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Res 2014-21 through 27 - Ord 1270 - 2014 Gnrl Muni Election
�Y ,' � (/ �e:::%7',(.�� U,�'��7� �_����oi� CITY OF PALM DES R������ �`������������---�-�� ��`���` `�'���" CITY CLERK DEPART E@��' °��'", .,��-_ .��.���..r_......��..w.._.�.�._�_,. --- STAFF REPORT �� �'�,�����.�`��;� ��:� °�e��5�'��;.� II�������� REQUEST: APPROVAL OF ACTIONS RELATIVE TO THE 2014 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF PALM DESERT ON TUESDAY, NOVEMBER 4, INCLUDING ELECTION OF CERTAIN OFFICERS AND CONSIDERATION OF MEASURES RELATING TO AN INCREASE IN THE CITY'S TRANSIENT OCCUPANCY TAX (T.O.T.). SUBMITTED BY: Rachelle D. Klassen, City Clerk DATE: April 10, 2014 CONTENTS: • Staff Report • Resolution No. 2014 - 21 - Calling the Election • Resolution No. 2014 - 22 - Consolidating with Statewide General Etection on November 4, 2014 • Resolution No. 2014 - 23 - Candidates' Statements Regulations • Resolution No. 2014 - 24 - Measure Relating to an Increase in Transient Occupancy Tax (T.O.T.) • Resolution No. 2014 - 25 - Advisory Measure for Allocation of Additional Transient Occupancy Tax (T.O.T.) Revenue • Resolution No. 2014-26- Priorities for Filing Written Argument Regarding City Measure • Resolution No. 2014 - 27 - Rebuttal Arguments for City Measures • Arguments Form • Ordinance No. 1270-Amending Sections 3.28.030 and 3.28.070 of Title 3 of the Palm Desert Municipal Code - Transient Occupancy Taxes • 2014 General Municipal Election Calendar Recommendation Waive further reading and: 1) Adopt Resolution No. 2014 - 21, calling for the holding of a General Municipal Election to be held on Tuesday, November 4, 2014, for the election of certain officers. 2) Adopt Resolution No. 2014 - 22, requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 4, 2014, with the Statewide General Election to be held on the date pursuant to §10403 of the Elections Code. 3) Adopt Resolution No. 2014 - 23, adopting regulations for candidates for elective office pertaining to candidates'statements submitted to the voters for the November 2014 Election. 4) Adopt Resolution No. 2014 - 24, submitting to the qualified voters of the City at said Election a Measure relating to an increase in Transient Occupancy Tax (T.O.T.). 5) Adopt Resolution No. 2014- 25, submitting to the qualified voters of the City at said Election an Advisory Measure for Allocation of Additional T.O.T. Revenue to promotional and marketing-related expenses. 6) Adopt Resolution No. 2014-26, setting priorities for filing a written argument regarding a City Measure. 7) Adopt Resolution No. 2014 - 27, providing for the filing of Rebuttal Arguments for City Measures submitted at Municipal Elections. 8) Pass Ordinance No. 1270 to second reading, amending Sections 3.28.030 and 3.28.070 of Title 3 of the Palm Desert Municipal Code - T.O.T., pending majority vote of the voters. Staff Report - Actions for the 2014 General Municipal Election April 10, 2014 Page 2 Background Pursuant to California Elections Code §§ 330, 10002, 10403.5, and 13307, and by June 27, 2014, in order to consolidate with the County of Riverside, the City of Palm Desert must adopt certain resolutions for its November 2014 General Municipal Election. The aforementioned resolutions call for the Election, request the County Elections Department to provide services and consolidate it with the Statewide General, adopt regulations concerning candidates' statements, submit a measure to the voters regarding an increase in Transient Occupancy Tax (T.O.T.), submit an advisory measure to the voters regarding allocation of the increased T.O.T. revenue, set priorities for filing written arguments for the measure, provide for filing of rebuttal arguments thereto, and introduce the ordinance for increasing the City's T.O.T. Adoption of the recommended resolutions is requested, along with introduction of the ordinance regarding the measure, in order to begin the process of conducting the 2014 Election for two (2) Members of the City Council each for the full term of four (4) years. These are seats currently held by Councilmembers Benson and Harnik. The Candidate Nomination Period begins July 14 and runs through August 8. Additionally, per prior direction of the City Council and City Manager, the 2014 General Municipal Election will include a measure to increase the City's T.O.T. rate from that of the 1992-established 9% to a rate of 11%. Transient Occupancy Tax (T.O.T.) is imposed upon anyone staying in the City's hotels, time-share units, or short-term rental properties. It has been assessed on these guests since the City's incorporation in 1973 and does not directly affect residents, unless they have occasion to stay in one of the City's hotel or time-share properties. This increase will bring Palm Desert's T.O.T. more in line with comparable jurisdictions and provide increased general fund revenues to the City. By way of the Advisory Measure for this item also to be included on the November 2014 City Ballot, qualified voters will be asked to indicate whether or not they believe the increased T.O.T. revenues should be allocated specifically for the City's marketing and promotional efforts, including publicity for special events,development of collateral materials, monthly Bright Side newsletter,and the official Palm Desert Tourism website in order to maintain a consistent image for the City through its local, regional, and national marketing campaigns to attract and retain visitors coming to our destination. The Advisory Measure is not binding on the City but gives voters an opportunity to weigh-in on how the additional revenues would be spent, if they approve the increase. Sales Tax and T.O.T. combined provide around 30% of the City's revenues that are, in turn, spent on Public Safety, Parks & Recreation, and infrastructure maintenance and improvements. Tourism and hospitality are at the heart of the City's economic base, and keeping that engine fine-tuned to attract the visitors who enjoy staying, shopping, and eating here allows us to continue to generate the revenues necessary to sustain the City's current level of services to residents and visitors alike. Funds for the Election have been requested in the FY 2014-2015 City Financial Plan, General Fund Account Nos. 110-4114-410-XXXX, which is subject to approval during the public hearing to be held at the Council's June 26, 2014, regular meeting. Staff Report - Actions for the 2014 General Municipal Election April 10, 2014 Page 3 Fiscal Impact There is no fiscal impact specifically for calling the 2014 Palm Desert General Municipal Election. Once the Election is certified and the elected Councilmembers are seated shortly thereafter, the Riverside County Registrar of Voters will issue an invoice for its services in consolidating the City's Election with the Statewide General. The average cost per election for the past seven (2000, 2002, 2004, 2006, 2008, 2010, and 2012) has been approximately$50,000. The final cost depends on the number of candidates and number of them submitting statements, and the cost for printing the two Measures and any arguments for or against, in the Sample Ballot. Submitted by: Reviewed: R he e D. Klassen, MC, City Clerk C D�/IT APPI�bi��r..n . . �Y�er RECEIVED OTHER Approved: MEETING DA � 1 -�G AYES: � ��� NOES: �- ABSENT: ��� Jo M. Wohlmuth, City Manager ABSTAIN: VrR1FIED BY: f'� Original on File with City Cl� 's Office * Recommendation Nos. 1-4 approved 5-0 Attachments (as noted) (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None) . Recommendation No. 5 approved 4-1 (AYES: Harnik, Spiegel, Weber, and Tanner; NOES: Benson) . Recommendation Ncs 6-7 approved 5-0 (AYES: Benson, Harnik, Spiegel, Weber, and Tanner; NOES: None) . Recommendation No. 8 approved 4-1 (AYES: Harnik, Spiegel, Weber, and Tanner; NOES: Benson) . H.IWPdafaIWPDOCSIELECT/0N1Election 201412014 staff report-calling e/ect.wpd RESOLUTION NO. 2014 - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, 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 4, 2014, 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 4, 2014, 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 coordinate with the County of Riverside Registrar of Voters 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, pursuant to Elections Code § 10242, 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. 2014 - 21 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. SECTION 8. The City Council authorizes the City Clerk to administer said Election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 RESOLUTION NO. 2014 - 22 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 4, 2014, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS,the City Councit of the City of Palm Desert, California, called a General Municipal Election to be held on Tuesday, November 4, 2014, 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 4, 2014, 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. The Election will be held and conducted in accordance with the provisions of law regulating the Statewide Election. 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. 2014 - 22 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 day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 RESOLUTION NO. 2014 - 23 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 4, 2014 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 4, 2014, 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, candidates' statements will be translated into all languages required by the County of Riverside. The County is required to translate candidates' statements into the following languages: Spanish. B. The County will print and mail sample ballots and candidates' statements to all voters in English. The County will mail separate sample ballots and candidates' statements in Spanish to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates' statements in the required languages available at all polling places, on the County's website, and in the Election Official's Office. RESOLUTION NO. 2014 - 23 SECTION 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any re uired foreign language as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State Law. B. Printing: 1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. 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. MISCELLANEOUS. A. All translations shall be provided by professionally-certified translators. B. The City Clerk shall allow underlining, capitalization, indentations, bullets, leading hyphens to the same extent and manner as allowed in previous City elections. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 6. 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 7. That all previous resolutions establishing City Council policy on payment for candidates' statements are repealed. 2 RESOLUTION NO. 2014 - 23 SECTION 8. That this Resolution shall apply only to the election to be held on Tuesday, November 4, 2014, and shall then be repealed. 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 , 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 3 RESOLUTION NO. 2014 - 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, CALIFORNIA SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, A MEASURE RELATING TO AN INCREASE IN TRANSIENT OCCUPANCY TAX. WHEREAS, the City of Palm Desert ("City") currently imposes a Transient Occupancy Tax at the rate of nine percent (9%) upon the guests of hotels and other transient accommodations located throughout the City; and WHEREAS, the Palm Desert City Council ("City Council") desires to increase the rate for the City's Transient Occupancy Tax by two percent (2%), to a total of eleven percent (11%), to be imposed upon the guests of hotels and other transient accommodations located throughout the City pursuant to the Palm Desert Municipal Code; and WHEREAS, pursuant to California Revenue and Taxation Code sections 7280 and 7281, the City Council is authorized to submit to the qualified electors of the City a ballot measure regarding the imposition of or increase to the City's Transient Occupancy Tax; and WHEREAS, pursuant to Article XIIIC, Section 2(b) of the California Constitution and California Government Code section 53723, no local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and WHEREAS, the People of the City ("People") have the authority under Article XIIIC, Section 2 of the California Constitution to approve general tax proposals such as a Transient Occupancy Tax within the City; and WHEREAS, Pursuant to Article XIIIC of the California Constitution and California Government Code section 53721, the City's Transient Occupancy Tax is a general tax such that an election to approve any increase in such tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government except in cases of emergency declared by a unanimous vote of the governing body; and WHEREAS, the City Council of the City of Palm Desert intends for the proposed increase in the Transient Occupancy Tax to be deposited in the City's General Fund as a general tax; and WHEREAS, the City Council of the City of Palm Desert desires and intends to have the qualified voters of the City vote upon the question of whether to adopt Ordinance No. 1270, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council finds that all of the forgoing recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein. RESOLUTION NO. 2014 - 24 Section 2. Pursuant to the requirements of the laws of the State of California, there is hereby called and ordered to be held in the City of Palm Desert, California, on Tuesday, November 4, 2014, a General Municipal Election for the purpose of submitting to the qualified voters of the City of Palm Desert the question of an increase in the City's Transient Occupancy Tax, a general tax, which election shall be consolidated with the statewide election to be held on the same day. Section 3. The Board of Supervisors of Riverside County is requested to order the consolidation of the General Municipal Election in the City of Palm Desert to be held on November 4, 2014 with the statewide election to be held on the same date, and the City herby consents to such consolidation. Section 4. The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: MEASURE : APPROVING AN INCREASE TO THE TRANSIENT OCCUPANCY TAX OF THE CITY OF PALM DESERT. Shall Ordinance No. 1270 be adopted to approve an increase in YES the City's Transient Occupancy Tax from the current rate of nine percent (9%) to a rate of eleven