HomeMy WebLinkAbout1666 - ORDINANCES - 4/6/2005 ORDINANCE NO. 1666
AN ORDINANCE OF THE CITY OF PALM SPRINGS, '
CALIFORNIA, ADDING CHAPTER 2.55 TO THE PALM SPRINGS
MUNICIPAL CODE ESTABLISHING AN OFFICE OF
NEIGHBORHOOD INVOLVEMENT
City Attorney's Summary
This Ordinance authorizes the City Manager to establish an Office
of Neighborhood Involvement and an administrative process for the
recognition of neighborhood organizations, develop boundaries for
each neighborhood organization, and establish a Neighborhood
Empowerment Program as described in the Ordinance. The
Ordinance also provides general criteria for the creation of by-laws
for neighborhood organizations and the development of a
neighborhood involvement plan and related implementation
regulations in furtherance of the plan. The Ordinance also provides
for creation of a Neighborhood Involvement Committee, consisting
solely of representatives from each neighborhood organization.
WHEREAS, the City Council of the City of Palm Springs ("City Council") ,
recognizes the importance of citizen participation in local government; and
WHEREAS, the citizens of the City of Palm Springs ("City") have demonstrated
their interest in matters which affect the City's neighborhoods; and
WHEREAS, citizen participation is more effective where a designated
communication link and an organizational infrastructure exist to facilitate
communication, encourage citizen participation and achieve consensus; and
WHEREAS, the City Council recognizes that there are a variety of projects
undertaken by the City, or subject to the City's approval, and that such projects
include but are not limited to, development projects; public works projects of
interest because they affect public access or use of public facilities; special
events conducted by either the City or private entities subject to the City's
approval which may affect specific neighborhoods; the abatement of nuisances;
public safety issues; the adoption of ordinances and regulations which may affect
residents or the conduct of businesses; and similar smatters; and
WHEREAS, in response to requests from citizens, to ensure the most efficient
use of the time and resources of City Councilmembers, City Commissioners, City
staff, citizens and other public and private entities, the City Council desires to add
Chapter 2.55 to the Palm Springs Municipal Code to establish rules and
regulations for the administration of the Office of Neighborhood Involvement.
Ordinance No. 1666
' Page 2
NOW THEREFORE, it is found, determined and ordained by the City Council of
the City of Palm Springs as follows:
Section 1. All of the facts set forth in the above recitals are true and correct
and are incorporated herein by this reference.
Section 2. The Palm Springs Municipal Code is hereby amended to add a new
Chapter 2.55 to read in its entirety as follows:
OFFICE OF NEIGHBORHOOD INVOLVEMENT
Sections:
2.55.010 Purpose.
2.55.020 Limitations.
2.55.030 Definitions.
2.55.040 Findings.
2.55.050 Office of Neighborhood Involvement.
2.55.060 Development of the Neighborhood Involvement Plan.
2.55.070 Criteria to Establish a Recognized Neighborhood
Organization; Bylaws.
' 2.55.080 Boundaries.
2.55.090 Process for Certification of a Neighborhood Organization.
2.55.100 Membership of a Neighborhood Organization.
2.55.110 Funding.
2.55.120 Neighborhood Involvement Committee.
2.55.130 Neighborhood Empowerment Program.
2.55.140 Early Notification.
2.55.150 De-certification of a Neighborhood Organization.
2.55.160 Neighborhood Organization Reports.
Section 2.55.010 Purpose.
This Chapter is intended to create a framework to include the people of
the City of Palm Springs in civic affairs to work to improve the livability and
character of their neighborhoods and the City. This Chapter sets forth the
basis for City recognition of Neighborhood Organizations and the
responsibilities and benefits accruing thereto, as well as the manner in
which the Neighborhood Involvement Committee will receive notification of
City Actions that may affect them. There are a variety of projects
undertaken by the City, or subject to the City's approval, which the
Neighborhood Involvement Committee will receive notice of including, but
' not limited to, development projects; public works projects of interest
because they affect public access or use of public facilities; special events
conducted by either the City or private entities subject to the City's
Ordinance No. 1666
Page 3
approval which may affect specific neighborhoods; the abatement of
nuisances; public safety issues; and the adoption of ordinances and
regulations which may affect residents and/or businesses.
The purpose of this Chapter is to foster partnerships of open
communication by establishing a mechanism for two-way communication
between the City and the Neighborhood Involvement Committee, to allow
for direct participation and education of the City's residents, and to
encourage diverse perspectives, which is intended to lead to innovative
solutions and consensus.
