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HomeMy WebLinkAbout2010-06-08 CC Item No. 6AMMIL CITY Of AT LADE LSMO E DREAM EXTREME REPORT TO CITY COUNCIL TO: FROM: DATE: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY CITY MANAGER JUNE 8, 2010 SUBJECT: CONSIDERATION OF ADOPTING RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2010 Discussion The General Municipal Election will be held on November 2, 2010. Prior to the holding of an election, the City must adopt three resolutions in relation thereto. The first is a resolution calling and giving notice of holding an election. Next, the City Council is requesting the Riverside County Board of Supervisors to direct the County Elections Department to render services; and the last Resolution is a resolution adopting regulations for the candidate's statements. Background The election will be conducted on November 2, 2010 for the purpose of electing two members of the City Council for four-year terms. The resolutions presented for adoption are required as part of the General Municipal Election process. Significant dates for the General Municipal Election are as follows: • July 12, 2010 - Filing period opens for nomination papers • August 6, 2010 - Last day to file nomination papers • August 11, 2010 - Last day to file nomination papers should an incumbent not file • August 12, 2010 - Secretary of State to determine Order of Names on Ballot • August 16 - 19, 2010 - Candidates Orientation Workshop (to be determined) AGENDA ITEM NO.6 Page 1 of 14 Agenda Report for Municipal Election For Meeting of June 8, 2010 Page 2 • October 4, 2010 - Voters may request vote by mail ballots with regular application • October 18, 2010 - Last day to register to vote for this election • October 26, 2010 - Last day to request a vote by mail ballot • November 2, 2010 - ELECTION DAY! Resolution No. 2010-024 pertaining to "Calling and Giving Notice" must be submitted to the County no later than 127 days prior to the election (June 28, 2010). This resolution is to elect two City Council members. Resolution No. 2010-025 requests the Board of Supervisors to permit the County Elections Department to take any and all steps necessary for the holding of the election. The services to be provided by the County Registrar of Voters include, but are not limited to the appointment of all required election officers and establishment of polling places; publishing the notice of appointment of election officers, preparing and mailing the official and sample ballots including candidates' statements, process vote by mail ballots; supply all needed materials for polling places; conduct the election canvass the election returns and certify the results; and in the event of a tie vote between two or more persons receiving an equal and the highest number of votes for the offices to be voted for, to determine the tie by lot. Resolution No. 2010-026 adopts regulations for candidates pertaining to candidates' statements submitted to the voters. The regulations limit the candidate's statement to 200 words describing the candidate's education and qualifications expressed by the candidate. The statement shall not include party affiliation nor membership or activity in partisan political organizations. The candidates will be required to pay a deposit of $500 at the time of filing his/her nomination paper in order to have the statement included in the voters' pamphlet. The candidate will be billed for any cost in excess of the deposit and will receive a refund of any unused portion of the deposit. Fiscal Impact The County has provided an estimate of the cost of this election will be approximately $31,000 - $36,000. Funds are included in the 2010-11 Fiscal Year Budget to cover the costs of the election Page 2 of 14 Agenda Report for Municipal Election For Meeting of June 8, 2010 Page 3 Recommendation: It is recommended the City Council adopt: (1) Resolution No. 2010-024 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 2, 2010, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities and requesting the Registrar of Voters of the County of Riverside to conduct said election; (2) Resolution No. 2010-025 requesting the Board of Supervisors of the County of Riverside to render services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 2, 2010; and (3) Resolution No. 2010-026 Adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at an election to be held on November 2, 2010. Prepared by: Carol Cowley Interim City CI Approved by: Robert A. Bradya(' City Manager ~Wb Attachments: Proposed Resolutions Page 3 of 14 Page 4 of 14 RESOLUTION NO. 2010-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF RIVERSIDE TO CONDUCT SAID ELECTION WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on November 2, 2010, for the election of Municipal Officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities within the State, there is called ordered held in the City of Lake Elsinore, California, on Tuesday, November 2, 2010, a General Municipal Election of the qualified electors of the City for the purpose of electing two (2) members of the City Council for full terms of four years. The two (2) incumbent members of the City Council of the City are Thomas Buckley, and Daryl Hickman. Section 2. That pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council hereby requests the Registrar of Voters of the County of Riverside to conduct the General Municipal Election for the City of Lake Elsinore. Section 3. That the ballots to be used at the Election shall be, in form and content, such as may be required by law to be used in the Election. Section 4. That the City Clerk is hereby 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 5. That the polls for the Election shall be open at seven o'clock a.m. on the day of the