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HomeMy WebLinkAboutCharter Ciity Advisory Committee INTEROFFICE MEMORANDUM City of Palm Desert Administrative Services Department TO: HONORABLE MAYOR, CITY COUNCIL AND CITY MANAGER FROM: JOHN WOHLMUTH, ASSISTANT CITY MANAGER/ DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: RECONVENE CHARTER CITY ADVISORY COMMITTEE DATE: MAY 27, 1999 The Charter City Advisory Committee was established in early 1996 as a result of City Council direction and a recommendation by the Governmental Subcommittee of the Year 2010 Strategic Plan to investigate this matter. A resolution was passed by City Council establishing the Charter City Advisory Committee and setting the November 1997 general municipal election for voters to consider Palm Desert becoming a Charter City. On February 8, 1996, the City Council appointed the following members to the Charter City Advisory Committee: 1. Jean Benson 2. Bob Spiegel 3. Paul Beaty 4. Jim Ferguson 5. Bill Adams 6. Abe Goldman 7. Dave Erwin The membership represented two appointees from the City Council, two appointees from the Planning Commission, two citizens at-large and the City Attorney. r?7---- If staff reconvenes the Charter City Advisory Committee, the Committee '"'''' ' T) >: would now have three Councilmembers and one Planning Commissioner. 4, ' How would City Council desire staff to address the City Council quorum ` , ry'`' issue? During the process of developing a Charter for the City of Palm Desert, the Charter City Advisory Committee reviewed a dozen charters, four draft charters for Palm Desert and interviewed the City Clerk from Palm Springs and the City Manager of Santa Rosa, California. The direction of the Charter City Advisory Committee, after investigating the advantages and disadvantages of several charters, was to prepare a draft charter that gave City Council the most flexibility. The flexibility would avail the City to opt out of prevailing wage, change procurement policies, create enterprises as well as possibly create one additional tool to protect our municipal affairs and quality of life from State interference or takings. As a result of the Charter City Advisory Committee recommendations, a "short version" Draft Charter was developed allowing both flexibility and protection. After becoming a Charter City, the City of Palm Desert opted out of prevailing wage in January 1998. The Charter City Advisory Committee completed the task for which it was created. Furthermore, the Committee desired, by the type of of Charter, to allow City Council to make decisions in the best interest of our community, not the State. Is it the intent of City Council to utilize the Charter City Advisory Committee as a brain storming group to identify what should be done with procurement, enterprises, utilities, etc? Instead of reconvening the Charter City Advisory Committee, may staff and City Council work together to bring forth ordinance revisions that City Council believes are in the best interest of the community? CITY COUNCIL ACTION: APPROVED DBIEU John M. Wohlmuth RECEIVED 0 • " v Assistant City Manager/ p' `�` ' ;'lie -y�; Director of Administrative Services ET j DA NOES:sadeiN,VylkiausiMIMINIMMILIMIL, /fr ABSENT: ABSTAIN >.,�t_: _ VERIFIED •., elln ^i .a with ity lerk's Office CITY OF PALM DESERT MEMORANDUM TO: CITY COUNCIL AND CITY MANAGER • FROM: JOHN WOHLMUTH, ACM/DIRECTOR OF ADMINISTRATIVE SERVICES DATE: NOVEMBER 9, 1995 SUBJECT: CHARTER CIT Y INFORMATION In April 1995, City staff investigated issues relating to Palm Desert becoming a charter city. Most of the comments were favorable to move toward charter city status. The benefits discussed included: ► Ability to opt out of prevailing wage requirements; ► Certain independence from state funding interference; ► Autonomy on other municipal affairs. During this summer, the subcommittees of the Palm Desert Year 2010 Strategic Plan have been meeting to develop goals. The Government Subcommittee is recommending as one of its goals, for the City of Palm Desert to become a charter city. The Government Subcommittee is also recommending establishing a citizen advisory committee to prepare the city's charter. In addition, the Government Subcommittee recommends the City Council consider placing the charter city measure on the November 1997 ballot. By keeping to the City's standard election schedule, the costs of this action can be greatly reduced. Staff has obtained several recent charters from California cities. Staff recommends that the City Council consider designating two Councilmembers and representatives from the community to the Citizen Advisory Committee at an appropriate time. J N WOH MU RAMON DIAZ M/DIR. ADMINISTRATIVE SERVICES ACTING CITY MANAGER /dig • RESOLUTION NO. 96_13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENT TO PREPARE A CITY CHARTER, TO ESTABLISH A CHARTER CITY ADVISORY COMMITTEE, AND TO PLACE THE CHARTER ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION. WHEREAS, the adoption of a charter for the City of Palm Desert allows Palm Desert to prevail over state laws with respect to municipal affairs; and WHEREAS, Palm Desert municipal affairs, include but are not necessarily limited to: municipal utilities; procedures for bidding and contracting; regulation of parks, libraries and other facilities; salaries of officers and employees; parking regulations; franchise and other fees; taxation; zoning; and election procedures; and WHEREAS, a charter city remains subject to state law on matters of statewide importance; and WHEREAS, the charter may not propose an immediate change in the existing structure of city government but may allow the City Council of the City of Palm Desert to adopt ordinances to avoid state programs where they interfere with the City's municipal affairs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: SECTION 1. That said charter must be adopted by the voters of the City of Palm Desert. SECTION 2. That the City Council establishes a Charter City Advisory Committee to prepare a charter for the City of Palm Desert. SECTION 3. That the City Council set the November 1997 general municipal election for voters to consider Palm Desert becoming a charter city. RESOLUTION NO. 96-13 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this 8th day of February , by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE -A4e-k / WALTER H. SNYDER, MA ATTEST: SHEILA R:'GILLIGAN CITY CLERK /dlg • CITY OF PALM DESERT MEMORANDUM TO: CITY COUNCIL AND CITY MANAGER FROM: JOHN WOHLMUTH, ACM/DIRECTOR OF ADMINISTRATIVE SERVICES DATE: FEBRUARY 8, 1996 SUBJECT: PREPARATION OF CITY OF PALM DESERT CHARTER RECOMMENDATION 1. Waive further reading and adopt the attached resolution declaring the intent of the City of Palm Desert to establish a Charter City Advisory Committee, prepare a City Charter and set November 1997 as the election date. 2. By minute motion, designate the following members on the Charter City Advisory Committee. BACKGROUND In April 1995, the City Council directed staff to investigate the advantages and disadvantages of the City of Palm Desert becoming a charter city. On November 9, 1995, staff prepared a report to the City Council recommending the City of Palm Desert pursue charter city status due to the apparent benefits California charter cities have over general law cities. The City Council directed staff to move forward on seeking charter city status and directed staff to develop a Charter City Advisory Committee. The City Council appointed Jean Benson and Bob Spiegel as the Council representatives. Staff recommends the following be appointed to the Charter City Advisory Committee. 1. Jean Benson, Councilmember 2. Bob Spiegel, Councilmember 3. Paul Beaty, Planning Commission Chairman 4. Jim Ferguson, Planning Commission Vice Chairman 5. Bill Adams, Citizen representative 6. Abe Goldman, Citizen representative 7. Dave Erwin, City Attorney Ramon Diaz and myself will be staffing the Charter City Advisory Committee. **Ai J fir WOHLM _--RAMON D • M/DIRECTOR OF ADMIN. SERVICES CITY MANAGER RESOLUTION NO. 96_13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENT TO PREPARE A CITY CHARTER, TO ESTABLISH A CHARTER CITY ADVISORY COMMITTEE, AND TO PLACE THE CHARTER ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION. WHEREAS, the adoption of a charter for the City of Palm Desert allows Palm Desert to prevail over state laws with respect to municipal affairs; and WHEREAS, Palm Desert municipal affairs, include but are not necessarily limited to: municipal utilities; procedures for bidding and contracting; regulation of parks, libraries and other facilities; salaries of officers and employees; parking regulations; franchise and other fees; taxation; zoning; and election procedures; and WHEREAS, a charter city remains subject to state law on matters of statewide importance; and WHEREAS, the charter may not propose an immediate change in the existing structure of city government but may allow the City Council of the City of Palm Desert to adopt ordinances to avoid state programs where they interfere with the City's municipal affairs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: SECTION 1. That said charter must be adopted by the voters of the City of Palm Desert. SECTION 2. That the City Council establishes a Charter City Advisory Committee to prepare a charter for the City of Palm Desert. SECTION 3. That the City Council set the November 1997 general municipal election for voters to consider Palm Desert becoming a charter city. RESOLUTION NO. 96-13 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this day of , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, MAYOR ATTEST: SHEILA R. GILLIGAN CITY CLERK /dlg _ - . Palm Desert considers becoming charter city PANEL STUDIES ISSUE: to study the issue,paving the way for control over city issues, such as preference policy for the purchase a potential citywide vote next year. bidding for construction projects of goods and services or new park- Residents may vote next "I think we have to look at all our and election codes. ing regulations. year on whether to follow options," said Councilwoman Jean For instance, the city now must The state also is considering rules established bystate Benson, one of seven Palm Desert abide by state-set wages on con- switching the distribution of sales residents appointed to the commit- struction projects, which generally tax revenue from the point of origin or create city's own. tee. "With all the different funding are based on figures from Los An- to a population-based formula, a levels coming down from the state, geles,Sacramento and other metro- move Wohlmuth said could cost By JON YATES we need to keep an open mind." politan cities where the costs are Palm Desert. Under such a formu- The Desert Sun If the city pursues the issue,it will higher than In the valley. la, the city would lose money to create a city charter,a sort of"mini If Palm Desert became a charter cities with smaller retail bases. PALM DESERT — Almost two constitution" that would provide city, it could set its own prevailing Sales tax revenues now make up years after Palm Springs became rules for the way the city operates. wage, which Assistant City Manag- about one-third of the city's budget. the Coachella Valley's first charter, Currently, Palm Desert is a gen- er John Wohlmuth estimates could "It could give us a buffer if there city, Palm Desert is considering eral law city, governed by rules save the city 20 percent to 30 per- is a switch," Wohlmuth said. following suit. established by the state. cent per project. City Clerk Sheila Gilligan said Thursday, City Council members In general, becoming a charter With a charter, the city could the main argument against becom- established an advisory committee city would allow Palm Desert more also set other rules,such as a local See CHARTER/AS city's charter, for the most part, "This is an opportunity to air the! CHARTER reflects state laws that governed proposal and see what the pros and, Palm Springs before the cons are," he said. "It should be Continued from Al switch. interesting." , "A charter can cover anything a ; community wants it to —it can be ing a charter city is that it gives very complex or very simple,"said To comment council members too much power. Palm Springs City Clerk Judith When voters in Palm Springs Sumich.cq "The intent of the Palm Palm Desert City Council, approved a charter for their city in Springs charter was to not, make 346-0611. 