HomeMy WebLinkAboutRes 08-49 - 08-51 2008 General Muni Election 11-04-2008CITY OF PALM DESERT
COMMUNITY SERVICES DIVISION
CITY CLERK OPERATIONS
STAFF REPORT
REQUEST: REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE
2008 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF PALM DESERT ON TUESDAY, NOVEMBER 4.
SUBMITTED BY: Rachelle D. Klassen, City Clerk
DATE: June 26, 2008
CONTENTS: I. Staff Report
II. Resolution No. 08-49 - Calling the Election
III. Resolution No. 08-50 - Requesting Consolidation with the
Statewide General Election in November 2008
IV. Resolution No. 08-51 - Adopting Regulations for Candidates'
Statements
Recommendation:
Waive further reading and adopt:
1) Resolution No. 08-49, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 4, 2008, for the
election of certain officers as required by the provisions of the Laws of the
State of California and the Charter of the City of Palm Desert.
2) Resolution No. 08-50, requesting the Board of Supervisors of the County of
Riverside to consolidate a General Municipal Election to be held on Tuesday,
November 4, 2008, with the Statewide General Election to be held on the
date pursuant to §10403 of the Elections Code.
3) Resolution No. 08-51, adopting regulations for candidates for elective office
pertaining to candidates' statements submitted to the voters at an Election
to be held on Tuesday, November 4, 2008.
Staff Report - Actions for the 2008 General Municipal Election
Page 2
June 26, 2008
Discussion:
Pursuant to California Elections Code §§ 330, 10002, 10403.5, and 13307, and prior to
July 1, the City of Palm Desert must adopt certain resolutions for its 2008 General
Municipal Election. The aforementioned resolutions give notice and call for, request the
County Elections Department provide services and consolidate it with the Statewide
General Election, and adopt regulations concerning candidates' statements.
Adoption of the three recommended resolutions is, therefore, requested in order to begin
the process of conducting the 2008 Election for three (3) Members of the City Council each
for the full term of four (4) years. Funds for the Election have been requested in the
FY 2008-2009 City Financial Plan, which is subject to approval during the Public Hearings
portion of this meeting.
Submitted by: Reviewed an• - . ncur:
RA HELLE D. KLASSE
CITY CLERK
Approved:
CARLOS L. OR ' GA
CITY MANAGER
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Attachments (as noted)
CMC
SHEILA R. GILL AN, FOR
COMMUNITY SERVIC. P.I.O.
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PAUL S. GIBSOI, DIRECTOR OF
FINANCE/CITY TREASURER
;,'ITY COUNCIL ACTION:
APPROVED ✓ ...., ,.. _.... DENIED
RECEIVED OTHER ...
ETJTINC
ABSENT:
ABSTAIN:
VERIFIED BY:
')riginal on File With City Clerk's Offirt
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RESOLUTION NO. 08-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE
STATE OF CALIFORNIA AND THE CHARTER OF THE CITY OF
PALM DESERT
WHEREAS, under the provisions of the laws of the State of California and the
Charter of the City of Palm Desert, a General Municipal Election shall be held on Tuesday,
November 4, 2008, for the election of Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
and the Charter of the City of Palm Desert, there is called and ordered to be held in the
City of Palm Desert, California, on Tuesday, November 4, 2008, a General Municipal
Election for the purpose of electing three (3) Members of the City Council for the full term
of four (4) 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 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 § 10242, except as provided in § 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.
RESOLUTION NO. 08-49
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.
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 properly submitted bill.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Palm Desert, California, at its regular meeting held on the 26th day of June, 2008, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JEAN M. BENSON, MAYOR
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RESOLUTION NO. 08-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2008, WITH THE STATEWIDE GENERAL ELECTION TO
BE HELD ON THE DATE PURSUANT TO § 10403 OF THE
ELECTIONS CODE
WHEREAS, the City Council of the City of Palm Desert, California, called a General
Municipal Election to be held on Tuesday, November 4, 2008, for the purpose of the
election of three (3) Members of the City Council for the full term of four (4) years; and
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 County Election Department of the County of Riverside 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 PALM DESERT,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code,
the Board of Supervisors of the County of Riverside is hereby requested to consent and
agree to the consolidation of a General Municipal Election with the Statewide General
Election on Tuesday, November 4, 2008, for the purpose of the election of three (3)
Members of the City Council for the full term of four (4) years.
SECTION 2. That the County Election Department 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
County Election Department to take any and all steps necessary for the holding of the
consolidated election.
SECTION 4. That the City of Palm Desert 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 County Election Department of the
County of Riverside.
RESOLUTION NO. 08-50
SECTION 6. 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 by the City Council of the City of
Palm Desert, California, at its regular meeting held on the 26th day of June, 2008, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JEAN M. BENSON, MAYOR
2
RESOLUTION NO. 08-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008
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 PALM DESERT, 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 Palm Desert, California, on
Tuesday, November 4, 2008, 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 language(s): Spanish.
B. The City Clerk shall:
1. Translations: Have all candidates' statements translated into the languages
specified in (A) above.
2. Printing: Print all translations of all candidates' statements pursuant to (A) above
in the voters' pamphlet.
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.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidates'
statement in English in the voters' pamphlet.
2. 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 voters' pamphlet.
RESOLUTION NO. 08-51
The City Clerk shall estimate the total cost of printing, handling, translating, 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 Tess 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 City Clerk may require the
candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall
prorate the excess amount among the candidates and refund the excess amount paid within a
reasonable amount of time after 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 City Council policy on payment for
candidates' statements are repealed.
SECTION 7. That this Resolution shall apply only to the election to be held on Tuesday,
November 4, 2008, and shall then be repealed.
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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the 26th day of June, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JEAN M. BENSON, MAYOR
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