting shall also apply to the special meeting
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 5
posting requirements of Government Code. 54956: To the extent not required by
State law, the provisions hereof are directory only.
1.5 QUORUM:
Unless otherwise provided for in the Municipal Code, a majority of the Council shall
be sufficient to do business and motions may be passed 2-1 if only 3 attend. The
following matters, however, require three affirmative votes: (a) adoption of
ordinances and resolutions, (b) orders for payment of money, and (c) adoption or
amendment of a specific or general plan.
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
members eligible to vote, shall constitute a quorum.
1.6 MEETINGS TO BE PUBLIC:
Study Sessions and all regular, adjourned or special meetings of the City Council shall
be open to the public, provided, however, the Council may hold closed sessions
from which the public may be excluded, which closed sessions shall only be held in
accordance with the provisions of the Brown Act (Government Code 54950 etc.).
1.7 MEETING ATTENDANCE VIA TELECONFERENCE:
(a) The use of teleconferencing for a Councilmember to attend a City Council
meeting is permitted subject to compliance with the provisions of Government Code
Section 54953, as amended.
(b) All provisions of the Ralph M. Brown Act shall apply to the teleconferenced
meeting location including agenda posting, public accessibility, ADA compliance,
opportunity for the public to address Council directly, and availability of agendas.
(c) All votes taken during a teleconferenced meeting shall be by roll call.
(d) So that the City Clerk may comply with the Ralph M. Brown Act, one week
advance written notice to the City Clerk must be given by the Councilmember who
wishes to attend via teleconference; the notice must include the location name and
address, which must specifically include the room/suite number, at which the
teleconferenced meeting will occur, who is to initiate the telephone call to establish
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 6
the teleconference connection, and the telephone number of the teleconference
location (the telephone number... Will not be made public).
(e) The Councilmember attending by teleconference shall (1) provide the City
Clerk with a photograph showing the agenda posted at the teleconference location,
or a written statement that the agenda has been posted, which the City Clerk shall
retain with the original agenda packet materials, and (2) identify him/herself and
acknowledge whether or not members of the public are in attendance at the
teleconference location.
(f) Only one Councilmember per meeting may attend by teleconferencing.
(g) Each Councilmember may attend a regular City Council meeting via
teleconference a maximum of twice per calendar year.
(h) Upon receipt of notification of intent to attend via teleconference from one
Councilmember, the City Clerk shall forward the notice to all Councilmembers.
1.8 CLOSED SESSION MINUTES:
Pursuant to Section 54957.2 of the California Government Code, the City Clerk of the
City of La Quinta may be required to attend closed session of the City Council, and
keep and enter in a minute book a record of topics discussed and decisions made at
each meeting. Closed Session minutes, if produced, shall not be a public record
subject to inspection pursuant to the California Public Records Act, and shall be kept
confidential pursuant to the Government Code.
2. AGENDA
2.1 ORDER OF BUSINESS:
Except as otherwise provided by law, no action or discussion shall be undertaken on
any item not appearing on the posted agenda, except that Councilmembers or staff
may, on their own initiative .or in response to public comments, briefly respond to
statements made or questions posed during the public comment period, ask
questions for clarification, make a brief announcement, make a brief report on his/her
own activities, provide a reference to staff, request staff to report back to the Council
at a subsequent meeting, or take action to direct staff to place a matter on a future
agenda.
The order of business of each meeting shall be as contained in the Agenda prepared
by the City Clerk and shall contain the following category headings:
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 7
CALL TO ORDER
ROLL CALL
*PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA (place before closed session)
CLOSED SESSION (may be taken up before, after or during breaks in the open portion of the meeting)
*PLEDGE OF ALLEGIANCE
*PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
CONFIRMATION OF AGENDA
*ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
CONSENT CALENDAR (will include Minutes)
BUSINESS SESSION
*STUDY SESSION
*DEPARTMENTAL REPORTS
*REPORTS AND INFORMATIONAL ITEMS
*MAYOR AND COUNCILMEMBERS ITEMS
*PUBLIC COMMENT (only needed if there is a Public Hearing(s) on the agenda)
*PRESENTATIONS (only needed if there is a late presentation item)
PUBLIC HEARINGS
ADJOURNMENT
The Presiding Officer may change the order of business to accommodate participants,
councilmembers, staff, or consultants; expedite the meeting; or meet public hearing
notice times.
*These portions of the agenda shall be used for discussion and direction to
staff; no formal actions are to be taken.