1994, opponents argued just that. any substantive changes." Two years later, most residents Palm Desert officials say they • have seen few noticeable changes. still do not know what changes their • "It's made a psychological differ- charter would include. ence," said former Palm Springs While the advisory committee Charter facts Mayor Lloyd Maryanov, pointing studies the issue, city officials will primarily to construction draft a preliminary city charter. Charter status allows cities to contracts. draft codes governing: munici- "Not only was it supported at the The charter will then be re pal utilities; procedures for bid- viewed by the committee and dingand contracting; re ula time it was put on the ballot, but g there's been no backlash," he said. passed onto the council, which will tion of parks,libraries and other Perhaps the biggest change in the decide whether to put the issue on facilities; salaries of officials of Palm Springs is the the November 1997 ballot. and employees;parking regula- governanceability for council members to Palm Desert resident Abe Gold- tions;xat franchise and other fees; THE DESERT SUN make new codes if they choose to. man, who sits on the advisory taxation; and zoning and elec- make 9, 1996 So far, they have not. committee, said he's tackling the tion procedures. Consisting of about 50 pages, the issue with an open mind. i MEMORANDUM CITY OF PALM DESERT TO: CITY COUNCIL AND CITY MANAGER FROM: JOHN WOHLMUTH, ACM/DIRECTOR OF ADMINISTRATIVE SERVICES DATE: FEBRUARY 13, 1997 SUBJECT: CITY OF PALM DESERT CHARTER RECOMMENDATION By minute motion, approve the City of Palm Desert draft Charter and direct staff and the Charter City Advisory Committee to implement a community marketing program. BACKGROUND In November 1995, the City Council directed staff to investigate the advantages of the City of Palm Desert becoming a Charter City. After careful consideration, Council directed staff to move forward with the charter process and in February 1996, established a Charter City Advisory Committee by resolution. The Charter City Advisory Committee has reviewed over a dozen charters, met with two California Charter Cities and considered four draft charters. The attached draft City of Palm Desert Charter is a culmination of the work by the seven member Charter City Advisory Committee over the last twelve months. Staff respectfully requests that the City Council carefully review the draft charter and recommend changes, or approve as prepared, and begin the next phase of the project. The critical deadlines for project completion are as follows (working backwards): November 4, 1997 Election Day - Charter vote September 1 to November 1, 1997 Implement agreed upon marketing strategies July 1997 Charter to Riverside County Registrar of Voters June 12 or June 26, 1997 Council approve by resolution copy for ballot March 1 to May 1, 1997 Design, prepare and print an educational brochure February 16 - March 1, 1997 Discuss marketing strategies with Charter City Advisory Committee February 13, 1997 Council approve draft charter CITY OF PALM DESERT CHARTER FEBRUARY 13, 1997 Staff recommends that the City Council, by minute motion, approve the draft charter for the City of Palm Desert and direct staff and the Charter City Advisory Committee to implement the marketing strategies. REVIEWED AND CONCUR: 0 O WOHLMUTH RAMON A. DIAZ A ISTANT CITY MANAGER/ CITY MANAGER IRECTOR OF ADMIN. SERVICES /dlg s4 CITY OF PALM DESERT MEMORANDUM DATE: JUNE 26, 1997 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JOHN WOHLMUTH,ACMIDIRECTOR OF ADMINISTRATIVE SERVICES LISA CONSTANDE, ENVIRONMENTAL CONSERVATION MANAGER RE: INFORMATION ITEM -- PREPARATION OF THE CITY OF PALM DESERT CHARTER On June 12, 1997, the Charter City Advisory Committee met and directed staff to prepare an informational staff report to the City Council: 1. Outlining the advantages and disadvantages of Palm Desert becoming a Charter City; and 2. Outlining a time line that reflects the preparation of the Charter (Attachment A) for the City of Palm Desert and additional dates of significant importance: ADVANTAGES OF BECOMING A CHARTER CITY 1. More beneficial for a California city to control its own destiny than to depend upon the State to protect its interest. 2. Becoming a Charter City allows more local control over municipal affairs and gives a city one more tool to protect its quality of life. Gives the broadest possible protection from actions of other governments that can reduce City revenue or require the City to carry out programs that do not have funding support. 3. Allows City to pay local market wages for public works projects rather than the regional wages which are now required by State law. Allows the City to establish a procedure that would provide a preference for local contractors. Public construction contracting can be more flexible as can procedures with respect to revenue bond financing. 4. Allows the City, consistent with Proposition 218, to streamline assessment district proceeding.This Charter does nothing to change the effect of Proposition 218. 5. Allows the City to perform in a manner more like a business. The intent is to generate funds through City involvement in a variety of enterprises, thereby relieving some of the burden on the City's tax base. 6. Procedures for ordinance adoption, initiatives, referendums, recalls, and elections could be different as to the number of signatures required and public notice requirements. 7. Financial support can be given to worthwhile organizations or projects affecting the public interest with less restriction by the gift of public funds limitation. DISADVANTAGES OF BECOMING A CHARTER CITY 1. The time spent and effort required to formulate a charter. 2. The election expense in adopting a charter. 3. The adjustment or change from a general law to a Charter City. 4. The City will not benefit from any new state legislation on municipal matters unless adopted by the city council. 5. When a specific matter is uncertain as to the statewide concern, or the city concern,there may be legal expense in the court process testing "gray" area. TIME LINE REFLECTING PREPARATION OF THE CITY OF PALM DESERT CHARTER April 1995 City Council directs staff to investigate the advantages and disadvantages of the City of Palm Desert becoming a Charter City. June 1995 Subcommittees of the Palm Desert Year 2010 Strategic Plan begin to meet and develop goals for recommendation to the City Council. A goal of the Government Subcommittee is to recommend that the City of Palm Desert become a Charter City and establish a citizen advisory committee to prepare the City's Charter. In addition, the Government Subcommittee recommends that the City Council consider placing the Charter City measure on the November 1997 ballot. November 9, 1995 An information item is presented to the City Council with the following recommendations: A. Government Subcommittee 1. Establish a citizen advisory committee to prepare the City's Charter; 2. Consider placing the Charter City measure on the November 1997 ballot; B. City Staff At an appropriate time, consider establishing a Charter City Advisory Committee with two designated Councilmembers and representatives from the community. February 8, 1996 Adoption of Resolution No. 96-13 declaring the intent of the City of Palm Desert to establish a Charter City Advisory Committee, prepare a City Charter, and place the measure on the November 1997 ballot. 