HomeMy WebLinkAbout6/1/2011 - STAFF REPORTS - 2E A L M sA�
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41r00 %, City Council Staff Report
DATE: June 1, 2011 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1790, ESTABLISHING ELECTION REGULATIONS INCREASING
THE NUMBER OF SIGNATURES NEEDED TO QUALIFY TO RUN FOR
ELECTIVE OFFICE
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1790.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1790, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING
SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS MUNICIPAL CODE,
AND REPEALING UNCODIFIED ORDINANCE NO. 1562, RELATING TO THE
CONDUCT OF MUNICIPAL ELECTIONS."
STAFF ANALYSIS:
The City Council, at its meeting on April 20, 2011, introduced Proposed Ordinance No.
1790, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM
SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO.
1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS," amending
Section 2.02.020(a) to provide for not less than 150 nor more than 210 voters,
amending Section 2.02.030(p) to provide for 6 Sections with each Section of 35
siunatures, and amending Section 5 of the Ordinance for an effective date of January 1,
2012; and directed staff to bring forth legislation that provides for proof of residency
effective the current election cycle. Motion Councilmember Foat, seconded by
Councilmember Mills, and unanimously carried on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ITEM, NO.
ADOPTION OF PROPOSED ORDINANCE NO. 1790
June 1, 2011
Page 2 of 2
At its May 4, 2011, meeting Proposed Ordinance No. 1790 was re-introduced for first
reading "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING
CHAPTER 2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04,100 OF THE PALM
SPRINGS MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO.
1562, RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS," amending
Section 2.02.020 a to provide not less than 80 nor more than 120 signatures, addin
Section 2.02.020 c to read "Not earlier than the 120th day nor later than the 88th day
before a munici al election during normal office hours as posted, the voters ma
nominate candidates for election by signing a nomination paper,"amending Section
2.02.030(a) to provide for four(4) Sections to a nomination_ paper, and
amending Section 2.02.035 to provide for filing fees of _$80 and $40. Motion
Councilmember Foat, seconded by Councilmember Hutcheson, and carried 3-2
on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, and Councilmember
Mills.
NOES: Mayor Pro Tern Weigel and Mayor Pougnet.
On May 18, 2011, Proposed Ordinance No. 1790 was re-introduced for first reading "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER
2.02 TO, REPEALING SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS
MUNICIPAL CODE, AND REPEALING UNCODIFIED ORDINANCE NO. 1562,
RELATING TO THE CONDUCT OF MUNICIPAL ELECTIONS," amending the
Ordinance by deleting Section 2.02.035 Filing Fee. Motion Councilmember Mills,
seconded by Councilmember Hutcheson and carried 3-2 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, and
Councilmember Mills.
NOES: Mayor Pro Tern Weigel and Mayor Pougnet.
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall take effect on January 1, 2012.
mes Thompson David H. Read h.D.
tZ
City Clerk City Manager
/kdh
Attachment: Ordinance No. 1790
PROPOSED ORDINANCE NO. 1790
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING
SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS
MUNICIPAL CODE, AND REPEALING UNCODIFIED
ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF
MUNICIPAL ELECTIONS.
City Attorney Summary
Currently the City has adopted Cal. Elections Code § 10220
requiring candidates to be nominated to run for the office of Mayor
or Member of the City Council by obtaining signatures of not less
than 20 nor more than 30 qualified voters in the City. This
Ordinance increases the number of qualified voters to not less than
80 nor more than 120 to be nominated for elective office, extending
the nomination period by seven days, and includes minor
administrative actions.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. Section 802 of Article Vill 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 that regulations for the
conduct of local elections is a matter of local concern.
C. The City Council desires to increase the number of requisite signatures to
be nominated for all city elective offices to further the electoral process from impropriety
and/or the appearance of impropriety.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY ORDAINS:
SECTION 1. Chapter 2.02 of Title 2 of the Palm Springs Municipal Code is
hereby added to read as follows:
Chapter 2.02
MUNICIPAL ELECTIONS
Section 2.02.010 General Municipal Elections.
Section 2.02.020 Method of Nomination for Elective Office.
Section 2.02.030 Signatures, Nomination Papers.
Section 2.02.031 Affidavit of Circulator.
3
Ordinance No. 1790
Page 2
2.02.010 General Municipal Elections.
The Palm Springs general municipal elections shall be consolidated with
established election dates and shall be held on the first Tuesday following the first
Monday of November of each odd-numbered year.