Section 2.55.020 Limitations.
Nothing herein is intended in any way to limit or govern the rights of
residents or property owners to associate or to form groups or nonprofit
entities as they desire. This Chapter is merely intended to create a
recognition process for the Neighborhood Involvement Committee and
Neighborhood Organizations so that the Neighborhood Involvement
Committee can be given notice of City Actions which may affect the City's
residents. This process is not a substitute for the notification required by '
law, but is in addition to such requirements and City officials shall continue
to separately meet all requirements for notice provided by state and local
laws.
Section 2.55.030 Definitions.
A. Neighborhood: A geographically contiguous community with an
historic identity and/or commonality of interests.
B. Neighborhood Organization: An autonomous organization formed
voluntarily by people for the purpose of considering and acting on
issues affecting livability and quality of their neighborhood, which, if
formally recognized by the City Manager, pursuant to the standards
set forth in Section 2.55.090, may participate in the formation of the
Neighborhood Involvement Committee.
C. Neighborhood Involvement Committee: The oversight committee
created by the Neighborhood Organizations which is composed of
one or more representative(s) of each Neighborhood Organization,
as further described in Section 2.55.120, which receives
information from the City to be disseminated to the Neighborhood
Organizations. '
Ordinance No. 1666
Page 4
D. Map of Neighborhood Organization Areas: The map drawn by the
City Manager to establish the areas of representation for the
Neighborhood Organizations, pursuant to Section 2.55.080.
E. City Actions: City actions which are subject to this Chapter include,
but are not limited to, development projects which are subject to
review by the City Council, Planning Commission or staff; public
works projects of interest because they affect public access or use
of public facilities; special events to be conducted by either the City
or private entities subject to City approval which may affect specific
neighborhoods; the abatement of nuisances; public safety issues;
the adoption of ordinances and regulations which may affect
residents and/or businesses; and similar matters. City actions shall
be those activities of the City which have the potential to
significantly affect the occupants or owners of property. The City
Manager shall work with the various departments of the City to
develop a detailed list of what shall be considered City Actions
under this Chapter, pursuant to Section 2.55.050(E).
' F. Special Events: Include events conducted by either the City or
private entities subject to City approval which may affect
surrounding property. When there is a series of linked events, one
notice may be given listing all of the applicable dates.
Section 2.55.040 Findings,
The City Council finds that there is a need to maintain strong channels of
communication with the citizens of Palm Springs on matters affecting the
livability of their neighborhoods. It is the intent of the City Council,
through the recognition of the Neighborhood Involvement Committee, to
foster a partnership of open communication between the City and its
neighborhoods; to enhance the environment in which citizens are
afforded an opportunity to participate in governmental decisions; to foster
cooperation and consensus among diverse interests; to assist the City
and neighborhood residents in developing solutions to mutual concerns;
and to foster within the City government a service orientation towards its
citizens and to develop in the citizens a sense of personal pride and
responsibility for their neighborhoods. The City Council has
recommended that a plan be developed for recognizing Neighborhood
Organizations and to establish guidelines for a Neighborhood
' Involvement Committee to include such organizations, through the
Neighborhood Involvement Committee, in the formation of policies and
procedures relating to the governance of the City.
Ordinance No. 1666 '
Page 5
Due to the difficulties inherent in communicating with the numerous
organizations, the Neighborhood Involvement Committee is established
as the clearinghouse for all information. The City shall provide notice
hereunder to the Neighborhood Involvement Committee, consisting of the
representatives of the Neighborhood Organizations, and the
representatives shall be responsible for communicating with their
organization. Neither the Neighborhood Involvement Committee nor the
Neighborhood Organizations shall be subject to the Brown Act as neither
is formed by the City Council, nor shall the Neighborhood Organizations
have an advisory role to any board or commission of the City or the City
Council.
Section 2.55.050 Office of Neighborhood Involvement.
The City Manager shall establish an Office of Neighborhood Involvement.
The City Manager, or his or her designee, will be responsible for the
efficient administration of the Office of Neighborhood Involvement and
shall exercise those functions, as further described in this Section. It
shall be the duty of the City Manager and he or she shall have authority:
A. To develop the initial boundary map with concurrence from the '
Neighborhood Involvement Committee and oversee revisions of the
boundary maps of Neighborhood Organizations within the City,
pursuant to Section 2.55.080.
B. To develop an application to certify Neighborhood Organizations.
C. To certify Neighborhood Organizations pursuant to Section
2.55.090.
