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HomeMy WebLinkAbout2004 General Municipal Election - Staff ReportCITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2004 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF PALM DESERT ON TUESDAY, NOVEMBER 2. SUBMITTED BY: Rachelle D. Klassen, City Clerk DATE: June 24, 2004 CONTENTS: I. Staff Report II. Resolution No. 04-61 - Calling the Election III. Resolution No. 04-62 - Requesting the County Board of Supervisors Consolidate Palm Desert's Election with the Statewide General in November 2004 IV. Resolution No. 04-63 - Adopting Regulations for Candidates' Statements V. Resolution No. 04-64 - Providing for the Filing of Measure Rebuttal Arguments VI. Resolution No. 04-65 - Authorizing the City Council to File an Argument and the City Attorney to Prepare an Impartial Analysis VII. Ordinance No. 1071, Validating and Re-enacting the City's Transient Occupancy Tax Recommendation: Waive further reading and: 1) Adopt Resolution No. 04-61, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 2, 2004, for the election of certain officers as required by the provisions of the Laws of the State of California and the Charter of the City of Palm Desert, and for the submission to the voters a question relating to Transient Occupancy Tax. 2) Adopt Resolution No. 04-62, requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 2, 2004, with the Statewide General Election to be held on the date pursuant to §10403 of the Elections Code. 3) Adopt Resolution No. 04-63, adopting regulations for candidates for elective office, pertaining to candidates' statements submitted to the voters at an election to be held on Tuesday, November 2, 2004. 4) Adopt Resolution No. 04-64, providing for the filing of rebuttal arguments for City Measures submitted at Municipal Elections. 5) Adopt Resolution No. 04-65, setting priorities for filing a written argument regarding a City Measure and directing the City Attorney to prepare an impartial analysis. 6) Pass Ordinance No. 1071 to second reading, pending majority vote of the electors of the City of Palm Desert at its General Municipal Election to be held Tuesday, November 2, 2004. Staff Report - - 2004 General Municipal Election - Page 2 June 24, 2002 Discussion: Pursuant to the California Elections Code and conducting the Election in consolidation with the County of Riverside, prior to July 1 the City is required to adopt certain resolutions. These resolutions call the election, formally request the Board of Supervisors to consolidate Palm Desert's General Municipal Election with the Statewide General Election to be held on Tuesday, November 2, 2004, provide requirements for candidates' statements, and provide requirements and direction regarding measures to be submitted to the voters. Additionally, for your consideration at this time is introduction of an ordinance that will be placed on the 2004 General Municipal Election ballot. This measure will ask the voters to validate the one percent increase in the City's Transient Occupancy Tax (hotel bed tax) from eight to nine percent, which was enacted by Ordinance No. 679 in 1992. Certain recent case law established the need to seek voter approval of this local general tax at this time. Approval of the recommended actions is, therefore, requested in order to begin the process of conducting the 2004 Election. Funds for the Election have been requested in the FY 2004/05 City Financial Plan, which is subject to approval during the Public Hearings portion of this meeting. Submitted by: ) RACHELLE D. KTASSEhi, CMC CITY CLERK Approved: CARLOS L. ORTGA CITY MANAGER rdk Attachments (as noted) SHEILA R. GILLIe ' N ACM FOR COMMUNITY VICES PAUL S. GIBSON, DIRECTOR OF FINANCE/CITY TREASURER H:1WPdata\WPDOCSIELECTION1Election 2004104 staff report.wpd RESOLUTION NO. 04-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA AND THE CHARTER OF THE CITY OF PALM DESERT, AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO TRANSIENT OCCUPANCY TAX. WHEREAS, under the provisions of the laws of the State of California and the Charter of the City of Palm Desert, a General Municipal Election shall be held on Tuesday, November 2, 2004, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to Transient Occupancy Tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California and the Charter of the City of Palm Desert, there is called and ordered to be held in the City of Palm Desert, California, on Tuesday, November 2, 2004, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four (4) years. