City of Indian Wells, CA CITY COUNCIL

Unless excused, all Council Members shall be in their respective seats at the hour appointed for each regular, special or adjourned meeting of the City Council.

The purpose of a call of the house is to compel the attendance of absent members.

(c)

The Council Members present may order a call of the City Council by a majority vote of the Council Members present and voting.

(d)

After a call of the house has been ordered, the Mayor, the Mayor Pro Tempore or in the absence of both, the Council Member chosen to preside, shall have the power to issue process directly to the Sergeant at Arms, or to any other person to compel the attendance of Council Members absent without leave.

(e)

Those Council Members who are found to be absent, and for whom no leaves of absence have been granted, shall be forthwith taken into custody wherever found by the Sergeant at Arms, including the Sheriff or deputies, and brought to the Council Chamber.

(f)

A call of the house may be dispensed with at any time upon a majority vote of the Council Members present.

(Ord. 350 § 1, 1994)

§ 2.08.040 Election date.

The election date for Council Members is the first Tuesday after the first Monday in November of each even-numbered year; and, further that said election shall be consolidated with all other elections held throughout the territory on that day.

(Ord. 379 § 1, 1996; Ord. 446 § 4, 1999; Ord. 508 § 4, 2002)

§ 2.08.045 Term limits.

No person shall be eligible for nomination and/or election to the office of Member of the City Council for more than two four year terms during his or her lifetime, including, without limitation, terms to which the person was nominated and appointed to office by the City Council in lieu of a General Municipal Election pursuant to California Elections Code Section 10229. No person who has been elected to or held office as a City Council Member for two four year terms during his or her lifetime may seek nomination and election to that office, as a formally nominated or write-in candidate. Notwithstanding the foregoing, any person who is appointed by the City Council to fill a vacant office of a City Council Member and serves in that office for less than two years, shall be eligible for nomination and election for two full four year terms thereafter. The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, including any paper seeking election as a write-in candidate, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, voter information guide, sample ballot or ballot label, the name of any person whose candidacy, if successful, will result in a City Council term that exceeds the limits set forth herein.

(Ord. 642 § 1, 2010; Ord. 728 § 1, 2020)

§ 2.08.050 City Council compensation.

City Council Members shall receive compensation as set forth in the Indian Wells Charter.

(Ord. 381 § 1, 1996; Ord. 535 § 1, 2003; Ord. 587 § 1, 2006; Ord. 603 § 1, 2007; Ord. 623 § 1, 2009; Ord. 669 § 1, 2013)

§ 2.08.060 Procedure for adoption of ordinances.

Ordinances shall be introduced prior to adoption. Ordinances shall not be adopted within five days of their introduction. However, an urgency ordinance may be adopted immediately upon introduction. Reading of ordinances is not required. When ordinances are amended after introduction, they may be adopted at the same meeting if copies of the ordinance as amended are presented to the City Council, the City Attorney and the City Clerk. Corrections of typographical or clerical errors are not alterations within the meaning of this Section.

§ 2.08.070 Enacting and adoption clauses.

The enacting clause of ordinances shall be: "The City Council of the City of Indian Wells does ordain as follows:" Every ordinance shall state the date on which it was adopted.

§ 2.08.080 Attestation of ordinance adoption.

All ordinances adopted by the City Council shall be signed by the Mayor, attested by the City Clerk and approved as to form by the City Attorney. The City Clerk's attestation shall state the date(s) the ordinance was introduced and adopted and each Council Member's vote thereon. All duly signed and attested ordinances shall be deemed to have been duly adopted and shall take effect if published as provided in Section 2.08.090.

(Ord. 540 § 1, 2003)

§ 2.08.090 Publication of ordinances.

Within five days after its introduction and again after its adoption, the City Clerk shall cause a copy of each ordinance to be published on the City's website, with the names of those City Council Members voting for and against the ordinance. Within 15 days after its passage, the City Clerk shall cause each ordinance or a summary of the ordinance to be published at least once, with the names of those City Council Members voting for and against the ordinance, in a newspaper of general circulation published and circulated in the City. The summary shall be prepared by the City Attorney. A copy of the ordinance shall be filed in the office of the City Clerk at the time the City Council agenda is posted, and shall be kept there for public inspection. If the City's website is not operational, the City Clerk shall cause copies of the ordinance with the names of those City Council Members voting for and against the ordinance to be posted in at least three public places in the City. Failure to publish an ordinance shall prevent an ordinance signed by the Mayor and attested by the City Clerk from taking effect.

