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HomeMy WebLinkAboutRSGNTN - B.CritesCITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: RESIGNATION OF COUNCILMAN BUFORD A. CRITES AND CONSIDERATION OF THE MANNER IN WHICH THE VACANCY WILL BE FILLED. SUBMITTED BY: Rachelle D. Klassen, City Clerk DATE: July 13, 2006 CONTENTS: I. Staff Report II. Memo of Resignation by Councilman Buford A. Crites III. Government Code Section 36512 IV. Draft Resolutions Calling/Consolidating Special Election Recommendation: 1) By Minute Motion, acknowledge the resignation of Buford A. Crites from the City Council, effective July 1, 2006, with very sincere regret and declare the position to be vacant. 2-A) By Minute Motion, direct that the appointment process be initiated for filling the City Council seat vacated by Buford A. Crites for the remainder of his term (November 2008), said process to be completed by August 12, 2006. or 2-13) Waive further reading and adopt: i) Resolution No. 06-110, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, November 7, 2006, 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; ii) Resolution No. 06-111, requesting the Board of Supervisors of the County of Riverside to consolidate a Special Municipal Election to be held on Tuesday, November 7, 2006, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code. or 2-C) By Minute Motion, direct that the appointment process be initiated for filling the City Council seat vacated by Buford A. Crites by August 12, 2006, until such time as a Special Election can be called for March 6, 2007. Discussion: Due to the resignation of Councilman Buford A. Crites effective July 1, 2006, City Council is required to receive notice of the resignation at a City Council Meeting, acknowledge that a vacancy has been created on the City Council, and determine how it will be filled for the remainder of the term (November 2008). Three alternatives are available: 1) Appointment of an eligible Palm Desert resident within 30 days of the resignation acceptance, said appointment to be for the remainder of the term. Staff Report — City Councilmember Resignation/Action to Fill the Vacancy July 13, 2006 2) Calling of a Special Election to be consolidated with the 2006 General Municipal Election to fill the seat for the remainder of the term. 3) Appointment of an eligible Palm Desert resident within 30 days of the acceptance of the resignation until such time as a Special Election can be called for March 6, 2007, to fill the seat for the remainder of the term. With the abbreviated summer City Council Meeting schedule, your decision is requested at this time in order to meet certain calendar deadlines specified with such an occurrence. The action that is most time sensitive would be the calling of a Special Municipal Election to be consolidated with the General Municipal in November 2006. In order for that to take place, the election must be called no less than 114 days prior to the next regularly established election date. July 16 is the 1141h day prior to the next election on November 7. If the choice is made to call a Special Election that is consolidated with the City's General Municipal Election to be held on Tuesday, November 7, 2006, adoption of the required resolutions is necessary on or before July 16. Subsequently, the nomination filing period for City Council candidates for both the General Municipal (two, full -term seats) and Special (one, short-term seat) Elections would run concurrently, July 17 through August 11, 2006. If the City Council chooses to pursue an appointment to the vacant elective office, development of an application, deadline for submittal, interviews of potential candidates, and resulting appointment to the seat will need to be completed by August 12, 2006 (30 days from commencement of the vacancy). The appointed City Councilmember can hold the seat until the expiration of the term or until calling a Special Election that would occur the first Tuesday after the first Monday in March 2007, and the elected Council member would hold the seat until the expiration of the term in November 2008. Therefore, your decision on how to proceed with one of the aforementioned alternatives is requested. For your convenience should you choose to call a Special Election, draft resolutions for this purpose are provided and may be adopted in their present form. Submitted by: A:Zevjpwed ano-cgnc RACHELLE D. KLASS N, CMC CITY CLERK Approved: CARLOS L. ORTEG CITY MANAGER Attachments (as noted) SHEILA R. GTLCYGAN ACM FOR COMMUNITY VICES PAUL I S IRECTOR OF FINA C /CIT TREASURER 2 CITY COUNCIL TION: APPROVED DENIED RECEIVED OTHER MEETING DATE j. 0 AYES : ,&/T9l. lrty//cre��/ ctrr.! f155,WiV NOES:? ABSENT:m—w . ABSTAIN: MOLE VERIFIED BY: !t*M/ m Original on File we� City Clerk's Office Memorandum City of Palm Desert Office of the Mayor and City Council To: City Clerk Rachelle Klassen From: Councilmember Buford Crites Subject: ReA nation from the Citv Council Date: June 26, 2006 In 19811 was appointed to the Palm Desert Planning Commission and since 1986 I have been an elected member of the City Council. During these years I have been a part of a remarkable community of citizens, staff, and appointed and elected colleagues, both in Palm Desert and in our valley. I am most appreciative of the personal kindness and professional competence of those involved in local and regional government and am proud of our community's commitment to cooperative problem solving and civility. This January I