CC Resolution 1995-030 Rules of Procedure^#HF RESOLUTION NO.95-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA ADOPTING RULES OF PROCEDURE FOR
COUNCIL MEETINGS AND RELATED FUNCTIONS AND
ACTIVITIES.
WHEREAS, Section 2.04.040 of the Municipal Code 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;
WHEREAS, this resolution supersedes City Council Resolution No.93-95
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta that Rules of Procedure for City Council meetings and related functions and activities
are hereby adopted, to read, as follows:
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.
1. ME*NGS
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 fffst and third Tuesdays of each month at 3:00 p.m.
with public hearings being scheduled for 7:00 p.m. 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 succeeding day thereafter that is not a holiday.
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.
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1.3 SPECIAL MEETINGS:
Special Meetings may be called by the Mayor or majority of Council Members on 24-
hour notice, as set forth in Section 54956 of the Government Code of the State of California.
Only matters contained in the notice may be considered and no ordinances other than urgency
ordinances) may be adopted. Notice of special meetings shall be posted in accordance with
Section 1.5.
1.4 STUDY SESSIONS:
Members of the Council may meet in a regular Study Session during its regular
meeting at 3:00 p.m. on the fffst and third Tuesday of each month. Other Study Sessions may
be called on an as needed" basis.
1.5 NOTICE OF MEETINGS. POSTING OF AGENDAS:
The City Clerk, or designee, shall post a meeting agenda in the following two locations
at least 72 hours before each regular meeting of the City Council, to wit: 1) the bulletin
board in front of the Civic Center; and 2) on public bulletin boards located within the City.
The City Council fmds and determines that both locations are freely accessible to the public
and the Council further finds and determines that the City is legally required to post an agenda
only at the Civic Center location and this direction to post in both locations is directory only
and not mandatory. 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 posting requirements of Government Code 54956. To
the extent not required by State law, the provisions hereof are directory only.
1.6 QUORUM:
Unless otherwise provided for in the Munlcipal 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, b) resolutions
granting franchises, and c) orders for payment of money.
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
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number of its disqualified members which, when added to the members eligible to vote, shall
constitute a quorum.
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, 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.).
1.8 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. The
confidentiality of such minutes shall be maintained pursuant to the Government Code.
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. The Agenda shall be a listing by topic of the subjects which shall be taken up
for consideration in the following order:
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CONFIRMATION OP AGENDA
APPROVAL OF MINUTES
PUBLIC COMMENT
ANNOUNCEMENTS
PRESENTATIONS
WRITTEN COMMUNICATION
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
REPORTS AND INFORMATIONAL ITEMS
DEPARTMENTAL REPORTS
MAYOR AND COUNCIL MEMBERS ITEMS
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PUBLIC COMMENT
PRESENTATIONS
PUBLIC HEARINGS
CLOSED SESSION
ADJOURNMENT
Except with majority consent of the Council, items may not be taken out of order.
2.2 DELIVERY OF AGENDA:
Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to Council
Members each Friday preceding the Tuesday meeting to which it pertains.
The Agenda shall also be available to the general public at the time it is delivered to the
City Council.
2.3 ROLLCALL:
Before proceeding with the business of the Council, the City Clerk shall call the roll of
the Council Members 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 clerk has previously furnished each Council
Member with a copy thereof.
2.5 PUBLIC HEARINGS:
Generally, public hearings shall be conducted in the following order:
Hearing opened by Mayor
Staff presentation
Questions of Staff by Council
Public testimony opened by Mayor
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Public testimony
Hearing closed
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 Mayor may, at the beginning of the hearing, limit testimony, but in
no event to less than 5 minutes per individual, and 30 minutes total for an applicant's total
presentation. 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, the following time periods
are hereby provided for public comment or discussion: thirty 30) minutes is the total amount
of time allocated for public testimony on a particular issue; and three 3) minutes is the amount
of time allocated for each individual speaker.
Government Code 54954.2 provides that no action shall be taken on any item not
appearing on the agenda unless the action is authorized by Government Code 54954.2 1,). On
items of public comment or discussion, any matter raised by the public which does not
specifically appear on the agenda shall, upon direction of any Council Member, be
automatically referred to the staff or placed on the next meeting's agenda. It is hereby
determined that such requests or direction by a Council Member 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. Prior to, or
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following review of the consent agenda by the City Manager, any Council Member may
request that any item be withdrawn from the consent agenda for separate consideration.
However, any Council Member may abstain from voting on any consent agenda, and the City
Clerk shall be instructed to record such abstentions in the minutes.
3.
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 Council Member shall preside. If there are two Council
Members with equal seniority, then the one who received the highest number of votes in the
election shall be the Presiding Officer.
In accordance with Government Code Section 36801, the Council shall meet on the
Tuesday after each general municipal election and choose one of its number as Mayor Pro
Tempore. 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(s) to remain in
office. Each person so selected shall serve until a successor is chosen at any time) by three or
more affirmative votes, provided that at the second regular meeting in November of each odd
numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the
Council.