2.2 DELIVERY OF AGENDA:
Barring insurmountable difficulties, the agenda packet shall ordinarily be delivered to
Councilmembers each Thursday preceding the Tuesday meeting to which it pertains.
The agenda packet shall also be available to the public at the time it is delivered to
the City Council.
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.
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 8
2.4 APPROVAL OF MINUTES:
Action minutes shall be prepared after every meeting. Unless requested by a
majority of the City Council, minutes of the previous meeting may be approved as a
Consent Calendar item without public reading if the City Clerk has previously
furnished each Councilmember with a copy thereof.
2.5 PUBLIC HEARINGS:
Generally, public hearings shall be conducted in the following order:
• Staff presentation
• Questions of Staff by Council
• Public hearing opened by Presiding Officer
• Public testimony
• Public hearing closed by Presiding Officer
• Questions by Council
• Discussion by Council
• Action by Council
Questions or comments from the public shall be limited to the subject under
consideration. Depending upon the extent of the agenda, and the number of
persons desiring to speak on an issue, the Presiding Officer may, at the beginning of
the hearing, limit testimony, but in no event to less than 3 minutes per individual.
Any person may speak for a longer period of time, 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 or has graphic or slide presentations requiring more time.
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 COMMENT:
Pursuant to Government Code 54954.3, each agenda for a regular meeting shall
provide an item entitled "Public Comment". The purpose of such item shall be to
provide an opportunity for members of the public to directly address the City Council
on items of interest to the public that are within the subject matter jurisdiction of the
City Council. In order to assure that the intent of Government Code 54954.3 is
carried out, three (3) minutes is the amount of time allocated for each individual
speaker. At any time, before or after the oral communication is commenced, the
Presiding Officer may, if s/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.
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 9
On items of public comment or discussion, any matter raised by the public which
does not specifically appear on the agenda may be added to a future agenda in
accordance with Section 2.9. It is hereby determined that such requests or direction
by a Councilmember shall not be considered action taken by the Council on said item
raised by the public. Further, Council discussion of the matter shall not be
considered action taken.
2.7 CONSENT AGENDA:
Items of routine nature, and non -controversial, shall be placed on the consent
agenda. All items may be approved by one blanket motion upon unanimous
consent. Any Councilmember may request that any item be withdrawn from the
consent agenda for separate consideration.
2.8 MAYOR AND COUNCILMEMBER ITEMS:
The Mayor and Councilmembers shall provide brief reports on meetings attended at
the expense of the local agency at the next regular meeting of the Council.
2.9 ADDING ITEMS TO A FUTURE AGENDA:
An item may be placed on a future agenda by any of the following methods:
(a) Items for discussion only, no action, no staff report - a Councilmember may
request that a matter requiring significant discussion be placed on a future
agenda under the MAYOR AND COUNCILMEMBER ITEMS section either during a
Council meeting or by contacting the City Manager with the item title and
desired meeting date. At the requesting Councilmember's option, s/he may
prepare a short report to be included in the agenda packet provided s/he meets
the agenda production deadlines. : .
(b) Items for discussion and/or' vote requiring a staff report - a Councilmember
who wishes to place a matter on a future agenda that requires staff research,
analysis and/or report(s) or a vote to commit City resources shall first bring the
matter to Council as noted in (a) above and obtain Council consensus to direct
staff to move forward and place the item on a future agenda. Council shall not
take action on the matter itself.
(c) By the Mayor, City Manager or City Attorney
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 10
3. PRESIDING OFFICER
3.1 PRESIDING OFFICER:
The Mayor shall be the Presiding Officer at all meetings of the Council. In the
absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both
the Mayor and the Mayor Pro Tempore, the senior Councilmember shall preside. If
there are two Councilmembers with equal seniority, then the one who received the
highest number of votes in the election shall be the Presiding Officer.
3.2 MAYOR PRO TEMPORE:
In accordance with Government Code Section 36801, the Council shall choose one of
its members as Mayor Pro Tempore at the meeting at which the declaration of the
election results for a general municipal election is made. During odd numbered
years, the Council shall choose one of its members as Mayor Pro Tempore during a
regular meeting in the last calendar quarter of the year. Each selection shall be by
three or more affirmative votes, and a failure to achieve such total of affirmative
votes, shall be deemed a selection of the incumbent to remain in office. Each person
so selected shall serve until a successor is chosen (at any time) by three or more
affirmative votes.
3.3 CALL TO ORDER:
The meeting of the City Council shall be called to order by the Presiding Officer.