2.02.020 Method of Nomination for Elective Office.
The provisions of Cal. Elections Code § 10220 shall apply to candidates for any
of the elective offices in the City except as follows:
(a) Each candidate shall be proposed by not less than 80 nor more than 120
voters in the City, but only one candidate may be named in any one Nomination Paper.
(b) Only one person may circulate each Section of a Nomination Paper.
(c) Not earlier than the 120th day nor later than the 88th day before a
municipal election during normal business hours, as posted, the voter may nominate
candidates for election by signing a nomination paper.
2.02.030 Signatures, Nomination Papers.
The provisions of Cal. Elections Code § 10221 shall apply with respect to the
signatures on Nomination Papers except as follows:
(a) The City Elections Official shall provide for four (4) Sections to a
Nomination Paper. Each Section of a Nomination Paper shall provide for 30 signatures.
(b) Except as provided in subdivision (b) of § 10221 of Cal. Elections Code,
the signatures to each Section of a Nomination Paper shall be appended on the same
sheet of paper.
2.02.031 Affidavit of circulator.
The provisions of Cal. Elections Code § 10222 pertaining to the affidavit of
circulator, shall apply to each Section of a Nomination Paper.
SECTION 2. Section 2.04.080 of the Palm Springs Municipal Code is repealed.
SECTION 3, Section 2.04.100 of the Palm Springs Municipal Code, pertaining to
voluntary expenditure ceiling, is repealed.
SECTION 4. Ordinance No. 1562, suspending the provisions of Section 2.04.100
of the Palm Springs Municipal Code, is repealed.
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
4
Ordinance No. 1790
Page 3
published and posted pursuant to the provisions of law and this Ordinance shall take
effect on January 1, 2012.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 18TH DAY OF MAY, 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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. 1790 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 20t" day of
Aril, 2011, reintroduced at a regular meeting of the Palm Springs City Council on the
4day of May, 2011, reintroduced at a regular meeting of the Palm Springs City Council
on the 18t" day of May, 2011, and adopted at a regular meeting of the City Council held
on day of , 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
State Of California ss:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS —
PO BOX 2743 Np2p46 OtryoPr Row,
PALM SPRINGS CA 922632 oRwNAN 17CI OF PALM
THE C TER
Aft SPRINGS
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I am over the age of 18years old, a citizen of the United CaY votere to t eve ofhca,a and Im,
States and not a party to, or have interest in this matter. I Tpwbe non by seven days,
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hereby certify that the attached advertisement appeared duudes�mi acb -
in said newspaper (set in type not smaller than non panel) -pERTIFICATION.
in each and entire issue of said newspaper and not in any RNIA
supplement thereof on the following dates,to wit: pUNNv OF Al �jpi(iS )
CITY OF PALM . Crleb�y Orph of
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Newspaper: .The Desert Sun I JAMEST SON'do a0d correct
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10110vring Foal, Hutcheson'
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Mole. ..Pro-Tem Wergel Mayor
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I acknowledge that I am a principal clerk of the printer of ASSEN-f '
The Desert Sun, printed and published weekly in the City CITY CLERK
of Palm Springs, County of Riverside, State of California. IE P Mp�'Caldom�a
ol The Desert Sun was adjudicated a newspaper of general 1
circulation on March 24, 1988 by the Superior Court of the
County of Riverside, State of California Case No.
191236.
1 declare under penalty of perjury that the foregoing is true
and correct. Executed on this 16th day of June, 2011 in
Palm Springs,California.
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CITY OF PALM SPRINGS
ORDINANCE NO. 1790
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING
SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS
MUNICIPAL CODE, AND REPEALING UNCODIFIED
ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF
MUNICIPAL ELECTIONS.
City Attorney Summary
Currently the City has adopted Cal. Elections Code § 10220 requiring candidates to be
nominated to run for the office of Mayor or Member of the City Council by obtaining
signatures of not less than 20 nor more than 30 qualified voters in the City. This
Ordinance increases the number of qualified voters to not less than 80 nor more than
120 to be nominated for elective office, extending the nomination period by seven days,
and includes minor administrative actions.