percent(11%)? NO Section 5. That the text of the Ordinance to be submitted to the voters is attached to this Resolution as Exhibit "A" and incorporated herein by this reference ("Ordinance"). Section 6. That pursuant to Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Ordinance to the City Attorney to prepare an impartial analysis of the Ordinance which shall not exceed 500 words in length. Section 7. That pursuant to Elections Code Section 9282, the City Council may file a written argument in favor of the Ordinance in accordance with Article 4, Chapter 3, Division 9 of the Elections Code and may change the argument as allowed by law. Section 8. That pursuant to Elections Code Section 9287, if more than one argument for or more than one argument against the Ordinance is submitted to the City Clerk within the time prescribed by law, he or she shall select one of the arguments in favor and one of the arguments against the Ordinance for printing and distribution to the voters, giving preference in such selection in the following order: 1. The City Council, or member or members of the City Council authorized by the City Council. 2. Bona fide associations of citizens. 3. Individual voters who are eligible to vote on the Ordinance. Section 9. That pursuant to Elections Code Sections 9220 and 9285, when the City Clerk has selected the arguments for and against the Ordinance which will be printed and 2 RESOLUTION NO. 2014 - 24 distributed to the voters, the City Clerk shall send copies of the argument in favor of the Ordinance to the author or authors of the argument against, and copies of the argument against the Ordinance to the author or authors of the argument in favor. The author or authors may submit a rebuttal argument to the direct argument not exceeding 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments and shall immediately follow the direct argument which it seeks to rebut. All previous resolutions providing for the filing of rebuttal arguments for City measures are repealed, and this Section shall only apply to the election on the Ordinance to be held on November 4, 2014. Section 10. In accordance with Section 10002 of the Elections Code, the Board of Supervisors of Riverside County is hereby requested to consent to the Registrar of Voters rendering election services to the City as may be requested by the City Clerk of said City, the County of Riverside to be reimbursed in full for such services as are performed. The Board of Supervisors of Riverside County is also requested to consent and agree to the consolidation of the General Election with any other election occurring on November 4, 2014, and the City hereby consents to any such consolidation. Section 11. The election services which the City requests of the Registrar of Voters, or such other official as may be appropriate to perform, and which such officer is hereby authorized and directed to perForm if the said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots and polling place cards, the establishment or appointment of precincts, polling places, and election officers, opening and closing of polling places, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places, the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk, and the performance of such other election services as may be requested by said City Clerk. Section 12. 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, pursuant to California Elections Code Section 10242 and Section 14212, except as provided in California Elections Code Section 14401 or any other provision of law. Section 13. All persons qualified to vote at municipal elections in the City on the day of the election herein provided for shall be qualified to vote on the Ordinance hereby submitted at the General Municipal Election. Section 14. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding General municipal elections in the City. Section 15. Notice of the time and place of holding the General Municipal 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 16. The City Clerk shall receive the canvass as it pertains to the General Municipal Election, and shall certify the results to this City Council, as required by law. Section 17. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall 3 RESOLUTION NO. 2014 - 24 not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. Section 18. Pursuant to California Elections Code section 9295, this Resolution and the attached Ordinance will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the sample ballot. The examination period will end on the day that is seventy-five (75) days prior to the date set for the election. Section 19. This Resolution shall take effect immediately upon its adoption by a unanimous vote of all of the members of the City Council. Section 20. The City Clerk of the City of Palm Desert is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Board of Supervisors of Riverside County and the Registrar of Voters of Riverside County at least 88 days before the date of the election. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: APPROVED AS TO FORM: RACHELLE D. KLASSEN, CITY CLERK DAVID J. ERWIN, CITY ATTORNEY CITY OF PALM DESERT, CALIFORNIA CITY OF PALM DESERT, CALIFORNIA 4 RESOLUTION NO. 2014 - 24 CERTIFICATION FOR RESOLUTION NO. 2014- I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Palm Desert on the day of , 2014, by the vote of the City Council: Rachelle D. Klassen, City Clerk City of Palm Desert 5 RESOLUTION NO. 2014 - 24 ATTACHMENT "A" ORDINANCE NO. 1270 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA AMENDING SECTIONS 3.28.030 AND 3.28.070 OF TITLE 3 OF THE PALM DESERT MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAXES WHEREAS, the People of the City of Palm Desert ("People") have the authority under Article XIIIC, Section 2 of the California Constitution to approve general tax measures within the City of Palm Desert ("City"). NOW THEREFORE, THE PEOPLE OF THE CITY OF PALM DESERT DO ORDAIN AS FOLLOWS: Section 1. Section 3.28.030 of Chapter 3.28 of Title 3 of the Palm Desert Municipal Code is hereby amended to include the underlined language and delete the �i� language as follows: "3.28.030 Tax Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of �i�e eleven percent of the rent charged by the operator or otherwise payable by the transient. The tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator or to the city. For purposes of this section, the rent deemed payable on account of occupancy of a time-share estate shall be the rent charged or otherwise payable to the time-share estate owner by a lessee of the time-share estate. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due when the transient ceases to occupy space in the hotel or time-share. If for any reason the tax due is not paid to the operator of the hotel or time-share, the tax administrator may require that such tax shall be paid directly to the tax administrator. Tax on occupancies in exchange for services of any kind is due and payable to the city by the operator, the amount of tax being determined on the basis of +a+�e eleven percent of the current rental value of the accommodations furnished." Section 2. Section 3.28.070 of Chapter 3.28 of Title 3 of the Palm Desert Municipal Code is hereby amended to include the underlined language and delete the � language as follows: 72500.00000\7747219.3 6 RESOLUTION NO. 2014 - 24 "3.28.070 Returns and payment. A. The tax imposed under Section 3.28.030 is due and payable to the tax administrator, on the first day of the month following the close of each calendar month and become delinquent on the first day of the second succeeding calendar month following the close of each calendar month. B. Each operator shall, on or before the last day of the month following the close of each calendar month, or shorter reporting period which may be established by the tax administrator, complete a monthly transient occupancy tax form provided by the tax administrator of the total rents charged or chargeable as provided in Section 3.28.030, whether or not received, including any rentals charged for occupancies exempt under the provisions of Sections 3.28.020 through 3.28.040, and the amount of tax collected for transient occupancies. At the time the return is filed, the tax — fixed at the rate of �+�e eleven percent of the amounts of rentals charged or chargeable which are not exempt from tax under Sections 3.28.020, 3.28.040 and 3.28.120 — shall be remitted to the tax administrator. The tax administrator may establish shorter reporting periods and may require a cash deposit or bond for any permit holder, if he deems it necessary, to insure collection of the tax and he may require further information in the return. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator. C. Each operator shall notify the tax administrator, ten days prior to the sale or cessation of business for any reason and returns and payments are due immediately upon the sale or cessation of business." Section 3. Proceeds of the tax imposed by this Ordinance shall be deposited into the general fund of the City and shall be available for all legal purposes. Section 4. If any section, subsection, sentence, clause, phrase or provision of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Ordinance are declared to be severable. The People hereby declare that they would have passed this Ordinance and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. Section 5. If adopted, this Ordinance will increase the rate of the City's existing Transient Occupancy Tax, which is a general tax of the City, by two percent (2%). This 72500.00000\7747219.3 7 RESOLUTION NO. 2014 - 24 Ordinance was proposed by the City Council of the City of Palm Desert through the approval and introduction of this Ordinance and the adoption of Resolution No. 2014-24. Section 6. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Palm Desert voting at a General Municipal Election to be held on November 4, 2014, and shall take effect immediately after the City Council has certified the results of the General Municipal Election by resolution. Section 7. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 4, 2014 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 voting on the day of 2014. VAN G. TANNER, MAYOR ATTEST: APPROVED AS TO FORM: RACHELLE D. KLASSEN, CITY CLERK DAVID J. ERWIN, CITY ATTORNEY CITY OF PALM DESERT, CALIFORNIA CITY OF PALM DESERT, CALIFORNIA 72500.00000\77472193 $ RESOLUTION NO. 2014 - 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, AN ADVISORY MEASURE FOR THE ALLOCATION OF ADDITIONAL TRANSIENT OCCUPANCY TAX REVENUE TO PROMOTIONAL AND MARKETING-RELATED EXPENSES. WHEREAS, the City of Palm Desert ("City") currently imposes a Transient Occupancy Tax at the rate of nine percent (9%) upon the guests of hotels and other transient accommodations located throughout the City; and WHEREAS, the Palm Desert City Council ("City Council") desires to increase the rate for the City's Transient Occupancy Tax ("TOT") by two percent (2%), to a total of eleven percent (11%), to be imposed upon the guests of hotels and other transient accommodations located throughout the City pursuant to the Palm Desert Municipal Code; and WHEREAS, revenue from the TOT rate increase measure, if passed, will be deposited in the City's general fund; and WHEREAS, the City Council desires to a submit an advisory ballot measure whereby voters can recommend that revenue from the TOT rate increase measure, if passed, be allocated to fund the City's marketing and promotional efforts; and WHEREAS, pursuant to Elections Code section 9603, the City Council is authorized to submit to the voters an advisory measure to obtain an indication of voter opinion regarding a ballot proposal; and WHEREAS, the results of the advisory vote will in no manner be binding on the City Council. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council finds that all of the forgoing recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein. Section 2. Pursuant to Elections Code Section 9603, the City Council hereby orders the advisory vote, as set forth in Section 3 of this Resolution to be submitted to the voters of the City at the November 4, 2014 election. Section 3. The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: RESOLUTION NO. 2014 - 25 ADVISORY VOTE ONLY If the City of Palm Desert's Transient Occupancy Tax, as set forth in Chapter 3.28 of the Palm Desert Municipal Code, is increased from 9% to 11%, should the City solely allocate the YES additional revenue for promotional efforts, including advertising, public relations, special event publicity, marketing collateral development, the City's monthly BrightSide newsletter, and the official Palm Desert tourism website to maintain a consistent image for the City's local, regional, and NO national marketing campaigns? Section 4. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. Section 5 This Resolution shall take effect immediately upon its adoption. Section 6. The City Clerk of the City of Palm Desert is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Board of Supervisors of Riverside County and the Registrar of Voters of Riverside County at least 88 days before the date of the election. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: APPROVED AS TO FORM: RACHELLE D. KLASSEN, CITY CLERK DAVID J. ERWIN, CITY ATTORNEY CITY OF PALM DESERT, CALIFORNIA CITY OF PALM DESERT, CALIFORNIA �so6a�o.z 2 RESOLUTION NO. 2014 - 26 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 4, 2014, at which there will be submitted to the voters the following measures: 1. Shall Ordinance No. 1270 be adopted to approve an increase in the City's Transient Occupancy Tax from the current rate of nine percent (9%) to a rate of eleven percent(11%)? 2. If the City of Palm Desert's Transient Occupancy Tax, as set forth in Chapter3.28 of the Palm DesertMunicipal Code, is increased from 9%to 11%, should the City solely allocate the additional revenue for promotional efforts, including advertising, public relations, special event publicity, marketing collateral development, the City's monthly BrightSide newsletter, and the official Palm Desert tourism website, to maintain a consistent image for the City's local, regional, and national marketing campaigns? 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 its body to file a written argument in Favor of the City Measure, not exceeding 300 words, accompanied by the printed name(s)and signatures of the author(s)submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn 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. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(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 who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. 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, not exceeding 500 words, 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 analysis shall include a statement indicating whether the measure was placed on the ballot RESOLUTION NO. 2014 - 26 by a petition signed by the requisite number of voters or by the governing body of the City. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Ordinance 1270 or Measure . If you desire a copy of the Ordinance orMeasure, please call the election official's office at(760) 346-0611, Ext. 304, and a copy will be mailed at no cost to you." 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of 2014, by the following vote, to wit: ' AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 RESOLUTION NO. 2014 - 27 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, § 9285 of the Elections Code of the State of California authorizes 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 ORDERAS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the Elections Official has selected the arguments for and against the measure that will be printed and distributed to the voters, the Elections Official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(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. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. 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 4, 2014, 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. 2014 - 27 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 CITY OF PALM DESERT- GENERAL MUNICIPAL ELECTION TUESDAY, NOVEMBER 4, 2014 ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent(s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot proposition (name or number) at the General Municipal Election for the City of Palm Desert, California, to be held on Tuesday, November 4, 2014, hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date All Authors must print his/her name and sign this form. (E. C. 9600) Print his/her name and sign the Argument itself. (E. C. 9283) Print his/her name and siqn the Rebuttal Argument itself. (E. C. 9285) Further, pursuant to Elections Code § 9282, printed arguments submitted to the voters shall be titled either "Argument In Favor Of Measure " or "Argument Against Measure ". Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either "Rebuttal To Argument In Favor Of Measure " or "Rebuttal To Argument Against Measure ", ORDINANCE NO. 1270 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 3.28.030 AND 3.28.070 OF TITLE 3 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO TRANSIENT OCCUPANCY TAXES (T.O.T.) WHEREAS, the People of the City of Palm Desert ("People") have the authority under Article XIIIC, Section 2 of the California Constitution to approve general tax measures within the City of Palm Desert ("City"). NOW, THEREFORE, THE PEOPLE OF THE CITY OF PALM DESERT DO ORDAIN AS FOLLOWS: Section 1. Section 3.28.030 of Chapter 3.28 of Title 3 of the Palm Desert Municipal Code is hereby amended to include the underlined language and delete the �r� language, as follows: "3.28.030 Tax Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of� eleven percent of the rent charged by the operator or otherwise payable by the transient. The tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator or to the City. For purposes of this section, the rent deemed payable on account of occupancy of a time-share estate shall be the rent charged or otherwise payable to the time-share estate owner by a lessee of the time-share estate. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due when the transient ceases to occupy space in the hotel or time-share. If for any reason the tax due is not paid to the operator of the hotel or time-share, the tax administrator may require that such tax shall be paid directly to the tax administrator. Tax on occupancies in exchange for services of any kind is due and payable to the city by the operator, the amount of tax being determined on the basis of � eleven percent of the current rental value of the accommodations furnished." Section 2. Section 3.28.070 of Chapter 3.28 of Title 3 of the Palm Desert Municipal Code is hereby amended to include the underlined language and delete the s#�feh��t language, as follows: ORDINANCE NO. 1270 "3.28.070 Returns and payment. A. The tax imposed under Section 3.28.030 is due and payable to the tax administrator, on the first day of the month following the close of each calendar month and become delinquent on the first day of the second succeeding calendar month following the close of each calendar month. B. Each operator shall, on or before the last day of the month following the close of each calendar month, or shorter reporting period which may be established by the tax administrator, complete a monthly transient occupancy tax form provided by the tax administrator of the total rents charged or chargeable as provided in Section 3.28.030, whether or not received, including any rentals charged for occupancies exempt underthe provisions of Sections 3.28.020 through 3.28.040, and the amount of tax collected for transient occupancies. At the time the return is filed, the tax-- fixed at the rate of � eleven percent of the amounts of rentals charged or chargeable which are not exempt from tax under Sections 3.28.020, 3.28.040, and 3.28.120--shall be remitted to the tax administrator. The tax administrator may establish shorter reporting periods and may require a cash deposit or bond for any permit holder, if he deems it necessary, to insure collection of the tax and he may require further information in the return. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator. C. Each operator shall notify the tax administrator, ten days prior to the sale or cessation of business for any reason and returns and payments are due immediately upon the sale or cessation of business." Section 3. Proceeds of the tax imposed by this Ordinance shall be deposited into the general fund of the City and shall be available for all legal purposes. Section 4. If any section, subsection,sentence,clause, phrase or provision of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competentjurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Ordinance are declared to be severable. The People hereby declare that they would have passed this Ordinance and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, 2 ORDINANCE NO. 1270 subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. Section 5. If adopted, this Ordinance will increase the rate of the City's existing Transient Occupancy Tax, which is a general tax of the City, by two percent (2%). This Ordinance was proposed by the City Council of the City of Palm Desert through the approval and introduction of this Ordinance and the adoption of Resolution No. 2014 -24. Section 6. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Palm Desert voting at a General Municipal Election to be held on November4, 2014, and shall take effect immediately afterthe City Council has certified the results of the General Municipal Election by resolution. Section 7. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 4, 2014, 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 voting on the 4th day of November, 2014. VAN G. TANNER, MAYOR ATTEST: APPROVED AS TO FORM: RACHELLE D. KLASSEN, CITY CLERK DAVID J. ERWIN, CITY ATTORNEY CITY OF PALM DESERT, CALIFORNIA CITY OF PALM DESERT, CALIFORNIA 3 Page 1 GENERAL MUNICIPAL ELECTION NOVEMBER 4, 2014 (E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.) The materials contained in this calendar represent the research and opinions of the staff at the Riverside County Registrar of Voters. The contents of this calendar and any legal interpretations contained herein are not to be relied upon as being correct either factually or as legal opinion. Retiance on the content without prior submission to and approval of your appropriate public counsel is at the reader's risk. Please call (951) 486-7200 if you have any questions or comments or visit our website at www.voteinfo.net. Thank you. DATE PERSON DESCRIPTION RESPONSIBLE ADOPT RESOLUTION CALLING ELECTION(E.C. §§ 330, 10002, 10403.5, 13307) June 27 City Council BY this suggested date adopt resolutions regarding the following: (130) � Ordering election including incumbents and offices to be filled. � Requesting Registrar of Voters to conduct election. � Regulations whether candidates or city will pay for candidate statements. June 27 BOUNDARYCHANGES (E.C. § 12262) (130) City Council Suggested last day boundary changes may be made for this election. PUBLISH NOTICE OF ELECTION(E.C. § 12101; G.C. §§ 6060, 6061) June 30— Publish Notice of Election one time between these dates. The notice will July 14 City Clerk include date and time of election, nomination deadline, the offices to be filled, (127-113) and hours the polls will be open. The Notice is to be published in a newspaper of general circulation published in the City. Federal law requires publication to be made in English and Spanish. Registrar of INDEPENDENCE DAY(CO. ORD. 358.8) July 4 Voters The Registrar of Voters office will be closed. LAST DAY TO ADOPT REGULATIONS REGARD/NG CANDIDATE July 7 City Council / STATEMENTS (E.C. § 13307) (120) City Clerk Last day for local agency to adopt or amend regulations regarding charges for printing candidate's statement. NOMINATION PERIOD (E.C. §§ 10220, 10224, 13107, 13307, 13309, 13311; G.C. §§36503, 87201 et seq.) July 14— Candidates/ Between these dates candidates may take out and file nomination papers August 8 Cit Clerk W�th the City Clerk during normal business hours as posted. The ballot (113—88) y designation worksheet must be filed at the same time as the Declaration of Candidacy. Candidate statements must be filed at the same time nomination petitions are filed. Statements are confidential until the deadline for filing has passed. Statement of Economic Interest must be filed by the final filing date. Page 2 GENERAL MUNICIPAL ELECTION NOVEMBER 4, 2014 (E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.) DATE PERSON DESCRIPTION RESPONSIBLE CODE OF FA/R CAMPAIGN PRACTICES (E.C. §20400 et seq.) July 14— Candidates/ At the time a candidate is issued nomination papers, the City Clerk shall August 8 City Clerk �ssue the Code of Fair Campaign Practices. The City Clerk shall inform the (113 —88) candidate that filing the code is voluntary. The code may be filed any time prior to the election and is available for public inspection until 30 days after the election. LAST DAY TO FILE NOM/NATION PAPERS AND/OR WITHDRAW(EC. § 10220 et seq.; G.C. § 87207 et seq.) Nomination papers and candidate statements must be filed no later than this August 8 Candidates / date. Candidates may withdraw their nomination until the close of the (88) City Clerk nomination period. '� PUBLIC EXAM PERIOD (E.C. § 13313) There will be a 10 day exam period for Candidate Statements filed. The period will be held August 9 thru August 18. ORD/NANCE/MEASURE(E.C. §§9222, 9223, 13247) August 8 Last day for a copy of the ordinance or measure to be submitted to the �88� City Clerk Registrar of Voters if a measure is to be included on the ballot. A copy shall be made available to any voter. The statement of all measures submitted to the voters shall be abbreviated on the ballot. The statement shall contain not more than 75 words for each measure to be voted on. PUBLISH NOTICE OF ELECTION(E.C. §12111; G.C. §§ 6060, 6061) The City Clerk shall publish a notice of election as soon as possible pursuant to section 12111 of the California Elections Code. A synopsis of the August 8 Cit Clerk measure(s) shall be included in the publication. Government Code § 6061 �88) y requires the notice to be published once. The last day to submit arguments to the City Clerk should also be included in the notice. The City Clerk shall consolidate the notice of election and the notice of ineasure to be voted on into one notice if the measure was placed on the ballot before the notice of election is published. W/THDRAW CANDIDATE STATEMENTS (E.C. § 13307) August 9 Candidates/ Last day to withdraw candidate statements, unless there is an extension of (87) City Clerk the nomination period. Withdrawal of candidate statements must be in writing to the City Clerk. Page 3 GENERAL MUNICIPAL ELECTION NOVEMBER 4, 2014 (E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.) DATE PERSON DESCRIPTION RESPONSIBLE EXTENSION OF NOMINATION PER/OD (E.C. § 10225) If nomination papers for an incumbent officer of the city are not filed by the 88th day before the election, during normal business hours, as posted, the voters shall have until the 83rd day before the election during normal business hours, as posted, to nominate candidates other than the person August 13 Candidates / who was the incumbent on the 88th day, for that incumbenYs elective office. (83) City Clerk This is not applicable where there is no incumbent eligible to be elected. If this section is applicable, a candidate may withdraw his or her declaration of candidacy until the 83�d day before the election. � PUBLIC EXAM PERIOD (E.C. § 13313) There will be a 10 day exam period for Candidate Statements filed. The period will be held August 14 thru August 23. LAST DAY TO WITHDRAW MEASURE(E.C. § 9605) August 13 City Council Whenever a legislative body has ordered that a measure be submitted to the �83� voters of any jurisdiction at an election, the order of election shall not be amended or withdrawn after this date. 1NSUFFICIENT NOM/NEES-POSSIBLE PROCEDURES (EC. § 10229) If on this date no one or only one person has been nominated, the officer conducting the election shall inform the governing body that it may, at a regular meeting or special meeting held before the election, adopt one of the following: 1. Appoint the person who was nominated. 2. If no one has been nominated, appoint any eligible elector. 