3.4 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 s/he shall not
be deprived of any of the rights and privileges of a Councilmember by reason of acting
as Presiding Officer. However, the Presiding Officer is primarily responsible for the
conduct of the meeting. If s/he desires to personally engage in extended debate on
questions before the Council, s/he should consider turning the Chair over to the Mayor
Pro Tempore.
3.5 QUESTION TO BE STATED:
The Presiding Officer shall verbally restate each question immediately prior to calling
for the vote. Following the vote, either the Presiding Officer or the City Clerk shall
verbally announce the result in accordance with Section 7.1. The Presiding Officer
may publicly state the effect of the vote for the benefit of the audience before
proceeding to the next item of business.
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 11
3.6 SIGNING OF ORDINANCES AND RESOLUTIONS:
The Presiding Officer shall sign ordinances and resolutions adopted by the City
Council. The City Clerk, or Deputy City Clerk, shall attest to the signature of the
Presiding Officer.
3.7 MAINTENANCE OF ORDER:
The 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
Presiding Officer. All questions and remarks shall be addressed to the Presiding
Officer.
3.8 CITY CLERK POSITION:
In accordance with Government Code Section 36804, if the City Clerk is absent, the
Deputy City Clerk shall act. If there is none, the Presiding Officer shall appoint one of
the Councilmembers as City Clerk Pro Tempore.
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
member 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 - COUNCIL MEMBERS:
(a) Any Councilmember desiring to speak shall address the Presiding Officer and,
upon recognition by the Presiding Officer, shall confine him/herself to the question
under debate.
(b) 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.
(c) Any Councilmember called to order while s/he is speaking shall cease speaking
immediately until the question of order is determined. If ruled to be in order, s/he
shall be permitted to proceed. If ruled to be not in order, s/he shall remain silent or
shall alter his/her remarks so as to comply with rules of the Council.
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 12
(d) 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.
(e) 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 the Presiding
Officer to so act.
(fl Except where specifically authorized by City Council action or for purely
ceremonial purposes, no Councilmember attending a City commission or committee
meeting shall make any statement or give the appearance or indicate in any way that
s/he is representing the City. When making a comment at such a meeting, the
Councilmember should make it clear that s/he is speaking solely as an individual.
Unless officially appointed to participate on a committee, Councilmembers should
make an effort not to insert themselves into or take positions on matters which will or
are likely to be the subject of public hearings or will be decided upon by the City
Council after considering the entire issue.
4.3 DECORUM AND ORDER - EMPLOYEES:
City Employees and Contractors shall observe the same rules of procedure and
decorum applicable to members of the Council. The City Manager shall ensure that all
City employees observe such decorum. Any staff members, including the City
Manager, desiring to address the Council or members of the public shall first be
recognized by the Presiding Officer. All remarks shall be addressed to the Presiding
Officer 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 making impertinent and
slanderous remarks or who becomes boisterous while addressing the Council or while
attending the Council meeting shall be removed from the room if the sergeant -of -
arms is so directed by the Presiding Officer, and such person may be barred from
further audience before the Council. Unauthorized remarks from the audience,
stamping of feet, whistles, yells and similar demonstrations shall not be permitted by
the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders
from the room. Aggravated cases shall be prosecuted on appropriate complaint
signed by the Presiding Officer.
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 13
4.5 ENFORCEMENT OF DECORUM:
The head of the City's police agency or designee shall be ex-officio sergeant -of -arms
of the Council. S/he shall carry out all orders and instructions given by the Presiding
Officer for the purpose of maintaining order and decorum in the Council Chambers.
Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -of -
arms or his/her representative to eject any person from the Council Chambers or place
him/her 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 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 interrupt a meeting and address the Council on a question of
personal privilege shall be limited to cases in which his/her 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
conflicts of interest codes adopted by the Council. Any Councilmember disqualified
from voting because of a conflict of interest shall do all of the following: (1) publicly
identify the financial interest in detail sufficient to be understood by the public, (2)
recuse him/herself from discussing and voting on the matter, and (3) leave the dais
until after the discussion, vote, and any other disposition of the matter is concluded,
unless the matter has been placed on the Consent Calendar. Any Councilmember
disqualified from voting due to a conflict of interest -may speak on the issue from the
public podium during the time that the general public speaks on the issue. The
Councilmember disqualified from voting due to a conflict of interest shall be marked
absent from the vote for the item on the minutes, unless the item is on the Consent
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 14
Calendar, in which case, the Councilmember will be marked as having abstained.
