Loading...
HomeMy WebLinkAboutCC AG PKT 2012-07-09 #G SEAL°• AGENDA STAFF REPORT �'°,gtIFORN�P' DATE: July 9, 2012 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Linda Devine, City Clerk SUBJECT: CALL FOR ELECTION - NOVEMBER 6, 2012 SUMMARY OF REQUEST: Adopt the necessary ordinance and resolutions to hold a General Municipal Election on Tuesday, November 6, 2012 for the purpose of electing City Council Members of the City Council for the full term of four years in Councilmanic District Two and Councilmanic District Four; electing City Clerk for a full term of four years; and placing before the voters ballot measures amending the Seal Beach City Charter. BACKGROUND AND ANALYSIS: Under the provisions of the City Charter a General Municipal Election shall be held for the election of Municipal Officers and Ballot Measures. SECTION 501. General Municipal Elections. General Municipal Elections shall be held on the first (1st) Tuesday after the first (1st) Monday in November in even-numbered years commencing with the year 2008. SECTION 506. Holding Elections. The City Council shall, by ordinance, order the holding of all elections. Such ordinance shall conform in all respects to the general law of the State of California governing the conduct of municipal elections, now or hereafter in force, except as in this Charter or by ordinance otherwise provided. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: The City Attorney has approved as to form. Agenda Item G FINANCIAL IMPACT: The estimated cost for the County of Orange to consolidate the City's General Municipal Election with the Statewide General Election on the November 6, 2012 • ballot would be from $30,000 to $40,000, plus the cost of a run-off election, if necessary (all mail ballot election conducted by Martin & Chapman). This has been budgeted in the fiscal year 2012-2013 budget. RECOMMENDATION: Adopt the following: 1) Ordinance No. 1621 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday November 6, 2012; 2) Resolution No. 6278 requesting that the Board of Supervisors of the County of Orange to consolidate the City's General Municipal Election with the Statewide General Election to be held on Tuesday, November 6, 2012; 3) Resolution No. 6279 adopting regulations for Candidate's Statements submitted to the voters; 4) Resolution No. 6280 authorizing Council to write Arguments and City Attorney to write Analysis; 5) Resolution No. 6281 authorizing Rebuttal Arguments; and 6) Resolution No. 6282 providing for the conduct of a Run-off Election in the event no candidate receives 50% plus 1 votes to be held on Tuesday, January 29, 2013 — all mail-in ballot election will be conducted. SUBMITTED BY: NOTED AND APPROVED: kbeixo- *A- R. in a Devine, City Clerk Jill '. Ingram,.Cit nager Attachment(s): A. Strikethrough Version—Ord No. 1621 - Exhibit "A" B. Ordinance No. 1621 C. Resolution No. 6278 D. Resolution No. 6279 E. Resolution No. 6280 F. Resolution No. 6281 G. Resolution No. 6282 Page 2 Ordinance Number 1621 STRIKETHROUGH EXHIBIT "A" BALLOT MEASURES AMENDING THE CHARTER OF THE CITY OF SEAL BEACH (Ballot designation will be assigned by the County) Measure: YES Shall the Seal Beach Charter be amended to eliminate the municipal run-off election process? NO If the voters adopt this Measure, Charter Sections 500, 502, and 509 would be amended to read as follows: SECTION 500. Municipal Elections. Municipal elections held in the City shall be classified as either: (Amended 2006) a) General Municipal Elections. b) Municipal Run off Elections. c) Special Municipal Elections. SECTION 502. (Repealed 2012) Municipal Run off Electt SECTION 509. Number of Votes Needed for Elective Offices. The City Council shall declare the candidate who receives the highest number of votes cast for an office at any municipal election to be elected to such office. such office printed upon the ballots at the Municipal Run off Election. The City Council shalt to such office. Ordinance Number 1621 STRIKETHROUGH Measure: YES Shall the Seal Beach Charter be amended to make . state law govern the waiting period for installation NO of newly elected officials? If the voters adopt this Measure, Charter Section 400 would be amended to read as follows: SECTION 400. Elective Officers. The elective officers of the City shall consist of a City Clerk elected from the City at large, and five (5) members of the City Council, one (1) elected from each of the five (5) Councilmanic Districts as prescribed in Article V. The terms of elective officers shall be four (4) years and until their respective successors qualify. The term of each elective officer shall commence upon completion of the canvass and installation, which shall be performed by the deadline specified by state law. as prescribed in Article V. The terms of elective officers shall be four (4) years and until their - - . .. ..- Measure: YES Shall the Seal Beach Charter be amended to allow the City Council to call an election by resolution? NO If the voters adopt this Measure, Charter Section 506 would be amended to read as follows: SECTION 506. Holding Elections. The City Council shall, by ordinance resolution, order the holding of all elections. Such ordinance resolution shall conform in all respects to the general law of the gee w State of California governing the conduct of municipal elections, now or hereafter in force, except as in this Charter or by ordinance otherwise provided. All ordinances ordering the holding of elections shall be pubtished at least three timer in the official newspaper of the City of Seal Beach ten days prior to the date of the election. Ordinance Number 1621 STRIKETHROUGH Measure: Shall the Seal Beach Charter be amended to make YES City Councilmembers ineligible for appointment as City Manager or as a Department Head while NO serving on the City Council and for three years thereafter? • If the voters adopt this Measure, Charter Sections 602 and 701 would be amended to read as follows: SECTION 602. Eligibility. No person shall be eligible to receive appointment as City Manager while