2 City Council appoints two City Councilmembers,two planning commissioners,two public at large, and the City Attorney to the Charter City Advisory Committee with Ramon Diaz, City Manager, and John Wohlmuth, Assistant City Manager, providing staff support. The following are the individual appointments: 1. Jean Benson, Mayor Pro-Tempore 2. Robert Spiegel, Councilmember 3. Paul Beaty, Planning Commissioner 4. Jim Ferguson, Planning Commission Chair 5. Bill Adams, Citizen Representative 6. Abe Goldman, Citizen Representative 7. Dave Erwin, City Attorney May 28, 1996 Charter City Advisory Committee Meeting --Review of ten selected California city charters, a listing of all charter cities in California, and Senate Bill No. 16. August 16, 1996 Charter City Advisory Committee Meeting-- Presentations by the City managers of Santa Rosa and Palm Springs on the advantages of becoming a Charter City. November 12, 1996 Charter City Advisory Committee Meeting--Presentation by City Attorney's Office on two draft versions of City Charters for consideration by the committee. January 7, 1997 Charter City Advisory Committee Meeting-- Planning and drafting of a proposed Charter. February 13, 1997 Approval received from City Council on the draft Charter with direction given to staff and the Charter City Advisory Committee to begin public education efforts. March 26, 1997 Charter City Advisory Committee Meeting-- Planning and drafting of a proposed Charter. Begin work on outlining public education. April 28, 1997 Charter City Advisory Committee Meeting-- Reviewing prepared public education materials: introduction letter, brochure, and commonly asked questions. Set community meetings to present draft public education materials. May 13, 1997 First Public Education Presentation -- Draft Charter was presented at the Chamber of Commerce Mayors' Breakfast. May 15, 1997 Second Public Education Presentation-- Draft Charter was presented at the Joslyn Senior Center. May 28, 1997 Third Public Education Presentation--Valley-wide ad placed in the"Desert Sun" announcing a public meeting at City Hall regarding presentation on the City's draft Charter. 3 June 12, 1997 Charter City Advisory Committee Meeting --Committee directs staff to: 1. Make final changes to the public education brochure and letter that will be mailed citywide; 2. Prepare an informational staff report to the City Council outlining the advantages and disadvantages of being a Charter City and include a time line reflective of the preparation of the Palm Desert Charter; 3. Prepare a Notice of Public Hearing to be printed in the "Desert Sun" announcing that the Palm Desert City Council will consider placing the issue of Palm Desert becoming a Charter City on the November 4, 1997, ballot. Schedule pubic hearing on Thursday,June 26, 1997, at 7:00 p.m. June 26, 1997 Public Hearing scheduled to consider placement of Palm Desert becoming a Charter City on the November 4, 1997, ballot. July 1997 Charter to Riverside County Registrar of Voters July 29, 1997 Last day to file arguments for or against Charter ballot measure August 8, 1997 Last day to file rebuttal arguments for or against Charter ballot measure September 1997 Public education brochure and cover letter to be mailed citywide Sept. - Oct. 1997 Community meetings and presentations to be scheduled to answer questions from community. November 4, 1997 Election Day-Charter Vote Respectfully submitted, Concur, JOHN M.WOHLMUTH RAMON A. DIAZ ACM/DIRECTOR OF ADMINISTRATIVE SERVICES CITY MANAGER LISA V. CONSTANDE, MANAGER ENVIRONMENTAL CONSERVATION 4 ATTACHMENT "A" CHARTER OF CITY OF PALM DESERT PREAMBLE We the people of the City of Palm Desert declare our intent to maintain in our community the historic principles of self-governance inherent in the doctrine of home-rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will better serve and promote the health, safety and welfare of all the citizens of this City, we do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Palm Desert. CHARTER ARTICLE 1. MUNICIPAL AFFAIRS. Section 100. Municipal Affairs; Generally. Each of the responsibilities of governance set forth and described in this; Charter, and as established by the Constitutional, statutory and judicially defined law of the State of California, is hereby declared to be a municipal affair or concern, the performance of which is unique to the benefit of the City of Palm Desert. Section 101. Powers of City. The City shall have full power and authority to adopt, make, exercise and enforce all legislation, laws and regulations with respect to municipal affairs, subject only to such limitations and restrictions as may be provided in this Charter and in the Constitution of the State of California. ARTICLE 2. FORM OF GOVERNMENT. Section 200. Form of Government. The municipal government established by this Charter shall be known as the "Council-Manager" form of government. The City Council establish the policy of the City; the City Manager shall carry out that policy. ARTICLE 3. REVENUE, SAVINGS AND GENERATION. Section 300. Public Works Contracts. The City shall have the power to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award and performance of any public works contract, including, but not limited to, the compensation rates to be paid for the performance of such work. Section 301. Public Financing. The City shall have the power to establish standards, procedures, rules or regulations related to any public financing. Section 302. Utility Franchises. The City shall have the power to adopt any ordinance providing for the acquisition, development or operation by the City of any public utility and/or any ordinance providing for the granting of a franchise, license or permit to any public utility not owned by the City which proposes to use or is using City streets, highways or other rights-of-way. Section 303. Enterprises. The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. Section 304. Economic and Community Development. The City shall have the power to utilize revenues from the general fund to encourage, support and promote economic and community development in the City. ARTICLE 4. REVENUE RETENTION. Section 400. Reductions Prohibited. Anyrevenues raised and collected bythe Cityshall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government. Section 401. Mandates Limited. No person, whether elected or appointed, acting on behalf of the City, shall be required to perform any function which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority. ARTICLE 5. GENERAL LAWS. Section 500. General Law Powers. In addition to the power and authority granted by the terms of this Charter and the Constitution of the State of California, the City shall have the power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions and to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful authority. In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control. 