HomeMy WebLinkAboutRes 2010-41 thru 2010-43 2010 Gnrl Muni Election 11-2-2010 CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: APPROVAL OF ACTIONS RELATIVE TO THE
2010 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
PALM DESERT ON TUESDAY, NOVEMBER 2.
SUBMITTED BY: Rachelle D. Klassen, City Clerk
DATE: June 24, 2010
CONTENTS: • Staff Report
• Resolution No. 2010 - 41 - Calling the Election
• Resolution No. 2010 - 42 - Requesting Consolidation with the
Statewide General Election in November 2010
• Resolution No. 2010 - 43 - Adopting Regulations for Candidates'
Statements
Recommendation
Waive further reading and adopt:
1) Resolution No. 2010 -41, calling for 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 and the Charter
of the City of Palm Desert.
2) Resolution No. 2010 -42, requesting the Board of Supervisors of the County of
Riverside to consolidate a General Municipal Election to be held on Tuesday,
November 2, 2010, with the Statewide General Election to be held on the date
pursuant to §10403 of the Elections Code.
3) Resolution No. 2010 -43, adopting regulations for candidates for elective office
pertaining to candidates' statements submitted to the voters at an Election to be
held on Tuesday, November 2, 2010.
Background
Pursuant to California Elections Code §§ 330, 10002, 10403.5, and 13307, and by June 25,
2010, in order to consolidate with the County of Riverside, the City of Palm Desert must adopt
certain resolutions for its 2010 General Municipal Election. The aforementioned resolutions
call for the Election, request the County Elections Department to provide services and
Staff Report - Actions for the 2010 General Municipal Election
June 24, 2010
Page 2
consolidate it with the Statewide General Election, and adopt regulations concerning
candidates' statements therefor.
Adoption of the three recommended resolutions is, therefore, requested in order to begin the
process of conducting the 2010 Election for two (2) Members of the City Council each for the
full term of four (4) years. The Candidate Nomination Period begins July 12 and runs through
August 6. Funds for the Election have been requested in the FY 2010-2011 City Financial
Plan, General Fund Account Nos. 110-4114-410-XXXX,which is subject to approval during the
Public Hearings portion of this meeting.
Fiscal Impact
There is no fiscal impact specifically for calling the 2010 Palm Desert General Municipal
Election. Once the Election is certified and the elected Councilmembers are seated shortty
thereafter, the Riverside County Registrar of Voters will issue an invoice for its services in
consolidating the City's Election with the Statewide General. The average cost per election for
the past five (2000, 2002, 2004, 2006, and 2008) has been $50,000.
Submitted by: Reviewed:
Ra he le D. Klassen, C C, City Clerk Paul S. Gibson, CCMT
Director of Finance/City Treasurer
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RESOLUTION NO. 2010 - 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, CALLING FOR 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 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 2, 2010, 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 2, 2010, a General Municipal
Election for the purpose of electing two (2) 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 po�ls 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. 2010 - 41
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 24th day of June, 2010, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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RESOLUTION NO. 2010 - 42
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 2, 2010, 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 2, 2010, for the purpose of the
election of two (2) 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 2, 2010, for the purpose of the election of two (2)
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. 2010 - 42
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 24th day of June, 2010, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
RESOLUTION NO. 2010 - 43
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 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 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 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 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 forfiling 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, candidates' statements will be
translated into all languages required by the County of Riverside. The County is required to
translate candidates' statements into the following languages: Spanish.
B. The County will print and mail sample ballots and candidates' statements to all
voters in English. The County will mail separate sample ballots and candidates' statements
in Spanish 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 all polling places, on the County's website,
and in the Election Official's Office.
RESOLUTION NO. 2010 - 43
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) and/or (B) 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 main voter 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 main voter
pamphlet.
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 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 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. MISCELLANEOUS.
A. All translations shall be provided by professionally certified translators.
B. The City Clerk shall allow 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 City Council policy on payment
for candidates' statements are repealed.
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RESOLUTION NO. 2010 - 43
SECTION 8. That this Resolution shall apply only to the election to be held on
Tuesday, November 2, 2010, 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 by the City Council of the City of Palm Desert,
California, at its regular meeting held on the 24th day of June, 2010, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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