Election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Page 5 of 14 Resolution No. 2010-024 Page 2 of 3 Section 6. That in all particulars not recited in this Resolution, the Election shall be held and conducted as provided by law for holding municipal elections in the City. Section 7. That notice of the time and place of holding the Election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the Election, in time, form and manner as required by law. Section 8. That the City Council of the said City desires the canvass of said Election to be made by the Riverside County Registrar of Voters. Section 9. That the Riverside County Registrar of Voters shall, on the 4th day of November 2008, commence the canvass of the General Municipal Election to be held in said City on the 2nd day of November 2010, and shall certify the results to this City Council. Section 10. That said City shall reimburse the County of Riverside, Registrar of Voters for the cost of services performed relative to the conduct of the General Municipal Election, after completion of all work and upon presentation to the City of a properly detailed bill. Section 11. That the City Clerk is hereby directed to forward a certified copy of this Resolution to said Riverside County Registrar of Voters. Section 12. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions of the City of Lake Elsinore. PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 8th day of November 2010. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK Page 6 of 14 Resolution No. 2010-024 Page 3 of 3 APPROVED AS TO FORM: BARBARA ZEID LEIBOLD, CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010-024 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 8th day of June 2010, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAROL COWLEY CITY CLERK CITY OF LAKE ELSINORE Page 7 of 14 Page 8 of 14 RESOLUTION NO. 2010-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIC SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 WHEREAS, a General Municipal Election is to be held in the City of Lake Elsinore, California, on November 2, 2010; and WHEREAS, in the course of conduct of the election, it is necessary for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Lake Elsinore. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the provision of Section 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County to permit the County Elections Department to take any and all steps necessary for the holding of the election Section 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. 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. Page 9 of 14 Resolution No. 2010-025 Page 2 of 2 PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 8th day of June 2010. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: BARBARA ZEID LEIBOLD, CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )Ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010-025 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 8th day of June 2010, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAROL COWLEY CITY CLERK Page 10 of 14 RESOLUTION NO. 2010-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON NOVEMER 2, 2010 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 LAKE ELSINORE, 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 Lake Elsinore on November 2, 2010, 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. 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 of filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 2. The City Clerk shall require each candidate filing a statement to pay a deposit of three hundred and fifty dollars ($500), in advance as a condition of having his or her statement included in the voters' pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. Section 3. The City Clerks shall provide each candidate or the candidate's representative a copy of this Resolution at the time nomination petitions are issued. 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 candidate's statements into the following languages: Spanish. Page 11 of 14 Resolution No. 2010-026 Page 2 of 4 B. The County will print and mail sample ballots and candidates' statements to all voters in English and Spanish. 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 office of the City Clerk for the City of Lake Elsinore. Section 3. PAYMENT. A. Translations. 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State law. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 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 candidate's statement in English in the main voter's 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 voters' pamphlet. 3. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voters' pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's 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 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 and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expenses 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 Page 12 of 14 Resolution No. 2010-026 Page 3 of 4 candidates and refund the excess amount paid within 30 days of the election. Section 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. Section 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nominating petitions are issued. Section 6. That all previous resolutions establishing Council policy on payment for candidates' statements are repealed. Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 8th day of June 2010. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: BARBARA ZEID LEIBOLD, CITY ATTORNEY CITY OF LAKE ELSINORE Page 13 of 14 Resolution No. 2010-026 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010-026 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 8th day of June 2010, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAROL COWLEY CITY CLERK Page 14 of 14