Loading...
HomeMy WebLinkAboutAgenda Report - December 18, 1985 (84)5: APRIL 8, 1986 MUMAL MUNICIPAL ELECTION RES. NO. 85-179 - 85-183 INCL. City Clerk Reimche apprised the Council that the 1986 General Municipal Election for three council seats will ,{ be held on 'Tuesday, April 8, 1986. The terms of Council Members Olson, Reid, and Snider are the terms expiring. By State Statute a number of actions and decisions must be made by the Council prior to the opening of nominations (January 9, 1986). The City Clerk set forth in detail the matters to be decided upon by the Council, relating what decisions had been made by Council prior to previous elections regarding these matters, and responded to questions as were posed by Council. Following discussion, Council took the following actions: a) On ration of Council Member Olson, Hinchman second, adopted Resolution No. 85-179 calling for the April 8, 1986 General Municipal Election. b) On motion of Mayor Pro Tempore Reid, Pinkerton second, Council adopted Resolution No. 85-180 adopting regulations for candidates for elective office pertaining to materials submitted to the electorate and the costs of the Candidates Statement for the 1986 General Municipal Election. c) On motion of Mayor Hinchman, Reid second, Council adopted Resolution No. 85-181 - Resolution Determining that there will be no Filing Fee Charged for the Processing of a Candidate's Nomination Papers for the April 1986 General Municipal Election. d) On motion of Mayor Hinchman, Reid second, Council adopted Resolution No. 85-182 - Resolution Determining that No Limit shall be set on Campaign Contributions for the April 1986 General Municipal Election. e) On motion of Mayor Pro Tempore Reid, Hirschman second, Council adopted Resolution No. 85-183 - Resolution of the City Council of the City of Lodi, California, requesting the Board of Supervisors of the County of San Joaquin to authorize the County Registrar of 'Voters to Render Specific Services to the City Relating to the Conduct of the April 1986 General Municipal Election. COUNCIL COR1MUNIC.'-'ION The 1986 General Municipal Election for three council seats will be held on Tuesday, April 8, 1986. The terms of Council Members Olson, Reid, and Snider are the terms expiring. By State Statute a number of actions and decisions must be made by the Council prior to the opening of nominations (January 9, 1986). A) It will be necessary for the Council to adopt a resolution calling for the election. We 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 in the City on Tuesday, April 8, 1986, 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". B) The California Elections Code allows each candidate for a nonpartisan elective office in a city to prepare a statement to be included with the sample ballot and mailed to eech registered voter. The law requires the council to adopt a policy no later than seven days before the nomination period opens regarding the candidate's obligation for payment for candidates' statements. The policy may also include the City's position on three additional aspects of the Voters Pamphlet mailing: PAi'MEN`t`: Elections Code Section 10012 allows the city to estimate the cost. of the Candidate's Statement and require each candidate filing a statement to pay in 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 code establishes no guidelines for the clerk to follow to bill the candidate for costs exceeding the estimate but does require that a refund of any unused deposit must be issued within 30 days of the election. Unless a court decides otherwise, cities may continue to bill as in the past. 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 for the cost of the Candidates` Statements.) WORD LIMIT: The Council may authorize an increase in the limitation on words for the statement from 200 to 400 words. (It should be rioted that the city has in the past elected not to increase the word limitation to 400 words.) ADDITIONAL MAiERTALS: Pursuant to recent changes in the State of California Elections Code, candidates are no longer allowed to subunit other materials to be :nailed with the sample ballot. r 11 SPANISH LANGUAGE: The city may wish to include a summary of its policy regarding the Voting Rights Act in the policy resolution. (It Should be noted that Federal law does not require Spanish translations except to voters n`Imperial and Kern Counties. The City of Lodi has for many years undertaken an oral assistance program, which we recommend we continue to do.) Attached please find a sample resolution regarding the Candidate's Statement entitled, " A Resolution of the City Council of the City of Lodi, California, Adopting Regulations for Candidates for Elective Office, Pertaining to Materials Subndtted to the Electorate and the Costs of the Candidates Statement for the General Municipal Election to be held in the City on Tuesday, April 8, 1986" for Council's consideration. By, 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 may adopt an ordinance requiring a filing fee, not to exceed $25.00, to be paid at the time nomination papers are filed. California courts have ruled that the City Clerk may 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 additional signatures for each one dollar of the filing fee, or an additional one hundred signatures. 