Attachment C
8/20/2020 City Council Staff Report and Minutes
CITY COUNCIL STAFF REPORT
DATE: AUGUST 20, 2020 DISCUSSION ITEM
SUBJECT: CONSIDERATION OF APPOINTING LISA MIDDLETON TO THE OFFICE OF CITY COUNCIL, DISTRICT 5, AND CANCELLING THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2020, FOR DISTRICT 5
FROM: David H. Ready, City Manager
BY: Anthony J. Mejia, City Clerk
RECOMMENDATION:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE APPOINTMENT OF LISA MIDDLETON TO THE OFFICE OF CITY COUNCIL, DISTRICT 5, THAT WAS TO BE ELECTED ON NOVEMBER 3, 2020 AND CANCELING THE ELECTION FOR DISTRICT 5, IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTION 10229."
OR
Direct the City Clerk to proceed with holding the election for City Council, District 5.
BACKGROUND:
On June 25, 2020, the City Council adopted Resolution No. 24769 calling a General Municipal Election to be held on November 3, 2020, for the Office of City Council, Districts 4 and 5. The nomination period opened on July 6, 2020, and closed on August 7, 2020, at 6:00 p.m. During the nomination period, only one resident was officially nominated from District 5, by meeting the requirement of the nomination papers signed by at least 80 registered voters. The qualified candidate for this office is Lisa Middleton.
Under California's Elections Code, if only one person is nominated to be elected from a particular district, the City Clerk is required to inform the City Council of this fact. (Elec.
Code, § 10229(a).) State law further provides that the City Council, after being informed that only one person has been nominated to be elected from a particular district, may take one of the following actions:
• Cancel the election for that particular district and appoint the person who has been nominated to the office; or
• Hold the election. (Elec. Code,§ 10229(a).)
In the event the City Council chooses the first action, the election to fill the Council seat i ITEM NO. ___ _ City Council Staff Report
August 2020 --Page 2
General Municipal Election, November 3, 2020
for District 4 will still go forward. Only the election to fill the District 5 seat would be cancelled. And, those voters within District 5, as well as voters throughout the City, would still vote on other federal, state and county candidates and ballot measures.
On August 7, 2020, pursuant to California Elections Code Section 10229, a "Certification That There Are No More Candidates Than Offices To Be Elected" was forwarded to the members of the City Council by the City Clerk. As required by the above-referenced Elections Code, a notice of these facts was posted on August 7, 2020, and published in the Desert Sun, a newspaper of general circulation on August 12, 2020.
Therefore, the City Council may either appoint the nominated candidate and cancel the election for District 5 or direct that the election be held for District 5. If the election is not canceled, the Office of the City Clerk will accept write-in candidates for District 5 during the period of September 7 through October 20, 2020.
If no appointment is made by the City Council by August 20, 2020, the election for District 5 will automatically proceed as scheduled.
Since this is the first time that the City Council has considered the possible cancellation of an election and appointment, it may be useful to know what other local agencies are doing. According to the Riverside County Registrar's office, two other cities in Riverside County, Indio and Wildomar, are currently faced with a situation where there is only one candidate for certain elective offices. In Indio, there is only one candidate for each of the elective offices of City Clerk and Treasurer. The Indio City Council is scheduled to consider cancelling the election for those offices on August 19, 2020. The City of Wildomar will also be conducting a special meeting on August 19, 2020 to consider cancelling the election for a Council seat. For other local agencies, such as school districts, healthcare districts and community college districts, State law does not give the local governing body the option to cancel the election, but instead the election is cancelled automatically by the County.
If the City Council chooses to appoint the Lisa Middleton and cancel the election for District 5, the City Clerk will present Lisa Middleton with a "Certificate of Appointment in Lieu of Election" and swear her into office; with her official terms beginning December 10, 2020.
2 City Council Staff Report
August 2020 --Page 3
General Municipal Election, November 3, 2020
FISCAL IMPACT:
The Riverside County Registrar of Voters (ROV) has provided an estimate of $18,000- $28,000 for the cost of conducting the election for District 5. The low end of the range is based on two candidates appearing on the ballot and incrementally increases with each additional candidate. Given that only one candidate would appear on the ballot for District 5, staff estimates the cost of the District 5 election would be approximately $15,000. In addition, the ROV's estimates typically run high. For instance, the 2019 General Municipal Election was estimated to cost up to $100,000. However, the final cJf: of the election was $55,391.
y~4..oti
~..:?--~-.?
