JUNE 7, 2005 NOVEMBER 8TH GENERAL MUNICIPAL ELECTION JUNE 7, 2005 NOVEMBER 8TH GENERAL MUNICIPAL ELECTION

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: ASSISTANT CITY MANAGER/CITY CLERK

DATE: JUNE 7, 2005

SUBJECT: NOVEMBER 8TH GENERAL MUNICIPAL ELECTION

RECOMMENDATION

1) Adopt Resolution No. 2005-__, Calling and Giving Notice of the Holding of a General Municipal Election to be Held in Said City on Tuesday, November 8, 2005, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; 2) Adopt Resolution No. 2005-__, Requesting the Board of Supervisors of the County of Los Angeles to Consolidate a General Municipal Election of Said City to be Held on November 8, 2005 with the School District and Library District Elections to be held on Said Date Pursuant to Section 10403 of the Elections Code; and, 3) Adopt Resolution No. 2005-__, Adopting Regulations for Candidates for Elective Office, Pertaining to Materials Submitted to the Electorate of and the Costs Thereof for the General Municipal Election to be Held in Said City on Tuesday, November 8, 2005.

DISCUSSION

The California Elections Code requires that certain resolutions be adopted preparatory to holding that election. On November 8, 2005, two members will be elected to the City Council for a four-year term of office. The draft Resolutions presented for Councilís consideration this evening set the date and time of the election, request consolidation services from the County of Los Angeles, and outline the Council's policy with regard to candidate statements and reimbursement to the City for the expense of printing those statements. The County is expected to provide a cost estimate for the candidates statements in early July.

FISCAL IMPACT

The City Clerk's Office has budgeted $53,000 in the FY 2005-2006 budget to conduct this election.

Respectfully submitted:

Carolynn Petru

Assistant City Manager/City Clerk

Reviewed,

Les Evans

City Manager

Attachments:

Draft Resolution Nos. 2005 -

RESOLUTION NO. 2005-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2005, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF 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 November 8, 2005, for the election of Municipal Officers; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, 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, there is called and ordered to be held in the City of Rancho Palos Verdes, California, on Tuesday, November 8, 2005, a General Municipal Election for the purpose of electing two members of the City Council 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 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 8:00 o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 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.

PASSED, APPROVED AND ADOPTED ON June 7, 2005.

________________________

MAYOR

ATTEST:

______________________

CITY CLERK

State of California )

County of Los Angeles ) SS

City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 7, 2005.

___________________________

CITY CLERK

 

RESOLUTION NO. 2005-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 8, 2005, WITH THE SCHOOL DISTRICT AND LIBRARY DISTRICT ELECTIONS TO BE HELD ON SAID DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.

WHEREAS, the City Council of the City of Rancho Palos Verdes called a General Municipal Election in said City to be held on Tuesday, November 8, 2005, for the purpose of electing two members of the City Council of said City; and

WHEREAS, it is desirable that said General Municipal election be consolidated with the School District and Library District elections to be held on the same date and that within said City the precincts, polling places and election officers of the two elections be the same, and that the Registrar of the County of Los Angeles canvass the returns of the General Municipal election and that said School District Election, Library District Election and General Municipal Election be held in all respects as if there were only one election;

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS;

Section 1: That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the School District and Library District elections on Tuesday, November 8, 2005, for the purpose of electing two members of the City Council of said City.

Section 2: Said Registrar is hereby authorized to canvass the returns of said General Municipal Election which it is hereby requested to consolidate with said School District and Library District elections and said 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: Said Board of Supervisors is hereby requested to issue instructions to the Registrar to take any and all steps necessary for the holding of said consolidated election.

Section 4: The City of Rancho Palos Verdes recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs.

Section 5: That the City Clerk of the City of Rancho Palos Verdes is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of the County of Los Angeles.

PASSED, APPROVED AND ADOPTED June 7, 2005.

_______________________

MAYOR

ATTEST:

_____________________

CITY CLERK

State of California )

County of Los Angeles ) SS

City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 7, 2005.

_________________________

CITY CLERK

RESOLUTION NO 2005-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO PALOS VERDES, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE OF AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 8, 2005

WHEREAS, Section 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 a candidate for a municipal election, including costs thereof:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: General Provisions. That pursuant to Section 13307 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 Rancho Palos Verdes on November 8, 2005, 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 two hundred (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 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 Languages

a. Pursuant to state law the City Clerk shall upon request provide Spanish translation and printing of the candidate's statement at the requesting candidate's expense.

b. Pursuant to the Voting Rights Act, the city is required to translate candidate's statements into the following language in addition to English: Chinese.

c. The City Clerk shall have all candidates statements translated and available upon request in the City Clerk's office.

Section 3: Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package.

Section 4: Payment. The candidate shall be required to pay for the cost of translating and printing of the candidate's statements into a foreign language pursuant to State or Federal law. The City Clerk shall estimate the total cost of printing, 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 official sample ballot. 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 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 clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

Section 5: That the City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nomination papers are issued.

Section 6: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it the same in the book of original Resolutions of said City.

PASSED, APPROVED and ADOPTED ON June 7, 2005.

_______________________

MAYOR

ATTEST:

________________________

CITY CLERK

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, Carolynn Petru, City Clerk of the City Council of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 7, 2005.

______________________

CITY CLERK