2 • ARTICLE 6. INTERPRETATION. Section 600. Construction and Interpretation. The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its powers to govern with respect to any matter which is a municipal affair. Section 601. Severability, If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. ARTICLE 7. AMENDMENT. Section 700. Amendment to Charter. revised or repealed. This Charter, and any of its provisions, may be amended by a majority vote of its electors voting on the question. Amendment or repeal may be proposed by initiative or by the governing body. 3 f, t=ri• ORDINANCE NO. RR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY • OF PALM DESERT, CALIFORNIA, RE-ENACTING AND RE-ADOPTING THE PROVISIONS OF THE PALM DESERT MUNICIPAL CODE AND INCORPORATING THE CITY CHARTER THEREIN. WHEREAS, by the adoption of Ordinance No . 168, the City Council of the City of Palm Desert, then a General Law City, enacted and adopted a .Code of Ordinance; and WHEREAS, on November 4, 1997, the voters of the City of Palm Desert ratified the Charter of the City of Palm Desert; and WHEREAS, on December 3 , 1997, the Secretary of State of the State of California accepted for said Charter for filing, which has been assigned Charter Chapter No. 19 for publication in the Statutes of 1997; and WHEREAS, on March 27 , 1998 , the Charter was recorded in the County of Riverside Office of the recorder; and WHEREAS, is if the intent of the City Council, acting on behalf of the newly Chartered City of Palm Desert to en-enact and re-adopt the Code of Ordinances of the City of Palm Desert, including all amendments thereto; and WHEREAS, by said re-enactment and re-adoption, the City Council intends that the Code of Ordinances be interpreted, applied and enforced irk accordance with the laws of the State of California as applied to Palm Desert as a Charter City having the right of governance over its municipal affairs; and WHEREAS, California Government Code, Section 50022 . 10, authorizes the City to recodify its Code of Ordinances; and WHEREAS, the City Council desires that the recodified Code of Ordinances and the Charter of the city of Palm Desert be titled and referred to as "THE PALM DESERT CHARTER AND MUNICIPAL CODE"; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows : RIAPUB\DJE\912 1 ORDINANCE NO. 858 Section 1 . That the Recitals set forth above are true and correct and are incorporated herein by this reference. Section 2 . That the Code of Ordinances, entitled the Palm Desert Municipal Code, including all amendments thereto, which is on file with the City Clerk of the City of Palm Desert, is hereby d without change,re-enacted and re-adopted g , except P as provided herein, and shall, without interruption, remain in continuous force and effect unless and until amended or repealed .by action of the City Council. Section 3. That the Palm" Desert Charter, as ratified by the voters of the City of Palm Desert on November 4, 1997, and filed in the office of the secretary of State of California on , 1997, . is hereby acknowledged as effective and is ordered to be incorporated into the Code of Ordinances for he City of Palm Desert, to be set forth as a preface to the terms thereof. Section 4 . That henceforth said Code of Ordinances and Charter shall be entitled "THE PALM DESERT CHARTER AND MUNICIPAL CODE". Section 5. That all provisions of "THE PALM DESERT CHARTER AND MUNICIPAL CODE" shall be in full force and effect on, from and after, the effective date of this ordinance; further, the provisions of the Code of Ordinances shall be interpreted, applied and enforced in accordance with the laws of the State of California as applied to a Charter City. Section 6. That any and all ordinances previously adopted by the City council of the City of Palm Desert on file in the office of the City Clerk, and not incorporated into the terms of the previous Palm Desert Municipal Code, are hereby re-enacted and ere-adopted without change and shall, without interruption, remain in continuous force and effect unless and until amended or repealed by action of the City council, which ordinances shall be interpreted, applied and enforced in accordance with the laws of the State of california as applied to a Charter City. • Section 7 . That, unless otherwise provided herein, particularly by the terms of Sections 5 and 6 hereof, the. re- enactment and re-adoption provided for in Section 2 and Section 6 of this ordinance shall not affect any of the following: (1) Any offense or act committed or done, or any penalty of forfeiture incurred, or any contract or vested right established or accruing before the effective date of this ordinance; RMPUB\n 12 -2- • ORDINANCE NO. 858 1• (2) Any contract or obligation assumed by the City; (3) any right or franchise granted by the City. Section 8 . That, notwithstanding any right of the Charter City of Palm Desert to govern independently from State law with respect to land use matters, the City of Palm Desert shall be governed in accordance.. with the terms of State law as regards to the application, interpretation and enforcement of land use, planning and zoning matters, including, but not limited to, the requirement of consistency between the General Plan of the City and the terms of its Zoning Ordinances . Section 9. Any ordinance or provision of any ordinance, making any addition or amendment to the Palm Desert Charter and Municipal Code when passed in a form indicating the intention of the City Council to make the ordinance, or any part of the ordinance, part of said Charter and Code shall be deemed to be incorporated into the Code, and any reference to the Palm Desert Charter and Municipal Code or any title, chapter or section to the Palm Desert Charter and Municipal Code shall be understood and intended to include the appropriate provisions of such addition or amendment . Section 10 . A copy of the Palm Desert Charter and Municipal Code shall be kept on file in the office of the Palm Desert City Clerk and it shall be the duty of the Palm Desert City Clerk, or the City Clerk' s designee, to periodically update and maintain the Palm Desert Charter and Municipal Code with such amendments or additions made by ordinances adopted by the City Council or to delete from the Palm Desert Charter and Municipal, Code provisions which may be, from time to time, repealed by ordinances of the Palm Desert City Council . The copy of