D. On an as-needed basis, to meet with the various departments of
the City that communicate with citizens who will be affected by the
department's actions and, if necessary, to discuss with such
departments strategies to improve such communications. The City
Manager shall develop a list of activities which shall be considered
City Actions hereunder and what notice is recommended for such
City Action.
E. To at least semi-annually, submit a report from the Neighborhood ,
Involvement Committee to the City Council, evaluating from the
perspective of the Committee, whether the City has provided timely
' Ordinance No. 1666
Page 6
notice to the Neighborhood Involvement Committee of City Actions
and whether the City was responsive to the Neighborhood
Involvement Committee. The report shall also make
recommendations to improve the City's responsiveness and
performance.
F. Work with Neighborhood Organizations to establish the
Neighborhood Empowerment Program, as further described in
Section 2.55.130.
G. To keep the City Council fully advised as to the needs of the
Neighborhood Organizations as communicated by the
Neighborhood Involvement Committee and to recommend to the
City Council for adoption necessary measures and ordinances.
H. To perform such other duties and exercise such other authority as
may be delegated from time to time by ordinance or resolution of
' the City Council.
Section 2.55.060 Development of the Neighborhood Involvement Plan.
The City Manager, in consultation with the Neighborhood Involvement
Committee, shall develop a "Plan" for a citywide system of Neighborhood
Organizations, in conformance with the following:
A. The Plan shall contain a statement of goals, policies and objectives
of the Neighborhood Organization system, and shall contain
specific "Regulations," to implement the Plan.
B. The Regulations must ensure that all residential areas, including
those with mixed commercial uses, are given an equal opportunity
to form Neighborhood Organizations.
C. The Regulations shall promote open membership in the
Neighborhood Organization and methods of communication to
assure that those living or operating businesses within the area are
adequately represented by the Neighborhood Organization.
D. The City Manager shall seek public input in the formulation of the
Plan.
Ordinance No. 1666 '
Page 7
E. The Regulations shall ensure that Neighborhood Organizations,
through the Neighborhood Involvement Committee, are provided
timely notice of City Actions.
Section 2.55.070 Criteria to Establish a Recognized Neighborhood
Organization; Bylaws.
In order to be a recognized Neighborhood Organization, each
Neighborhood Organization shall adopt bylaws which will, at a minimum,
include rules governing the process and procedure for:
A. The method by which its officers are chosen;
B. Membership and voting requirements;
C. The regular annual meeting date and a method for amendment;
D. A system through which the Neighborhood Organization will
reasonably communicate with all eligible members on a regular
basis. Eligible members shall include all residents, (including '
business occupants) and owners of property within the
Neighborhood's boundaries;
E. A system for financial accountability of its funds and records
including maintenance of meeting sign-in sheets;
F. Electing representative(s) of the Neighborhood Organization to
represent the Neighborhood Organization in the Neighborhood
Involvement Committee;
G. Guaranteeing that all meetings will be open and public and will
permit, to the extent feasible, every person eligible for membership
to participate in the conduct of business, deliberation and decision-
making; and
H. Assurance that the members of the Neighborhood Organization will
reflect the diverse interests within their area.
The bylaws shall also describe the Neighborhood's boundaries in
conformance with the boundaries established by the City Manager
pursuant to Section 2.55.080(A).
' Ordinance No. 1666
Page 3
The bylaws may establish membership criteria and provide for
contributions or the payment of dues. Should the Neighborhood
Organization adopt membership criteria or contribution obligations, the
Neighborhood Organization must, nevertheless, give reasonable notice of
all of its meetings to all property owners and residents within its
boundaries. This may be an annual notice if all meetings are held on a
regular basis.
The initial bylaws shall be presented to and filed with the City Manager as
part of the official recognition process, in accordance with Section
2.55.090. All bylaw changes must also be filed with the City Manager.
Section 2.55.080 Boundaries.
The boundaries of Neighborhood Organizations will be initially defined by
the City Manager with concurrence from the Neighborhood Involvement
Committee (NIC), and shall only be revised, by the City Manager in
consultation with the NIC as set forth in Section 2.55.050(A). Boundaries
shall not overlap. The initial map, and any proposed revised map, may be
' circulated to Neighborhood Organizations for review and comment before
the map is finalized.
