HomeMy WebLinkAboutCharter City Advisory Committee S
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
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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:
1111), go
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O ► WOHLMUT RAMON A. DIAZ
A' ISTANT CITY MANAGER/ CITY MANAGER
IRECTOR OF ADMIN. SERVICES
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i: ;Ur3C;1L ACTION:
'.PROVED DENIED
;tECEIVED OTHER
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SENT: /J6j
ABSTAIN: Q'y z.
VERIFIED BY: �if
Original on File w th City Clerk's Office
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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 affmity 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.
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Section 301. Public Financing. The City shall have the power to establish standards,
procedures, rules or regulations related to any public financing.
Section 302. Public Utilities or any other entity. public or otherwise. 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.
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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.
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