the Palm Desert charter and Municipal Code kept and maintained by the Palm Desert City Clerk "PALM DESERT CHARTER AND MUNICIPAL CODE" shall be the official Section 11 . Whenever by the provisions of the "PALM DESERT CHARTER AND MUNICIPAL CODE" any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is declared unlawful or an offense, the violation of any such provision is a misdemeanor or an infraction as specified in the penalty provisions of the PALM DESERT CHARTER AND MUNICIPAL CODE. Section 12 . The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published and circulated within the City of Palm Desert, California. xrpvmnnwu -3- ORDINANCE NO. 858 PASSED, APPROVED AND ADOPTED at a regular meeting of the City r ' Council of the City of Palm Desert, California, on the 8th day of 7anuary , 1998 , by the following roll call vote : AYES : CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES : NONE ABSENT: NONE ABSTAIN: NONE 7 BENSON, MAYOR / ity of Palm Desert, CA ATTEST : By 41.7 ,'SHEILA R. LLIGAN ity Clerk City of Palm Dese , CA APPROVED AS TO FORM: /7/ By DAVID J. WIN, City Attorney City of Palm Desert, CA RMPUB\DJE\9I2 -4- ORDINANCE NO. R4R AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RE-ENACTING AND • RE-ADOPTING THE PROVISIONS OF THE PALM DESERT MUNICIPAL CODE AND INCORPORATING THE CITY CHARTER THEREIN. • WHEREAS, by the adoption of Ordinance No. 168, the City Council of the City of Palm Desert, then a General Law City, enacted and adopted a .Code of Ordinance; and WHEREAS, on November 4, 1997, the voters of the City of Palm Desert ratified the Charter of the City of Palm Desert; and WHEREAS, on December 3 , 1997, the Secretary of State of the State of California accepted for said Charter for filing, which has been assigned Charter Chapter No. 19 for publication in the Statutes of 1997; and WHEREAS, on March 27 , 1998, the Charter was recorded in the County of Riverside Office of the recorder; and WHEREAS, is if the intent of the City Council, acting on behalf of the newly Chartered City of Palm Desert to en-enact and re-adopt the Code of Ordinances of the City of Palm Desert, including all amendments thereto; and WHEREAS, by said re-enactment and re-adoption, the City Council intends that the Code of Ordinances be interpreted, applied and enforced in accordance with the laws of the State of California as applied to Palm Desert as a Charter City having the right of governance over its municipal affairs; and WHEREAS, California Government Code, Section 50022 . 10, authorizes the City to recodify its Code of Ordinances; and WHEREAS, the City Council desires that the recodified Code of Ordinances and the Charter of the city of Palm Desert be titled and referred to as "THE PALM DESERT CHARTER AND MUNICIPAL CODE"; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as IRMPUB\DJE\912 ORDINANCE NO. 858 Section 1 . That the Recitals set forth above are true and correct and are incorporated herein by this reference. Section 2 . That the Code of Ordinances, entitled the Palm Desert Municipal Code, including all amendments thereto, which is on file with the City Clerk of the City of Palm Desert, is hereby re-enacted and re-adopted without change, except as provided herein, and shall, without interruption, remain in continuous force and effect unless and until amended or repealed .by action of the City Council. Section 3. That the Palm" Desert Charter, as ratified by the voters of the City of Palm Desert on November 4, 1997, and filed in the office of the secretary of State of California on , 1997, . is hereby acknowledged. as effective and is ordered to be incorporated into the Code of Ordinances for he City of Palm Desert, to be set forth as a preface to the terms thereof. Section 4 . That henceforth said Code of Ordinances and Charter shall be entitled "THE PALM DESERT CHARTER AND MUNICIPAL CODE". Section 5. That all provisions of "THE PALM DESERT CHARTER AND MUNICIPAL CODE" shall be in full force and effect on, from and after, the effective date of this ordinance; further, the provisions of the Code of Ordinances shall be interpreted, applied and enforced in accordance with the laws of the State of California as applied to a Charter City. Section 6. That any and all ordinances previously adopted by the City council of the City of Palm Desert on file in the office of the City Clerk, and not incorporated into the terms of the previous Palm Desert Municipal Code, are hereby re-enacted and ere-adopted without change and shall, without interruption, remain in continuous force and effect unless and until amended or repealed by action of the City council, which ordinances shall be interpreted, applied and enforced in accordance with the laws of the State of california as applied to a Charter City. Section 7 . That, unless otherwise provided herein, particularly by the terms of Sections 5 and 6 hereof, the re- enactment and re-adoption provided for in Section 2 and Section 6 of this ordinance shall not affect any of the following: (1) Any offense or act committed or done, or any penalty of forfeiture incurred, or any contract or vested right established or accruing before the effective date of this ordinance; RMPUB\DJE\912 -2- ' a _ • ORDINANCE NO. 858 (2) Any contract or obligation assumed by the City; (3) any right or franchise granted by the City. Section 8. That, notwithstanding any right of the Charter City of Palm Desert to govern independently from State law with respect to land use matters, the City of Palm Desert shall be governed in accordance with the terms of State law as regards to *the application, interpretation and enforcement of land use, planning and zoning matters, including, but not limited to, the requirement of consistency between the General Plan of the City and the terms of its Zoning Ordinances. Section 9. Any ordinance or provision of any ordinance, making any addition or amendment to the Palm Desert Charter and Municipal Code when passed in a form indicating the intention of the City Council to make the ordinance, or any part of the ordinance, part of said Charter and Code shall be deemed to be incorporated into the Code, and any reference to the Palm Desert Charter and Municipal Code or any title, chapter or section to the Palm Desert Charter and Municipal Code shall be understood and intended to include the appropriate provisions of such addition or amendment. Section 10. A copy of the Palm Desert Charter and Municipal Code shall be kept on file in the office of the Palm Desert City Clerk and it shall be the duty of the Palm Desert City Clerk, or the City Clerk' s designee, to periodically update and maintain the Palm Desert Charter and