_A_n_t-ho_n_y_J ___ M_e_j-ia-, _M_M_C______ David H. Ready:Es~ City Clerk City Manager
Attachment:
Jeffrey S. Ballinger
City Attorney
1. Certification: "Not More Candidates than Offices to be Elected"
2. Resolution
3 CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
To: Honorable Mayor Kors and City Council.
CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
I, Anthony J. Mejia, City Clerk of Palm Springs, do hereby certify to the following facts relating to the General Municipal Election to be held on Tuesday, November 3, 2020, pursuant to California Elections Code § 10229:
As of the close of the nomination period on August 7, 2020, there are not more candidates than offices to be elected for District 5.
The person nominated for the Office of City Council, District 5, is:
Lisa Middleton
That Elections· Code § 10229 allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter, if no one has been nominated.
3. Hold the election, if either no one or only one person has been nominated.
A notice of these facts will be published on August 12, 2020, in the Desert Sun Newspaper, a newspaper of general circulation pursuant to §6061 of the California Government Code. After the fifth day following the date of posting or publication, whichever is applicable, the City Council may meet to either make the appointment(s) or direct an election to be held. The person(s) appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If by the 75th day before the municipal election, no person has been appointed to the office pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to Elections Code § 10229 the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
Date: August 7, 2020
Cc: David H. Ready, City Manager
Jeffrey Ballinger, City Attorney
4 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE
APPOINTMENT OF LISA MIDDLETON TO THE OFFICE OF
CITY COUNCIL, DISTRICT 5, THAT WAS TO BE ELECTED
ON NOVEMBER 3, 2020; AND CANCELING THE ELECTION
FOR DISTRICT 5, IN ACCORDANCE WITH CALIFORNIA
ELECTIONS CODE SECTION 10229
WHEREAS, on June 25, 2020, the City Council of the City of Palm Springs called a General Municipal Election to be held in the City on November, 3, 2020, for the purpose of electing members to the Office of City Council, Districts 4 and 5, to terms of four years; and WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 7, 2020, there are not more candidates than offices to be elected for District 5 and that Section 10229 of the Elections Code allows one of the following applicable courses of action to be taken by the City Council:
1. Appoint to the office that person who has been nominated.
2. Hold the election if either no one or only one person has been nominated.
WHEREAS, a "NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED" was published on August 12, 2020, in the Desert Sun, a newspaper of general circulation pursuant to law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 10229 of the Elections Code of the State of California, the following person is being appointed to the Office of City Council, District 5, to which she was nominated:
a) Lisa Middleton is appointed to the Office of City Council, District 5, for a term of four years.
SECTION 2. The General Municipal Election scheduled to be held on November 3, 2020, to elect a member to the Office of City Council, District 5, is now canceled. The General Municipal Election shall still be held to elect a member to the Office of City Council, District 4.
SECTION 3. The City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made for the Office of City Council, District 5.
SECTION 4. The person appointed shall qualify and take office and serve exactly as if elected at a general municipal election for the office. 5 Resolution No.
ADOPTED this_ day of __ , 2020.
ATTEST:
Anthony J. Mejia, MMC
City Clerk
David H. Ready, City Manager
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. __ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _________ _ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony J. Mejia, MMC
City Clerk
6 Thursday, August 20, 2020
Minutes of the Special Meeting of the City Council
of the City of Palm Springs
Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location.
CALL TO ORDER:
A Special Meeting of the Palm Springs City Council was called to order by Mayor Kors on Thursday, August 20, 2020, at 4:00 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Kors led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Grace Elena Garner, Lisa Middleton, Dennis Woods; Mayor Pro Tem Christy Holstege; and Mayor Geoff Kors
Absent: None.
City Staff
Present: David H. Ready, City Manager; Jeffrey Ballinger, City Attorney; Marcus Fuller, Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS:
Emergency Management Coordinator DeSelms presented an update on COVID-19 case data for the City, County, and Coachella Valley region and responded to City Council inquiries.
Denise Goolsby, Neighborhoods Manager, presented an update on response rates to the U.S.
Census.
PUBLIC TESTIMONY:
None.