serving as a member of the City Council or within one (1) year three (3) years after the member has ceased to be a City Councilmember. SECTION 701. Administrative Departments. The City Council may provide, by ordinance not inconsistent with this Charter, for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, and for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. Each new department created by the City Council shall be headed by an officer as department head that shall be appointed and may be suspended or removed by the City Manager. No person shall be eligible to receive appointment as a department head while serving as a member of the City Council or within three (3) years after the member has ceased to be a City Councilmember. The City Council, by ordinance or resolution, may assign additional functions or duties, to offices, departments or agencies not inconsistent with this Charter. Where the positions are not incompatible, the City Council may combine in one person the powers and duties of two (2) or more offices created or authorized by this Charter. No office provided in this Charter to be filled by appointment by the City Manager may be consolidated with any office to be filled by appointment by the City Council. The City Council shall provide for the number, titles, qualifications, powers, duties, and compensation of all officers and employees. Ordinance Number 1621 STRIKETHROUGH Measure: Shall the Seal Beach Charter be amended to allow YES the City Council to establish the City Manager's powers and duties by ordinance? NO If the voters adopt this Measure, Charter Sections 604 and 605 would be amended to read as follows: SECTION 604. Powers and Duties. The City Manager shall have the powers, and shall be required to perform the duties, specified by the City Council by ordinance. The City Manager shall - •• ••-- - •- -- • • - _ _ _ _ •- - • __ - -•--• _•e have the power and be required to: a) To enforce all laws and ordinances of the City and to c , b) To exercise administrative control over all departments, divisions and employees 1978) c) To appoint, promote, discipline, and remove employees of the City, except the (Amended 1978 and 2006) e) To attend all meetings of the City Council unless excused therefrom by the City Council. a as he/she deems necessary or expedient. g) To serve as finance officer and to keep the City Council fully advised as to the financial officer of the City. (Amended by Statutes 1973) h) To prepare and submit to the City Council an annual or bi annual budget and be i) To recommend a comprehensive salary plan for all City employees and-to �) To organize for and supervise the purchase of all supplies for all departmert-s-or divisions of the-City. No expenditure shall be submitted or recommended to the k) To make investigations into the affairs of the City and any department or division the City. I) To investigate all complaints in relation to matters concerning the administration • overnment of the City and in regard to the services maintained by public Utilities in the City. Ordinance Number 1621 STRIKETHROUGH other public property which is under the control Council. between the City and other levels of govennrnent, i.e., county, state, federal and other cities, when and if requested by the Council to de residents of the City when so directed by the City Council. q) To attend any and all meetings of any commissions or committees heretofore or of the City Council. r) To act as personnel officer for the City and to develop a comprehensive s) To perform such other duties and exercise such other powers as may bo the-City Council. SECTION 605. (Repealed 2012) following-elutes; a) Maintenance of financial records. Maintain all records readily reflecting the b) Report for fiscal year. At the end of each fiscal year, prepare and present to the City Council a summary statement of receipts and dicburcemonts Treasury. c) Publication of financial statement. Cause the financial statement of the City to be c) Monthly financial report. Prepare a monthly statement of all receipts and each of its departments. f) Licenses. Supervise and be in charge of all license issuance and inspection. g) Payroll records. Supervise and be in charge of all payroll records. li) Insurance policies. Maintain a-recefd of all insurance-policies and their expiration dates. i) Collection of taxes, assessments, etc. See that all taxes, assessments and other all other money receivable by the City from the county, state or federal collected, and perform such other duties that are from time t- assigned--to Ordinance Number 1621 STRIKETHROUGH Measure: Shall the Seal Beach Charter be amended to YES eliminate an obsolete article regarding the Board of Education? NO If the voters adopt this Measure, Article XII of the Seal Beach Charter would be amended to read as follows: ARTICLE XII (Repealed 2012) provisions of the laws of the State of California as the same now exists or hcrooftcr may-cxist ORDINANCE NUMBER 1621 AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY • CHARTER AND ORDERING THE SUBMISSION TO THE VOTERS OF MEASURES RELATING TO AMENDMENTS OF THE SEAL BEACH CITY CHARTER WHEREAS, under the provisions of the City Charter a General Municipal Election shall be held on Tuesday, November 6, 2012 for the election of Municipal Officers;and WHEREAS, the City Council also desires to submit to the voters at such election measures relating to amendments of the City Charter. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to §506 of the City Charter, the City Council hereby calls and orders to be held in the City of Seal Beach, California, on Tuesday, November 6, 2012, a General Municipal Election for the purpose of electing City Councilmembers for the full term of four years in Councilmanic District Two and Councilmanic District Four; and for the purpose of electing a City Clerk for the full term of four years; and SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following measures: (Ballot measure designations will be assigned by the County) Shall the Seal Beach Charter be amended to eliminate the YES municipal run-off election process? NO Shall the Seal Beach Charter be amended to make state law YES govern the waiting period for installation of newly elected NO officials? Shall the Seal Beach Charter be amended to allow the City YES Council to call an election by resolution? NO Shall the Seal Beach Charter be amended to make City Councilmembers ineligible for appointment as City Manager or YES as a Department Head while serving on the City Council and for NO three years thereafter? Shall the Seal Beach Charter be amended to allow the City YES Council to establish the City Manager's powers and duties by NO ordinance? Shall the Seal Beach Charter be amended to eliminate an YES obsolete article regarding the Board of Education? NO SECTION 3. The text of the proposed City Charter amendments to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. Ordinance Number 1621 SECTION 5. The City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar Recorder County Clerk 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 6. That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, pursuant to Elections Code §10242, except as provided in Elections Code§14401. SECTION 7.That in all particulars not recited in this Ordinance, the election shall be held and conducted as provided by the City Charter and other applicable law for holding municipal elections. SECTION 8. 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 9. The City Council authorizes the City Clerk to administer such election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance, shall cause the same to be published at least three times in the official newspaper of the City of Seal Beach ten days prior to the date of the election, and entered into the book of ordinances. SECTION 11. Pursuant to City Charter§416(a), this Ordinance shall take effect and be in force immediately upon its adoption. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach, California, at a meeting held on the 9th day of July , 2012. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance was passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 9th day of July , 2012, by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby certify that Ordinance Number 1621 has been published as required by law. City Clerk Ordinance Number 1621 EXHIBIT "A" BALLOT MEASURES AMENDING THE CHARTER OF THE CITY OF SEAL BEACH (Ballot designation will be assigned by the County) Measure: YES Shall the Seal Beach Charter be amended to eliminate the municipal run-off election process? NO _ If the voters adopt this Measure, Charter Sections 500, 502, and 509 would be amended to read as follows: SECTION 500. Municipal Elections. Municipal elections held in the City shall be classified as either: (Amended 2006, 2012) a) General Municipal Elections. b) Special Municipal Elections. SECTION 502. (Repealed 2012) SECTION 509. Number of Votes Needed for Elective Offices. The City Council shall declare the candidate who receives the highest number of votes cast for an office at any municipal election to be elected to such office. (Amended 2006,2012) Measure: YES Shall the Seal Beach Charter be amended to make state law govern the waiting period for installation NO of newly elected officials? If the voters adopt this Measure, Charter Section 400 would be amended to read as follows: SECTION 400. Elective Officers. The elective officers of the City shall consist of a City Clerk elected from the City at large, and five (5) members of the City Council, one (1) elected from each of the five (5) Councilmanic Districts as prescribed in Article V. The terms of elective officers shall be four(4) years and until their respective successors qualify. The term of each elective officer shall commence upon completion of the canvass and installation, which shall be performed by the deadline specified by state law. (Amended 1974, 1978, 2006, 2012) • Ordinance Number 1621 Measure: YES Shall the Seal Beach Charter be amended to allow the City Council to call an election by resolution? NO If the voters adopt this Measure,Charter Section 506 would be amended to read as follows: SECTION 506. Holding Elections. The City Council shall, by resolution, order the holding of all elections. Such resolution shall conform in all respects to the general law of the State of California governing the conduct of municipal elections, now or hereafter in force, except as in this Charter or by ordinance otherwise provided. (Amended 2012) Measure: Shall the Seal Beach Charter be amended to make YES_ City Councilmembers ineligible for appointment as City Manager or as a Department Head while NO _ serving on the City Council and for three years thereafter? If the voters adopt this Measure, Charter Sections 602 and 701 would be amended to read as follows: SECTION 602. Eligibility. No person shall be eligible to receive appointment as City Manager while serving as a member of the City Council or within three (3) years after the member has ceased to be a City Councilmember. (Amended 2012) SECTION 701. Administrative Departments. The City Council may provide, by ordinance not inconsistent with this Charter, for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, and for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. Each new department created by the City Council shall be headed by an officer as department head that shall be appointed and may be suspended or removed by the City Manager. No person shall be eligible to receive appointment as a department head while serving as a member of the City Council or within three (3)years after the member has ceased to be a City Councilmember. The City Council, by ordinance or resolution, may assign additional functions or duties, to offices, departments or agencies not inconsistent with this Charter. Where the positions are not incompatible, the City Council may combine in one person the powers and duties of two (2) or more offices created or authorized by this Charter. No office provided in this Charter to be filled by appointment by the City