La Quinta Municipal Code Ch. 2.04 Council

The regular meetings of the city council shall be held on the first and third Tuesday of each month at an hour to be established by resolution of the city council.

(Ord. 583 § 1, 2020; Ord. 163 § 1, 1990; Ord. 21 § 1, 1982; Ord. 4 § 1, 1982; Ord. 2 § 1, 1982)

The regular meetings of the city council shall be held at the City Hall, 78495 Calle Tampico, La Quinta, California.

(Ord. 583 § 1, 2020; Ord. 524 § 4, 2015; Ord. 232 § 1, 1993; Ord. 21 § 1, 1982; Ord. 4 § 1, 1982; Ord. 2 § 1, 1982)

Any member or other person using profane, vulgar, loud or boisterous language at any meeting or otherwise interrupting the proceedings, who refuses to be seated or kept quiet when ordered to do so by the mayor or other presiding officer of the council, is guilty of a misdemeanor.

(Ord. 583 § 1, 2020; Ord. 2 § 1, 1982)

The city council shall, by resolution, adopt rules of procedure to govern the conduct of its meetings, any of its other functions and activities, and regulations pertaining thereto.

(Ord. 583 § 1, 2020; Ord. 524 § 4, 2015; Ord. 2 § 1, 1982)

Compensation shall be paid to each member of the city council in the amount of two thousand three hundred dollars ($2,300.00) per month. The mayor shall receive additional compensation in the amount of five hundred dollars ($500.00) per month. Further, in the event a council member or the mayor wishes to utilize personal electronic devices or personal data service for city-related business communication rather than city-issued devices and/or service, an additional reimbursement pursuant to the city's adopted personnel policy shall be added to the monthly reimbursement amounts set forth herein. In the event that official duties require travel outside the Coachella Valley or overnight, the costs shall be reimbursed according to the city's adopted policy for such expenditures. The compensation amount will be effective from July 1, 2015.

(Ord. 583 § 1, 2020; Ord. 524 § 4, 2015; Ord. 442 § 1, 2007; Ord. 430 § 1, 2006; Ord. 419 § 1, 2005; Ord. 386 § 1, 2003; Ord. 335 § 2, 2000; Ord. 322 § 2, 1998; Ord. 231 § 1, 1993; Ord. 100 § 1, 1986; Ord. 83 § 1, 1985; Ord. 36 § 1, 1983; Ord. 11 § 1, 1982; Ord. 2 § 1, 1982)

Unless otherwise specifically provided in this code or by state law, all city board and commission appointments, except for ex officio members where applicable, shall be made by the city council.

(Ord. 583 § 1, 2020; Ord. 2 § 1, 1982)

A. Except when an appeals procedure is otherwise specifically set forth in this code, any person excepting to the denial, suspension, or revocation of a permit or license applied for or held by him or her pursuant to any of the provisions of this code, or aggrieved by an administrative decision made by any city official, if the denial, suspension, or revocation of the permit or license, or the determination of the administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, may appeal in writing to the council by filing with the city clerk a written notice of the appeal. Notwithstanding any other provision in this code to the contrary, the appellant must file the notice of appeal with the city clerk in addition to any other department or designated city officer identified in this code.

B. No appeal may be taken to any such administrative decision made by a city official pursuant to any of the provisions of this chapter unless the decision to appeal has been first taken up with the permit administrator and with the city manager, and each such official has not adjusted the matter to the appellant's satisfaction.

C. No right of appeal to the council from any administrative decision made by a city official pursuant to any of the provisions of this code shall exist when the decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, whether the administrative decision involves the denial, suspension, or revocation of a permit, license, or any other administrative decision. Also, there shall be no such right of appeal with regard to law enforcement activities involving state law.

D. In the event no appeal is made within the time period or in the manner prescribed in this code, the decision of the city official shall become final and conclusive on the expiration of the time fixed for an appeal.

(Ord. 583 § 1, 2020; Ord. 524 § 4, 2015; Ord. 2 § 1, 1982)

A. Any such notice of appeal shall not be acted upon unless filed within ten (10) calendar days after service of written notice of the action being appealed; provided, that if the notice of action has not been served in writing, the appellant may, within ten (10) calendar days after being apprised of the action, demand service of written notice thereof, and shall have ten (10) calendar days following such service in which to file the notice of appeal. If the tenth calendar day is a nonworking day for the city, the appeal period shall be extended to include the next city working day. No appeal shall be accepted after the appeal period has expired.