City Council Minutes August 20, 2020
City of Palm Springs Page 2
NEW BUSINESS:
1. CONSIDERATION OF APPOINTING LISA MIDDLETON TO THE OFFICE OF CITY COUNCIL, DISTRICT 5, AND CANCELING THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2020, FOR DISTRICT 5
Councilmember Middleton announced that she will abstain from voting on this matter, as it relates to the election in her District.
City Clerk Mejia presented the staff report and responded to City Council inquiries.
Following discussion, MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM HOLSTEGE , CARRIED 4-0 (WITH COUNCILMEMBER MIDDLETON ABSTAINING) , to d irect the City Clerk to proceed with conducting the election for City Council, District 5.
2. EXPANSION OF OUTDOOR DINING ON PALM C ANYON DRIVE AND OTHER
PUBLIC STREETS TO FACILITATE ECONOMIC RECOVERY IN RESPONSE TO THE LOCAL EMERGENCY RELATED TO THE NOVEL CORONAVIRUS (COVID-19)
Director of Planning Services Fagg narrated a PowerPoint presentation. In response to City Council inquiry, Director Fagg advised that it would be easy to extend the rental period of concrete barriers on a month -to-month basis, if needed ; opined that water barriers are less desirable than concrete barriers due to maintenance issues; stated that the concrete barriers can be decorated and/or painted; expressed concern that parklets may not provide adequate protection to patrons if Palm Canyon Drive is only partially closed.
In response to City Council inquiry, Deputy Fire Chief Loya summarized the emergency access locations for a partial and full street closure.
Mayor Kors summarized comments heard during stakeholder meetings, noting that concerns were expressed that restaurants and businesses north of the proposed closure may not benefit from these actions; pointed out that during the summer months there have been issues with crowded sidewalks and that a full street closure may help elevate overcrowding ; noted that staff should outreach to other business districts in the City that may desire a similar program.
In response to City Council inquiry, City Manager Ready advised that outreach has been primarily focused on businesses; stated that the Historic Tennis Club Neighborhood is most likely to be impacted by the street closure, noting that their con cerns have typically revolved around maintaining vehicular access along Belardo and Baristo, which will not be impacted by the proposed street closure.
Councilmember Woods provided his liaison report, noting that Main Street suggested that a full street closure may be desirable and that the Arenas businesses have expressed a desire for a street closure; noted that design guidelines will need to be developed by staff.
City Council Minutes August 20, 2020
City of Palm Springs Page 3
Councilmember Middleton expressed a desire to move forward with a 6-month pilot program for the full street closure of Palm Canyon Drive from Tahquitz Canyon Way to Baristo Road, noting that access for public safety vehicles must be maintained ; voiced support for weekend street closures on Arenas Road.
Councilmember Garner voiced support for a 4-6-month pilot program , noting that many patrons may prefer outdoor dining, even if the State allows indoor dining; recommended that the concrete barriers be painted in a consistent color or theme.
Mayor Kors noted that most area businesses support a full closure of Palm Canyon Drive and voiced his support for the pilot program; noted that the City Council may desire to extend the road closure to Alejo Road, if successful.
Mayor Pro Tem Holstege voiced support for the full closure of Palm Canyon Drive and Arenas Road, noting the success of the Pride Festival; noted that staff should closely monitor the program and return to City Council for consideration of expanding the program area.
In response to City Council inquiry, Director Fagg noted that a smaller pilot program area will allow staff to assess the impacts to trash collection, street cleaning maintenance, food delivery, and directing traffic; recommended that staff continue to work with Main Street to establ ish design and operating standards for retail businesses; advised that staff could place the concrete barriers within two weeks.
The City Council agreed to: 1) move forward with a full closure of Palm Canyon Drive from Tahquitz Canyon Way to Baristo Road and to stand ready to adjust to a partial closure or further expansion, if warranted; 2) direct staff to work with the Arenas businesses to determine if they desire a street closure and their preferred options; 3) allow businesses that obtain the necessary permit and invest in building a parklet to retain it for at least a one year period; and 4) allow restaurants to expand in front of another business if they are notified and do not object.
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS:
Mayor Kors reported on the status of the County’s permanent supportive housing project proposed for Palm Springs, noting that the County is working on a public outreach plan.
Mayor Pro Tem Holstege reported on the “PS Keeping You Safe” campaign to raise public awareness about COVID-19 safety precautions.
ADJOURNMENT:
The City Council adjourned at 6:05 p.m.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 09/24/2020