When establishing the map, the City Manager may define overall areas in
which Neighborhood Organizations may elect to be formed. The
Neighborhood Organization must be willing to accept membership from
anyone within the entire area defined on the map. The City Manager will
consider the certification of any group in an area who petitions, submits
bylaws and meets the criteria of Section 2.55.070. Certification shall be in
accordance with Section 2.55.090 but the City Manager may only certify
one group per area.
The initial Neighborhood boundary shall be established by the City
Manager with concurrence from the Neighborhood Involvement
Committee based upon (1) the geographical identity of the area; (2)
whether properties in the area are likely to be affected by City Actions in a
similar manner; (3) how long an existing neighborhood organization has
been previously established and its recognized boundaries; (4) whether
members have participated together concerning prior City Actions; (5)
whether the size of the area will or will not facilitate communications; and
(6) other factors demonstrating a 'commonality of interests."
Subsequently, new Neighborhood Organizations will need to have their
boundaries approved by the City Manager following consultation with the
Neighborhood Involvement Committee. Any boundary changes must be
approved by the City Manager.
ordinance No. 1666 '
Page 9
Section 2.55.090 Process for Certification of a Neighborhood
Organization
A. Any group wishing to be certified as a Neighborhood Organization
shall hold an organizational meeting where the purpose of being a
Neighborhood Organization is discussed, the bylaws are approved,
members join, officers are elected (including the representative to
the Neighborhood Involvement Committee), and a petition for
certification is signed. The group shall give written notice of the
organizational meeting, by first class mail, to all parties eligible for
membership. The City shall assist in identifying those entitled to
notice and providing resources for the mailing.
B. Each Neighborhood Organization seeking official certification shall
submit to the City Manager: (1) a completed application, in a form
approved by the City Manager, for certification, (2) a petition to be
recognized as a Neighborhood Organization hereunder signed by
at least twenty (20) persons owning or occupying property within
the boundaries designated by the City Manager, (3) bylaws meeting
the minimum requirements set forth in Section 2.55.070, and (4) a
current list of its officers and designated representatives to the
Neighborhood Involvement Committee. Persons eligible to sign the
petition for each parcel shall include any person owning or lawfully
residing on or occupying the parcel, including business occupants.
The City Manager shall certify a Neighborhood Organization if the
City Manager determines that:
1. The petition is sufficient.
2. The bylaws meet the minimum criteria established in Section
2.55.070.
3. The group is representative of the Neighborhood (within the
defined boundaries).
Section 2.55.100 Membership of Neighborhood Organization.
The membership of Neighborhood Organizations shall be open to all
residents, (including business occupants) and owners of property within
the Neighborhood's boundaries. All members of the Neighborhood
Organization may actively participate in neighborhood events, activities
and meetings, and may exercise voting rights pursuant to the bylaws, '
without regard to race, religion, sex, gender, sexual orientation or physical
ability. The Neighborhood Organization will be responsible for maintaining
' Ordinance No. 1666
Page 10
records to show its efforts at outreach, the level of participation in the
organization and the organization's activities.
Section 2.55.110 Funding,
Membership fees, when established by the bylaws of a Neighborhood
Organization, shall be voluntary and shall not bar any resident, occupant
or property owner from Neighborhood Organization participation.
Voluntary dues, contributions, contracts, grants or subscriptions may be
used by a Neighborhood Organization as provided for in the
Neighborhood Organization's bylaws.
Section 2.55.120 Neighborhood Involvement Committee.
The recognized Neighborhood Organizations shall form a Neighborhood
Involvement Committee to serve as a clearinghouse for information from
the City to the Neighborhood Organizations. Each recognized
Neighborhood Organization shall have equal representation on the
Neighborhood Involvement Committee and shall determine their appointed
representatives. The Neighborhood Involvement Committee will have
regular, open meetings as determined by its members.
Section 2.55.130 Neighborhood Empowerment Program.
A. The City Manager shall establish a program for continuous
neighborhood improvement which program shall include the
following elements:
1. Facilitating Neighborhood Watch programs.
2. Facilitating rapid response to public nuisance complaints.
3. Encouraging volunteer participation in the City's code
enforcement and nuisance abatement program.
4. Periodic neighborhood tours to identify "hot spots" needing
attention and improvement strategies.
5. As requested, assisting neighborhoods to coordinate
participation by youth in neighborhood projects such as
vacant lot clean ups, art programs, senior citizen assistance,
' environmental projects, neighborhood watch and similar
activities.
Ordinance No. 1666 '
Page 11
6. The City Manager will make every effort to the extent
possible to have staff attend neighborhood organization
meetings.