B. The notice of appeal shall be in writing and shall set forth: (1) name(s) of the person(s) filing the appeal ("appellants"); (2) the specific action being appealed; (3) the specific grounds of the appeal; (4) the relief or action sought from the city council; and (5) the signatures of all parties named as appellants and their mailing addresses. The notice of appeal may also include any additional information or documentation the appellant(s) wish to provide on the matter. The notice of appeal, or certain information contained in the notice of appeal, may be subject to public disclosure.

C. Except in those instances where an appeal is filed by the city manager or other public official in pursuance of official duties, the written notice of appeal from the action of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by such fee as may have been established by resolution of the city council. An appellant may request a waiver of a filing fee, which shall be reviewed and decided upon, based on the provisions set forth in Section 2.04.115 of this code.

D. Any appeal filed that fails to provide all of the information required by this section, or fails to include the appropriate filing fee, or both, shall be deemed incomplete. The city clerk shall return the incomplete appeal to the appellant with a brief statement explaining the reasons for the deficiency, and the appellant shall thereafter be allowed five (5) calendar days in which to perfect and refile the notice of appeal. If the fifth calendar day is a nonworking day for the city, the appeal period shall be extended to include the next city working day; no appeal shall be accepted after this period has expired.

(Ord. 583 § 1, 2020; Ord. 524 § 4, 2015; Ord. 2 § 1, 1982)

A. The city manager may waive the fee required for filing an appeal as set forth in Section 2.04.110 of this chapter or in any other applicable city code section if the appellant meets the requirements of this section.

B. The party seeking the fee waiver must be the real, and not nominal, party in interest, and shall not be granted a waiver if there are any interested parties financially capable of paying the fee.

C. Subject to the limitations of subsection B of this section, waiver of the fee shall be granted by the city manager if the applicant declares under penalty of perjury and the city clerk determines that the applicant is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 through 12205.2 of the California Welfare and Institutions Code), or the Aid to Families with Dependent Children (AFDC) program (42 United States Code Sections 601 through 644), or the Food Stamp program (7 United States Code Sections 2011 through 2027) or Section 17000 of the California Welfare and Institutions Code or the appellant declares under penalty of perjury that their monthly income is less than the current monthly poverty threshold annually established by the U.S. Community Services Administration pursuant to Section 625 of the U.S. Economic Opportunity Act of 1964, as amended. In order to be considered for the fee waiver, appellant must obtain from the city manager and fully complete and submit an application for waiver of city appeal fees. The city manager may require the appellant to furnish such financial information as the city manager deems necessary to deem the application complete in order to make a decision. The decision of the city manager on the fees waiver shall be final and conclusive and there shall be no appeal to a city body or official from such decision.

D. An appellant desiring waiver of an appeal fee shall submit a fully completed application for waiver of city appeal fees at the same time as the appeal is filed. Said appellant shall furnish within two (2) working days of the city manager's request, any additional information requested by the city manager to substantiate the waiver request. If the information requested is not furnished within two (2) working days, the city manager may deny the fee waiver request. After an appellant requests waiver of the appeal fee, the applicable dates or time periods for hearing the appeal shall be tolled until the city manager decides the fee waiver request.

E. Any person who willfully provides the city manager with false statements of material facts is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment.

(Ord. 583 § 1, 2020; Ord. 524 § 4, 2015; Ord. 412 §§ 1, 2, 2005)

Upon the timely filing of a complete notice of appeal in proper form, along with the filing fee, if applicable, the appeal shall be reviewed by the city manager. Unless an adjustment of the matter is made by the city manager satisfactory to the appellant, the city clerk shall schedule the matter promptly upon the city council agenda at a subsequent regular meeting and shall cause notice thereof to be given the appellant not less than five (5) calendar days prior to the hearing, unless the notice is waived in writing by the appellant. Notice shall be served in accordance with Section 1.01.300 of this code. The city clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose action has been appealed.

(Ord. 583 § 1, 2020; Ord. 524 § 4, 2015; Ord. 2 § 1, 1982)

A. The city council at the hearing may limit participation in the hearing to the directly interested parties, or may allow participation by the public. Such public participation, however, shall only be appropriate when the council deems it necessary and in the public interest. If a hearing is ordered open to public participation, notice thereof shall be given by posting notice of the hearing in accordance with city council rules of procedure for council meetings, in accordance with state law for notice of a public hearing, if applicable, and by such other means as the city council deems necessary.

B. At the time of consideration of the appeal by the city council the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in the notice of appeal. The appellant shall have the burden of establishing cause why the action being appealed should be altered, reversed or modified. The council may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the action being appealed and may take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal the findings and action of the council shall be final and conclusive in the matter.

(Ord. 583 § 1, 2020; Ord. 524 § 4, 2015; Ord. 2 § 1, 1982)