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Home My WebLink AboutCC RES 97-100 .......-................... . .. .„ . . .•• •• wrg ii )4 ... . 4,. ... City of Palm Desert .........,.................. 73-510 FRED WARING DRIVE, PALM DESERT,CAUFORNIA 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. 7 ' RI HARD S. KELLY, MAYOR ,, SHEILA R. IGAN, CI CLERK • / . /1. . -,--e%4:7,:—• /S'HEILA R. GIL AN, CIMCLERK DATED: December 1, 1997 I, I, election\authent i10 lierycial NW ` �Q_�IS ,.,� � RESOLUTION NO. 97-100 A RESOLUTION OF THE CITY COUNCIL OF TI� CITY OF PALM DESERT, CALIFORIVIA, RECITING THE FACT OF TI� 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 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 aze 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 Ciry 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 lst day of December, 1997, by the following votc, to wit: AYES: Benson, Crites, Snyder, Spiegel & Kelly NOES: None ABSENT: None ABSTAIN: None ATT�ST: re --J� / , i� ; � - • � . ; / i / SHEILA R. �GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA � . MISCHELLE TOWNSEND Registrar of Voters 2724 Gateway Drive Riverside, CA 92507-0918 (909) 486-7200 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 County of Riv�rside Euhibit "A" Palm Le�rrt City Council Resolution N�. �7-lOQ ) ) ss. ) 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 Etection held on November 4, 1497, 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 whoIe 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 Euhibit "A" Palm D�.�...t City Council Resolution Na _..�-100 11/19197 5:37 PM November 4, 1997 Statement oi Votes GENERAL CONSOLIDATE� ELECTION � 54 of 79 PALM DESERT CiTY COUNCIL! MEAS�RE LL 7�vALM OESERT PALM OESERT aAIM �ESERT 10 - PALM DESERT 871 - PALM OESER7 832 - PALM OESERT 873 - PALA1 DESERT 834•PALM DESERT 833 - PALM DESERT &1B - PALM DESERT B37 • PALM DESERT 838 - PALM DESERT 83B-PALM DESERT 840-PALM DESER7 841-PALM DESERT 842-PALM DESERT 843 • PALAA DESERT 844•PALM DESERT 9�5-PALM DESERT 8�9 • PALAA DESERT &/7 - PALM DESERT 848-PALM DESERT 849-PALM DESERT 950-PALM DESERT '.1 - PALM DESERT �2 - PALA1 DESERT �-•.3 • PALM OESERT �Ss•aALM DESERT BSS•PAIM OESERT B58 • PALM OESERT 857 • PALM DESERT 1266-VALIADESERT t 297 • PALM DESERT 1288 - PALM DESERT 8000082 - ABS 82 8000089 - ABS B� Abiamee TMali r,,a�e r��,�. o � T � U � ;, o 0 C d' '�0 H B71 6D 1 758 93 1 885 iSE t 644 1J0 i 884 732 1 710 84 712 112 15.7 833 71 111 553 8t 11.6 920 125 13b 380 12B 225 673 754 24.3 ne i4e �e.i 712 119 20.8 803 179 29.7 78S 19B 25.0 �o� �s �e.� 92E tfl6 21.7 780 134 1� 2 98A 203 20.6 sn � ie.e ays ao �e.� �a� ez u.e 710 1a! 14.9 353 58 18.4 872 119 17.7 B29 155 18.8 21462 1891 42 1 21504 1897 2180�t 5874 e.e U Q r W C � i o C � y 1• S � � � � o W y� a LL � t � (,1 Q ; � C 20 �0 57 30 9� 2 0 N 2 W m � t W � 36 50 BB B7 SE 88 53 67 90 2B 24 30 44 75 44 T9 109 118 7S 182 EO 81 N 7S Ig 54 38 89 3p 3p 72 42 29 3� 20 78 S1 73 38 89 6� 93 �2 89 47 89 58 8a 89 80 37 B6 90 7B 34 11� 8� 105 54 191 18 73 1S - 37 91 94 47 17E 41 73 41 91 � us �z ia �e s� �e u 24 74 18 31 38 7S 59 43 IS 79 87 68 q 60 33 81 8 20 13 16 S a 2 8 S 10 8 8 0 0 0 0 QO B44 843 1107 0 1 0 7 Yl0 8�5 613 1108 ¢ 1- H ¢ z� W = V � � i� H » � 6 O O S Y 2 J < 1 18 79 14 142 9 97 19 itt 17 51 8 104 18 220 10 98 T2 � � �ao ie 13S 11 725 to 123 19 148 19 �e> >e �4 2 169 12 119 10 183 27 88 B 77 9 81 7 131 105 � 0 t♦ 0 0 0 7601 211 1 0 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 ELECTION 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, THERJ ,the_City Council of the City of Palm Desert; California,..DOES._ AEAEB � g:DECEARE DFr' a c O r O LOWS::. SECTION:_'1 t-pursuant_to_the_recp rtgW4hc Iaws4of.thet tta of'California relating to General=Law:Cities;there-is_called-anr-ordere lcat Al it otpdrmtesert: California;on-Tuesday;Noyetb '4;1997f aGeneral 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;Rfic^'i PASSED, APPROV NLADOW LLEta- ac-meeting=of=the Palm Desert-City Council held on the 26th day oPr19 -bwthe, olla A _ :: BENSON; SNYDER SPI Gr.;., and KFfW- NON: NONE ABSENT: CRITES ABSTAIN: NONE Richard S. Kelly, Mayor 77J: )('qefe . Sheila R. Gillig , City Clerk( City of Palm Desert, Californ� 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. •