3.2 CALL TO ORDER:
The meeting of the Council shall be called to order by the Mayor, or in his/her
absence, by the Mayor Pro Tempore. In the absence of both the Mayor and the Mayor Pro
Tempore, the meeting shall be called to order by the senior Council Member as determined in
Section 3.1, who shall serve as 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 Council Members, and he shall not be
deprived of any of the rights and privileges of a Council Member by reason of his acting as
Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of
the meeting. If he desires to personally engage in extended debate on questions before the
Council, he should consider turning the Chair over to another member.
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3.4 QUESTION TO BE STATED:
The Presiding Officer shall verbally restate each question immediately prior to calling
for the vote. Following the vote the Presiding Officer shall verbally announce whether the
question carried or was defeated. The Presiding Officer may 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 Tempore, or Acting Presiding Officer, in the absence of the
Mayor, shall sign ordinances adopted by the City Council. The City Clerk, or Deputy City
Clerk, shall attest to the signamre of the Mayor or Mayor Pro Tempore.
3.6 MMNTENANCE 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 fffst 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
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 Council Member desiring to speak shall address the Chair and, upon
recognition by the Presiding Officer, shall confme himself to the question under debate.
b) A Council Member, 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
Council Member; or unless the speaker chooses to yield to questions from another Council
Member.
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c) Any Council Member 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.
d) Council Members 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 Council Member 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.
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 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 Chair. All remarks shall be addressed to the Chair and not to any one
individual Council Member 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.
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. He shall carry out all orders and instructions given him 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
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representative to eject any person from the Council Chambers 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
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 Council Members 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 Council Member prevented from voting
because of a conflict of interest shall refrain from debate and voting. and will be considered
absen* Such Council Member may choose to leave the Council Chamber during debate and
voting on the issue.
4.8 LIMITATION OF DEBATE:
No Council Member normally should speak more than 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 he has the floor, without approval of a majority vote
of the Council.
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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 reasons
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 CHAIR FINAL UNLESS OVERRULED:
In presiding over Council meetings, the Mayor, Mayor Pro Tempore 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 Council Members 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, he shall state his
name and address for the record.
All remarks and questions shall be addressed to the Chair and not to any individual
Council Member, 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:
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:
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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 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS:
The making of oral communications to the Council by any member of the public during
the lublic Comments" portion 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 Council Members, pursuant to Section 5.5.
5.6 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. M**IQN*
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 the
person seconding it.
6.2 MOTIONS OUT OF ORDER:
The Presiding Officer may at any time, by majority consent of the Council, permit a
member to introduce an ordinance, resolution, or motion out the regular agenda order.
6.3 DIVISION OP 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.
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6.4 PROCEDURE 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
0 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.
1)) 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.
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6.9 MOTION TO AMEND:
A motion to amend shall be debatable only as to the 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.
7. *
7.1 VOTING PROCEDURE:
In acting upon every motion, the vote shall be taken by electronic voting. In the event
the electronic voting machine is not flinctioning, 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 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 any resolutions or orders for franchises or payments of money
require three affirmative votes. Any member may change his vote before the next order of
business.
7.2 FMLURE TO VOTE:
A Council Member who abstains due to reasons of conflict shall, for purpose of the
item under consideration, be considered as if absent. A Council Member abstaining for
reasons other than conflict shall, be counted as present for purposes of a quorum and in the
case of a tie-vote, such abstentions are counted in favor of the motion.
7.3 RECONSIDERATION:
Any Council Member who voted with the majority may move a reconsideration of any
action at the same or following meeting. After a motion for reconsideration has once been
acted upon, no other motion for a reconsideration thereof shall be made without unanimous
consent of the Council.
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7.4 TIE VOTES:
Tie Votes shall be lost motions. When all Council Members 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 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. RE*QIIIQN*
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, three terms are in general use to denote such non-ordinance)
actions: resolution", minute order", and motion' thereafter recorded by minute entry).
Technically, all three are equally as legally effective and binding; they just vary in the
formality of respective memorialization. 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 minute order" 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. However, sequential numbering shall be assigned to each
motion to facilitate indexing.
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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.
Urgency resolutions shall be avoided except when absolutely necessary; and shall be
avoided entirely when resolutions are required by law, in improvement acts, zoriing matters,
or force account work on public projects. Where the resolution has been drafted in written
form, either before or during the meeting, this paragraph shall not be deemed applicable.
9. *IwINAN*E*
9.1 INTRODUCTION AND ADOPTION OP 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.
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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 post or publish all ordinances in accordance
with section 36933 of the Government Code within 15 days after adoption.
10. *
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.
PASSED, APPROVED and ADOPTED THIS 2nd day of May, 1995 by the
following vote:
AYES: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTMN: None
i**-;A,a;r
City of La Quinta, California
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^#HF I
Resolution No.95-30
ATTEST:
UNDRA L. JUH A, City Clerk
City of La Quinta, California
APPROVED AS TO FORM
*A& *
DAWN C. HONEYWELL, City Mtomey
City of La Quinta, California
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