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 in the past determined that there will be no filing fee.) We have attached a sample resolution entitled, "Resolution Determining that there will be No Filing Fee Charged for the Processing of A Candidate's Nomination Papers for the April 8, 1986 General Municipal Election" for Council's consideration. D) State Statute allows the Council to set a limit on campaign contributions. (It should be noted that the City has in the past determined that no limit would be set on campaign contributions.) We have attached a sample resolution entitled, "Resolution Determining that No Limit Shall be Set on Campaign Contributions for the April 8, 1986 General Municipal Election" for Council's consideration. RECOMNIIE<�V"E^ ACTION: We would reconiend that based on past policy that Council adopt the following resolutions pertaining to the April 8, 1986 General Municipal Election: Resolution - a) Calling for the April 8, 1986 General. Municipal Election 6&4we-� ALICE M. REIMCHE City Clerk 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 TFL CITY ON TUESDAY, APRIL 8, 1986, 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 provisions of the laws relating to General Law Cities in the State of California, a general municipal election shall be held on Tuesday, April 8, 1986, for the election of Municipal Officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of. California relating to General Law Cities within the State, there is called and ordered held in the City of Lodi, California. on Tuesday, April 8, 1986, a general municipal election of the qualified electors of the City for the purpose of electing three (3) Members of the City Council of the City for the full term of four years. SECTION 2. That the ballots to be used at the election shall be, in form and content, such as may be required by law to be used in the election. SECTION 3. That the City Clerk of the City 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 ba 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 8:00 o'clock p.m. of the same day when the polls shall be closed, except as provided in S,--ction 14301 of the Election 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 ro'ding municipal elections in the City. SEC'T'ION 6. That notice of the tint- and place of holding the election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the election, in time, form and manner as required by law. h SEX.TION ?. That the City Clerk shall certify to the passage and adoption of this Resolution an,5 enter it into the book of original Resolutions. Dated: December 18, 1985 I hereby certify that Resolution Ab. 85- 179 was passed and adopted by the City Council of the City of Lodi in a Regular Meeting held December 1.8, 1985 by the following vote: AYES: Council Members - Olson, Pinkerton, Reid, Snider, and Hinchman (Mayor) NOES: Council Members -- None ABSENT: Council Members - None ABST,%IN: Council Members - None ALICE M. REIMCHE City Clerk RESOLUTION NO. 85-180 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 LND THE COSTS OF THE CANDIDATES STATEMENT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, APRIL 8, 1986 WBEREAS, 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, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AMID ORDER AS FOLLOWS: 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 in the City of Lodi on April 8, 1986, 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 partisan 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 f -Dr 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 will be permitted to include additional materials in the sample ballot package. SECTION 3. PAYMENT. No charges shall be levied to the c-ndidates for the printing, handling, or distribution of the candidate's statement. SECTION 4. SPANISH LANGUAGE. The Clerk shall have translated and printed in the voters 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 at the time nomination petitions are issued. SECTION 6. That all previous resolutions establishing council policy on payment for candidates statements are repealed. Jim SECTION 7. That this resolution shall apply only to the general nainieipal election tobe held on April 8, 1986 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: December 18, 1985 I, Alice M. Reimche, City Clerk of the City of Lodi do hereby certify that Resolution No. 85 - 180 was passed and adopted by the City Council of the City of Lodi in a regular meeting held ; December 18, 1985 by the following vote: AYES: Council Members - Olson, Pinkerton, Reid, Snider, and Hinchman (Mayor) NOES: Council Members - None ABSENT: Council Members - None = ABSTAIN: Council Members - None ALICE M. REIMCHE City Clerk RESOLUTION DETERMINING THAT THERE WILL BE NO FILING FEE CHARGED FOR THE PRDCE:SSING OF A CANDIDATE'S NOMINATION PAPERS FOR THE APRIL 8, 1986 GR ERAL MUNICIPAL ELECTION 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 cost 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, TARE, BE IT RESOLVED that the City Council of the City of Lodi does hereby set forth the following regulation pertaining to the April 8, 1986 General Municipal Election: a) No filing fee will be imposed for the processing of candidate's nomination papers. NOW, THEREFORE, BE IT RESOLVED that each candidate or his representative shall be provided with a copy of this Resolution by the City Clerk at the time he picks up his nomination papers. Dated: December 18, 1985 I, Alice M. Reimche, City Clerk of the City of Lodi, hereby certify that Resolution No. 85-181 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 18, 1985 by the following vote: AYES: Council Members - Olson, Pinkerton, Reid, Snider, and Hinchman (Mayor) NOES: Council Members - None ABSENT: Council Members - None ABSTAIN: Council Members - None VOLUTION NO. 85-182 RESOLUTION DETERMINING THAT NO LIMIT SHALL BE SET ON CAMPUGN CONTRIBUTIONS FOR THE APRIL 8, 1986 MURAL MUNICIPAL ELECTION WHEREAS, Section 11808 of the State of California Elections Code provides that a City may by ordinance or resolution limit