3. Hold the election. August 13 City Clerk/ The provisions of this section shall not a I f, at the re ularl scheduled (83) City Council PP Y � 9 Y municipal election, more than one person has been nominated to another city office to be elected on a citywide basis or, a city measure has qualified and is to be submitted to the voters at that municipal election. PUBUSH NOTICE OF FACTS (G.C. § 6061) The City Clerk shall publish a notice of the facts described in this section and the courses of action available. After the fifth day following the date of publication, the City Council may make the appointment or direct an election to be held. RANDOM/ZED ALPHABET(E.C. § 13112) August 14 Secretary of (82) State On this date the Secretary of State shall conduct a drawing of the alphabet for determining the order of candidate's names on the ballot. Page 4 GENERAL MUNICIPAL ELECTION NOVEMBER 4, 2014 (E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.) DATE PERSON DESCRIPTION RESPONSIBLE WITHDRAW CAND/DATE STATEMENTS (EXTENSION) (E.C. § 13307) August 14 Candidates / In the event there is an extension of the nomination period, candidates may (82) City Clerk have until this date to withdraw their candidate's statement. Withdrawal of candidate statements must be in writing to the City Clerk. SUBM/T NAMES OF CANDIDATES TO REGISTRAR OF VOTERS (E.C. § 10403) August 15 City Clerk (81) Last day to submit to the Registrar of Voters names and ballot designations of candidates as they are to appear on the ballot. The Certified List should be submitted in alphabetical order by office. PUBLISH NOM/NEES (E.C. § 12190) August 18 City Clerk Suggested date to publish candidate's names in the random order that they �78� will appear on the ballot, and the respective offices for which they have been nominated. IMPARTIAL ANALYSIS OF MEASURE(E.C. §9280) The governing body may direct the City Clerk to transmit a copy of the measure to the City Attorney. Suggested date for City Attorney to prepare and submit analysis of ineasure showing the effect it will have on the existing law, etc., if so directed by the governing body. The analysis shall be printed August 18 City Attorney/ in the ballot pamphlet preceding the arguments. The impartial analysis shall (78) City Clerk not exceed 500 words. In the event the entire text of the measure is not printed on the ballot or in the voter information portion of the sample ballot, there shall be immediately below the impartial analysis a statement notifying voters that they may obtain a copy of the ordinance or measure by calling the City Clerk's office and requesting one. � PUBLIC EXAM PERIOD (E.C. § 9295) There will be a 10 day exam period from August 19 thru August 28. LAST DAY TO FILE ARGUMENTS (E.C. §§9282, 9283, 9286) Suggested last date to file arguments with the City Clerk regarding any Proponents/ measure to be on the ballot. Arguments shall not exceed 300 words and August 18 shall be accompanied by a Statement of Authors form. No more than five Opponents/ �78� City Clerk authors may sign the statement. City Clerk to forward a file copy of the arguments to the Registrar of Voters. � PUBLIC EXAM PERIOD (E.C. § 9295) There will be a 10 day exam period from August 19 thru August 28. Page 5 GENERAL MUNICIPAL ELECTION NOVEMBER 4, 2014 (E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.) DATE PERSON DESCRIPTION RESPONSIBLE INSUFFICIENT NOM/NEES—ACTION BY GOVERN/NG BODY(E.C. § 10229) If by the 75th day before the municipal election, no person has been August 21 appointed to office pursuant to E.C. § 10229, the election will be held. �75� City Council Notwithstanding Chapter 1 (commencing with Section 8600) of Division 8 or any other provision of the law to the contrary, if the governing body of the city makes an appointment pursuant to E.C. § 10229, the City Clerk shall not accept for filing any statement of write-in candidacy, which is submitted after appointment. LAST DAY TO FILE REBUTTALS TO ARGUMENTS (E.C. §9285) Suggested last date for authors of primary arguments to file rebuttals to Proponents/ arguments with the City Clerk. Rebuttals are limited to 250 words. August 28 Opponents I �68� City Clerk NOTE: Rebuttals only apply when the legislative body has adopted provisions pursuant to E.C. § 9285 '� PUBLIC EXAM PERIOD (E.C. §9295) There will be a 10 day exam period from August 29 thru September 7. Registrar of �BOR DAY(CO. ORD. 358.8) Sept. 1 Voters The Registrar of Voters office will be closed. FIRST DAY NOM/NATION PAPERS FOR WRITE-lN CANDIDACY WILL BE AVAILABLE(E.C. § 8600 et seq.) Sept. 8 Candidates/ Any qualifying person wishing to file as a write-in candidate may pick up (57) City Clerk nomination papers beginning on this date. Papers must be filed with the City Clerk no later than 14 days prior to election day. Write-in candidates must also file Statement of Economic Interest and campaign disclosure statements. Sept. 9 Registrar of ORDER PRINTING OF ELECTION MATER/AL (E.C. §§ 9295, 13313) (56) Voters Suggested date to prepare copy for printer and order ballots. SATELLITE LOCATION PRESS RELEASE(E.C. § 3018) Notice of satellite locations shall be made by the elections official by the issuance of a general news release, issued not later than 14 days prior to voting at the satellite location, except that in a county with a declared Sept. 22 Registrar of emergency or disaster, notice shall be made not later than 48 hours prior to (43) Voters voting at the satellite location. The news release shall set forth the following information: � The satellite location or locations. � The dates and hours the satellite location or locations will be open. � A telephone number that voters may use to obtain information regarding vote-by-mail ballots and the satellite locations. Page 6 GENERAL MUNICIPAL ELECTION NOVEMBER 4, 2014 (E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.) DATE PERSON DESCRIPTION RESPONSIBLE MAlL SAMPLE BALLOTS AND OTHER ELECTION MATER/ALS TO Sept. 25— Registrar of VOTERS (E.C. §§9223, 9280 et seq., 13303, 13307; G.C. §57148) Oct. 25 Voters (40— 10) Between these dates the Registrar of Voters shall mail a sample ballot to each voter, who is registered at least 29 days prior to the election. FILING PERIOD FOR FIRST PRE-ELECTION CAMPAIGN DISCLOSURE Candidates/ STATEMENT(G.C. §§84200.5, 84200.7) Oct. 1 — Committees/ Oct. 5 City Clerk Filing period for 1St pre-election campaign statement covers transactions through September 30. Statements must be sent by personal delivery or first class mail. MAILED BALLOT PRECINCTS (E.C. §§3005, 3090, 3017, 3098, 3020) Oct. 6 Registrar of Approximate date to mail notices to voters in mailed ballot precincts, send (29) Voters official ballot and election material. Mail ballot precincts have less than 250 voters. PRECINCTS, POLLING PLACES & ELECTION OFFICERS (E.C. §§ 12280 et seq., 12300 et seq.) Oct. 6 Registrar of (29) Voters Last day for Registrar of Voters to establish polling places and appoint election officers for this election. Immediately following appointment, the Registrar shall mail appointment notices to election officers. PUBLISH POLUNG PLACES & CENTRAL COUNTING PLACE(E.C. §§ Oct. 6 — Registrar of �2�05, 92109) Oct. 25 Voters (29 — 10) Suggested date to publish polling places. The notice will include the hours that the polls will be open and a Notice of Central Counting Place. Oct. 6 — VOTE-BY-MAIL BALLOTAPPLICATIONS (E.C. §§3001, 3006, 3021, 3200) Oct. 28 Registrar of �29 _ �� Voters Applications for Vote-by-Mail ballots may be made in person or by mail during this time frame. Registrar of COLUMBUS DAY(CO. ORD. 