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HomeMy WebLinkAboutRes 06-98 thru 06-100 2006 General Municipal ElectionCITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS STAFF REPORT REQUEST: REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE 2006 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF PALM DESERT ON TUESDAY, NOVEMBER 7. SUBMITTED BY: Rachelle D. Klassen, City Clerk DATE: June 22, 2006 CONTENTS: I. Staff Report II. Resolution No. 06- - Calling the Election III. Resolution No. 06- - Requesting Consolidation with the Statewide General Election in November 2006 IV. Resolution No. 06- - Adopting Regulations for Candidates' Statements Recommendation: Waive further reading and adopt: 1) Resolution No. 06- , calling and giving notice of the holding of a General 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. 2) Resolution No. 06- , requesting the Board of Supervisors of the County of Riverside to consolidate a General 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. 3) Resolution No. 06- , adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at an election to be held on Tuesday, November 7, 2006. Staff Report - Actions for the 2006 General Municipal Election Page 2 June 22, 2006 Discussion: Pursuant to California Elections Code §§ 330, 10002, 10403.5, and 13307, and prior to July 1, the City of Palm Desert must adopt certain resolutions for its 2006 General Municipal Election. The aforementioned resolutions give notice and call for, request the County Elections Department provide services and consolidate it with the Statewide General Election, and adopt regulations concerning candidates' statements. Adoption of the three recommended resolutions is, therefore, requested in order to begin the process of conducting the 2006 Election for two (2) Members of the City Council each for the full term of four (4) years. Funds for the Election have been requested in the FY 2006/07 City Financial Plan, which is subject to approval during the Public Hearings portion of this meeting. Submitted by: RACHELLE D. KLASSEN, CIVIC CITY CLERK Approved: CARLOS L. ORTEGA CITY MANAGER rdk Attachments (as noted) Reviewed and concur: SHEILA R. GILLIGAN, ACM FOR COMMUNITY SERVICES/P.I.O. PAUL S. GIBSON, DIRECTOR OF FINANCE/CITY TREASURER W Ogenda 4emst2006 June 2212006 PD Gen Muni Eiectiom06 staff repot rvpd RESOLUTION NO. 06- 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 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 General Municipal Election shall be held on Tuesday, November 7, 2006, for the election of Municipal Officers; and 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 General Municipal Election for the purpose of electing two (2) Members of the City Council for the full term of four (4) years. 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- 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 22nd day of June, 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- 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 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 General Municipal Election to be held on Tuesday, November 7, 2006, for the purpose of the election of two (2) Members of the City Council for the full term of four (4) years; 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 7, 2006, for the purpose of the election of two (2) Members of the City Council for the full term of four (4) years. SECTION 2. 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. 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. 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. RESOLUTION NO. 06- 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 22nd day of June, 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- 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 7, 2006 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 7, 2006, 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. A. Pursuant to the Federal Voting Rights Act, the City may be required to translate candidates' statements into the following language(s): Spanish. B. The City Clerk shall: 1. Translations: Have all candidates' statements translated into the languages specified in (A) above. 2. Printing: Print all translations of all candidates' statements in the voters' pamphlet. SECTION 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidates' statement into any required foreign language as specified in (A) above, pursuant to Federal and/or State Law. B. Printing: 1. The candidate shall be required to pay for the cost of printing the candidates' statement in English in the voters' pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidates' statement in a foreign language in the voters' pamphlet. RESOLUTION NO. 06- 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 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 City 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 City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City 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 City 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 7, 2006, 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 22nd day of June, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JIM FERGUSON, MAYOR 2 RESOLUTION NO. 06- RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA