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Agenda Item No:
Meeting Date: June 15, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Esther Beirne? City Manager Approval:
File No.: 9-4
SUBJECT: RESOLUTIONS RE: ELECTION MATTERS — GENERAL MUNICIPAL ELECTION,
TUESDAY, NOVEMBER 3, 2009 (CC)
RECOMMENDATION:
Recommend adoption of the following three (3) Resolutions:
a. Resolution of the City Council
1) Proposing a General Municipal Election, including the San Rafael Elementary School
District and the San Rafael High School District General Election, to be held on
Tuesday, November 3, 2009;
2) Requesting the Board of Supervisors to consolidate with any other election conducted on
the same date; and
3) Requesting election services by the County Clerk.
b. Resolution Reaffirming Policy regarding number of words in Candidate's Statement of
Qualifications, and providing that the cost of printing and handling of Candidate's Statement
of Qualifications shall be borne by the Candidate and paid for at the time Nomination
Papers are filed.
c. Resolution requesting the Board of Supervisors of the County of Marin to Permit the County
Clerk to consolidate Precincts and Polling Places Relating to the San Rafael General
Municipal Election.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
BACKGROUND / ANALYSIS:
a. The Resolution proposes that a General Municipal Election be held on Tuesday,
November 3, 2009, including the School Districts, and lists the reasons for the election to be
held.
The request to consolidate with any other election held on the same day is proposed so that
the City may share election costs with other jurisdictions, thus cutting down on the City's
costs.
In line with the Council policy, the Resolution requests various election services be
provided to the City by the County Clerk.
The Resolution provides for a Candidate's Statement of Qualifications and establishes rules
regarding Statements of Qualifications, including costs for printing same in Sample Ballot,
of $365.00 for City Council Candidates and $429.00 for School Board Candidates, to be
paid for at the time of filing nomination papers.
c. The Resolution proposes consolidation of Precincts and Polling Places to cut down on
election costs by not requiring as many people to handle the duties involved.
FISCAL IMPACT:
Funds in the amount of approximately $72,065 have been included in the proposed 2009/2010
Elections Budget to cover the cost of this election.
OPTIONS:
Not applicable.
ACTION REQUIRED:
Adoption by the City Council of all three (3) Resolutions.
Encls.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
1) PROPOSING A GENERAL MUNICIPAL ELECTION, INCLUDING THE
SAN RAFAEL ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL
HIGH SCHOOL DISTRICT GENERAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3,2009;
2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE
WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE;
3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK
WHEREAS, the Charter of the City of San Rafael, Article IV, Section 1, requires that a
General Municipal Election shall be held in the City of San Rafael on the Tuesday after the first
Monday in November of each odd numbered year; and
WHEREAS, under Article VI, Section 3 of the Charter of the City of San Rafael, elections
for members of the Board of Education shall be held at the General Municipal Election of the City of
San Rafael; and
WHEREAS, it is the determination of the City Council of the City of San Rafael that a
General Municipal Election be held on Tuesday, November 3, 2009, including the San Rafael
Elementary School District and the San Rafael High School District General Election; at which
election the issues to be presented to the voters shall be:
1. Election of two (2) City Councilmembers for the full term of four years each;
2. Election of two (2) members of the Board of Education for the full term of four years
each; and
WHEREAS, the City Council of the City of San Rafael may request the Board of
Supervisors of the County of Marin to consolidate the General Municipal Election with any other
election conducted on the same date; and
WHEREAS, the City Council of the City of San Rafael may request election services by
the County Clerk of Marin County, California:
NOW, THEREFORE, BE IT RESOLVED that pursuant to the requirements of the laws of
the State of California there is called and ordered held in the City of San Rafael, County of Marin,
State of California, on Tuesday, November 3, 2009, a General Municipal Election of the qualified
electors of San Rafael.
BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Marin, is
hereby requested to:
1) Consolidate said election with any other election conducted on the same day; and
2) Authorize and direct the County Clerk, at City expense, to provide the following
election services and to canvass the results of said election:
Provide Voter Indexes
Provide Voter Count by Precinct
Provide Verification of Signatures
Provide Drayage and Rental of Polling Places
Provide Printing of Sample and Official Ballots
Provide Printing of Candidates' Statements of
Qualifications, Measures and Arguments
Appoint and Notify Election Officers
Mail Sample Ballots and Polling Place Notification
Provide Precinct Supplies
Provide Training of Precinct Workers
Provide Processing of Vote by Mail Ballots
Provide Central Counting
Provide Canvass of Votes Cast
Provide such other services as are necessary to
conduct the Municipal Election
BE IT FURTHER RESOLVED that the ballots to be used at the election shall be in both
form and matter as required by law.
BE IT FURTHER RESOLVED that the polls for said election shall be opened at seven
o'clock a.m. of the day of said election and shall remain open continuously from said time until eight
o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of
the Elections Code of the State of California.
BE IT FURTHER RESOLVED that in all particulars not recited in this resolution the
election shall be held and conducted as provided by law for holding municipal elections in said City.