4.8 LIMITATION OF DEBATE:
Councilmembers should speak only once upon any one subject until every other
member choosing to speak thereon has spoken. No member shall speak for a longer
time than five minutes each time s/he has the floor, without approval of a majority
vote of the Council.
4.9 DISSENTS AND PROTESTS:
Any member 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
reason ..."
4.10 PROCEDURES IN ABSENCE OF RULES:
In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order,
Newly Revised, shall be used as a guide.
4.11 RULINGS OF PRESIDING OFFICER FINAL UNLESS OVERRULED:
In presiding over 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 voting.
5. ADDRESSING THE COUNCIL
5.1 MANNER OF ADDRESSING THE COUNCIL:
Any member of the public desiring to address the Council shall proceed to the podium
and wait to be recognized by the Presiding Officer. After being recognized, s/he shall
state his/her name and/or the party s/he is representing (unless otherwise determined
by the city attorney to be unnecessary), the subject s/he wishes to discuss, and city of
residence.
All remarks and questions shall be addressed to the Presiding Officer and not to any
individual Councilmember, staff member or other person. The Presiding Officer shall
be addressed at all times as Madam/Mister [title], e.g. Madam Mayor, Mr. Mayor Pro
Tem. Councilmembers shall be addressed as Councilmember [last name]. The Council
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 15
as a body shall be addressed: Madam/Mister Mayor and Members of the City Council
The Presiding Officer shall not permit any communication, oral or written, to be made
or read where it. is not within the subject matter jurisdiction of the City Council. 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:
For time limitation applicable to public hearings and public comment, see Sections 2.5
and 2.6.
5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE:
After a motion has been made, or after a public hearing has been closed, no member
of the public shall address the Council without first securing permission by a majority
vote of the Council.
5.4 PERSONS AUTHORIZED TO BE WITHIN PLATFORM:
No person except City Officials shall be permitted behind the City Council dais without
permission or consent of the Presiding Officer.
6. MOTIONS
6.1 PROCESSING OF MOTIONS:
When a motion is made and seconded,
before debate. A motion so stated shall
consent of the person seconding it.
6.2 MOTIONS OUT OF ORDER:
it shall be stated by the Presiding Officer
not be withdrawn by the mover without the
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 divisional propositions, the Presiding Officer may,
and upon request of a member shall (unless appealed), divide the same.
6.4 PROCEDURE OF MOTIONS:
When a motion is before the Council, no motion shall be entertained except the
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 16
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
(D 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 member while speaking.
(c) When discussion has been ended, and vote on motion is pending, and
(d) While a vote is being taken.
6.6 MOTION TO FIX HOUR OF ADJOURNMENT:
Such a motion shall be to set a definite time at which to adjourn and shall be
debatable and shall be amendable 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 next regular meeting.
6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION:
Such a motion shall be used to limit or close debate on, or further amendment 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 discussed only as to the amendment. A motion to amend
an amendment is possible but no additional motions to further amendments may be
made. Any amendment shall relate to the original motion and not introduce a
different matter. Amendments shall be voted first, then the main motion as
amended. Alternatively, the original maker of the main motion may agree to revise
the original motion and if the second agrees to second the revised motion, the Council
may vote on the main motion as revised.
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 17
7. VOTING PROCEDURE
7.1 VOTING PROCEDURE:
In acting upon every motion, the vote shall be taken by electronic voting and the
Presiding Officer or the City Clerk shall verbally announce (1) whether the question
carried or was defeated, (2) the vote tally, and (3) the vote of each Councilmember. In
the event the electronic voting machine is not functioning, the vote shall be taken by
roll call. The vote on each motion shall then be entered in full upon the record. The
order of voting shall be alphabetical with the Mayor voting last. The City Clerk shall
call the names of all members seated when a roll call vote is ordered or required.
Members shall respond 'aye', 'no' or 'abstain'.
Every ordinance and resolution, orders for franchises or payments of money, or
adoption or amendment of a specific or general plan require three .affirmative votes.
Any member may change his/her vote before the next order of business.
1.2 ABSTENTIONS AND FAILURE TO VOTE:
A Councilmember who abstains due to reasons of conflict shall, for purpose of the
item under consideration, be considered as if absent. A Councilmember abstaining for
reasons other than conflict shall be counted as present for purposes of a quorum and
such abstentions are counted with the majority. A Councilmember who leaves the
dais solely to avoid participating in a specific item shall, in absence of a conflict, be
counted as if they were present but abstaining and such abstentions are also counted
with the majority.
