HomeMy WebLinkAbout5/4/2005 - STAFF REPORTS (18) UI I Y UUUNUIL MAY 4, 2005
LEGISLATIVE
SUBJECT: PROPOSED ORDINANCE AMENDING PALM SPRINGS MUNICIPAL
CODE SECTION 2.04.080 TO CORRECT THE DATE OF THE CITY'S
GENERAL MUNICIPAL ELECTION
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider introduction of an Ordinance to correct the day the City
conducts its General Municipal Election. Palm Springs Municipal Code provides that
the general municipal election shall be held on the first Tuesday in November of odd-
numbered years. That date is not an established election day authorized by California
Elections Code.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only.
2. Introduce on first reading Ordinance No. , "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.04.080 OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT
OF ELECTION DATES FOR THE GENERAL MUNICIPAL ELECTIONS."
STAFF ANALYSIS:
California Elections Code Section 1301 requires cities to conduct elections on certain
dates pursuant to Elections Code Sections 1000 to 1002.
The current provisions of Section 2.04.080 of the Palm Springs Municipal Code requires
all general municipal elections after 1995 to be held on the first Tuesday in November of
odd-numbered years.
Pursuant to State law, this is not a valid date for a municipal election. Elections Code
Section 1000 provides for an established election date as the first Tuesday, after the
first Monday in November of each year.
Since November 1, 2005 is the first Tuesday in November, according to Municipal Code
the City should conduct its election on that day. However, November 8, 2005 is the first
Tuesday after the first Monday, the established day prescribed by State Law.
Item No. 3 . A .
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The proposed Ordinance corrects the date of the City's Municipal Election to be in
compliance with State Law.
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FISCAL IMPACT:
No fiscal impact.
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I c,°fnes Thompson, City Jerk David H. Ready, City Mager
A,`, Attachments:
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Proposed Ordinance
i PSMC Section 2.04.080
Elections Code Section 1000 to 1002
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 2.04.080 OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO THE
ESTABLISHMENT OF ELECTION DATES FOR GENERAL
MUNICIPAL ELECTIONS.
City Attorney Summary
The current provisions of the Palm Springs Municipal Code
provides that all general municipal elections after 1995 are to
be held on the first Tuesday in November of odd-numbered
j years. Pursuant to state law, statewide election dates
include the first Tuesday after the first Monday in November
l of each year. This ordinance amends the Municipal Code to
ensure that the City's general municipal elections will be
consolidated with the statewide election date of the first
Tuesday after the first Monday in November of odd-
numbered years.
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The City Council of the City of Palm Springs ordains:
Section 1. Section 2.04.080 of the Palm Springs Municipal Code is amended
j to read:
2.04.080 General Municipal Elections
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The Palm Springs general municipal elections shall be consolidated with
j established election dates and shall be held on the first Tuesday following the
I first Monday of November of each odd-numbered year.
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Section 2. The Council finds that Section 800 of the City Charter was intended
to allow the City to consolidate its general municipal elections with established
election dates provided under state law and this ordinance is adopted in
I furtherance of such intent.
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Section 3. 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
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Ordinance No.
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thereof, to be published and posted pursuant to the provisions of law and this
Ordinance shall take effect thirty (30) days after passage.
Mayor Ron Oden
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. is a full, true and correct copy, and
was introduced at a regular meeting of the Palm Springs City Council on May 4,
2005 and adopted at a regular meeting of the City Council held on May 18, 2005
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
2.04.080 General municipal elections. Page 1 of 1
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.04 COUNCIL
2.04.080 General municipal elections.
The Palm Springs general municipal election shall be consolidated with established election
dates, beginning with the April 7, 1994 election as follows: the April, 1994 election shall be
consolidated with the June, 1994 statewide primary election; the April, 1996 election shall be
consolidated with the November, 1995 general election; and all subsequent elections shall be
held on the first Tuesday in November of odd-numbered years. (Ord. 1461 § 5, 1993)
http://ordliiik.com/codes/palmsprings/_DATA/TITLE02/Chapter_2_04_COUNCIL/2_04_... 4/26/2005
JGl.11V1V yUUU 1VV3
1000. The established election dates in each year are as follows:
(a) The second Tuesday of April in each even-numbered year.
(b) The first Tuesday after the first Monday in March of each
odd-numbered year.
(c) The first Tuesday after the first Monday in June in each year.
(d) The first Tuesday after the first Monday in November of each
year.
1001. Elections held in June and November of each even-numbered
year are statewide elections and these dates are statewide election
dates.
1002. Except as provided in Section 1003, notwithstanding any other
provisions of law, all state, county, municipal, district, and
school district elections shall be held on an established election
date.
http://www.leginfo.ca.gov/cgi-biiVwaisgate?WAISdocID=53363320129+4+0+0&WAISac... 4/26/2005