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HomeMy WebLinkAbout09. General Municipal Election 11-02-10 AGENDA MEMO DATE: June 8, 2010 TO: Mayor and Members of the City Council FROM: Kathleen L. Midstokke, City Clerk SUBJECT:GENERAL MUNICIPAL ELECTION – NOVEMBER 2, 2010 RECOMMENDATION: That the City Council adopt the following Resolutions: A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF DOWNEY; B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF DOWNEY GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE, PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE; C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010. DISCUSSION: The above Resolutions comply with the Downey Charter requirement to hold a General Municipal Election in November of even-numbered years consolidated with the Statewide General Election on the same date. The offices to be filled for this election are the Council Members from Districts Two July 12 – August 6 and Four, for full terms of four years. The nomination period will be from . The Resolution adopting the regulations for candidates has been prepared consistent with the past policies of the City including: Candidate Statement of no more than 200 words; Advance deposit for the estimated cost of printing the Candidate Statement; Translation costs for the Candidate Statement into Spanish will be borne by the City. FISCAL IMPACT: Based upon the County’s estimate, $100,000 has been recommended in the preliminary budget to cover the costs of this election. CITY OF DOWNEY, CALIFORNIA RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF DOWNEY. WHEREAS , under the provisions of the City of Downey Charter Section 1300, a General Municipal Election shall be held on the 2nd day of November, 2010, for the election of two members of the City Council for full terms of four years. One member shall be elected from and by the voters of District Two and one member from and by the voters of District Four. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1 . That pursuant to the requirements of the Charter of the City of Downey, there is called and ordered to be held in the City of Downey, California, on Tuesday, the 2nd day of November 2010, a General Municipal Election for the purpose of electing two members of the City Council for full terms of four years. One member shall be elected from and by the voters of District Two, and one member from and by the voters of District Four. SECTION 2 . That the ballots to be used at the election shall be in form and content as required by law. SECTION 3 . That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4 . That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code Section 10242, except as provided in Section 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. SECTION 7 . That the City Clerk shall certify to the passage and adoption of this Resolution. 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 property submitted bill. RESOLUTION NO. 10- PAGE TWO APPROVED AND ADOPTED this 8th day of June, 2010. ____________________________ ANNE M. BAYER, Mayor ATTEST: ________________________ KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 8th day of June, 2010, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: ____________________ KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF DOWNEY GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE, PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE. WHEREAS , City of Downey Charter Section 1300 directs that General Municipal Elections for the election of officers of the City shall be held in the City on the same date and at the same time as the Statewide General Election; and WHEREAS , the City Council of the City of Downey called a General Municipal Election to be held on November 2, 2010, for the purpose of the election of two Members of the City Council for full terms of four years. One member shall be elected from and by the voters of District Two and one member from and by the voters of District Four. 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 Registrar of Voters of the County of Los Angeles 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 DOWNEY DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1 .That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, the 2nd day of November, 2010, for the election of two members of the City Council for full terms of four years. One member shall be elected from and by the voters of District Two and one member from and by the voters of District Four. SECTION 2 . That the Registrar of Voters of the County of Los Angeles is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3 . That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 4 . That the City of Downey recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5 . That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of Los Angeles. SECTION 6 . That the City Clerk shall certify to the passage and adoption of this Resolution. RESOLUTION NO. 10- PAGE TWO APPROVED AND ADOPTED this 8th day of June, 2010. ________________________ ANNE M. BAYER, Mayor ATTEST: ________________________ KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 8th day of June, 2010, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: ________________________ KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010. WHEREAS , Section 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 candidates statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1GENERAL PROVISIONS .. That pursuant to Section 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 Downey on November 2, 2010, may prepare a candidates 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 candidates 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 candidates nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:30 p.m. of the next working day after the close of the nomination period. SECTION 2CITY OF DOWNEY CHARTER PROVISION .. Pursuant to Section 1307 of the Downey City Charter, any candidate for an elective City office may prepare a statement of qualifications in accordance with the restrictions set forth by State law and subject to the following additional restriction: A statement of qualifications shall be limited to a recitation of the candidates own personal background and qualifications and shall not in any way make reference to other candidates or to other candidates qualifications, character or activities. The City Clerk shall not cause to be printed or circulated any candidates statement of qualifications which the City Clerk determines is not so limited or which includes any such references. SECTION 3FOREIGN LANGUAGE POLICY .. A. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Los Angeles. The County is required to translate candidate’s statements into the following languages: Chinese, Japanese, Korean, Spanish, Tagalog and Vietnamese. B. The County will print and mail separate sample ballot pamphlets and candidates statements in Chinese, Japanese, Korean, Spanish, Tagalog and Vietnamese 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 the polling places, on the County’s website, and in the Election Official’s office. RESOLUTION NO. 10- PAGE TWO SECTION 4PAYMENT .. A. Translations: 1. The candidate shall not be required to pay for the cost of translating the candidates statement into any required foreign language as specified above pursuant to Federal and/or State law. 2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required above, pursuant to Federal and/or State law, but is requested as an option by the candidate. B. Printing: 1. The candidate shall be required to pay for the cost of printing the candidates statement in the English language in the main voters pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate’s statement in the Spanish language in the main voters pamphlet, if requested. The City Clerk shall estimate the total cost of printing, handling 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 Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 5MISCELLANEOUS. . A. All translations shall be provided by professionally-certified translators. B. The City Clerk shall allow/disallow bold type, underlining, capitalization, leading hypens, to the same extent as allowed by the County of Los Angeles. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State and the County of Los Angeles regarding occupational designations and other matters relating to elections. SECTION 6ADDITIONAL MATERIALS .. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 7NOTICE OF REGULATIONS .. 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. RESOLUTION NO. 10- PAGE THREE SECTION 8REPEAL OF PRIOR RESOLUTIONS .. That all previous Resolutions establishing Council policy on payment for candidates statements are repealed. SECTION 9APPLICABILITY .. That this Resolution shall apply only to the General Municipal Election to be held on November 2, 2010, and shall then be repealed. SECTION 9CERTIFICATION .. That the City Clerk shall certify to the passage and adoption of this Resolution. APPROVED AND ADOPTED this 8th day of June, 2010. ________________________ ANNE M. BAYER, Mayor ATTEST: ________________________________ KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 8th day of June, 2010, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: _________________________ KATHLEEN L. MIDSTOKKE, City Clerk