BE IT FURTHER RESOLVED that notice of the time and place of holding the election is
hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or
additional notice of said election in time, form, and manner as required by law.
BE IT FURTHER RESOLVED that the City Clerk is directed to submit a certified copy of
this Resolution to the Board of Supervisors of the County of Marin.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the forgoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said
City held on Monday, the 15th day of June, 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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ESTHER BEIRNE, City Clerk
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL REAFFIRMING POLICY REGARDING NUMBER OF
WORDS IN CANDIDATE'S STATEMENT OF QUALIFICATIONS,
AND PROVIDING THAT THE COST OF PRINTING AND
HANDLING OF CANDIDATE'S STATEMENT OF QUALIFICATIONS
SHALL BE BORNE BY THE CANDIDATE AND PAID FOR
AT THE TIME NOMINATION PAPERS ARE FILED
WHEREAS, Elections Code Section 13307 provides that candidates for
nonpartisan elective office in any local agency, including any city, county, city and county or
district may prepare a candidate's statement of qualifications, which 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; and
WHEREAS, the government body of said local agency may authorize an increase
in the limitations on words for such statement from 200 to 400 words; and
WHEREAS, by Resolution No. 5571 adopted November 20, 1978, the City
Council of the City of San Rafael authorized decrease in the limitation on words for such
statement from 400 to 200 words, due to increased costs for printing, and further, that in the
event a candidate wished to avail himself/herself of the right to prepare a candidate's statement
of qualifications, the cost of printing and handling of the candidate's statement of qualifications
would be borne by the candidate and not by the City of San Rafael; and
WHEREAS, by Resolution No. 6141 adopted July 20, 1981, Resolution No. 6580
adopted July 5, 1983, Resolution No. 7133 adopted July 1, 1985, Resolution No. 7570 adopted
July 6, 1987, Resolution No. 7999 adopted July 3, 1989, Resolution No. 8450 adopted June 17,
1991, Resolution No. 8962 adopted June 21, 1993, Resolution No. 9385 adopted June 19, 1995,
Resolution No. 9862 adopted June 16, 1997, Resolution No. 10424 adopted June 21, 1999,
Resolution No. 10847 adopted June 18, 2001, Resolution No. 11333 adopted June 16, 2003,
Resolution No. 11776 adopted June 20, 2005, and Resolution No. 12272, adopted June 18, 2007,
the City Council of the City of San Rafael reaffirmed policy regarding 200 words for candidate's
statement of qualifications; and
WHEREAS, it is recommended that estimate of cost for printing candidate's
statement of qualifications shall be paid for in advance by the candidate at the time Nomination
Papers are filed; and
WHEREAS, the amount for printing 200 words has been estimated by the County
to be $365.00 for each candidate's statement of qualifications for City Office, and $429.00 for
each candidate's statement of qualifications for School District Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael does hereby reaffirm that the number of words of the candidate's statement of
qualifications for all San Rafael Municipal Elections shall be 200 words.
BE IT FURTHER RESOLVED that in the event a candidate wishes to avail
himself/herself of the right to prepare a candidate's statement of qualifications, that the cost of
printing of the candidate's statement of qualifications, which is estimated by the County to be
$365.00 for City Office and $429.00 for School District Office, shall be borne by the candidate
and not by the City of San Rafael.
BE IT FURTHER RESOLVED that the estimate of cost of $365.00 or $429.00,
whichever applies for printing candidate's statement of qualifications, shall be paid for in
advance by the candidate at the time Nomination Papers are filed.
BE IT FURTHER RESOLVED that no additional materials shall be prepared to
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be sent on behalf of the candidate with the City of San Rafael BallotNoters Pamphlet.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 15th day of June, 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER BEIRNE, City Clerk
W:\City Clerk- WorkFileTlections\election resos\reso word count 2009.doc
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF MARIN TO PERMIT THE COUNTY
CLERK TO CONSOLIDATE PRECINCTS AND POLLING
PLACES RELATING TO THE SAN RAFAEL
GENERAL MUNICIPAL ELECTION
WHEREAS, the City of San Rafael will hold its General Municipal Election on the
3rd day of November, 2009; and
WHEREAS, the City of San Rafael desires that the County Clerk of the County of
Marin render the service hereinafter specified relating to the conduct of said municipal election:
NOW, THEREFORE, IT IS RESOLVED that pursuant to Elections Code Sections
12222 and 12241, the City of San Rafael hereinafter requests the Board of Supervisors of the
County of Marin to permit the County Clerk of the County of Marin to consolidate precincts and
polling places relating to said municipal election.
BE IT FURTHER RESOLVED that the aforementioned procedure shall apply to the
Election for said City at the November 3, 2009 General Municipal Election and all subsequent
elections until said regulations are revoked or amended.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, California hereby certify that
the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 15th day of June, 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER BEIRNE, City Clerk
WACity Clerk- Worki,ile\Elections\election resos\reso city request 2009.doc