HomeMy WebLinkAboutAgenda Report - June 4, 2014 C-14 ERAGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
• TM
AGENDA TITLE: Adopt the Following Resolutions Pertaining to the November 4, 2014, General
Municipal Election:
(a) Resolution Calling And Giving Notice of the General Municipal Election to be
Held on Tuesday, November 4, 2014, for the Election of Certain Officers of the
City;
(b) Resolution Requesting the San Joaquin County Board of Supervisors to
Render Specified Services for the Conduct of a General Municipal Election to be
Held on Tuesday, November 4, 2014;
(c) Resolution Setting Forth the Council's Policy Regarding Impartial Analyses,
Arguments, and Rebuttal Arguments For Any Measure(s) That May Qualify to be
Placed on the Ballot for the November 4, 2014, General Municipal Election; and
(d) Resolution Adopting Regulations for Candidates for Elective Office Pertaining
to Candidates' Statements Submitted to the Voters at the General Municipal
Election to be Held on Tuesday, November 4, 2014
MEETING DATE: June 4, 2014
PREPARED BY: City Clerk
RECOMMENDED ACTION: Adopt the resolutions pertaining to the November 4, 2014, General
Municipal Election with respect to calling and noticing the election,
consolidating the election with the County, setting forth the policy for
any measures, and adopting regulations for candidates' statements,
as required by the California Elections Code.
BACKGROUND INFORMATION: The 2014 General Municipal Election for three City Council seats
will be held on Tuesday, November 4, 2014. The current terms of
Council Member Nakanishi, Mayor Pro Tempore Hansen and Mayor
Katzakian are expiring.
It is necessary for the City Council to adopt a resolution calling and giving notice of the holding of a
General Municipal Election in the City of Lodi on November 4, 2014. On October 19, 1988, the City
Council adopted Ordinance No. 1438 consolidating municipal elections with statewide general elections.
The ordinance was approved by the San Joaquin County Board of Supervisors on February 7, 1989.
It is also necessary for the City to enter into an agreement with San Joaquin County to provide certain
services for the conduct of the November 4, 2014, General Municipal Election. The City will reimburse
the County for these services when the work is completed and upon presentation of a properly audited
invoice to the City.
APPROVED:
Stephen S6-hwabauer-,hitefim City Manager
Election Resolutions
June 4, 2014
Page 2
The Elections Code states that when a City measure qualifies for a place on the ballot, the governing
body may direct the elections official to transmit a copy of the measure to the City Attorney for
preparation of an impartial analysis. The Elections Code further sets forth the process for receiving
arguments for and against the measure(s) and for the submittal of rebuttal arguments.
The Elections Code allows each candidate, for a non-partisan elective office in a city, to prepare a
statement to be included with the sample ballot and mailed to each registered voter. Candidate
statements are designed to acquaint voters with a candidate's qualifications for the office they are
seeking. The law requires the Council to adopt a policy no later than seven days before the nomination
period opens regarding the candidates' statements and obligation for payment. Elections Code §13307
allows the City to estimate the total cost of printing, handling, translating, and mailing the candidates'
statements and requires each candidate filing a statement to pay in advance to the City his or her pro
rata share, as estimated through the County Registrar of Voters, as a condition of having his or her
statement included in the voters' pamphlet. As is customary for previous elections, it is recommended
that the City Council authorize charging the candidates for the actual costs associated with candidate
statements. It is also recommended that the City Council approve the 200 -word limitation for candidate
statements.
The Elections Code includes provisions for performing election -related tasks during regular business
hours, as posted, and extending the deadline to the next regular business day if necessary. The City is
on a 9/80 schedule. The relevant schedule is attached and will be posted as a part of the election
notices.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: The anticipated cost of the November 2014 General Municipal Election is
approximately $85,000 and is being budgeted for the 2014/15 fiscal year.
City Clerk
City of Lodi calendar, July -December 2014
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City offices will be closed every other Friday
Hours: Monday through Thursday, 7:30 a.m. to 5:30 p.m.; Friday 8 a.m. to 5 p.m.
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City offices will be closed every other Friday
Hours: Monday through Thursday, 7:30 a.m. to 5:30 p.m.; Friday 8 a.m. to 5 p.m.
RESOLUTION NO. 2014-90
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 4, 2014, 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, November 4, 2014, 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 of the State of California
relating to General Law Cities within said State, there is called and ordered to be held in the City of
Lodi, California, on Tuesday, November 4, 2014, a General Municipal Election for the purpose of
electing the qualified three (3) members of the City Council of said 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 as
required by law.
SECTION 3. That the City Clerk of the City of Lodi 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 said
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, 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.
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.
Dated: June 4, 2014
1 hereby certify that Resolution No. 2014-90 was passed and adopted by the City Council of the City
of Lodi in a regular meeting held June 4, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, Nakanishi, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
2014-90
rr
i . .N -Olson
City Clerk
RESOLUTION NO. 2014-91
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 TUESDAY, NOVEMBER 4, 2014
WHEREAS, a General Municipal Election is to be held in the City of Lodi,
California, on November 4, 2014; 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 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 §10002 of the Elections Code
of the State of California, this City Council requests the San Joaquin County Board of
Supervisors to permit the County Registrar of Voters' office to prepare and furnish to the
City of Lodi all materials, equipment, and services as agreed upon by the County
Registrar of Voters and the City Clerk for the conduct of the November 4, 2014, General
Municipal Election.