358.8) Oct. 13 Voters The Registrar of Voters office will be closed. FILING PERIOD FOR SECOND PRE-ELECTION CAMPA/GN D/SCLOSURE Oct. 19— Candidates / STATEMENT(G.C. �§84200.5, 84200.7) Oct. 23 Committees/ (16 — 12) City Clerk Filing period for 2"d pre-election campaign statement covers transactions through October 18. Statements must be sent by personal delivery or guaranteed overnight service. Oct. 20 Registrar of CLOSE OF REGISTRATION(E.C. §§2106, 2907) (15) Voters Last day to register or transfer registration for this election. Page 7 GENERAL MUNICIPAL ELECTION NOVEMBER 4, 2014 (E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.) DATE PERSON DESCRIPTION RESPONSIBLE COLLECTION CENTERS PUBLIC NOTICE(E.C. § 15260) Oct. 20 Registrar of �n establishing a collection center, the elections official may designate a (15) Voters group of precincts which the center shall serve and this designation shall be available for public inspection no later than 15 days before the election. VOTE-BY-MAIL PROCESSING PUBLIC NOTICE(E.C. § 15104) Oct. 20 Registrar of The elections official shall notify vote-by-mail voter observers and the public (15) Voters at least 48 hours in advance of the dates, times, and places where vote-by- mail ballots will be processed and counted. FILE DECLARATION OF WR/TE-lN CANDIDACY(E.C. §§8600 et seq., Oct. 21 Candidates /City �5340 et seq.) (14) Clerk Last day for write-in candidates to submit their write-in nomination papers including petitions to the City Clerk. POST ELECTION OFFICERS & POLLING PLACES (E.C. § 12105.5) Oct. 21 — Not less than one week before the election, the elections official shall post a Registrar of Oct. 28 Voters �ist of all current polling places and a list of election officers appointed by the (14— 7) 15`h day before the election. The elections official shall post this list in his or her office and on his or her Web site. The list shall remain posted for 30 days after completion of the canvass. PROCESS BALLOTS (E.C. § 15101 et. seq.) Oct. 24 Registrar of When ballots are to be counted by computer, the Registrar of Voters may Voters begin processing ballots 7 business days prior to the election. No count may be made until after the polls close on election day. LIST OF VOTERS AND POLLING PLACE lNFORMATION Oct. 27 Registrar of (8) Voters Approximate date that Registrar of Voters will provide list of voters to City Clerk with polling place information. LOG/C AND ACCURACY TEST/NG (E.C. § 15000) Oct. 28 Registrar of No later than seven days prior to any election, the elections official shall (7) Voters conduct a test or series of tests to ensure that every device used to tabulate ballots accurately records each vote. MANUAL TALLY PUBLIC NOTICE(E.C. § 15360) Oct. 31 Registrar of The manual tally shall be a public process, with the official conducting the (4) Voters election providing at least a five day public notice of the time and place of the manual tally and of the time and place of the selection of the precincts to be tallied prior to conducting the tally and selection. Page 8 GENERAL MUNICIPAL ELECTION NOVEMBER 4, 2014 (E.C. §§ 1301, 9200 et seq., 10002, 10100 et seq.) DATE PERSON DESCRIPTION RESPONSIBLE � ELECTION DAY Nov. 4 ,/QTE The polls will be open from 7:00 a.m. and will close at 8:00 p.m. Vote-by-Mail � ballots may be turned in, before the polls close, at any polling place in the jurisdiction. Nov. 6 Registrar of CANVASS ELECTION RETURNS (E.C. §§ 90260 et seq., 15301 et seq.) (+2) Voters Registrar of Voters shall commence the official canvass on this day. ONE PERCENT MANUAL TALLY(E.C. § 15360) Nov. 7— Registrar of Dec. 2 Voters During the Official Canvass the Elections Official shall conduct a public +(3 —28) manual tally in 1 percent of the precincts chosen at random by the elections official Registrar of VETERANS DAY(CO. ORD. 358.8) Nov. 11 Voters The Registrar of Voters office will be closed. Nov. 27— Registrar of THANKSGIVING DAY/DAYAFTER THANKSGIV/NG (CO. ORD. 358.8) Nov. 28 Voters The Registrar of Voters Office will be closed. STATEMENT OF RESULTS (E.C. §§ 10262, 10263, 15372) No later than this date, the Registrar of Voters will certify the election results. Dec. 2 City Clerk/ DECLARE CAND/DATES ELECTED �+28� City Council / Candidates The governing body shall meet at its usua!place of ineeting no later than the next regularly scheduled city council meeting following presentation of the canvass of the refurns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers. POST ELECTION OFFICERS & POLLING PLACES (E.C. § 12105.5) Dec. 2 Registrar of Not later than 28 days after the election, the elections official shall post an (+28) Voters updated list of polling places and election officers thaf actually served on election day. The elections officia!shall post this list in his or her office and on his or her Web site. The list shall remain posted for 34 days after completion of the canvass. Dec. 4 Registrar of COST OF ELECTION (+30) Voters Approximate date to send invoice to jurisdiction for cost of election. FILING PERIOD FOR SEMI-ANNUAL CAMPAIGN D/SCLOSURE Jan. 1 — Candidates / STATEMENT(G.C. § 84200) Jan. 31 Committees/ City Clerk Statement covers transactions through December 31. Statements must be sent by personal delivery or first class mail. Note: Whenever a date prescribed by law fa//s on a weekend or holiday, such act may be performed on the next business da E.C. 15; G.C. 6700, 6709 Klassen, Rachelle From: Roland Alden [ralden@ralden.com] Sent: Tuesday, April 08, 2014 10:57 AM To: Klassen, Rachelle Subject: Resolution 2014-26 Thank you for the copy of Resolution 2014-26. One thing I do not understand about the resolution is that the text in SECTION 1 states "...the City Council authorizes ALL members of its body to file a written statement in Favor of the City Measure..." It goes on to say this should be done in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of California. That code says: "For measures placed on the ballot by the legislative body, the legislative body, or any member or members of the legislative body authorized by that body, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against any city measure." (my emphasis) The language in SECTION 1 indicates Council Members are authorized to file a written argument only if it is in favor of the measure; suggesting there is some authority with the right to constrain what Councilmembers are free to do in this specific matter of political speech, when in fact no such authority lies with the City and the California Elections Code clearly states authorized members of the legislative body may file an argument for or against a measure. As it stands this language can and may have the practical effect of suppressing dissent in an important matter of public policy. I believe Resolution 2014-26 needs to be revised before it is put before the Council. I believe there are two choices. Councilmembers could be authorized to file a written statement without constraint upon their views; or Councilmembers are not authorized to file a statement at all. In that case the ballot will presumably carry only the opinions of ordinary citizens or groups. Personally I have no preference either way. OC:11 NV 8- (dV tt9Z Y3'183SM Ni"Vd 331140 S.)18313 A110 ©3A1333l 1