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HomeMy WebLinkAbout5/15/2013 - STAFF REPORTS - 2.E. A��pA`M Sp9 iy c V N i h yS City Council Staff Report cq<i�oeN�P DATE: May 15, 2013 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1820, REGARDING REGULATIONS FOR FILING OF CANDIDATE STATEMENTS (CANDIDATE PROFILES) FOR MUNICIPAL ELECTIONS FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1820. RECOMMENDATION: Waive the reading of the full text of the ordinance and adopt Ordinance No. 1820, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.02.035 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO FILING CANDIDATE PROFILES AT MUNICIPAL ELECTIONS." STAFF ANALYSIS: On May 1, 2013, Ordinance No. 1820 was introduced for first reading, by the following vote: ACTION: 1) Waive full reading of the ordinance text and adopt by title only Ordinance No. 1820, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.02.035 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO FILING CANDIDATE PROFILES AT MUNICIPAL ELECTIONS." AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: Councilmember Lewin. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. mes Thompson David H. Ready, Esq., City Clerk City Manager /kdh Attachment: Ordinance No. 1820 Item No. 2. E. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.02.035 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO FILING CANDIDATE PROFILES AT MUNICIPAL ELECTIONS. City Attorney Summary California Elections Code §§ 13307 and 13308, pertaining to the preparation and form of a candidate statement, applies to candidate profiles submitted in conjunction with municipal elections in Palm Springs. This Ordinance allows the City Elections Official to redact or modify a filed candidate profile, rather than reject the profile, to ensure compliance with election regulations, and print and circulate each candidate profile in the sample ballot as redacted or modified. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. Section 802 of Article VIII of the City of Palm Springs Charter provides the City Council may by ordinance enact procedures for the conduct of municipal elections. B. Section 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. C. One of the most important tools for public participation and education in the election process is providing information to the electorate, such as candidate profiles printed and circulated in the sample ballot mailed to all registered voters. D. Allowing the Elections Official to redact or modify a candidate profile in the sample ballot to ensure compliance with election regulations would ensure the provision of reasonable information regarding candidates for office to all registered voters. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Section 2.02.035 is added the Palm Springs Municipal Code to read: 2.02.035 Preparation and form of candidate profile. (a) The provisions of Cal. Elections Code §§ 13307 and 13308, relating to the preparation, form, and submission of candidate statements, shall apply to candidate profiles in mayor and city council elections. (b) Each candidate for the office of Mayor or Member of the City Council may prepare and submit to the Elections Official for printing and circulation a candidate's 02 Ordinance No. Page 2 profile on an appropriate form provided by the Elections Official. The profile may include only the name, age, and occupation of the candidate and a brief description, in no more than 200 words, of the candidate's education and qualifications expressed by the candidate himself or herself. Any candidate profile submitted pursuant to this section shall be limited to a recitation of the candidate's own personal background and qualifications, candidate's qualifications, character, or activities. The profile shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. (c) The Elections Official shall not cause to be printed or circulated any profile which the Elections Official determines does not comply with the provisions of this Section. The Elections Official, in his or her sole discretion, after first attempting to consult with the candidate, may strike or modify the portion or portions of the candidate profile that is not in compliance with this Section and thereafter cause to be printed and circulated the candidate's statement as redacted or modified. (d) The decisions of the City Elections Official under this Section are final, subject only to review by the Superior Court in accordance with state law. (e) Notwithstanding the 200-word limitation set forth in subsection (b), the City Council, by resolution, may authorize and increase the limitation on words from 200 to 400 words. SECTION 2. This Ordinance shall take effect thirty (30) days after adoption, and the Mayor shall sign and the City Clerk is hereby ordered and directed to codify the passage of the Ordinance, and to cause the same or a summary thereof to be duly prepared according to law and to be published in accordance with law. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 15TH DAY OF MAY, 2013. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 03 Ordinance No. 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. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 1st day of May, 2013, and adopted at a regular meeting of the City Council held on the 15th day of May, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 04 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 State Of Califomia ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 06 2000370573 1 am over the age of 18years old, a citizen of the United Stales and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared No 1005 in said newspaper (set in type not smaller than non panel) j ORDINANCE NO.1820 AN In each and entire issue of said newspaper and not in any SPRINGS. F DI N CALIFOANCE RNIX AF THE DDING G ITYO SECTION supplement thereof on the following dates,to wit: 2.02.035 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO FILING CANDIDATE PROFILES AT MUNICIPAL ELECTIONS. Newspaper: .The Desert Sun City Attorney Summarryy Califomia Eladiom Code§§ 13307 and 13308, Pertaining to the preeppaare.an and tone of a cendl date statemardnappses to candidale profiles sub: 5/24/2013 mated in oorlJu on with munidpal elections In Palm SPd�9s. This Ordinance allows Me City. Electione OII'ndal to redact o modify a filed candiL date prohle rather man reject the pma, to en- sure comp/fence with election regulelbne, and Pont and cimlete each r,ndid,ge rove in the sample ballot as redacted or modified. ORDINANCE NO.1821 AN ORDINANCE OF CITY OF PALM SPRIGS, CALIFORNIA, AMENDING SECTION 525.020 I acknowledge that I am a principal clerk Of the printer of 52s.030 AND SECTION 5.26.040. OF THE PALM SP' RINGS MUNICIPAL CODE,RELATING The Desert Sun, printed and published weekly in the City PROGRAM OGTHEHOTEL OPERATIONS INCENTIVE of Palm Springs, County of Riverside, Stale of California. The Desert Sun was adjudicated a newspaper of general Cilygnomeys Summary This Ordinance airtime,tins e>asrmplrxeotioo re- circulation on March 24, 1988 by the Superior Court of the rem for hotel operetiarns in the Cdv a farm County of Riverside, State of California Case No. �s inpto anewgg�anarel tonHBaercWaslfica- 191236. fiooed and e,capons of a hie e.nilve pim ds for da. CERTIFICATION I declare under penalty of perjury that the foregoing is true STATE OF CALIFORNIA and correct. Executed on this 24th day of May, 2013 in COUNTYCITO PALM SPRINGSas. Palm Springs,California. 