(Ord. 540 § 1, 2003; Ord. 550 § 1, 2003)

§ 2.08.100 Adoption of codes by reference.

Adoption by Reference. The City Council may enact ordinances which adopt by reference any code, in whole or in part; and such primary code, thus adopted, may in turn adopt by reference, in whole or in part, any secondary codes duly described therein.

Definitions.

"Code,"

as used in this Chapter, means any statute, or any published compilation of rules, regulations or standards adopted by the federal government or the State of California, or by any agency of either of them. It shall include any codification or compilation of existing ordinances of the City of Indian Wells. It shall include any nationally recognized or published compilations of proposed rules, regulations or standards of any organization or institution which has been in existence for a period of at least three years. "Published" means issued in printed, lithographed, multigraphed, mimeographed or similar form.

"Primary code,"

as used in this Chapter, means any code which is directly adopted by reference, in whole or in part.

"Secondary code,"

as used in this Chapter, means any code which is incorporated by reference, directly or indirectly, in whole or in part, in any primary code or in any secondary code.

§ 2.08.110 Public inspection of primary or secondary codes.

At least two copies of each primary code adopted by reference, and of each secondary code pertaining thereto, all certified to be true copies by the City Clerk shall be filed in the office of the City Clerk at least three days preceding the introduction of the ordinance, and shall be kept there for public inspection while the ordinance is in force. However, after the adoption of the code by reference, one copy of the primary code and of each secondary code shall be kept in the office of the department responsible for the enforcement of the code instead of in the City Clerk's office.

§ 2.08.120 Effective date of ordinances.

Immediately Effective Ordinances. An ordinance takes effect immediately, if it is an ordinance:

Relating to an election.

For the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is adopted by a four-fifths (4/5) vote of the City Council.

Relating to street improvement proceedings.

Relating to taxes for the usual and current expenses of the City.

Covered by particular provisions of law prescribing the manner of its adoption.

Ordinances Effective Thirty Days After Adoption. All other ordinances shall take effect 30 days after their final adoption.

§ 2.08.130 Prima facie evidence of ordinance or code.

Copies of any ordinance or code in published form duly certified by the City Clerk shall be received without further proof as prima facie evidence of the provisions of such ordinance, code or public record in all courts and administrative tribunals of this State.

§ 2.08.140 Enactment provisions are exclusive.

The provisions of this Chapter and Section 21.06.020 (Zone Change) of this Code shall exclusively govern the adoption of ordinances or codes.

(Ord. 540 § 1, 2003)

§ 2.08.150 Purpose and intent.

It is the purpose and intent of this Chapter to reduce the potential for influence by large contributors with a specific financial stake in matters before the City, thus countering the possible public perception that decisions of City Council Members are influenced by the size of contributions and helping to ensure public trust in the City's legislative and electoral institutions. The provisions of this Chapter have neither the purpose nor effect of rendering political association ineffective or rendering contributions pointless. Similarly, it is neither the intent nor effect of this Chapter to restrict or deny any rights of political or associational freedom protected by the First Amendment, or to render any provision of the California Political Reform Act ineffective.

(Ord. 623 § 2, 2009)

§ 2.08.160 Appointment of Mayor and Mayor Pro Tempore.

It is the purpose and intent of this Section to provide for an automatic annual rotation of Council Members who occupy the positions of Mayor and Mayor Pro Tempore. The automatic annual rotation is further intended to permit as many Council Members as possible to have an opportunity during their membership on the City Council to occupy the position of Mayor and Mayor Pro Tempore. This Section shall not be amended or repealed without first obtaining the approval of a majority of those persons voting on any such proposed amendment or repeal at a general or special municipal election called for this purpose.

