HomeMy WebLinkAboutStaff Report 3.D 06/04/2012 �� LU
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DATE: June 4, 2012
TO: Honorable Mayor and Members of the City Council through City Manager
, FROM: Claire Cooper; CMC; City Clerk e-lC--)
SUBJECT:
• Resolution Calling and.Giving Notice of a Regular Municipal_Election to Be Held Tuesday,
November 6, 2012 for Election of Three Council Members, and Two School-Board Members
• Resolution Requesting-the Sonoma County Board of Supervisors to Consolidate a Regular
Municipal Election on Tuesday, November 6, 2012 with the Statewide General-Election
• Resolution Establishing:Regulations Pursuant to the Charter of;the.City of Petaluma and the
California Elections Code for the 2010 General Municipal Election(Candidate Ballot
Statements, Including Charges Therefor)
RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions setting the November 6,
2012 City of Petaluma Municipal Election:
• Resolution Calling and Giving Notice of a Regular Municipal.Election to Be Held Tuesday,
November 6, 2012 for Election of Three Council Members, and Two School-Board Members
I • Resolution Requesting'the Sonoma County Board of Supervisors to Consolidate a Regular
Municipal Election on Tuesday,November 6, 2012 with the Statewide General Election
• Resolution Establishing,Regulations Pursuant to the Charter of the City of Petaluma and the
California Elections Code for the 2010 General Municipal Election (Candidate Ballot
Statetnents, Including Charges Therefor)
BACKGROUND.,
The Petaluma City"Charter requires the City Council to call for,the November 6, 2012 election
and publish a'notice of election pursuant to the California.State'Elections Code.
DISCUSSION
The City of Petaluma contracts with,Sonoma County to consolidate:municipal elections.-After
each election, the;City'receives an invoice from the County for its'portion of the election costs.
Agenda Review::
City AttornY
e Finance Director City Manager
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This does not include the costof candidate statements for Council Member candidates. Those
costs are:covered by the candidates themselves.
California State Elections Code l3307(c) states:
The local agency mayestithate 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 federal Voting Rights Act of 1965,
as amended. The.local agency may 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 voter's pamphlet.
In the event the estimated payment is required, the receipt for the payment shall
include a written notice that the estimate is just an approzimation 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 local agency 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 local agency may require the candidate to pay
the balance of the cost incurred In the event of overpayment, the local agency
which or the elections official'who collected the estimated cost shall prorate the
excess amount among the candidates and refund the excess amount paid.
Candidates may choose to have their statements printed.in English only, or in both English and
Spanish. For the 2012 election, candidate statements in English only will cost an estimated $354;
the cost to print statements in both English and Spanish is estimated'to be $808.
FINANCIAL IMPACTS
The Sonoma County Registrarof Voters estimates that the cost to the City of Petaluma for the
November 2012 election will range from $46,916 to $62,554. Theprelirninary City of Petaluma
FY 2012-2013 budget for election costs was $37,000. This.amount was based on the cost of
, previous elections. Costs for the 2012 election may require amid-year budget adjustment.
ATTACHMENTS
1. Resolution Calling;and:Gi'ving Notice ofa.RegulaLMUnidipal Election to Be Held Tuesday,
November 6, 2012 for Election of Three Council Members and Two School-Board Members.
2. Resolution Requesting the Sonoma County Board of.Supervisors to Consolidate a Regular
Municipal Election on Tuesday,November 6, 2012 with the Statewide General Election.
3. Resolution Establishing-Regulations Pursuant to the-Charter of the City of Petaluma and the
California Electibt s'',Code for the 2012 General Municipal Election (Candidate Ballot
Statements,.Including.Charges Therefore).
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Resolution No. 2012-XXX N.C.S. ATTACHMENT 1
of the. City of Petaluma, California
RESOLUTION CALLING AND GIVING NOTICE;OFA.REGULAR
• MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 6,2012
FOR ELECTION OF THREE COUNCIL;MEMBERS AND
TWO SCHOOL-BOARD MEMBERS
WHEREAS, under the provisions of Article III of the Charter of the City of Petaluma
and the laws of the State of California, a Regular Municipal Election shall be held on Tuesday,
November 6,2012; and,
WHEREAS, there shall be placed on the November 6, 2012 ballot the regular election of
three council members to serve four-year terms expiring December 31, 2016;, and two school-
board members to serve four-year terms expiring December 31, 2016.
NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND DECLARED AS
FOLLOWS:
Pursuant to the requirements of the State of California and the Petaluma City Charter, there is
called and ordered to be held in the City of Petaluma, California, on Tuesday, November 6,
2012, a.Regular'Municipal Election for the purpose of electing three council members to serve
four-year terms expiring December 31, 2016; and two school-board members to serve four-year
terms expiring December 31, 2016.
