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 recognition of neighborhood
organizations and the responsibilities and benefits accruing thereto,
as well as the manner in which Organized Neighborhoods of Palm Springs
("ONE-PS") will receive notification of city actions that may affect
residents and/or businesses. There are a variety of projects undertaken
by the city, or subject to the city's approval, or otherwise affecting
the quality of life for Palm Springs residents and/or businesses,
which ONE-PS will receive notice of, and ONE-PS will communicate that
information to the neighborhood organizations in accordance with its
policies and procedures.
The purpose of this chapter is to foster partnerships of open
communication by establishing a mechanism for twoway communication
between the city and ONE-PS, 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.
(Ord. 1666 § 2, 2005; Ord. 1952 § 1, 2018)
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 process so that ONE-PS and neighborhood organizations
can be given notice of city actions that 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.
(Ord. 1666 § 2, 2005; Ord. 1952 § 1, 2018)
"City actions"
that are subject to this chapter are those events, actions of City Council, city boards, commissions, agencies or departments and other occurrences regarding public safety and general interest and welfare that affect the City's residents and/or businesses. The city manager, in consultation with ONE-PS, 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(4). Examples of city actions 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 that may affect specific neighborhoods; the abatement of nuisances; public safety issues; and the adoption of ordinances and regulations that may affect residents and/or businesses.
"Neighborhood"
means a geographically contiguous community with an historic
identity and/or commonality of interests.
"Neighborhood boundaries"
means the boundaries of each neighborhood as established
in the map of neighborhood organization areas.
"Neighborhood organization"
means an autonomous organization, whether incorporated or
not, formed voluntarily by property owners, residents and businesses
of a neighborhood for the purpose of considering and acting on issues
affecting livability and quality of their neighborhood and encouraging
neighborhood identity and participation, which is recognized by and
serves as a member of ONE-PS.
"ONE-PS"
means Organized Neighborhoods of Palm Springs ("ONE-PS"), the California nonprofit public benefit corporation that is recognized as exempt from tax under Section 501(c)(4) of the Internal Revenue Code of 1986, as amended, created by the neighborhood organizations, which is composed of one or more representative(s) of each neighborhood organization, as further described in Section
2.55.080, and which receives information from the city to be disseminated to the neighborhood organizations.
"Special events"
include events conducted by either the city or private entities
subject to city approval that may affect surrounding property. When
there is a series of linked events, one notice may be given listing
all of the applicable dates.
(Ord. 1666 § 2, 2005; Ord. 1952 § 1, 2018)
The City Council finds that there is a need to maintain strong
channels of communication with the residents and businesses of Palm
Springs on matters affecting the livability of their neighborhoods.
It is the intent of the City Council, through the recognition of ONE-PS,
to foster a partnership of open communication between the city and
its neighborhoods; to enhance the environment in which residents and
businesses are afforded an opportunity to participate in governmental
decisions; to foster cooperation and consensus among diverse interests;
to assist the city and neighborhood residents and businesses 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 recognized neighborhood organizations,
through ONE-PS, be included in the formation of policies and procedures
relating to the governance of the city. It is the intent of City Council
to assign a councilmember as liaison to further communication between
City Council and ONE-PS.
Due to the difficulties inherent in communicating with the numerous
organizations, ONE-PS serves as the clearinghouse for all information.
The city shall provide notice hereunder to ONE-PS, consisting of the
representatives of the neighborhood organizations, and the representatives
shall be responsible for communicating with their respective organizations.
Neither ONE-PS nor the neighborhood organizations shall be subject
to the Brown Act, as they were not created by the City Council, nor
do they exercise any authority that may lawfully be delegated by the
City Council to them.
(Ord. 1666 § 2, 2005; Ord. 1952 § 1, 2018)
The city manager shall establish an Office of Neighborhoods.
The city manager, or his or her designee, will be responsible for
the efficient administration of the Office of Neighborhoods 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:
(1) To
consult with ONE-PS on the neighborhood boundaries as set out in the
map of neighborhood organization areas and any revisions thereto;
(2) To
establish procedures for the departments of the city to give notice
to ONE-PS, with a reasonable opportunity for ONE-PS to respond prior
to city actions being undertaken by any agency or department of the
city, any board or commission of the city or the City Council as outlined
in subdivision (4);
(3) To
certify neighborhood organizations that have been recognized by ONE-PS;
(4) 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;
(5) To
meet with ONE-PS at least semi-annually to evaluate from the perspective
of ONE-PS whether the city has provided timely notice to ONE-PS of
city actions and whether the city was responsive to ONE-PS;
(6) To work with ONE-PS and the neighborhood organizations to establish the standards for reasonable notice, openness and participation in neighborhood organization meetings, as further described in Section
2.55.060;
(7) To
make every effort to the extent possible to attend ONE-PS monthly
meetings and to direct staff to make every effort to the extent possible
to attend ONE-PS monthly meetings and neighborhood organization annual
meetings as needed or requested;
(8) To
keep the City Council fully advised as to the needs of the neighborhood
organizations as communicated by ONE-PS and to recommend to the City
Council for adoption necessary measures and ordinances; and
(9) 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.
(Ord. 1666 § 2, 2005; Ord. 1952 § 1, 2018)
The membership of neighborhood organizations shall be open to
all residents (including business occupants) and owners of property
within the neighborhood boundaries. The neighborhood organization
must give reasonable notice of all its meetings to all property owners
and residents within its boundaries. The neighborhood organization's
bylaws shall guarantee 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
at such meetings.
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 their actual or perceived race, color, religion, ancestry, national origin (as such term is defined in Section
2.45.010 of the Palm Springs Municipal Code), disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The neighborhood organization will be responsible for maintaining records to show its efforts at outreach, the level of participation in the organization and the organization's activities.
(Ord. 1666 § 2, 2005; Ord. 1952 § 1, 2018)
Membership dues, when established by the bylaws of a neighborhood
organization, shall be voluntary and shall not bar any resident, business
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.
(Ord. 1666 § 2, 2005; Ord. 1952 § 1, 2018)
The recognized neighborhood organizations shall be members of
ONE-PS, which shall serve as a clearinghouse for information from
the city to the neighborhood organizations and carry out such other
functions as it deems appropriate in accordance with its articles
of incorporation and bylaws. Each recognized neighborhood organization
shall have equal representation on ONE-PS and shall determine its
elected or appointed representatives to ONE-PS in accordance with
the neighborhood organization's bylaws. ONE-PS will have regular,
open meetings as determined by its members and set out in its bylaws,
guidelines and procedures.
(Ord. 1666 § 2, 2005; Ord. 1952 § 1, 2018)
Each recognized neighborhood organization shall submit the minutes
of its annual meeting and any special meetings, as well as the list
of the members of its governing body in exercise following the annual
meeting and the expiration dates of their terms of office, to the
Office of Neighborhoods within thirty days of such meeting. Additionally,
the neighborhood organization shall file all changes to its bylaws
with the Office of Neighborhoods within 30 days of their adoption.
(Ord. 1666 § 2, 2005; Ord. 1952 § 1, 2018)