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: Shall City of Palm Desert Ordinance No. 679, which increased the Transient Occupancy Tax (the hotel bed tax) from eight percent (8%) to nine percent (9%), be approved? YES NO SECTION 3. That the proposed complete text of the measure (Ordinance No. 1071) submitted to the voters is attached hereto as Exhibit "A." SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. RESOLUTION NO. 04-61 SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 2 RESOLUTION NO. 04-61 EXHIBIT "A" BALLOT MEASURE FOR 2004 GENERAL MUNICIPAL ELECTION (ORDINANCE NO. 1071) RESOLUTION NO. 04-61 EXHIBIT "A" ORDINANCE NO. 1071 THE CITY OF PALM DESERT, CALIFORNIA, VALIDATING AND RE-ENACTING THE CITY'S TRANSIENT OCCUPANCY TAX THE PEOPLE OF THE CITY OF PALM DESERT, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The people of the City of Palm Desert, California, find, as follows: (a) In 1992, the City Council adopted Ordinance No. 679 to increase the rate of the Transient Occupancy Tax by one percent. In 1986, the State's voters approved Proposition 62 to require voter approval of local general taxes. The City Council did not seek voter approval of Ordinance No. 679 because a number of appeal courts, including the court which ruled in the case of the City of Woodlake v. Logan 230 Cal. App. 3d 1058 (1991), had previously decided that Proposition 62's requirement that general taxes be submitted to a referendum violated the California Constitution and was therefore unenforceable. On December 14, 1995, the California Supreme Court disapproved the Woodlake decision in the case of Santa Clara County Local Transportation Authority v. Guardino, 11 Cal. 4th 220 (1995). On June 4, 2001, that Court decided Howard Jarvis Taxpayers Association v. City of La Habra 26 Cal. 4th 236 (2001), which further suggested that the City should seek voter approval of Ordinance No. 679. The City Council thereafter proposed this Ordinance to the voters to validate the ordinance. Section 2. Validation of Existing Ordinance. Ordinance No. 679 of the City of Palm Desert, which increased the rate of the Transient Occupancy Tax from eight percent to nine percent is hereby validated and re -approved or approved to the fullest extent permitted by law. Section 3. Intent. Section 2 of this Ordinance is intended to authorize the continued collection of the Transient Occupancy Tax, to validate the adoption of that tax, and to validate taxes previously collected pursuant to Ordinance No. 679. A-2 RESOLUTION NO. 04-61 Section 4. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the voters of the City by signing where indicated below. I hereby certify that the foregoing Ordinance was PASSED, APPROVED, AND ADOPTED by the people of the City of Palm Desert, California, voting on the day of November, 2004. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: BEST BEST & KRIEGER LLP DAVID J. ERWIN, CITY ATTORNEY ROBERT A. SPIEGEL, MAYOR A-3 RESOLUTION NO. 04-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Palm Desert, California, called a General Municipal Election to be held on Tuesday, November 2, 2004, for the purpose of the election of three (3) Members of the City Council for the full term of four (4) years; and WHEREAS, the City Council is submitting to the voters a question relating to validation of the City's Transient Occupancy Tax (the hotel bed tax); and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City, the precincts, polling places, and election officers of the two elections be the same, and that the County Election Department of the County of Riverside canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 2, 2004, for the purpose of the election of three (3) Members of the City Council for the full term of four (4) years. SECTION 2. That a measure is to appear on the ballot as follows: Shall City of Palm Desert Ordinance No. 679, which increased the Transient Occupancy Tax (the hotel bed tax) from eight percent (8%) to nine percent (9%), be approved? YES NO SECTION 3. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. RESOLUTION NO. 04-62 SECTION 4. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of Palm Desert recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Riverside. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 2 RESOLUTION NO. 04-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004 WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Palm Desert, California, on Tuesday, November 2, 2004, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. Pursuant to the Voting Rights Act, the City may be required to translate candidates' statements into the following languages: Spanish. The City Clerk shall have all candidates' statements translated into the language specified above and print same inthe voters' pamphlet. SECTION 3. PAYMENT. a) The candidate shall be required to pay for the cost of printing the candidate's statement in English in the voters' pamphlet. b) The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in Section 2 above, pursuant to State and/or Federal law. c) The candidate shall not be required to pay for the cost of printing the candidate's statement in another foreign language in the voters' pamphlet other than that specified in Section 2 above. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing RESOLUTION NO. 04-63 a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voters' pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within a reasonable amount of time after the election. SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nominating petitions are issued. SECTION 6. That all previous resolutions establishing Council policy on payment for candidates' statements are repealed. SECTION 7. That this resolution shall apply only to the election to be held on Tuesday, November 2, 2004, and shall then be repealed. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 2 RESOLUTION NO. 04-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § 9220 and 9285 of the Elections Code of the State of California authorize the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the measure that will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on Tuesday, November 2, 2004, and shall then be repealed. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. RESOLUTION NO. 04-64 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: ROBERT A. SPIEGEL, MAYOR RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 RESOLUTION NO. 04-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of Palm Desert, California, on Tuesday, November 2, 2004, at which there will be submitted to the voters the following measure: Shall City of Palm Desert Ordinance No. 679, which increased the Transient Occupancy Tax (the hotel bed tax) from eight percent (8%) to nine percent (9%), be approved? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes ALL members of the City Council to file a written argument in Favor of the City measure, accompanied by the printed name(s) and signatures of the person(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the measure, showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. RESOLUTION NO. 04-65 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: ROBERT A. SPIEGEL, MAYOR RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 ORDINANCE NO. 1071 THE CITY OF PALM DESERT, CALIFORNIA, VALIDATING AND RE-ENACTING THE CITY'S TRANSIENT OCCUPANCY TAX THE PEOPLE OF THE CITY OF PALM DESERT, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The people of the City of Palm Desert, California, find, as follows: (a) In 1992, the City Council adopted Ordinance No. 679 to increase the rate of the Transient Occupancy Tax by one percent. In 1986, the State's voters approved Proposition 62 to require voter approval of local general taxes. The City Council did not seek voter approval of Ordinance No. 679 because a number of appeal courts, including the court which ruled in the case of the City of Woodlake v. Logan 230 Cal. App. 3d 1058 (1991), had previously decided that Proposition 62's requirement that general taxes be submitted to a referendum violated the California Constitution and was therefore unenforceable. On December 14, 1995, the California Supreme Court disapproved the Woodlake decision in the case of Santa Clara County Local Transportation Authority v. Guardino, 11 Cal. 4'h 220 (1995). On June 4, 2001, that Court decided Howard Jarvis Taxpayers Association v. City of La Habra 26 Cal. 4'h 236 (2001), which further suggested that the City should seek voter approval of Ordinance No. 679. The City Council thereafter proposed this Ordinance to the voters to validate the ordinance. Section 2. Validation of Existing Ordinance. Ordinance No. 679 of the City of Palm Desert, which increased the rate of the Transient Occupancy Tax from eight percent to nine percent is hereby validated and re -approved or approved to the fullest extent permitted by law. Section 3. Intent. Section 2 of this Ordinance is intended to authorize the continued collection of the Transient Occupancy Tax, to validate the adoption of that tax, and to validate taxes previously collected pursuant to Ordinance No. 679. Section 4. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the voters of the City by signing where indicated below. ORDINANCE NO. 1071 I hereby certify that the foregoing Ordinance was PASSED, APPROVED, AND ADOPTED by the people of the City of Palm Desert, California, voting on the day of November, 2004. ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: BEST BEST & KRIEGER LLP DAVID J. ERWIN, CITY ATTORNEY ROBERT A. SPIEGEL, MAYOR 2