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HomeMy Public PortalAbout7D Resolutions Relating to 2011 General Municipal ElectionTem le AGENDA --or M �� M Q R A 1\ D U MTEM 7.D. ity Staff Report TO: THE HONORABLE CITY COUNCIL DATE: OCTOBER 19, 2010 FROM: JOSE E. PULIDO, CITY MANAGE BY: MARY FLANDRICK, CITY CLERK SUBJECT: ADOPTION OF RESOLUTION NOS. 10-4700, 10-4701, and 10-4702 RELATING TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION OF MARCH 8, 2011 SUMMARY The City Council is requested to adopt certain resolutions required for the conduct of the upcoming General Municipal Election to be held on Tuesday, March 8, 2011 for the election of three members of the City Council. BACKGROUND Pursuant to Section 501 of the City Charter of the City of Temple City, the General Municipal Election will be held on Tuesday, March 8, 2011 and according to the provisions of the Elections Code, adoption of certain resolutions is required as follows: Resolution No. 10-4700 calls the election, authorizes the City Clerk to proceed with the necessary arrangements and sets the time for the polls to open and close; Resolution No. 10-4701 requests the Board of Supervisors to render specified services to the city relating to the conduct of the elections; and Resolution No. 10-4702 adopts the regulations for candidates pertaining to the statement of qualifications submitted to the voters. Per State Elections Code Sections 10223-10224, the nomination process will begin on November 15, 2010, with the last day to file nomination papers being December 10, 2010. If an incumbent fails to file nomination papers by December 10th, the nomination period is automatically extended to the deadline of December 15, 2010. FISCAL IMPACT Estimated election costs have been budgeted in the current budget. City Council October 19, 2010 Page 2 RECOMMENDATION Adopt Resolution No. 10-4700 calling the election; Resolution No. 10-4701 regLesting specified county services relating to the election; and Resolution No. 10-4702 adopting regulations pertaining to candidates' statements. Attachments: Resolution No. 10-4700 Resolution No. 10-4701 Resolution No. 10-4702 RESOLUTION NO. 10-4700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 8, 2011, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF TEMPLE CITY WHEREAS, under the provisions of the Charter of the City of Temple City, a General Municipal Election shall be held on March 8, 2011, for the election of Municipal Officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the Charter of the City of Temple City, there is called and ordered to be held in the City of Temple City, California, on Tuesday, March 8, 2011, a General Municipal Election for the purpose of electing Three Members of the City Council for the full term of four years. SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shah remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California. SECTION 5. That pursuant to Elections Code § 12310, a stipend for services for the persons named as precinct board members is fixed at the sum of $125 for each Inspector and $80 for each Clerk for the election. In addition, the sum of $25 will be given to each precinct board member to attend a training class. The rental for each polling place, where a charge is made, shall be the sum of $125 for the election. When required, the compensation of the Custodian of a building shall be $25 for the election. SECTION 6. That in ail particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 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 further or additional notice of the election, in time, form and manner as required by law, SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 9. 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 ON 19th day of October, 2010. MAYOR Resolution No. 10-4700 Page 2 ATTEST: City Clerk 1, hereby certify that the foregoing resolution, Resolution No. 10-4700, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 19th day of October, 2010 by the following vote: AYES: Counciirnember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk RESOLUTION NO. 10-4701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 8, 2011 WHEREAS, a General Municipal Election is to be held in the City of Temple City, California, on March 8, 2011; 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 Temple City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of §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 Election Department to prepare and furnish the following for use in conducting the election; 1. A listing of County precincts with number of registered voters in each, so City may consolidate election precincts into city voting precincts, and maps of the voting precincts; 2. A list of polling places and poll workers the County uses for their elections; 3. The computer record of the names and addresses of all eligible registered voters in the City in order that the City's consultant may: a. Produce labels for vote -by -mail voters; b. Produce labels for sample ballot pamphlets; c. Print Rosters of Voters and Street Indexes; 4. Voter signature verification services as needed; 5. Make available to the City election equipment and assistance as needed according to state law. 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. PASSED, APPROVED AND ADOPTED on this 19th day of October, 2010. MAYOR Resolution No, 10-4701 Page 2 ATTEST: City Clerk I, hereby certify that the foregoing resolution, Resolution No. 10-4701 was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 191h day of October, 2010 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk RESOLUTION NO. 10-4702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 8, 2011. 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 candidates statement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, 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 Temple City on March 8, 2011, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY, A. Pursuant to the Federal Voting Rights Act, the city is required to translate candidates statements into the following languages: Chinese and Spanish. B. Pursuant to state law, the candidate's statement must be translated and printed in the voters pamphlet in any language at the candidates request. C. Translations. 1. The City Clerk shall have all candidates statements translated into the languages specified in (A) above. 2. The City Clerk shall have translated those statements into the languages as requested by the candidate in (B) above. D. Printing. 1. The City Clerk shall print all translations of all candidates statements in the main voter pamphlet. The main voter pamphlet will be in English, Chinese and Spanish. SECTION 3. PAYMENT, A. Translations. 1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (A) 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 candidates statement into any foreign language that is not required as specified in (A) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate, as specified in (B) of Section 2 above. Resolution No, 10-4702 Page 2 B. Printing. 1. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above; in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter 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 estimated pro rata share as a condition of having his or her statement included in the voter's 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 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 4. MISCELLANEOUS. A. All translations shall be provided by professionally -certified translators. B. The City Clerk shall allow (bold type) (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 council policy on payment for candidates statements are repealed. SECTION 8. That this resolution shall apply only to the election to be held on March 8, 2011 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 on this 19`h day of October. 2010, MAYOR Resolution No. 10-4702 Page 3 ATTEST: City Clerk I, hereby certify that the foregoing resolution, Resolution No. 10-4702, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 19th day of October, 2010 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk