There shall be the following enumerated boards and commissions
which shall have the powers and duties herein stated. In addition,
the city council may create by ordinance or resolution such additional
advisory boards or commissions as in its judgment are required, and
may grant to them such powers and duties as are consistent with the
provisions of this Charter.
The city council shall include in its annual budget such appropriations
of funds as in its opinion shall be sufficient for the efficient and
proper functioning of such boards and commissions. City council may,
by ordinance or resolution, set reasonable fees and charges for defraying
the costs of hearings or other administrative proceedings of the City's
appointive boards and commissions.
The members of each City board or commission shall be appointed
by motion of the city council, adopted by at least three (3) affirmative
votes. Nominations for appointment to a City board or commission shall
be made by the mayor or any other member of the city council at a
public meeting. Each member shall be an elector of the City, unless
otherwise provided by ordinance. Notice of the availability of a position
for appointment shall be posted in three (3) public places at least
ten (10) days before the appointment and the city council may, by
resolution, adopt additional procedures to receive and consider applicants
for City boards and commissions. No member of a City board or commission
shall hold any paid office or employment in the City government. They
shall serve at the pleasure of the city council, and shall be subject
to removal by motion of the city council, adopted by at least three
(3) affirmative votes. The members thereof shall serve for a term
of four (4) years, unless the city council by ordinance or resolution
establishes a different term, and until their respective successors
are appointed and qualified. (Approved by voters 11-5-02)
As soon as practicable, following the first day of every fiscal
year, each of such boards and commissions shall organize by electing
one of its members to serve as chairman and by electing one of its
members to serve as co-chairman at the pleasure of such board or commission.
Unless otherwise provided by ordinance or in the rules of proceeding
promulgated by the applicable board or commission, each board or commission
shall hold regular meetings at least once each month, and may hold
special meetings as such board or commission may require. All proceedings
shall be open to the public, except for such closed sessions as may
be authorized by law, and shall be conducted in accordance with open
meeting laws of the State of California.
Except as may be otherwise provided in this Charter, the city
manager shall designate a secretary for the recording of minutes for
each of such boards and commissions, who shall keep a record of its
proceedings and transactions and shall provide staff support for such
board or commission. Each board or commission shall be governed by
Roberts Rules of Order except that each board or commission may by
resolution adopt such other rules and regulations which shall be consistent
with this Charter, as each may deem appropriate. Copies of all such
resolutions shall be kept on file in the office of the city clerk,
where they shall be available for public inspection. The city council
may by ordinance or resolution grant to board or commission the same
power as the city council to compel the attendance of witnesses, to
examine them under oath, to compel the production of evidence before
it and to administer oaths and affirmations.
Unless otherwise provided by ordinance, the members of boards
and commissions shall serve without compensation for their services
as such, but may receive reimbursement for necessary traveling and
other expenses incurred on official duty when such expenditures have
received authorization by the city council.
Any member of a board or commission may be removed at any time
by a vote of a majority of the membership of the city council and,
notwithstanding any other provision of this section mandating city
council consideration of removal of a board or commission member,
removal may be with or without cause. The issue of whether to declare
the office of a board or commission member vacant shall be brought
before the city council as follows:
(a) Upon the resignation of the board or commission member;
(b) Upon the request of any member of the city council;
(c) Upon excessive absenteeism, to be defined as absence from three consecutive
meetings of such board or commission or for twenty five percent (25%)
of the duly scheduled meetings of the board or commission within any
fiscal year, unless by permission of such board or commission expressed
in its official minutes;
(d) Upon conviction of any felony or crime of moral turpitude;
(e) If the member of the board or commission ceases to be a qualified
elector of the City;
(f) Failure of the board or commission member to file a financial disclosure
statement as may be required by State law or city ordinance; or
(g) Such other cause as city council may provide by ordinance.
The city council may declare the office of any board or commission
member vacant, and the vacancy shall be effective from the date of
the declarant unless otherwise specified in the declaration.