Municipal Code with such amendments or additions made by ordinances adopted by the City Council or to delete from the Palm Desert Charter and Municipal, Code provisions which may be, from time to time, repealed by ordinances of the Palm Desert City Council. The copy of the Palm Desert charter and Municipal Code kept and maintained by the Palm Desert City Clerk "PALM DESERT CHARTER AND MUNICIPAL CODE" shall be the official Section 11 . Whenever by the provisions of the "PALM DESERT CHARTER AND MUNICIPAL CODE" any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is declared unlawful or an offense, the violation of any such provision is a misdemeanor or an infraction as specified in the penalty provisions of the PALM DESERT CHARTER AND MUNICIPAL CODE. Section 12 . The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published and circulated within the City of Palm Desert, California. RMPUBOJE\912 -3- ORDINANCE NO. 858 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the gth day of • Terry , 1998, by the following roll call vote: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE . ABSENT: NONE . • ABSTAIN: NONE BENSON, MAYO ity of Palm Desert, CA ATTEST: By /SHEILA R. LLIGAN ity Clerk City of Palm Dese , CA APPROVED AS TO FORM: • By DAVID J. WIN, _City Attorney City of Palm Desert, CA • xMPUs\On1912 -4- i/Air J/ti. City of Palm Desert 197 :• 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)340-0574 CITY OF PALM DESERT CHARTER The undersigned do hereby certify and authenticate that the attached documents, Resolution Nos. 97- 55 and 97-100, consisting of a total of nine(9)pages, are full,true, and correct copies of the originals on file and of record in the Office of the City Clerk. RICHARD S. KELLY, MAYOR ,r SHEILA R. GILLIGAN, CITY CLERK ATTEST: SHEILA R. GILLIGAN, CITY,CLERK DATED: December 1, 1997 election\authent Recyc ea ?spar RESOLUTION NO. 97-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 1997, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, the General Municipal Election was held and conducted in the City of Palm Desert, California, on Tuesday, November 4, 1997, as required by law; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; voting precincts were properly established; election officers were appointed and that in all respects the election was held and conducted, and the votes were cast, received, and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 90-62 adopted June 14, 1990, the Riverside P County Election Department canvassed the returns of the election and the Registrar of Voters has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A". NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE, DECLARE, DETERMINE, and ORDER as follows: SECTION 1: That the whole number of ballots cast in the City, except Absent Voter Ballots was 3,980. That the whole number of Absent Voter Ballots cast in the City was 1,892, making a total of 5,872 ballots cast in the City. SECTION 2: That the names of persons voted for at the election for Member of the City Council are as follows: Walter H. Snyder Jim Ferguson Rick Post Jean M. Benson That the measure voted upon at the election (Measure LL) is as follows: Shall the Charter be adopted making Palm Desert YES a Charter City so that the laws of Palm Desert shall prevail over State law with respect to municipal NO affairs? Palm Desert City Council Resolution No. 97-100 SECTION 3: That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for Member of the City Council for which the persons were candidates and for and against Measure LL was as listed in Exhibit "A" attached. SECTION 4: That the City Council does declare and determine that Jean M. Benson was elected for a full term of four years and Jim Ferguson was elected for a full term of four years. SECTION 5: That the City Clerk shall enter on the records of the City Council of the City of Palm Desert a statement of the result of the election showing: (1) The whole number of ballots cast in the City; (2) the names of the persons voted for; (3) the measure voted upon; (4) for what office each person was voted; (5) the number of votes given at each precinct to each person; (6) the total number of votes given to each person and for and against Measure LL. SECTION 6: That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, at its Adjourned Meeting held on the 1st day of December, 1997, by the following vote, to wit: AYES: Benson, Crites, Snyder, Spiegel & Kelly NOES: None ABSENT: None ABSTAIN: None ARD S. KELLY, MAYOR ATTEST: L. --•J� I /� ��_. ' // / /,, 1% SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Exhibit "A" Palm ;ert City Council Resolution .,.,. 97-100 01 Rey O } 2724 Gateway Drive MISCHELLE TOWNSEND .i Riverside, CA 92507-0918 Registrar of Voters n� (909) 486-7200 ,M ors 1• FAX (909) 486-7272 REGISTRAR OF VOTERS COUNTY OF RIVERSIDE • CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS State of California ) ) ss. County of Riverside ) I, MISCHELLE TOWNSEND, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 307 and 15301 of the California Elections Code and the resolution adopted by the City Council, I did canvass the returns of the vote cast at the General Municipal Election held on November 4, 1997, as part of the Consolidated Election, in the CITY OF PALM DESERT and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes cast for each candidate for elective office, and for and against each measure submitted to a vote of the voters, at said election in said City and in each precinct therein, and that the totals as shown for each candidate and for and against each measure are full, true and correct. Dated this 21st day of November, 1997 • MISCHELL TOWNSEND Registrar of Voters a yyN .0 V [[13 TI ➢ A D 11 TI 11 v 13 v 13 'D [[1i) -13 -0v 1PPPy31/ a D 1) DVs["0 V1) DD 13p[tKKs13D G m m K m O C3 0 C) 0 KKKC) C) 0 0 0 0 C) C) 0 C3 C) 0 C) 0 C) 0 0 0 C) 0 C) C) 0 0 C3 C) 0 2 - 11- 03 ( 000mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm O '' CO m m m(n N m (n u) cn u)cn u) u)(n N(n u) u) u) (n (n in u) u,cn(n N cn v, (n u) m u) (n u) J N N m m m m m m m m m m m m m m m m m m m m m m m m m m m • M Al M -I -1 7J X/ XI X/ X -4 73 71 -I IP -I XI n X/ XI I/ XI 73 XI 73 A 23 X/73 XI XI XI 73 3 I • -4 -4 -c Q V O e. VI ID 3 NJ NpN ; ({,1 �y y pp pp� (f (p�1 (y ppo� p+f (py� (� Registration ♦ i N " O N ♦ P W W N W g 1 g J 01 O O! P. (!' lJ N O� U O W W N W V m O ♦ ♦ U1 m -' M VI ra g _ _ _ _ _ _ _ Ballots Cast _ V P.) b U J p t0 t0 O (�1 s V V p r N N t V N +N+ N t W {-t 8 8 O) N� N O U {m + W U t0 O N V W ♦ m U m ♦ ♦ m U ♦ + N m + V ♦ N O U tD lD ) OD NmzN `'' m m V m ♦ NmmO V + m88O /0 ♦ P W + -• u.mN0t0t0O VIJf Turnout (�� W m ♦ m • V LI m t0 m V ♦ W ie m m N V O V m — W In m m N V W 01 O W N m UL., 4. (1) \ J �Q PALM DESERT CITY COUNCIL i 3 0 0 o u, u. co t & 8 i 8 8 m 8 tt o m t 8 m v t S 8 8 t S 8 t 8 8 8 8 8 8 WALTER H SNYDER Z �^ tri _ JIM FERGUSON r- N , 1 Nt� V {,� {,� ww UOt V N V (p {� p V mm m V m y yy (/1 m V N mm ((��. ((�� W CA zs -+ O O W O tD U ♦ U 07 O C U W m W O m O aD t0 N m ♦ O U + m U m m O V to .O O W O m N W 8 V 10 m m ♦ Q m N + V U ♦ tV m N N O t.'