At the first regular meeting of the City Council in December of each year, or as soon thereafter as reasonably possible in the event any newly elected Council Members have not yet taken office due to delayed certification of election results, the City Council shall appoint from among the Council Members the Mayor and the Mayor Pro Tempore to immediately assume those positions, as applicable. Appointment to the position of Mayor and Mayor Pro Tempore shall be made on a rotating basis among all Council Members as follows, and the Mayor and Mayor Pro Tempore shall serve until their applicable successor is appointed or they resign or vacate the applicable position due to inability to fulfill the responsibilities of that position, as defined in subsection (c):

The Council Member having the longest current continuous membership on the City Council without serving as Mayor shall be appointed Mayor.

The Council Member having the second longest current continuous membership on the City Council without serving as Mayor shall be appointed Mayor Pro Tempore.

If two or more Council Members equally qualify hereunder for appointment as Mayor, any Council Member who has not previously served as Mayor during the period of current continuous membership of the qualified Council Member shall be appointed Mayor; and if two or more Council Members thereafter equally qualify hereunder for appointment as Mayor, the Council Member who received the most votes among them in his or her most recent election to Council shall be appointed Mayor, and the Council Member who received the second most votes among them in his or her most recent election to Council shall be appointed Mayor Pro Tempore; and if two or more Council Members thereafter equally qualify hereunder for appointment as Mayor, the Council Member whose name is then drawn by lot or other random procedure shall be appointed Mayor, and the other Council Member shall be appointed Mayor Pro Tempore.

If two or more Council Members equally qualify hereunder for appointment as Mayor Pro Tempore, the appointment of Mayor Pro Tempore shall be made in accordance with the same priority and criteria as otherwise set forth for appointment as Mayor in subsection (b)(3).

A Council Member shall not be eligible for appointment as Mayor or Mayor Pro Tempore until he or she has first completed at least one year of service during his or her current continuous membership on the City Council, unless no other Council Member can otherwise assume the position of Mayor or Mayor Pro Tempore due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c) or due to other qualifying Council Members declining an appointment to the position as set forth in subsection (d).

(6)

If the position of Mayor becomes vacant due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c), the Mayor Pro Tempore shall be appointed Mayor for the remainder of that term of Mayor, and shall be reappointed Mayor for the next full term of the position of Mayor if then qualified hereunder, unless he or she declines either appointment. Notwithstanding subsection (b)(5), the Mayor Pro Tempore shall be appointed to the position of Mayor even if, at the time the position of Mayor becomes vacant, he or she has not completed at least one year of service during his or her current continuous membership on the City Council.

(7)

If the position of Mayor Pro Tempore becomes vacant due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c), the Council Member next qualified to become Mayor Pro Tempore shall be appointed Mayor Pro Tempore for the remainder of that term of Mayor Pro Tempore, and shall be reappointed Mayor Pro Tempore for the next full term of the position of Mayor Pro Tempore if then qualified hereunder, unless he or she declines the appointment.

(c)

A Council Member shall not be appointed Mayor or Mayor Pro Tempore, as applicable, and the Mayor or Mayor Pro Tempore shall be deemed to have vacated their position, as applicable, due to inability to fulfill the responsibilities of that position. As used in this Section, the term "inability to fulfill the responsibilities of that position" shall mean at least one of the following:

Unexcused absences from more than four regular or special City Council meetings within the 12 month period prior to appointment as Mayor or Mayor Pro Tempore, as applicable, or during the period of service as Mayor or Mayor Pro Tempore, as applicable;

Resignation from the position of Mayor or Mayor Pro Tempore, as applicable;

Death, or physical incapacity due to medical condition severely limiting the ability of the Mayor or Mayor Pro Tempore, as applicable, to perform ongoing duties assigned to them by City policy or the City Council;

Mental incapacity (such as by reason of severe stroke, serious head injury, serious nervous breakdown, or serious mental illness) of the Council Member otherwise qualified hereunder to be appointed to, or serve in the applicable position of Mayor or Mayor Pro Tempore, as reasonably determined at a public meeting by a majority of the full membership of the City Council;

