HomeMy WebLinkAboutAgenda Report - May 16, 1990 (83)COUNCIL
TO THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
C 0 M M U N I C A T 1 0 N
COUNCIL MEETING DATE
MAY 16, 1990
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SUBJECT: NGEV13ER 6, 1990 C9B4RAL MUNICIPAL ELECTION
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V* would recommend, based on past policy, that Council adopt the following resolutions
pertaining to the November 6, 1990 General Municipal Election:
a) Resolution Nb. 90-73 - Calling for the November 6, 1990 General Municipal
Election
b) Resolution Na 90-74 - Establishing regulations pertaining to the Candidates'
Statement
c) Resolution Na 90-75 - Regarding filing fee for processing nomination papers
d) Resolution Na 90-76 - Regarding limits on campaign contributions
The 1990 General Municipal Election for three council seats will be held on Tuesday,
November 6, 1990. The terms of Council Members Olson, Reid and Snider are expiring.
Ey State Statute a number of actions and decisions must be made by the Council prior to the
opening of nominations (July 16, 1990).
a) I t w i I I be necessary for the? Council to adopt a resolution calling for the
election. W have attached a sample resolution entitled "A Resolution of the
City Council of the City of Lodi, California, Calling and Giving Notice of the
Holding of a General Municipal Election to be Held ir. the City on Tuesday,
November 6, 1990 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".
D) The California Elections Code allows each candidate, for a nonpartisan elective
office i n a city, to prepare a statement to be included with the sample ballot
and mailed to each registered voier.
The law requires the council to adopt a policy no later than seven days before the
nominations period opens regarding the candidates' obligation for payment for candidates'
statements. The policy may also include the City's position on three additional aspects of
the Voters Pamphlet mailing:
PAYMENT: Elections Code Section 10012 allows the City to estimate the cost of the
Candidates' Statement and require each candidate f i I i n g a statement to pay i n
advance to the City his or her pro rata share as a condition of having his or her
statement included in the voters pamphlet. The cost of the Candidates' Statement
may be borne by the city, the candidate, or the cost shared between them. (it
should be noted that the city has in the past elected not to charge candidates fnr
the cost c f the Candidate's Statements.)
COUNCIL COMMUNICATION
GENERAL MUNICIPAL ELECTION
PAGE TWO
WORD LIMIT: The Council may authorize an increase in the limitation on words for
the statement iicm 200 to 400 words. (I t should be noted that the city has in the
past elected not to increase the word limitation to 400 words.)
SPANISH LPNGUKE The city may wish to include a summary of its policy regarding
the Voting Rights Act i n the policy resolution. (It should be noted that Federal
Law does not require Spanish translation except to voters i n four California
counties. San Joaquin County i s not one of the four mandated counties. The City
of Lodi has for many years undertaken an oral assistance program, which %e
recommend %e continue to do.)
Attached please find a sample resolution regarding the Candidates' Statement entitled, "A
Resolution of the City Council of the City of Lodi, California, Adopting Regulations for
Candidates for Elective Office, Pertaining to Materials Submitted to the Electorate and the
costs of the Candidates' Statement for the General Municipal Election to be held in the
City on Tuesday, November 6, 1990" for Council's consideration.
EIy law, the City Clerk must issue a copy of the city policy relating to Candidates'
Statements at the time nomination papers are issued.
c) The City Council rW adopt an ordinance requiring a f i I i n g fee, not to exceed
$25.00, to be paid at the time nomination papers are filed. California courts
have ruled that the City Clerk rrej not refuse to place a candidates name on the
ballot due to an inability to pay the filing fee. If you cannot waive the fee,
you must provide an alternative. Court guidelines are similar to Elections
Code Section 6555 providing for the substitution of four signatures of
registered voters for each one dollar of the filing fee, or 101/00f the total of
registered voters in the district in which he seeks nomination, whichever is
less. The Council must take appropriate action to enact or repeal the filing
fee ordinance sufficiently in advance of the first day of the nomination
process. (It should be noted that the City has i n the past determined that
there will be no filing fee).
W have attached a sample resolution entitled, "Resolution Determining that there w i I I be
% filing Fee Charged for the Processing of a Candidates' Nomination Papers for the
November 6, 1990 General Municipal Election' for Council's consideratic.
dj State Statute allows the Council to set a I i m i t on campaign contributions. (It
should be noted that the City has i n the past determined that no I i m i t would be
set on campaign contributions).
VIS have attached a sample resolution entitled, "Resolution Determining that No Limit Shall
be Set on Campaign Contributions for the November 6, 1990 General Municipal Election" for
Council's consideration.
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Alice M. Reimche
City Clerk
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RESOLUTION NO. 90-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI,
CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY,
NOVEMBER 6, 1990, 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.
WHEREAS, under the pravisions of the laws relating to
General Law Cities in the State of California, a regular
general municipal election shall be held on Tuesday, November
6, 1990 for the election of municipal officers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. -That, pursuant to the requirements of
the laws OT—Testate of California relating to General Law
Cities within said State, there is called and ordered held in
the City of Lodi, California, on Tuesday, November 6,
1990, a general municipal election of the qualified elsctors
of the City for the purpose of electing three (3) members of
the City Council of said City for the fu'il term of four years.
SECTION 2. That the ballots to be used at the
eIectionr's'fia—TT—_Fe, i n form and content, such as may be
required by law to be used i n the election.
SECTION 3. That the City Clerk of the City of i odi
i s authoit zed nstructed and directed to procure and furnish
any and a I I official ballots, notices, printed matter and a I I
supplies, equipment and paraphernalia that may be necessary
i n order to properly and lawfully conduct said election.
