HomeMy WebLinkAbout1843 ORDINANCE NO. 1843
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING ORDINANCE NO. 1842,
CANCELLING THE SPECIAL ELECTION CALLED ON
TUESDAY, APRIL 22, 2014, AND WITHDRAWING THE
MEASURE SUBMITTED TO THE QUALIFIED VOTERS TO
CONSIDER RESOLUTION NO. 23270 REGARDING A
KIMPTON BRAND HOTEL WITHIN BLOCK C OF THE
MUSEUM MARKET PLAZA SPECIFIC PLAN.
City Attorney Summary
This Ordinance repeals Ordinance No. 1842 calling a Special
Municipal Election to be held on April 22, 2014, pursuant to
the Charter of the City of Palm Springs, which submitted a
Measure to the qualified voters a Measure to consider
Resolution No. 23270 regarding a Kimpton Brand Hotel
within Block C of the Museum Market Plaza Specific Plan.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
FINDS:
A. The City Council on January 17, 2014, adopted Ordinance No. 1842,
calling and giving notice of a Special Municipal Election, to be held in the City of Palm
Springs, on April 22, 2014, and submit to the voters Resolution No. 23270, regarding a
Kimpton Brand Hotel within Block C of the Museum Market Plaza Specific Plan.
B. Pursuant to § 9605 of the California Elections Code, the City Council may
withdraw the Measure and the order of election.
C. The Cityand Frank T sen and the Advocates for Better Community
Y
Development have reached an agreement that will set aside the need for a Special
Municipal Election.
D. § 802 of Article Vill of the Charter of the City of Palm Springs, provides the
City Council may by ordinance enact procedures for the conduct of municipal elections.
E. § 5(b) of Article XI of the California Constitution allows Charter Cities to
provide for the conduct of city elections and recognizes regulations for the conduct of
local elections is a matter of local concern.
F. § 315 of Article III of the Charter of the City of Palm Springs, provides that
an ordinance calling or otherwise relating to an election takes effect upon adoption and
therefore consistent with § 312 of Article III of the Charter of Palm Springs, this
ordinance will take effect upon adoption without introduction.
Ordinance No. 1843
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. Ordinance No. 1842, calling a Special Municipal Election and
submitting to the qualified voters a Measure regarding Resolution No. 23270, is hereby
repealed, the Special Municipal Election called for Tuesday, April 22, 2014, is cancelled.
SECTION 2. Resolution No. 23492 requesting the Board of Supervisors of the
County of Riverside render election services, is hereby repealed. Notwithstanding, the
City Clerk is authorized and directed to reimburse the County of Riverside for all
services performed to date for the Special Municipal Election.
SECTION 3. Resolution No. 23493 providing for written arguments is hereby
repealed.
SECTION 4. Resolution No. 23494, providing for rebuttal arguments is hereby
repealed.
SECTION 5. Resolution No. 23495, regarding canvass of the Special Municipal
Election is hereby repealed.
SECTION 6. Resolution No. 23496, amending the budget to appropriate funds
for the election is hereby repealed.
SECTION 7. This Ordinance shall serve in-lieu of a Resolution as described in
§ 9605 of the California Elections Code.
SECTION 8. Pursuant to § 315 of Article III of the Charter of the City of
Palm Springs, this ordinance shall go into effect immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 29TH DAY OF JANUARY, 2014.
RICK HUTCHESON, MAYOR PRO TEM
For Stephen P. Pougnet, Mayor
ATTEST:
AMES THOMPSON, CITY CLERK
Ordinance No. 1843
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1843 is a full, true, and correct copy, and was adopted
at a special meeting of the Palm Springs City Council held on January 29, 2014, by the
following vote:
AYES: Councilmember Foat, Councilmember Lewin, and Mayor Pro Tem
Hutcheson.
NOES: Councilmember Mills.
ABSENT: Mayor Pougnet.
ABSTAIN: None.
CES THOMPSON, CITY CLERK
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