Upon the case-by-case determination by the City Council, in its discretion, to apply the following to the appointment, or removal, as applicable, of the Mayor or Mayor Pro Tempore, as applicable, via a censure resolution adopted at a public meeting by a majority of the full membership of the City Council, resulting from either: (i) a repeated failure of the Mayor or Mayor Pro Tempore, as applicable, to represent the City Council's adopted positions when representing the City, and not him or herself individually, after the City Council had first provided a written warning concerning such failure; or (ii) a violation of a any requirement of law pertaining to conduct by public officials, other than as set forth in subsection (c)(6), as determined by final decision of a governmental commission, agency or officer not a part of the City;

(6)

Arrest while serving as Mayor or Mayor Pro Tempore, as applicable, for a felony or any crime of violence or moral turpitude; provided that if and when the prosecution of such felony or other crime is dismissed or otherwise terminated without a plea agreement or conviction, then the Council Member shall thereafter be placed in the highest priority behind the Mayor or Mayor Pro Tempore, as applicable, as otherwise set forth in subsection (b).

(d)

A Council Member who currently serves as Mayor or Mayor Pro Tempore may resign that position at any time during his or her term. Further, a Council Member who otherwise qualifies shall not be appointed Mayor or Mayor Pro Tempore if he or she voluntarily declines the appointment to the applicable position.

(e)

If a Council Member vacates the position of Mayor or Mayor Pro Tempore, or declines an appointment to either position, the following rules shall apply:

If the Council Member currently serves as Mayor or Mayor Pro Tempore, as applicable, and vacates that position due to: (i) resignation; (ii) physical disability; or (iii) mental disability, as set forth in subsections (c)(2), (3) and (4) above, and so vacates during the first six months of his or her term, the Council Member shall retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, based upon the Council Member's time of continuous service on the Council since his or her last appointment to the position of Mayor or Mayor Pro Tempore, as applicable. If the Councilmember so vacates during the last six months of his or her term, the Council Member shall not retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, and only the Council Member's time of continuous service on the Council accruing after so vacating shall count toward any future appointment under subsection (b).

If the Council Member currently serves as Mayor or Mayor Pro Tempore, as applicable, and vacates that position due to: (i) unexcused absences from Council meetings: or (ii) removal by the City Council via censure resolution, as set forth in subsection (c)(1) and (5), the Council Member shall not retain priority under subsection (b) for a future appointment to the position of Mayor or Mayor Pro Tempore, as applicable, and only the Council Member's time of continuous service on the Council accruing after so vacating shall count toward any future appointment under subsection (b).

If the Council Member has never served as Mayor or Mayor Pro Tempore, as applicable, and the Council Member declines an appointment to that position for the first time, the Council Member shall retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, based upon the Council Member's time of continuous service on the Council.

If the Council Member has never served as Mayor or Mayor Pro Tempore, as applicable, and the Council Member declines an appointment to that position for a second time, the Council Member shall not retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tem, as applicable, and only the Council Member's time of continuous service on the Council accruing after his or her second declining of said appointment shall count toward any future appointment to that position under subsection (b). Notwithstanding the above, a Council Member who declines a second appointment shall still be deemed to have satisfied the minimum one-year Council service requirement for any future appointment under subsection (b)(5).

If the Council Member has previously served as Mayor or Mayor Pro Tempore, as applicable, during his or her current continuous membership on the City Council, and is later nominated to that position again, the Council Member may decline the appointment once and retain priority for a future appointment as set forth in subsection (e)(3), based upon the Council Member's time of continuous service on the Council since last serving as Mayor of Mayor Pro Tempore, as applicable. If he or she declines the appointment a second time, the Council Member shall not retain priority for a future appointment as set forth in subsection (e)(4).

(f)

As used in this Section, the terms "qualify," "qualified" and "qualify hereunder" mean that a Council Member meets the priority and criteria established for selection as Mayor or Mayor Pro Tempore, as applicable, as set forth in subsection (b).

(Ord. 666 § 1, 2012; Ord. 729 § 1, 2020)

§ 2.08.170 Limit on number of traffic lanes on State Highway 111 without voter approval.

No action of the City Council which, in whole or in part, has the effect of providing or allowing more than two through lanes in each direction on that public right-of-way currently known as Highway 111, shall be effective until said action is approved by a majority of the electors voting on the issue at a General Municipal Election, or at a special election called for that purpose and consolidated with any Statewide election.