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. 1790 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 20th day of
Ail, 2011, reintroduced at a regular meeting of the Palm Springs City Council on the
4 day of May, 2011, reintroduced at a regular meeting of the Palm Springs City Council
on the 18th day of May, 2011, and adopted at a regular meeting of the City Council held
on the 1st day of June, 2011 by the following vote:
AYES: Councilmembers Foat, Hutcheson, and Mills.
NOES: Mayor Pro Tern Weigel and Mayor Pougnet.
ABSENT: None.
ABSTAIN: None.
ES THOMPSON, CITY CLERK
;;ity
of Palm Springs, California
ORDINANCE NO. 1790
AN ORDINANCE OF THE. CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 2.02 TO, REPEALING
SECTIONS 2.04.080 AND 2.04.100 OF THE PALM SPRINGS
MUNICIPAL CODE, AND REPEALING UNCODIFIED
ORDINANCE NO. 1562, RELATING TO THE CONDUCT OF
MUNICIPAL ELECTIONS.
City Attorney Summary
Currently the City has adopted Cal. Elections Code § 10220
requiring candidates to be nominated to run for the office of Mayor
or Member of the City Council by obtaining signatures of not less
than 20 nor more than 30 qualified voters in the City. This
Ordinance increases the number of qualified voters to not less than
80 nor more than 120 to be nominated for elective office, extending
the nomination period by seven days, and includes minor
administrative actions.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS 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 that regulations for the
conduct of local elections is a matter of local concern.
C. The City Council desires to increase the number of requisite signatures to
be nominated for all city elective offices to further the electoral process from impropriety
and/or the appearance of impropriety.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY ORDAINS:
SECTION 1. Chapter 2.02 of Title 2 of the Palm Springs Municipal Code is
hereby added to read as follows:
Chapter 2.02
MUNICIPAL ELECTIONS
Section 2.02.010 General Municipal Elections.
Section 2.02.020 Method of Nomination for Elective Office.
Section 2.02.030 Signatures, Nomination Papers.
Section 2.02.031 Affidavit of Circulator.
Ordinance No. 1790
Page 2
2.02.010 General Municipal Elections.
The Palm Springs general municipal elections shall be consolidated with
established election dates and shall be held on the first Tuesday following the first
Monday of November of each odd-numbered year.
2.02.020 Method of Nomination for Elective Office.
The provisions of Cal. Elections Code § 10220 shall apply to candidates for any
of the elective offices in the City except as follows:
(a) Each candidate shall be proposed by not less than 80 nor more than 120
voters in the City, but only one candidate may be named in any one Nomination Paper.
(b) Only one person may circulate each Section of a Nomination Paper.
(c) Not earlier than the 120th day nor later than the 88th day before a
municipal election during normal business hours, as posted, the voter may nominate
candidates for election by signing a nomination paper.
2.02.030 Signatures, Nomination Papers.
The provisions of Cal. Elections Code § 10221 shall apply with respect to the
signatures on Nomination Papers except as follows:
(a) The City Elections Official shall provide for four (4) Sections to a
Nomination Paper. Each Section of a Nomination Paper shall provide for 30 signatures.
(b) Except as provided in subdivision (b) of § 10221 of Cal. Elections Code,
the signatures to each Section of a Nomination Paper shall be appended on the same
sheet of paper.
2.02.031 Affidavit of circulator.
The provisions of Cal. Elections Code § 10222 pertaining to the affidavit of
circulator, shall apply to each Section of a Nomination Paper.
SECTION 2. Section 2.04.080 of the Palm Springs Municipal Code is repealed.
SECTION 3. Section 2.04.100 of the Palm Springs Municipal Code, pertaining to
voluntary expenditure ceiling, is repealed.
SECTION 4. Ordinance No. 1562, suspending the provisions of Section 2.04.100
of the Palm Springs Municipal Code, is repealed.
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
Ordinance No. 1790
Page 3
published and posted pursuant to the provisions of law and this Ordinance shall take
effect on January 1, 2012.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 1st DAY OF JUNE, 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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. 1790 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 20th day of
4tAril, 2011, reintroduced at a regular meeting of the Palm Springs City Council on the
day of May, 2011, reintroduced at a regular meeting of the Palm Springs City Council
on the 18th day of May, 2011, and adopted at a regular meeting of the City Council held
on the 15t day of June, 2011 by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, and Councilmember
Mills.
NOES: Mayor Pro Tem Weigel and Mayor Pougnet.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California