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Any vacancies in any board or commission shall be filled by
appointment by the mayor, with the approval of the city council. Upon
a vacancy occurring leaving an unexpired portion of a term, any appointment
to fill such vacancy shall be for the unexpired portion of such term.
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Upon request by any member or former member of any appointed
board or commission established in this article, named in any claim
or action against him or her for an injury arising out of an act or
omission occurring within the scope of his or her duties as a member
of such board or commission of the City, made in writing not less
than ten (10) days before the trial of the action, and so long as
the member cooperates reasonably and in good faith in the defense
of the claim or action, the City shall pay any judgment based thereon
or any compromise or settlement of the claim or action to which the
City has agreed. Where the City conducts the defense of the claim
or action pursuant to an agreement with the member or former member
of such board or commission, reserving the City's rights not to pay
the judgment, compromise, or settlement until it is established the
injury arose out of act or omission occurring within the scope of
his or her duties as a member of such board or commission, the City
shall be required to pay the judgment, compromise, or settlement only
if it is established the injury arose out of an act or omission occurring
within the scope of his or her duties as a member of such board or
commission. The City may indemnify any member or former member of
such board or commission for any part of a claim or judgment that
is for punitive or exemplary damages only upon a vote to do so by
a majority of the membership of the city council.
There shall be a planning commission consisting of seven members.
There shall be a director of planning and zoning whose duties shall
be established by ordinance, resolution, or regulation, and who shall
be the recording secretary for the planning commission. The director
of planning and zoning, or his or her designated representative shall
attend all planning commission meetings. The planning commission may
meet with and receive advice from the city attorney as it or the city
attorney may deem necessary. The planning commission shall have all
of the following powers and duties, which powers and duties may be
modified by ordinance of the city council:
(a) All duties set out in the California Planning and Zoning Law for
a planning agency.
(b) After public hearing, recommend to the city council any amendment
to the general plan or any part thereof, or any zoning ordinance amendments.
(c) Exercise authority granted to it by ordinance over subdivisions,
use permits, or other matters not inconsistent with this Charter.
(d) Make recommendations to the city council concerning public works.
(e) Perform other duties specified by the city council not inconsistent
with this Charter.
There shall be a rent review commission consisting of five members.
The rent review commission may meet with and receive advice from the
city attorney as it or the city attorney may deem necessary. The rent
review commission shall have the following powers and duties:
(a) Receive, hear, and determine petitions from tenants, landlords, or
other interested parties regarding the application and interpretation
of the City's rent control ordinances and regulations;
(b) Make or conduct such independent hearings or investigations as may
be appropriate to obtain such information as is necessary to carry
out its duties;
(c) Render, at least semi-annually, a written report to the city council
concerning its activities, rulings, actions, results of hearings,
and all other matters pertinent to the rent control ordinances and
regulations of the city; including recommendations for amendment thereof;
(d) Maintain and keep hearing files and dockets listing the time, date,
and place of hearings, the parties involved, the addresses of such
parties and final disposition of each petition;
(e) Adopt rules and regulations establishing categories of petitions,
which may include priorities of the different categories so established;
and
(f) Perform other duties specified by the city council not inconsistent
with this Charter, or with the provisions of Title 4 of the Palm Springs
Municipal Code on the effective date of this Charter, or as may be
amended.
There shall be a board of library trustees consisting of five
members. There shall also be a city librarian, whose duties shall
be established by ordinance, resolution, or regulation of the City
and who shall serve as recording secretary to the board of library
trustees. The city librarian, or his or her designated representative
shall attend all board of library trustee meetings. Except as otherwise
specifically provided in this Charter, the board of library trustees
shall have the powers and duties provided by, and shall be administered
pursuant to, the provisions of the general laws of the State of California
governing municipal libraries and boards of library trustees. Unless
and until the board of library trustees for the City in existence
on the effective date of this Charter shall be disbanded pursuant
to procedures established in the general law of the State of California,
and notwithstanding any other provision of this Charter, the board
of library trustees shall have the powers and duties provided by,
and shall be administered pursuant to, the provision of the general
laws of the State of California governing municipal libraries and
boards of library trustees.