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Home My WebLink AboutCC AG PKT 2014-06-23 #DDATE: June 23, 2014 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Linda Devine, City Clerk SE sY Adopt the necessary ordinance and resolutions to hold a General Municipal Election on Tuesday, November 4, 2014 for the purpose of electing City Council Members of the City Council for the full term of four years in Councilmanic District One, Councilmanic District Three, and Councilmanic District Five. Under the provisions of the City Charter a General Municipal Election shall be held for the election of Municipal Officers. SECTION 501. General Municipal Elections. General Municipal Elections shall be held on the first (Ist) 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. There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has approved as to form. Agenda Item — Q The estimated cost for the County of Orange to consolidate the City's General Municipal Election with the Statewide General Election on the November 4, 2014 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 included in the adopted 2014-2015 fiscal year budget. RECOMMENDATION: Adopt the following: 1) Ordinance No. 1641 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday November 4, 2014; 2) Resolution No. 6475 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 4, 2014; 3) Resolution No. 6476 adopting regulations for Candidate's Statements submitted to the voters-, and 4) Resolution No. 6477 providing for the conduct of a Municipal Run-off Election in the event no candidate receives 50% plus 1 votes to be held on Tuesday, January 27, 2015 — all mailed ballot election will be conducted (Martin & Chapman Co.). SUBMITTED BY: 'Li66a Devine, tity Clerk Attachment(s): HAMN A. Ordinance No. 1641 —Call Election B. Resolution No. 6475 — Consolidate with County C. Resolution No. 6476 — Candidate's Statement D. Resolution No. 6477 — Run-off =1 ORDINANCE NUMBER 1641 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 4, 2014, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER THE SEAL BEACH CITY COUNCIL DOES ORDAIN ASFOLLOWS: SECTION 1. Pursuant ho§58Gofthe City Charter, the City Council hereby calls and und»m to be held in the City of Seal Beach, California, on Tuaaday. November 4, 2014. a General Municipal Election for the purpose of electing City Cwunci|membena for the full term of four years in Counoi|manic District Dne, Counci|manic District Three, and Cpunci|manic District Five. SECTION 2. That the ballots to be used at the election shall be in form and content aa required bylaw. SECTION 3. The City Clerk is outhohzed, instructed, and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ba||ots, nodioea, printed ma#mr, and all aupp|iem, 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 bo open et7:O0a-m.uf the day of the election and shall remain open continuously from that time until 8:00 p.m. nf the same day when the puUo shall be closed, pursuant 10 Elections Code §1O242. except as provided in Elections Code §144O1. SECTION 5. That in all particulars not recited in this Ordinance, the election shall be held and conducted am provided bythe City Charter and other applicable law for holding municipal elections. SECTION G. That notice of the time and place of holding the election is given and the City Clerk is authohzed, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law. SECTION 7. |n accordance with the City Charter §5U0in the event nocandidate for an office receives u majority (5O% plus 1)of all the votes cast for such offims. there shall be 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 4, 2014 shall be the only candidates for such office printed upon the ballots at the Municipal Run-off Election as certified by the County of Orange Registrar- Recorder/County Clerk. Pursuant to City Charter §5O2. such Municipal Run-off Election for the election of officers shall be held on the last Tuesday in January in each odd-numbered year (January 27.2019) SECTION 8. 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 cf a properly submitted bill. SECTION 9. The City Clerk shall certify to the passage and adoption of this Drdinanma, shall cause the same to be published at least three times in the u0oim| newspaper ofthe City of Seal Beach ten days prior to the date of the election, and entered into the book ofordinances. SECTION 10. Pursuant to City Charter §416(a), this Ordinance shall take effect and bmin force immediately upon its adoption. Ordinance Number 1641 PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach, California, at a meeting held on the 23rd day of June 2014. Mayor ATTEST: City Clerk STATE OF CALIFORNIA I COUNTY OF ORANGE SS CITY OF SEAL BEACH 1, 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 ate meeting thereof held on the 23rd day of June , 2014, by the following vote: AYES: Council Me NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby certify that Ordinance Number 1641 has been published as required by law. City Clerk RESOLUTION NUMBER 6475 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 4, 2014 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 Sea[ Beach has called a General N1unicipalBoctionhubmheWonTueadmy.November4.2Q14.fbrthepurpnaeuf the election of two Members of the City Council (District 1, District 3, and District S) for the full four year term of office; 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 pneoncto, polling p|aumm, and election officers of the three elections be the oame, 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. The election will be held and conducted in accordance with the provisions of law regulating the statewide election NOVV. THEREFORE. the Som| Beach City Council does neso|xa, declare, determine, and order aafollows: SECTION 1. That pursuant to the requirements of§1U4O3of 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 4, 2014. for the purpose the election of three Members of the City Council (District 1, District 3, and District 5) for the full four year term ofoffice. SECTION 2. The county election department is authorized to canvass the returns of the General Municipal Election. The election sho|l be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. SECTION 3. 