1. The ballots to be used at the election shall be in the form and content'as required by law; and,
2: 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; and,
3. The polls forthe,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 Section 14401 of the Elections Code of the
State of California;-and,
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4. In all particulars not recited in.this resolution; the election,shall be held and conducted in
accordance with the provisions of the Elections Code of the State of California for holding
municipal elections; and,
5. The notice of the time and-place of holding the election is hereby 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.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I:hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the;City of Petaluma at a Regular meeting on the 4th day of June.2012, form:
by the following vote:
City Attorney
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk Mayor
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Resolution No 2012-XXX.N.C,S. ATTACHMENT'2'
of the City of Petaluma,. California
RESOLUTION REQUESTING THE SONOMA;COUNTY:BOARD
OF SUPERVISORS TO CONSOLIDATE AREGULAR MUNICIPAL
ELECTION ON TUESDAY, NOVEMBER 6, 2012
WITH THE STATEWIDE GENERAL ELECTION
WHEREAS, the City Council of the City of Petaluma has called a Regular Municipal
Election to be held on November 6, 2012, for the purpose of electing three council members, and
two school-board members;;and,
WHEREAS, it is desirable that the Regular 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 elections be the same, and that the Election
Department of the County of Sonoma canvass the returns of the Regular Municipal Election, and
that the election be held in all respects as if there were only one election:
NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND DECLARED AS
FOLLOWS:
1. Pursuant to the Petaluma City Charter and requirements of Election Code Section
10403, the Board of Supervisors of the County of Sonoma is hereby requested to
consent and agree to the consolidation of a Regular Municipal Election with the
Statewide General Election on Tuesday, November 6,;2012, for the purpose of
electing three council members to serve four-year terms expiring December 31, 201.6;
and two school-board members to serve four-year terms expiring December 31, 2016.
2. The Sonoma County Election Department is authorized to canvass the returns of the
Regular.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.
3. The Board of Supervisors;is requested to issue instructions to the Sonoma County
Election Department to take any and all steps necessary for the holding of the
consolidated election.
4. The City of Petaluma recognizes that additional costs may be incurred by the County
by reasoniof this consolidation and agrees,to"reimburse the County for such costs,
pursuant to that,certain written Agreement for Election Services between the City of
Petaluma and the County.
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5. The.Sonoma County Election Department is requested to determine the cost of
processing Absentee Ballots for this election and,is'further requested to report said
cost to the City Clerk of theCity,of Petaluma at the earliest possible time following
theelection.
6. The billing for all costs of the City and School Board elections shall be submitted to
the City Clerk of the City of Petaluma. All costs shall be divided pursuant to
Education Code 5227.
7. The City Clerk shall file a certified copy of this resolution with the Board of
Supervisors and with the Sonoma County Election Department.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 4111 day of June,2012,. form:
by„thefollowing vote:
City Attorney
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk Mayor
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Resolution No. 2012-XXX N.C.S.. ATTACHMENT 3
of the City of Petaluma, California
RESOLUTION ESTABLISHING;REGULATIONS PURSUANT TO
THE CHARTER OF THE CITY OF' PETALUMA AND
THE CALIFORNIA ELECTIONS!'CODE:FOR THE
2012 GENERAL MUNICIPAL ELECTION
(Candidate Ballot Statements, Including Charges Therefor)
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Recitals
Article II, Section 4. of the Charter of the City of Petaluma authorizes the City Council to
provide for the method of conducting General Municipal Elections; including regulations with
respect to the candidate ballot-statements; additional material's to be included within the voter's
pamphlet; charges for the candidate ballot-statements and such additional materials; permissible
number of words in candidate ballot statement and other matters relating to the foregoing. Such
regulations must be established prior'tothe opening of the nornination'period for the 2012
General Municipal Election to provide adequate notice to potential candidates. The City Council
has received the recommendations of the City Clerk and has fully considered all matters
pertaining thereto.
NOW, THEREFORE; the City Council of the City of Petaluma does RESOLVE as
follows:
1. That this Council hereby establishes the limitations on words for a candidate's
ballot statement to be 200 words.
2. That the candidates shall, at the time of filing nominating papers and candidate
statement's, pay:a deposit toward their pro rata share of the costs of printing; handling,
translating and mailing1.thecandidates' statements. This deposit,shall equal the estimated amount
provided by the-County Registrar of Voters for the 2012 election of $354 for statements
published in'English only, and+$808 for statements published in both English and Spanish. The
candidatesshalibe'billed for any additional costs or reimbursed for any amounts paid in excess
within 30 days of the actual accounting of said costs by the County Registrar of Voters.
3. That no additional materials shall be authorized for submission to the City Clerk
or shall be submitted by candidates to be mailed in addition to the Sample Ballot and Voter's
Pamphlet.
4. That in all other respects the provisions of the California Elections Code and other
provisions of law pertaining thereto shall govern.
Under the power and authority conferred upon this Council by the•Chaner of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at Regular meeting on the 4th day of June, 2012, form:
by the following vote:
City Attorney
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk Mayor
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