HomeMy WebLinkAboutItem 2d: Resolutions 6703, 6704 and 6705 for General Municipal Election on April 13, 2010SUMMARY
FISCAL IMPACT
RECOMMENDATION
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STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: JAMES BARROWS, CITY CLERK (3i)
BY: LISA MUSSENDEN, CHIEF DEPUTY CITY CLERK/
RECORDS MANAGER
Office of the City Clerk
DATE: December 1, 2009
SUBJECT: ADOPT RESOLUTIONS RELATING TO THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, APRIL 13, 2010
Recommendation: Adopt
Pursuant to the provisions of the City Charter, the City of Arcadia will hold a General
Municipal Election on Tuesday, April 13, 2010 for the election of three (3) Members of
the City Council for the full term of four (4) years. In order to commence the election
process, the California Elections Code requires the City Council adopt the attached
resolutions.
The fiscal impact of conducting this election is approximately $120,000 and has
already been appropriated in the 2009 -2010 budget.
It is recommended that the City Council adopt the following Resolutions relating to the
General Municipal Election to be held on Tuesday, April 13, 2010:
1. Resolution No. 6703 calling for the holding of a General Municipal Election on
Tuesday, April 13, 2010 for the election of certain officers as required by the City
Charter.
2. Resolution No. 6704 adopting regulations for candidates for elective office
pertaining to candidates statements submitted to the voters at an election to be
held on Tuesday, April 13, 2010.
3. Resolution No. 6705 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, April 13, 2010.
APPROVED:
.3 .Q
Donald Penman
City Manager
Attachments Resolutions
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RESOLUTION NO. 6703
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 13,
2010 FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE CITY CHARTER
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to City Charter Section 1100, a General
Municipal Election shall be held on Tuesday, April 13, 2010, for the election of
THREE (3) MEMBERS OF THE CITY COUNCIL for the full term of FOUR
YEARS ending April 1, 2014.
SECTION 2. The ballots to be used at the election shall be in the form
and content as required by law.
SECTION 3. 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. The polls for said 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 said polls shall be closed, except as
provided in Section 14401 of the Elections Code of the State of California.
SECTION 5. Pursuant to Elections Code Section 12310, a stipend for
services for the persons named as precinct board members is fixed at the sum of
$125.00 for each inspector and $100.00 for each clerk for the election. In addition,
the fixed compensation includes $25.00 for each precinct board member to attend a
mandatory training class.
The rental for each polling place, where a charge is made, shall be the sum
of $50.00 and where a charge is made, the compensation of the custodian of a
building shall be $35.00 for the election.
SECTION 6. In all particulars not recited in this Resolution, the
election shall be held and conducted as provided by law for holding municipal
elections.
SECTION 7. The 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. The City Clerk shall certify to the adoption of this
Resolution and shall cause notice of the election, the offices to be filled, and other
matters relating to the election to be given as required by the Elections Code of the
State of California.
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ATTEST:
City Clerk
Passed, approved, and adopted this day of 2009.
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
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Mayor of the City of Arcadia
RESOLUTION NO. 6704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON TUESDAY, APRIL 13, 2010
WHEREAS, Section 13307 of the Elections Code of the State of California
provides that the governing body of any local agency shall 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
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307
of the Elections Code of the State of California, each candidate for elective office
to be voted for at the General Municipal Election to be held in the City of Arcadia
on April 13, 2010 may prepare a candidate's statement on an appropriate form
provided by the City Clerk for inclusion in the voter's pamphlet. The statement
may include the name, age and occupation of the candidate and a brief description
of no more than two hundred (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
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political organizations. The statement shall be filed in typewritten format 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 Chinese, Spanish and Vietnamese languages.
(B) Pursuant to State law, a candidate's statement must be translated and
printed in the voter's pamphlet in any language at the candidate's request.
(C) The City Clerk shall:
(1) Translations
(a) have all candidate statements translated into the
languages specified in subsection (A) above; and
(b) have translated those statements into the languages as
requested by the candidate in subsection (B) above.
(D) The City shall:
(2) Printing
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(a) print all translations of all candidate statements in the main
voter pamphlet. The main voter pamphlet will be in English, Spanish, Chinese and
Vietnamese.
(b) print any translations of candidates in the languages as
requested by the candidate in subsection (B) above.
SECTION 3. PAYMENT.
A. Each candidate shall be required to pay for the cost of translating
the candidate's statement into any required foreign language as
specified in subsections (A) and (B) of Section 2 above pursuant to
Federal and State law.
B. The candidate shall be required to pay for the cost of printing the
candidate's statement in English in the main voter's pamphlet.
C. The candidate shall be required to pay for the cost of printing the
candidate's statement in a foreign language required by subsection
(A) of Section 2 above in the main voter's pamphlet.
D. The candidate shall be required to pay for the cost of printing the
candidate's statement in any foreign language requested by the
candidate pursuant to subsection (B) of Section 2 above in the
main voter's pamphlet.
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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 City Clerk his or her estimated pro rata share as a condition of having his or
her statement included in the voter's pamphlet. The estimate of costs is just an
approximation of the actual cost that varies from one election to another and the
actual cost may ultimately be significantly more or less than the estimate,
depending on the actual number of candidates filing statements. Each candidate
shall be required to pay upon receipt of an invoice his or her prorated share of
actual costs should those costs exceed the estimated amount deposited. In the
event of overpayment, the City Clerk shall prorate the excess amount among the
candidates and refund the excess amount paid within thirty (30) days of the
election.
SECTION 4. MISCELLANEOUS.
A. All candidate statements shall be translated by professional certified
translators provided by the City's election consultants.
B. The City Clerk shall allow bold type, underlining, indentations, bullets,
and leading hyphens to the same extent and manner as allowed in
previous City elections.
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C. The City Clerk shall comply with all recommendations and standards
set forth by the California Secretary of State regarding occupations
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. 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. All previous resolutions establishing City Council policy
011 payment for candidates' statements to the extent they are inconsistent herewith
are deemed to be of no further force or effect.
SECTION 8. This Resolution shall apply only to the election to be held
on April 13, 2010 and shall thereafter be deemed to be of no further force or effect.
SECTION 9. The City Clerk shall certify to the adoption of this
Resolution.
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ATTEST:
City Clerk
Passed, approved, and adopted this day of 2009.
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
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Mayor of the City of Arcadia
RESOLUTION NO. 6705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, 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, APRIL 13, 2010
WHEREAS, a General Municipal Election is to be held in the City of
Arcadia, California, on April 13, 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 Arcadia.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Section 10002 of the
Elections Code of the State of California, this City Council requests the Board of
Supervisors of Los Angeles County to permit the County Election Department to
prepare and furnish the following for use in conducting the election:
1. 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;
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b. Produce labels for sample ballot pamphlets;
c. Print Rosters of Voters and Street Indexes;
2. Printed indices of the voters to be used by the precinct board at the
polling place;
3. Voter signature verification services as needed;
4. Additional election equipment and assistance according to State law.
SECTION 2. 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. The City Clerk shall certify to the adoption of this
Resolution and is directed to forward without delay to said Board of Supervisors
and to the County Elections Department a certified copy of this Resolution.
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ATTEST:
City Clerk
Passed, approved, and adopted this day of 2009.
APPROVED AS TO FORM:
S-tt te„
Stephen P. Deitsch
City Attorney
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Mayor of the City of Arcadia