Manager may be consolidated with any office to be filled by appointment by the City Council. The City Council shall provide for the number, titles, qualifications, powers,duties, and compensation of all officers and employees. (Amended 2012) Ordinance Number 1621 Measure: Shall the Seal Beach Charter be amended to allow YES the City Council to establish the City Manager's powers and duties by ordinance? NO If the voters adopt this Measure, Charter Sections 604 and 605 would be amended to read as follows: SECTION 604. Powers and Duties. The City Manager shall have the powers, and shall be required to perform the duties, specified by the City Council by ordinance. (Amended 2012) SECTION 605. (Repealed 2012) Measure: Shall the Seal Beach Charter be amended to YES_ eliminate an obsolete article regarding the Board of Education? NO If the voters adopt this Measure, Article XII of the Seal Beach Charter would be amended to read as follows: ARTICLE XII (Repealed 2012) RESOLUTION NUMBER 6278 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REQUESTING THE BOARD OF SUPERVISORS OF THE • COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Seal Beach has called a General Municipal Election to be held on Tuesday, November 6, 2012, for the purpose of the election of two Members of the City Council (District 2 and District 4) for the full four year term of office and a City Clerk for the full four year term; and WHEREAS, the City Council is submitting to the voters at such election ballot measures relating to the amendments of City Charter; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City precincts, polling places, and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: SECTION 1. That pursuant to the requirements of§10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 6, 2012, for the purpose the election of two Members of the City Council (District 2 and District 4) for the full four year term of office and a City Clerk for the full four year term. SECTION 2. That the following measures are to appear on the ballot as follows: (Ballot measure designations will be assigned by the County) Shall the Seal Beach Charter be amended to eliminate the YES municipal run-off election process? NO Shall the Seal Beach Charter be amended to make state YES law govem the waiting period for installation of newly NO elected officials? Shall the Seal Beach Charter be amended to allow the City YES Council to call an election by resolution? NO Shall the Seal Beach Charter be amended to make City Councilmembers ineligible for appointment as City. YES Manager or as a Department Head while serving on the NO City Council and for three years thereafter? Shall the Seal Beach Charter be amended to allow the City YES Council to establish the City Manager's powers and duties NO by ordinance? Shall the Seal Beach Charter be amended to eliminate an YES obsolete article regarding the Board of Education? NO Resolution Number 6278 SECTION 3. The county election department is authorized to canvass the returns of the General 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. SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. The City of Seal Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for actual costs. SECTION 6. The Council hereby directs the City Clerk to file a certified copy of this resolution with the Board of Supervisors and the county election department " of the County of Orange. SECTION 7. 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 by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: • City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6278 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of July , 2012. City Clerk RESOLUTION NUMBER 6279 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6,2012 WHEREAS, Elections Code §13307 establishes requirements pertaining to candidate's statements prepared by any candidate for a non-partisan elective office. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Elections Code §13307, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Seal Beach on November 6, 2012 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 the 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. Except as provided in Elections Code§13309, the candidate's 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. Filing period: July 16th through August 10th, 2012. SECTION 2: FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidate's statements will be translated into all languages required by the County of Orange. The County is required to translate candidate's statements into the following languages in addition to English: Spanish, Chinese, Korean, and Vietnamese. SECTION 3: PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in A of Section 2 above, pursuant to Federal and\or State law. 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 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 main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required in A of Section 2 above, in the main voter pamphlet. C. 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 • Resolution Number 6279 1965 (as amended), and require each candidate filing a statement to pay in advance to the City 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 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. The General Municipal Election (November 6, 2012) is consolidated with the County of Orange and the Registrar of Voters office will determine the final cost for each city participating in the election. D. According to the City's comprehensive fee schedule there is a candidate's filing fee of$288.00(non-refundable). SECTION 4. MISCELLANEOUS. A. All translations shall be provided by professionally certified translators. B. Candidate's statement will comply with the formatting and submission guidelines provided by the City Clerk and of the Orange County Registrar of Voters. C. No candidate will be permitted to include additional materials in the sample ballot package. D. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. 