retired from College of the Desert and in planning for my State Teachers Retirement System future, I have found significant financial benefits if I leave the Public Employees Retirement System at the same time. Before and after leaving the college I have tried a variety of ways to decouple these programs including requesting to leave the Public Employees Retirement System and serving as a council member with no salary for the remainder of my Council term. Unfortunately all of my ideas have been met with variations of a "State regulations say no" response. Therefore, with significant sadness I tender my resignation from the Council effective July 1. I thank the citizens of Palm Desert for allowing me to have two decades of public service. I hope I have exercised my opportunities to touch our collective future with creative competence, humor, and humility. BUFORPA. CRITES D� COUNCIILMEMBER Z r M N 10M0 BAC:wjm —i NMm _ m '° "' m boo w >_0 cn M CA Codes (gov:36501-36525) Page 3 of 7 the city council and, notwithstanding Section 36502 to the contrary, are not required to be residents or electors in the city. The city council may by ordinance vest in the city manager its authority to appoint such officers. 3651-1. The petition for incorporation of a city may provide for the appointment of the elective officers, or any of them except councilmen. 1f 't does, a separate election upon the question need not be held, and :.:pon incorporation the city council shall appoint suc:^ officers. 36512. (a) If a vacancy occurs in an appointive office provided for 'n this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. (b) If a vacancy occurs in an elective office provided for in this chapter, the council shall-, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special elec ion. A person appoin:ed or elected to fill_ a vacancy holds office for the unexpired term of the former incumbent. (c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance which: (1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to. Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days fron. the call of the special elect'o (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified sianatures are filed. The ordnance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body which has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition. (3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held -hroughout the city not less than, 114 days from the call of the special election. (d) (1) Notwithstandina subdivision (b) and Section 34902, an appointment shall not be made to fill, a vacancy on a city council_ 'f the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not 'Less than 114 days after the call. (3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. http://www.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=36001-37000&file=36501-36... 6/30/2006 RESOLUTION NO. 06-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, 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 WHEREAS, under the provisions of the laws of the State of California and the Charter of the City of Palm Desert, a Special Municipal Election shall be held on Tuesday, November 7, 2006, for the election of Municipal Officers. 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 7, 2006, a Special Municipal Election for the purpose of electing one (1) Member of the City Council for the term of office in which a vacancy was created, and which ends November 2008. SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. SECTION 3. 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. SECTION 4. 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 5. 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 6. 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. RESOLUTION NO. 06-110 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 131th day of July, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JIM FERGUSON, MAYOR 2 RESOLUTION NO. 06-111 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 SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, 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 Special Municipal Election to be held on Tuesday, November 7, 2006, for the purpose of the election of one (1) Member of the City Council for the term of office in which a vacancy was created, and which ends November 2008. WHEREAS, it is desirable that the Special Municipal Election be consolidated with both the City's General Municipal Election and 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 three elections be the same, and that the County Election Department of the County of Riverside canvass the returns of the General and Special Municipal Elections, and that the elections 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 Special Municipal Election with the Statewide General Election on Tuesday, November 7, 2006, for the purpose of the election of one (1) Member of the City Council for the term of office in which a vacancy was created, and which ends November 2008. SECTION 2. That the County Election Department is authorized to canvass the returns of the Special 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. SECTION 3. 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 4. 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. RESOLUTION NO. 06-111 SECTION 5. 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 6. 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 13th day of July, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JIM FERGUSON, MAYOR K