SECTION 2. That the City shall reimburse the County for services performed
when the work is completed and upon presentation to the City of a properly approved
invoice.
SECTION 3. That the City Clerk is directed to forward without delay to the
Board of Supervisors and the County Registrar of Voters' offices a certified copy of this
resolution.
SECTION 4. That the City Clerk shall certify to the passage and adoption of
this resolution and enter it into the book of original resolutions.
Dated: June 4, 2014
I hereby certify that Resolution No. 2014-91 was passed and adopted by the Lodi City
Council in a regular meeting held June 4, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce,
Nakanishi, and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — No
7ohl-Olson
City Clerk
2014-91
RESOLUTION NO. 2014-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA,
SETTING FORTH THE COUNCIL'S POLICY REGARDING IMPARTIAL
ANALYSES, ARGUMENTS, AND REBUTTAL ARGUMENTS FOR ANY
MEASURE(S) THAT MAY QUALIFY TO BE PLACED ON THE BALLOT
FOR THE NOVEMBER 4, 2014, GENERAL MUNICIPAL ELECTION
WHEREAS, the State of California Elections Code sets forth that whenever any
City measure(s) qualifies for a place on the ballot, the governing body may direct the
City Elections Official to transmit a copy of the measure(s) to the City Attorney for
preparation of an impartial analysis. The Elections Code further sets forth the process
for receiving arguments for and against the measure(s) and for the submittal of rebuttal
arguments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi
does hereby set forth the following as it pertains to any measure(s) that may qualify to
be placed on the ballot for the November 4, 2014, General Municipal Election:
SECTION 1. The City Council of the City of Lodi does hereby direct the City
Clerk to transmit a copy of any measure(s) that would qualify to be voted upon at the
November 4, 2014, General Municipal Election to the City Attorney to prepare an
impartial analysis of the measure(s), showing the effect of the measure(s) on the
existing law and the operation of the measure(s).
SECTION 2. The City Council of the City of Lodi does hereby determine that
written argument for or against any city measure may be submitted pursuant to the
Elections Code of the State of California. No argument shall exceed 300 words in
length.
SECTION 3. The City Council of the City of Lodi does hereby determine that
rebuttal arguments may be submitted pursuant to the Elections Code of the State of
California. Rebuttal arguments shall not exceed 250 words in length.
Dated: June 4, 2014
1 hereby certify that Resolution No. 2014-92 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 4, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce,
Nakanishi, and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS —None
ohl-Olson
City Clerk
2014-92
RESOLUTION NO. 2014-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, 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, 2014
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 candidates
statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI,
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 Lodi on November 4, 2014, 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 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 Clerk shall have all
candidates statements translated into Spanish.
B. Pursuant to State law, the candidate's statement must be translated and
printed (in the voters pamphlet) in any language at the candidates request.
C. The City Clerk shall:
1. Translations:
(a) have all candidates statements translated into the language specified
in (a) above.
(b) have translated those statements into the languages as requested by
the candidate in (b) above.
2. Printing:
(a) print any translations of candidates who so request printing 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) and/or (b) above pursuant to Federal and/or State law.
Resolution No. 2014-93
June 4, 2014
Page Two
2. The candidate shall be required to pay for the cost of translating the
candidate's statement into any foreign language that is not required as
specified in (a) and/or (b) of Section 2 above, pursuant to Federal and/or
State law, but is requested as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the
candidate's statement in English in the voters' pamphlet.
2. The candidate shall be required to pay for the cost of printing the
candidate's statement in a foreign language in the voters' pamphlet.
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 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 30 days of 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 this resolution shall apply only to the election to be held on
November 4, 2014, and shall then be repealed.
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.
Dated: June 4, 2014
I hereby certify that Resolution No. 2014-93 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 4, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce,
Nakanishi, and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — N&
son
City Clerk
2014-93
CITY COUNCIL
PHIL KATZAKIAN, Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
BOBJOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerkCDlodi.gov
June 6, 2014
Austin Erdman
Registrar of Voters
44 N. San Joaquin St., Ste. 350
Stockton, CA 95202
RE: NOVEMBER 4, 2014, GENERAL MUNICIPAL ELECTION
STEPHEN SCHWABAUER
City Manager
RANDI JOHL-OLSON
City Clerk/Legislative
Affairs Officer
JANICE D. MAGDICH
City Attorney
Attached please find copies of the following resolutions pertaining to the November 4,
2014, General Municipal Election, which were adopted by the Lodi City Council at its
June 4, 2014, regular meeting:
• Resolution calling and giving notice of the holding of a General Municipal Election to
be held in the City on Tuesday, November 4, 2014, 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;
• Resolution 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 Tuesday, November 4, 2014;
• Resolution setting forth the Council's policy regarding impartial analyses, arguments,
and rebuttal arguments for any measure(s) that may qualify to be placed on the ballot
for the November 4, 2014, General Municipal Election; and
• Resolution 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, 2014.
Should you have any questions regarding this matter, please feel free to give me a call.
Sing
I-OlsR on
City Clerk/Legislative Affairs Officer
RJ/jmr
Enclosures
cc: San Joaquin County Board of Supervisors (+ encl.)
N: Wdministration\CLERK\Election\2014\ISJROV_ElectionRes. doc