SECTION 4. That the polls for the election shall be
open a t seven o clock a.m. of the day of the election and
shall remain open continuously from that time until 8:00
o'clock p.m. of the same day when the pol". shall be closed,
except as provided in Section 14301 of the Election Code of
the State of California.
SEC�frhF That i n a I I particulars not recited in
this Resolution, the elction shall be held and conducted as
provided by law for holding municipal elections in the City.
SECTION 6. That notice of the ime and place of
holding M M— tion is given and the City Clerk is
authorized, instructed and directed to give such further or
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additional notice of the election, i n time, form and manner
as required by, law.
'SECTION` J. That the City Clerk shall certify to
the gassag�e—an tion ?f.this Resolution and enter it into
the book of o r i g i n a Reso utions.
Dated: May 16, 1990 `
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I hereby certify that Resolution No. 90-73 was passed $
and adopted by the City Council of the City of Lodi i n a
regclar meeting held May 16, 1990 by the following vote:
Ayes: Council Members -
Noes: Council Members
Absent: Council Members -
Abstain: Council Members - ?
ALICE M. REIMCHE
City Clerk
RES9073/TXTA.OIV
RESOLUTION NO. 90-74
A RESOLUTION OF THE CITY COUNCIL CF THE CITY CF LODI,
CALIFGRNIA, ADOPTING REGULATIONS FCR CANDIDATES FOk ELECTIVE OFFICE,
PERTAINING TO MATERIALS SUBMITTED 10 THE ELECTORATE AND THE OOSTS CF
THE CANDIDATE'S STATE]VENT TCR THE G34F.AL MUNICIPAL ELECTION TO BE HELD
IN THE CITY ON TUESDAY, NOVEMBER 6, 1990.
WHEREAS, Section 10012 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, T ERBORE, THE CITY COUNCIL OF THE CITY CF LODI, CALIFORNIA
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOM
SECTION 1. GENERAL PROVISIONS. That, pursuant to Section
10012 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 i n the City of Lodi on November 6, 1990, may prepare a
candidate's statement on an appropriate form provided by the City
Clerk. Such 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. Such statement shall not include party affiliation
of the candidate, nor membership or activity in part-'san political
organizations. Such statement shall be filed in the office of the City
Clerk at the time the candidate's nomination papers are filed. Such
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. ADDITIONAL MATERIALS. No candidate w i I I be
permitted to include additional materials in the sample ballot package.
SECTION 3. PAYMENT. No charges shall be levied to the
candidates for the printing, handling, or distribution of the
candidate's statement.
SECTION 4. SPANISH LANGUAGE. The clerk shall have translated
and printed in the voter's pamphlet only the candidates statements of
those candidates who request translation and printing.
SECTION 5. That the City Clerk shall provide each candidate or
the candidate's representative a copy of this Resolution a t the time
nomination petitions are issued.
SECTION 6. That a I I previous resolutions establishing Council
policy on payment for candidates are repealed.
SECTION 7. That this Resolution shall apply only to the
genera municipal election to be held on November 6, 1990 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.
Dated: May 16, 1990
I hereby certify that Resolution No. 90-74 vks passed and
adopted by the Lodi City Council i n a regular meeting held May 16,
1990 by the following vote:
Ayes = Council Members -
Noes = Council Members -
Absent: Council Members -
Abstain: Council Members
Alice M. Reimche
City Clerk
90-74
RES9074/TXTA.O.V
RESOLUTION NO. 90-75
A RESOLUTION OF THE LODI CITY COUNCIL
DETERMINING THAT THERE WILL BE NO FILXNG FEE CHARGED FOR THE PROCESSING
CF A CANDIDATE'S NOMINATION PAPERS FCR THE NOVEMBER 6, 1990 GENERAL
MUNICIPAL ELECTION.
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WHEREAS, Section 22843 of the Elections Code of the State of
California provides that the City Council may 'Impose a _filing, fee
proportionate to ° the costs of processing a candidate's nomination
papers, but not exceeding twenty-five dollars ($25.00) to be :paid upon
the filing of such nomination papers;
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does
hereby set forth the following regulation pertaining to the November 6,
1990 General Municipal Election:
a) No filing fee will be imposed for the processing of
candidate's nomination papers.
BE IT FURTHER RESOLVED, that each candidate or his/her
representative shall be provided with a copy of this Resolution by the
City Clerk at the time he/she picks up his/her nomination papers.
Dated: May 16, 1990
I hereby certify that Resolution No. 90-75 was passed and
adopted by the Lodi City Ccuncii i n a regular meeting held May 16,
1990 by the following vote:
Ayes: Council Members -
Noes = Council Members -
Absent: Council Members -
Abstain: Council Members -
A I i c e M. Reimche
City Clerk
90-75
RES90.75/TXTA.OIV
RESOLUTION NO. 90-76
A RESOLUTION OF THE LODI CITY COUNCIL
DETERMINING THAT NO LIMIT SHALL BE SET ON CAMPAIGN CONTRIBUTIONS
FOR THE NOVEMBER 6, 1990 GENERAL MUNICIPAL ELECTION
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WHEREAS, Section 22808 of the State of California Elections Code
provides that a City.may by ordinance or resolution limit campaign
contributions in municipal elections;
NOW, THEREFORE, BE IT RESOLVED, that the todi City Council
following review of the matter does,hereby determine that no limit
shall be set on campaign contributions for the November 6, 1990 General
Municipal Election.
Dated: May 16, 1990
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I hereby certify that Resolution No. 90-76 waspassed and
adopted by the Lodi City Council in a regular meeting held May 16,
1990 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
Alice M. Reimche
City Clerk
90-76
RES9076/TXTA.OIV