B. The City Manager shall cause a Neighborhood (Nonprofit
Foundation (" Foundation") to be established under Section
501(c)(3) of the Internal Revenue Code, or similar authority, for the
purpose of receiving tax-exempt contributions for the betterment of
neighborhood areas. Contributions may be made for betterment of
specific neighborhoods and the Foundation shall keep such
contributions in separate accounts and shall release monies for
specified purposes and require an accounting to show that such
funds have been spent for the specified purposes. Such funds may
be spent to make physical improvements to upgrade such
neighborhoods and for programs and services of benefit to the
neighborhoods and shall be legally appropriate expenditures for the
Foundation pursuant to the Internal Revenue Code. The City may
also make contributions to the. Foundation. The Foundation's
Articles of Incorporation and Bylaws shall provide for the
organization and governance of the Foundation.
Section 2,55.140 Notification,
The Regulations set forth in the Neighborhood Involvement Plan shall
establish procedures for the departments of the City to give notice to the
Neighborhood Involvement Committee, with a reasonable opportunity for
the Neighborhood Involvement Committee to respond prior to City Actions
being undertaken by any department of the City, any board or commission
of the City or the City Council as outlined in Sect. 2,55.050 (4).
In addition, the Regulations shall advise the Neighborhood Involvement
Committee of the City's process to bring a project of interest to a particular
neighborhood or group of Neighborhood Organizations to the appropriate
City board or commission or the City Council.
As part of the City Manager's semi-annual report required pursuant to
2.55.050(5), the City Manager shall evaluate the sufficiency of the notices
being given to ensure that the notices are being given in a manner which
provides the Neighborhood Organizations with sufficient time and
information to allow the Neighborhood Organizations to generate their
comments before consideration of the City Actions by City departments,
City boards and commissions, and the City Council as applicable. '
Section 2.55.150 De-certification of a Neighborhood Organization.
' Ordinance No. 1666
Page 12
A. In the City Manager's sole discretion, the City Manager may de-
certify a Neighborhood Organization after the receipt of complaints
or a petition or on the City Manager's own motion, when the City
Manager determines that:
1. A Neighborhood Organization has failed to comply with any
material requirement hereof for certification, and continues to
do so after due notice; or;
2. A Neighborhood Organization is no longer representative of
the diverse interests within the area that it represents.
B. Whenever the City Manager considers de-certification, the City
Manager shall inform the designated representative(s) of the
Neighborhood Organization of such consideration and the reasons
therefore, and shall provide at least thirty (30) days for a response.
The de-certification then may be appealed to the Neighborhood
Involvement Committee within 30 days. The outcome of that appeal
will be advisory to the City Manager. After any final decision is
' made by the City Manager, he or she shall deliver the written
decision regarding the matter to the designated representative(s) of
the Neighborhood Organization and the representative(s) of the
complaint or the petitioners, if any.
Section 2.55.160 Neighborhood Organization Reports.
Each certified Neighborhood Organization shall submit a report of its
annual meeting to the City Manager within thirty (30) days of such
meeting. Additionally, the neighborhood organization shall include a
current copy of the membership list showing all members in good
standing.
Section 3. Severability. It is the intention of the City Council that the sections,
subsections, clauses and phrases of this Chapter are severable, and if any
portion of this Chapter is for any reason held to be invalid or unconstitutional by a
court of competent jurisdiction, such decision shall not affect the validity or the
remainder of the Chapter, and the City Council would have enacted such
remainder without the portion found to be invalid or unconstitutional.
Section 4. Legal Construction. The provisions of this Chapter shall be
construed as necessary to effectively carry out its purposes, which are hereby
found and declared to be in furtherance of the public health, safety or
convenience.
Ordinance No. 1666 '
Page 13
Section 5. Publication. The City Clerk of the City of Palm Springs shall certify
to the passage and adoption of this Chapter, and shall cause the same to be
posted and/or published in the manner and the time required by law.
ADOPTED this 6" day of April, 2005.
AYES: Members Mills, Pougnet and Mayor Oden
NOES: Member McCulloch
ABSTAIN: None
ABSENT: Member Foat
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
t I, James Thompson, City Clerk of the City of Palm Springs, California, HEREBY
CERTIFY THAT THE FOREGOING Ordinance 1666 was duly adopted by the ,
City Council of the City of Palm Springs, California, in a meeting held on the 6th
day of April, 2005, and that Ordinance No. 1666 was published in the Public
Record, a newspaper of general circulation on April 12, 2005, in a summary form.
e' es Thompson
ity Clerk