. 8N t w # m RICK POST o_ I- 3 G �.. 4 O m > �pp pp� ww (� UU _p (� pp v�t {� JEAN M BENSON —I < �C_r OD v O m m U. m+ m U ♦ U L+ m O O V - W t0 O f0 t0 V N t0 U. N GI O V J m t0 10 n O A rn ul 1.t. C m C 0 Z —I LL PALM DESERT n 0 1. -. ADOPT CITY CHARTER Z p _ p P.) - . O ♦ VNNpWOmvmm00LmmWU UOpVWmmNpLI -1rNtD Yes (fl to C No I m F•►N J♦ ♦ O O O U. CA Ut CO N O ...I 40 m O N N m t0 CO t0 -- t0 U. W m N N O m m V 10 m ♦ m r I O A O_ J up RESOLUTION NO. 97-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTIO N TO BE HELD ON TUESDAY, November 4, 1997, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO A CHARTER FOR THE CITY OF PALM DESERT. WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday November 4, 1997, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to a charter for the City of Palm Desert; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Palm Desert, California,on Tuesday,November 4, 1997,a General Municipal Election for the purpose of electing two Members of the City Council for the full term of four years; SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: Shall the Charter be adopted making Palm Desert YES a Charter City so that the laws of Palm Desert shall prevail over State law with respect to municipal NO affairs? SECTION 3. That the proposed charter submitted to the voters is attached as Exhibit A. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized,instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 1 Resolution No. 97-55 City of Palm Desert, California SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. o'clock p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California. SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED and ADOPTED at the regular meeting of the Palm Desert City Council held on the 26th day of June, 1997, by the following vote, to wit: AYES: BENSON, SNYDER, SPIEGEL, and KELLY NOES: NONE ABSENT: CRITES ABSTAIN: NONE Richard S. Kelly, Mayor 7T: )` G Sheila R. Gillig , City Clerk( City of Palm Desert, Californm 2 Res. No. 97-55 ATTACHMENT "A" CHARTER OF CITY OF PALM DESERT PREAMBLE We the people of the City of Palm Desert declare our intent to maintain in our community the historic principles of self-governance inherent in the doctrine of home-rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will better serve and promote the health, safety and welfare of all the citizens of this City, we do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Palm Desert. CHARTER ARTICLE 1. MUNICIPAL AFFAIRS. Section 100. Municipal Affairs: Generally. Each of the responsibilities of governance set forth and described in this Charter, and as established by the Constitutional, statutory and judicially defined law of the State of California, is hereby declared to be a municipal affair or concern, the performance of which is unique to the benefit of the City of Palm Desert. Section 101. Powers of City. The City shall have full power and authority to adopt, make, exercise and enforce all legislation, laws and regulations with respect to municipal affairs, subject only to such limitations and restrictions as may be provided in this Charter and in the Constitution of the State of California. ARTICLE 2. FORM OF GOVERNMENT. Section 200. Form of Government. The municipal government established by this Charter shall be known as the "Council-Manager" form of government. The City Council establish the policy of the City; the City Manager shall carry out that policy. ARTICLE 3. REVENUE, SAVINGS AND GENERATION. Section 300. Public Works Contracts% The City shall have the power to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award and performance of any public works contract, including, but not limited to, the compensation rates to be paid for the performance of such work. Res. No. 97-55 • Section 301. Public Financing. The City shall have the power to establish standards, procedures, rules or regulations related to any public financing. Section 302. Utility Franchises. The City shall have the power to adopt any ordinance providing for the acquisition, development or operation by the City of any public utility and/or any ordinance providing for the granting of a franchise, license or permit to any public utility not owned by the City which proposes to use or is using City streets, highways or other rights-of-way. Section 303. Enterprises. The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. Section 304. Economic and Community Development. The City shall have the power to utilize revenues from the general fund to encourage, support and promote economic and community development in the City. ARTICLE 4. REVENUE RETENTION. Section 400. Reductions Prohibited. Any revenues raised and collected by the City shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government. Section 401. Mandates Limited. No person, whether elected or appointed, acting on behalf of the City, shall be required to perform any function which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority. ARTICLE 5. GENERAL LAWS. Section 500. General Law Powers. In addition to the power and authority granted by the terms of this Charter and the Constitution of the State of California, the City shall have the power and authority to adopt, make, exercise and enforce all legislation, laws, and regulations and to take all actions and to exercise any and all rights, powers, and privileges heretofore or hereafter established, granted or prescribed by any law of the State of California or by any other lawful authority. In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California, the provisions of this Charter shall control. 2 Res. No. 97-55 • ARTICLE 6. INTERPRETATION. Section 600. Construction and Interpretation. The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its powers to govern with respect to any matter which is a municipal affair. Section 601. Severability. If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. ARTICLE 7. AMENDMENT. Section 700. Amendment to Charter. revised or repealed. This Charter, and any of its provisions, may be amended by a majority vote of its electors voting on the question. Amendment or repeal may be proposed by initiative or by the governing body. 3