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 4. 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 5. The Council hereby directs the City Clerk to file e certified copy of this resolution with the Board of Supervisors and the county election department uf the County cfOrange. SECTION 6. The City Clerk ahu|| certify to the passage and adoption of this resolution and enter d into the book of original resolutions. (intentionally Left Blank) Resolution Number G47S PASSED, APPROVED and ADOPTED by the Seal Beach City Council at regular meeting held un the _2C}rd i day ofJune _ 2O14by the following vote: AYES Council Members NOES: Council Members ABSENT Council Members ABSTAIN: Council 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 Bemch, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6475 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the __231d___ day uf June _.2014. City Clerk 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 4^2014 WHEREAS, §133O7ofthe Elections Code of the State of California provides that the governing body ofany local agency adopt regulations pertaining to mabaha/m prepared by any candidate for m municipal alecdon, including costs of the candidates statement. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE 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 Seal Beach on November 4, 2014 may pnapmna a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation ofthe candidate and m 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 cmndidohy, nor membership or activity in partisan political organizations. The statement uhu|| be filed in the office of the City Clerk at the time the candidate's nomination papers are filed. Thmcandidate'setehementmaybewithdrewn^butnotohenged.duhngthepahod for filing nomination papers and until S:OO p.m. of the next working day after the dose of the nomination period. Filing period: July 14th through August Dth, 2O14� SECTION 2: FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting Rights Act, candidate's statement 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: Spenioh, Chineme, Korean, and Vietnamese. A. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter pamphlet. B. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required asopeuified in Section 2 above. pursuant to Federal and\or State law, but is requested as an option by the candidate. C. The City Clerk shall estimate the total cost of prinding, hand|ing, tnana|oting, and mailing the candidate's statements filed pursuant tothis sec±imn, including costs incurred as y result of complying with the Voting Rights Act of 1985 (as emended), and require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as condition of having his or her statement included in the voter's pamphlet, |n 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 moy, 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 ahm|| prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. The General Municipal Election (November 4, 2014) is consolidated with the County of Orange and the Registrar ofVoters office will determine the Resolution Number 847G final cost for each city participating in the election. D. According to the City's comprehensive fee schedule there is candidate's filing fee wf$25.00(npn-refundab|e) SECTION 4. A. All translations shall be provided by professionally certified translators. B. Candidate's mbab*nnant will comply with the formatting and submission guidelines provided by the City Clerk and of the Orange County Registrar ofVoters. C. The Oh/ Clerk shall omnop|y with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating toelections. D� 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 8, That all previous nnap!uUons 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 4, 2014 and the Municipal Run-off Election to ba held on January 27.2O15.if necessary, and shall then expire. SECTION 8. That the City Clerk shall certify tu the passage and adoption ofthis Resolution and enter it into the book of original resolutions. PASSED. APPROVED and ADOPTED by the Sea! Beach City Council at a regular meeting held onthe %3rd day of June .2U14by the following vote: /Y/ES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OFCALIFORNIA COUNTY OFORANGE }SS CITY C)F SEAL BEACH } |^ Linde Devine, City Clerk of the City of Seal Bnaoh, do hereby certify that the foregoing resolution iathe original copy of Resolution Number _f4J6_.on file in the office of the City Clerk, passed, approved, and adopted by the City Council at e regular meeting held on the _ %3rd___ day of__�h June _.2O14. City Clerk RESOLUTION NUMBER 6477 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL PROVIDING FOR THE CONDUCT OF AN ALL MAIL BALLOT MUNICIPAL RUN -OFF ELECTION IN THE EVENT NO CANDIDATE RECEIVES A MAJORITY (60% PLUS 1) OF ALL THE VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014 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 27, 2015, 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 (Martin & Chapman Co), 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 23rd day of June , 2014 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members T- • ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6477 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of June , 2014. City Clerk