7.3 RECONSIDERATION:
Any Councilmember who voted with the majority may move a reconsideration of any
action at the same meeting or, within seven (7) calendar days, request in writing to
the City Manager or City Clerk that it be agendized for consideration at the following
meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the
next business day. In the event that the subject of the reconsideration is a motion
that failed as the result of a tie vote, any Councilmember who voted against the
earlier motion may move for reconsideration within the same seven (7) calendar day
period. If the motion to reconsider passes, then the original item may be reconsidered
at that time or agendized for the next meeting that meets any applicable noticing
requirements. After a motion for reconsideration has once been acted upon, no other
motion for reconsideration thereof shall be made without unanimous consent of the
Council.
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 18
7.4 TIE VOTES:
Tie votes shall be lost motions unless an additional motion is made which obtains a
majority vote to break the tie. 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. If a tie vote 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.
Notwithstanding the above, if a tie vote results at a time when one or more
Councilmember(s) are abstaining for reasons other than conflict of interest then, in
that instance, the abstention vote shall be counted in favor of the motion thereby
breaking the tie vote.
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 (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, two terms are in general use to
denote such (non -ordinance) actions: "resolution" and "motion" (thereafter recorded
by minute entry). Technically, both are equally as legally effective and binding; they
just vary in the formality of respective memo rialization. The most formal is referred to
locally as a "resolution". This, in addition to being referenced in the minutes, will be
recorded by a separate document, numbered in sequence, and preserved in a
separate set of books. Such "resolutions" are used in this City 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.
A "motion" as used locally denotes 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 unless it is a motion to adopt an
ordinance or resolution.
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 19
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 result
declared. It shall not be necessary to read a resolution in full or by title except to
identify it. Any member may require that the resolution be read in full.
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.
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. 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:
Except as provided otherwise by law, all ordinances shall take effect 30 days after
their final passage 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 post or publish all ordinances in accordance
with Section 36933 of the Government Code within 15 days after adoption.
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 20
10. POLITICAL ACTIVITIES
(A) Councilmembers shall not use, or attempt to use, 'their position, office or
authority to influence, aid or obstruct any City employee from securing any position,
nomination, confirmation or promotion, or change in compensation or position in the
City upon consideration or condition that the vote or political influence or action of
such person or another shall be given or used in behalf of, or withheld from, any
candidate, officer, or party, or upon any other corrupt condition or consideration.
This prohibition shall apply to urging or discouraging the individual employee's action.
(B) A Councilmember or candidate shall not, directly or indirectly, solicit political
funds or contributions, knowingly, from other officers or employees of the local
agency or from persons on an employment list of the City, with the knowledge that
the person from whom the contribution is solicited is an officer or employee of the
City. This section shall not prohibit the Councilmember from requesting political
contributions from officers or employees of the City if the solicitation is part of a
solicitation made to a significant segment of the public, which may include officers or
employees of the City.
(C) No Councilmember or candidate shall engage in political activity during working
hours in City offices or work areas where such activity would disrupt the workplace.
For purposes of this section, City offices, or work areas includes the areas behind the
public counters, but excludes the Council Chambers and Councilmember offices.
11. AUTHORITY TO BIND THE CITY
No Councilmember, officer,. official, employee, agent or consultant of the City, without
the majority vote of the Council, or unless otherwise provided in these Rules of
Procedure or by resolution of the Council, shall have any power or authority to bind
the City by any contract, to pledge its credits, or to render it liable for any purpose in
any amount.
12. EXECUTION OF CONTRACTS, DEEDS, AND OTHER DOCUMENTS
Except as otherwise authorized by resolution of the City Council, either the Mayor or
City Manager, or in the absence of both, such person as the City Manager may
designate in writing pursuant to Municipal Code section 2.08.050 and 2.08.060, shall
sign all contracts, deeds and other written instruments on behalf of the City when
such have been approved by the City Council. The City Clerk shall attest to the
Resolution No. 2015-023
Amended and Restated Rules of Procedure
Adopted: June 2, 2015
Page 21
signature of the signer, unless attestation is not required.
13.RULES DIRECTORY
To the extent not required by State laws, these rules of procedure shall be considered
directory only; and compliance herewith shall not be considered mandatory or
jurisdictional.
POWER POINTS
SPECIAL JOINT
CITY COUNCIL
CITY BOARDS
& COMMISSIONS
MEETING
FEBRUARY 23,2017
Special Joint Meeting of the City
Council, Boards and Commissions
February 23, 2017
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G EM o f the DESER [,
Agenda
• Revenue Projections
• SilverRock Development
• Meeting Rules of Procedure
• Questions & Comments
2/27/2017
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