campaign contributions in municipal elections. RESOLVED, that the City Council of the City of Lodi following review of tae matter does hereby determine that no limit shall be set on campaign contributions for the April 8, 1986 General Municipal Election. Dated: Dec:eirLer 18, 1985 I, Alice M. Reimche, City Clerk of tie City of Lodi, California., do hereby certify that Resolution No. 85-182 was passed and adopted by the City Council of the City of Lodi, California in a regular meeting held DecaTber 18, 1985 by the following vote: AYES: Council. Members - Olson, Pinkerton, Reid, Snider, and Hi.nchman (Mayor) NOES: Council Members - None ABSENT: Council Members - None ABSTAIN: Council Members - None &It'� ALICE M. � City Clerk CC+�T�iCII. C0111I�itT1vIC``-�'I0N TO THE CITY COUNCIL DATE NO. FROM: THE CITY MANAGER'S OFFICE December 13, 1985 SUBJECT. _ Anr-'1 R. 19R; Mjinie-in;:l Rim It will be necessary for the City of Lodi to receive certai_Y services for the April 8, 1986 General Municipal Election from San Joaquin County. ahe County has agreed to provide voting booths, flags, tables, chairs and ballot boxes at no charge; however, they ask that if any equipment is lost or damaged, the City will be responsible for those costs. It will be necessary that the County provide the firm of Martin and Chapman with ccinputer tapes of the records of registered voters in San Joaquin County. It is estimated that the costs for these tapes will be approximately $150.00. Any other additional services that we will need fran the County such. as checking petitions for registered voters etc will be charged at an hourly rate. Recur- erAed Action: Adopt Resolution attached autnorizing the City to seek such services as are raguired for the April 8, 1986 General Municipal Election. l 2 U., & .ALICE M. REIMCHE City Clerk December 19, 1985 Mr. George H. Cunningham Registrar of Votes San Joaquin County P. O. Box 810 Stockton, California 95201 Dear Mr. Cunningham: Enclosed herewith please find three certified copies of City of Lodi Resolution No, 85-183 - A Resolution of the City Council of the City of Lodi, California, Requesting the Board of Supervisors of the County of San Joaquin to Render Specified Services to the City Relating to the Conduct of a General Municipal Election to be Held on Tuesday, April 8, 1986 which was adopted by the Lodi City Council at its Regular Meeting of December 18, 1986, Please forward the appropriate number of copies to the Clerk of the Board for presentation to the San Joaquin County Board of Supervisors at their next meeting. We look forward to once again working with you and the manbers of your staff„ Happy Hc�idays to all! Very truly yours, q kuj %n 4rx-c'.i ALICE M. REDUI E City Clerk ., j' CITY COUNCIL THOMA' A. PETERSON DAVID M. HINCHMAN Mayor; T Y %1 L OF. j� `,! City. Manager FRED M. REID ALICE h4. REIMCHE - ' Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET City Clerk EVELYN M. OLSON CALL BOX 3006 RONALD M. STEIN JAMES W. PINKERTON, Jr. LODI, CALIFORNIA 95241-1910 City Attorney JOHN R. (Randy) SNIDER (209) 334-5634 December 19, 1985 Mr. George H. Cunningham Registrar of Votes San Joaquin County P. O. Box 810 Stockton, California 95201 Dear Mr. Cunningham: Enclosed herewith please find three certified copies of City of Lodi Resolution No, 85-183 - A Resolution of the City Council of the City of Lodi, California, Requesting the Board of Supervisors of the County of San Joaquin to Render Specified Services to the City Relating to the Conduct of a General Municipal Election to be Held on Tuesday, April 8, 1986 which was adopted by the Lodi City Council at its Regular Meeting of December 18, 1986, Please forward the appropriate number of copies to the Clerk of the Board for presentation to the San Joaquin County Board of Supervisors at their next meeting. We look forward to once again working with you and the manbers of your staff„ Happy Hc�idays to all! Very truly yours, q kuj %n 4rx-c'.i ALICE M. REDUI E City Clerk RESOLUTION NO, 85-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL, MUNICIPAL EL-r=ION TO BE HELD ON TUESDAY, APRIL 8, 1986. WHEREAS, a General Municipal Election is to be held in the City of Lodi, California, on April 8, 1.986; and WHEREAS, in the course of conduct of the election it is necessaiy for the City to request services of the County; and WHEREAS, all necessary expense in performing this service shall be paid by the City of Lodi; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the provisions of Section 22003 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 to the City for use in conducting the election the computer record of the names and address of all eligible registered voters in the City in order that the City may print labels to be attached to self -mailer sample ballot pamphlets; and will also furnish to the City printed indices of the voters to be used by the precinct board at the polling place; and will make available to the City additional election equipment and assistance according to state law. Section 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation tc: 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. . LF Section 4. That the City Clerk shall `certify to the passage and adoption of this Resolution and enter it into the book of original ti Resolutions. } Dated: December 18, 1985 I hereby certify --:',,at Resolution No. 85-183 f was passed and adopted by the City Council of the City of Lodi in a Regdlar Meeting held by the following vote: Ayes: Council Members - Olson, Pinkerton, Reid, Snider, and Finchman (Mayor) Noes: Council Members - None Absent: Council Mexat_rs - None Abstain: Council Members - None 4 P1ice M. Re�he City Clerk