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 all previous resolutions establishing City Council policy on payment for candidate's statements are repealed. SECTION 7. That this Resolution shall apply only to the General Municipal Election to be held on November 6,2012 and shall then expire. 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. (Intentionally Left Blank) Resolution Number 6279 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6279 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of, July , 2012. City Clerk RESOLUTION NUMBER 6280 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL SETTING PRIORITIES FOR FILING WRITTEN PRIMARY ARGUMENTS REGARDING CITY MEASURES, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF SUCH MEASURES WHEREAS, a General Municipal Election is to be held in the City of Seal Beach, California, on November 6, 2012, at which there will be submitted to the voters the following measures: Shall the Seal Beach Charter be amended to eliminate YES the municipal run-off election process? NO Shall the Seal Beach Charter be amended to make state YES law govern the waiting period for installation of newly NO elected officials? Shall the Seal Beach Charter be amended to allow the City YES Council to call an election by resolution? NO Shall the Seal Beach Charter be amended to make City Councilmembers ineligible for appointment as City YES Manager or as a Department Head while serving on the NO City Council and for three years thereafter? Shall the Seal Beach Charter be amended to allow the YES City Council to establish the City Manager's powers and NO duties by ordinance? Shall the Seal Beach Charter be amended to eliminate an YES obsolete article regarding the Board of Education? NO NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Council authorizes all members of the City Council to file a written argument In Favor of or Against City measure(s) not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Elections Code §9280 et seq. The arguments may be changed or withdrawn until and including August 6, 2012, the date set by the City Clerk (end of business day) after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed,with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s)of Argument. Section 2. If more than one argument for or more than one argument against any measure is submitted to the City Clerk by the date set in Section 1, the City Clerk shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument the City Clerk shall give preference and priority, in the order named,to the arguments of the following: Resolution Number 6280 (a) The City Council, or member or members of the City Council authorized by the City Council. (b) Bona fide associations of citizens. (c) Individual voters who are eligible to vote on the measure. Section 3. The City Council hereby directs the City Clerk to transmit a copy of the measures to the City Attorney. The City Attorney shall prepare an impartial analysis of each measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis for each measure shall be filed by August 6, 2012, the date set by the City Clerk for the filing of primary arguments, and such analysis shall not exceed five hundred (500) words in length. Section 4. 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 by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6280 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of July , 2012. City Clerk RESOLUTION NUMBER 6281 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT THE NOVEMBER 6, • 2012 GENERAL MUNICIPAL ELECTION WHEREAS, Elections Code§9285 authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for City measures submitted at municipal elections. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to Elections Code§9285, after the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding two hundred fifty (250) words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk accompanied by the printed name(s) and signature(s) of the person(s)submitting it, or if submitted on behalf of an organization the name of the organization, and the printed name and signature of at least one of its principal officers not more than ten (10) days after the final date for filing primary arguments (August 16, 2012). The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. Section 2. All previous resolutions providing for the filing of rebuttal arguments for City measures are hereby repealed. Section 3. That the provisions of Section 1 shall apply only to the election to be held on November 6, 2012, and shall then expire. Section 4. 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 by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk Resolution Number 6281 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6281 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of July ,2012. City Clerk RESOLUTION NUMBER 6282 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL PROVIDING FOR THE CONDUCT OF A RUN-OFF ELECTION IN THE EVENT NO CANDIDATE RECEIVES A MAJORITY (50% PLUS 1) OF ALL THE VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6,2012 THE SEAL BEACH CITY COUNCIL HEREBY RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. Pursuant to City Charter§509, if no candidate for an office receives a majority (50% plus 1) of all the votes cast for such office, there shall be a Municipal Run-off Election and the two candidates receiving the highest number of votes for such office at the General Municipal Election held on November 6, 2012 shall be the only candidates for such office printed upon the ballots at the Municipal Run-off Election. SECTION 2. Pursuant to City Charter §502, such Municipal Run-off Election shall be held on Tuesday, January 29,2013. SECTION 3. Pursuant to Seal Beach Municipal Code §2.05.020, the City Council hereby authorizes the Run-off Election be conducted through an all mailed ballot election. SECTION 3. 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 by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6282 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of July ,2012. City Clerk