1,JAMES THOMPSON, Citv Clerk of the Gty of Palm Springs,California.dohereby Thal Or- bill,dioanoe Nos. 1820 and 1821 are e, antl carrel Ooples,and were introduced a a regular meeting of the Palm Spr s CRY Council on the 1st day of Maayys�2013.a�adopted at a regular fc mating of the Cdy Council held on the 151h day of May,2p13,by the following vole: AYES: Colncllmembere Foat, Hutcheson, Lewin,Mayo Pro Tem Mills,and Mayor Pcugno. Declarants Signature GES: None. ABSENT: None. 5 \� 30 ABSTAIN: None. JAMES THOMPSON,CITY CLERK City of Palm Springs,Califomia �� Published:5/24(13 CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: May 15, 2013 Subject: Ordinance No. 1820 nd 1821 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on May 25 2013. 1 declare under penalty of perjury that the foregoing is true and correct. 1Lya� Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on May 21, 2013. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk ORDINANCE NO. 1820 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.02.035 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO FILING CANDIDATE PROFILES AT MUNICIPAL ELECTIONS. City Attorney Summary California Elections Code §§ 13307 and 13308, pertaining to the preparation and form of a candidate statement, applies to candidate profiles submitted in conjunction with municipal elections in Palm Springs. This Ordinance allows the City Elections Official to redact or modify a filed candidate profile, rather than reject the profile, to ensure compliance with election regulations, and print and circulate each candidate profile in the sample ballot as redacted or modified. ORDINANCE NO. 1821 AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 5.26.020, 5.26.030, AND SECTION 5.26.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE HOTEL OPERATIONS INCENTIVE PROGRAM City Attorney's Summary This Ordinance amends the existing incentive program for hotel operations in the City of Palm Springs by combining certain classifications of hotels into a new general uComfort Hotel' classification and extending the incentive periods for defined classifications of hotels. 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 Nos. 1820 and 1821 are full, true, and correct copies, and were introduced at a regular meeting of the Palm Springs City Council on the 1st day of May, 2013, and adopted at a regular meeting of the City Council held on the 15th day of May, 2013, by the following vote: AYES: Councilmembers Foat, Hutcheson, Lewin, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. XES THOMPSON, CITY CLERK ity of Palm Springs, California ORDINANCE NO. 1820 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 2.02.035 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO FILING CANDIDATE PROFILES AT MUNICIPAL ELECTIONS. City Attorney Summary California Elections Code §§ 13307 and 13308, pertaining to the preparation and form of a candidate statement, applies to candidate profiles submitted in conjunction with municipal elections in Palm Springs. This Ordinance allows the City Elections Official to redact or modify a filed candidate profile, rather than reject the profile, to ensure compliance with election regulations, and print and circulate each candidate profile in the sample ballot as redacted or modified. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. Section 802 of Article VIII of the City of Palm Springs Charter provides the City Council may by ordinance enact procedures for the conduct of municipal elections. B. Section 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. C. One of the most important tools for public participation and education in the election process is providing information to the electorate, such as candidate profiles printed and circulated in the sample ballot mailed to all registered voters. D. Allowing the Elections Official to redact or modify a candidate profile in the sample ballot to ensure compliance with election regulations would ensure the provision of reasonable information regarding candidates for office to all registered voters. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Section 2.02.035 is added the Palm Springs Municipal Code to read: 2.02.035 Preparation and form of candidate profile. (a) The provisions of Cal. Elections Code §§ 13307 and 13308, relating to the preparation, form, and submission of candidate statements, shall apply to candidate profiles in mayor and city council elections. (b) Each candidate for the office of Mayor or Member of the City Council may prepare and submit to the Elections Official for printing and circulation a candidate's Ordinance No. 1820 Page 2 profile on an appropriate form provided by the Elections Official. The profile may include only the name, age, and occupation of the candidate and a brief description, in no more than 200 words, of the candidate's education and qualifications expressed by the candidate himself or herself. Any candidate profile submitted pursuant to this section shall be limited to a recitation of the candidate's own personal background and qualifications, candidate's qualifications, character, or activities. The profile shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. (c) The Elections Official shall not cause to be printed or circulated any profile which the Elections Official determines does not comply with the provisions of this Section. The Elections Official, in his or her sole discretion, after first attempting to consult with the candidate, may strike or modify the portion or portions of the candidate profile that is not in compliance with this Section and thereafter cause to be printed and circulated the candidate's statement as redacted or modified. (d) The decisions of the City Elections Official under this Section are final, subject only to review by the Superior Court in accordance with state law. (e) Notwithstanding the 200-word limitation set forth in subsection (b), the City Council, by resolution, may authorize and increase the limitation on words from 200 to 400 words. SECTION 2. This Ordinance shall take effect thirty (30) days after adoption, and the Mayor shall sign and the City Clerk is hereby ordered and directed to codify the passage of the Ordinance, and to cause the same or a summary thereof to be duly prepared according to law and to be published in accordance with law. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 15TH DAY OF MAY, 2013. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1820 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. 1820 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 1st day of May, 2013, and adopted at a regular meeting of the City Council held on the 15t" day of May, 2013, by the following vote: AYES: Councilmembers Foat, Hutcheson, Lewin, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California