HomeMy WebLinkAboutPalm Desert City CharterCity of Palm Desert
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578
TELEPHONE (619) 346-0611
FAX (619) 340-0574
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.
RI HARD S . KELLY, MAYOR SHEILA R. 6WLIGAN, .CI CLERK
SAT EST:
SHEILA R. GILL16AN, CIS LERI
DATED: December 1, 1997
election\authent
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
MELD 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 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:
NOES:
ABSENT:
ABSTAIN:
Benson, Crites, Snyder, Spiegel & Kelly
None
None
None
ATTEST: '
SHEILA R. -GILLIGAN, CITY CLERK
CITY OF PALM DESERT; CALIFORNIA
E bit "A"
Palm Desert City Council Resolution No. 97-100
MISCHELLE TOWNSEND
Registrar of Voters
REGISTRAR OF VOTERS
COUNTY OF RIVERSIDE
2724 Gateway Drive
Riverside, CA 92507-0918
(909) 486-7200
FAX (909) 486-7272
CERTIFICATE OF REGISTRAR OF VOTERS
TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS
State of California )
) ss.
County of Rivgrside )
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
M41SCHELL TOWNSEND
Registrar of Voters
Exhibit "A"
Palm Desert City Council Resolution PTO. 97-100
1/119/97 5.31 PM Statement of Votes
54 of 79
November 4, 1997 GENERAL CONSOLIDATED ELECTION
37
PALM DESERT CITY COUNCIL I MEASURE LL
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'25 - PALM DESERT
621
89
11.1
29
39
28
29
51
16
?7 - PALM DESERT
758
95
12.5
30
57
30
59
79
14
- PALM DESERT
885
150
17.8
56
94
43
98
142
8
s - PALM DESERT
644
130
20.2
38
50
59
87
97
19
_30 - PALM DESERT
684
132
19.3
58
68
53
67
111
17
831 - PALM DESERT
710
64
9.0
30
28
24
30
51
8
832 - PALM DESERT
478
127
28.6
44
75
44
73
104
18
SM - PALM DESERT
757
244
32.2
103
118
75
162
220
10
834. PALM DESERT
763
128
18.3
80
81
41
75
98
22
835 - PALM DESERT
712
112
15.7
46
54
39
69
86
22
936 - PALM DESERT
633
71
11.2
30
30
22
42
53
16
837 - PALM DESERT
553
64
11.6
29
34
20
38
47
13
SM - PALM DESERT
920
125
13.8
60
64
32
77
103
15
839 - PALM DESERT
580
120
22-5
51
75
38
69
100
19
SW - PALM DESERT
635
154
24.3
64
93
42
89
135
11
841-PALM DESERT
776
148
19.1
47
89
56
80
125
19
842 - PALM DESERT
712
148
20.8
69
80
37
89
123
19
843 - PALM DESERT
603
179
29.7
90
78
34
134
148
19
84-4- PALM DESERT
785
198
25.0
84
105
54
131
197
18
845-PALM DESERT
401
75
18,7
18
33
15
.. 37
44
2
848 - PALM DESERT
926
195
21.1
91
94
47
138
169
12
84.7 - PALM DESERT
780
134
17.2
41
73
41
94
119
10
B" - PALM DESERT
984
203
20.6
83
125
72
104
163
27
849-PALM DESERT
577
97
18,8
28
70
26
58
88
8
950 - PALM DESERT
493
89
1&1
28
58
26
51
77
9
�51- PALM DESERT
731
92
12.8
38
48
34
55
81
7
52 - PALM DESERT
720
103
14.3
38
54
48
44
80
10
s3 - PALM DESERT
353
58
16.4
24
34
18
31
53
2
)54 - PALM DESERT
672
119
17.7
3B
75
59
45
106
9
855- PALM DESERT
823
155
18.8
45
79
87
68
131
i5
856 - PALM DESERT
423
135
31.9
43
88
33
81
10S
15
857 - PALM DESERT
348
34
9.8
8
20
13
15
29
5
1288-PALM DESERT
24
8
33.3
5
3
2
6
7
0
1267 - PALM DESERT
42
15
35.7
5
10
8
8
14
0
1268 - PALM DESERT
0
0
nla
0
0
0
0
0
0
8000082-ASS 82
21462
1891
8.8
920
844
643
1107
1601
214
8000083 -ASS 83
42
1
2.4
0
1
0
1
1
0
Absentee ToWs
21 SU
1892
8.B
920
845
643
lice
1802
214
Grand ToWs
1 215NI
5872
27.3
2447
3OD51
19491
34211
1 4908 1
M48
RESOLUTION NO.97-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
MOLDING 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 1j 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, DE-1 UVIINE 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.
I
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:
NOES:
ABSENT:
ABSTAIN:
BENSON, SNYDER, SPIEGEL, and KELLY
NONE
CRTTES
NONE
ST.
G
Sheila R. Gillig , City Clerk
City of Palm Desert, Californi
am-
Richard S. Kelly, Mayor
Res. No. 97--55 ATTACHMENT "A"
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.
ARTICLE 1. MUNICIPAL AFFAIRS.
Section 100. MunicipalEach 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. 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 G-oxenriment. 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. 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. PuWic_]EinandnpL The City shall have the power. to establish standards,
procedures, rules or regulations related to any public financing.
Section 302. JW ' 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. 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. 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. MandaW 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 S. 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
Section 600. CMMbMWQU and Interpniadon., 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. ' , rs 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. 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