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HomeMy WebLinkAboutItem NAOF U 9cZ� AGENDA STAFF REPORT .. l 4./FORN�P DATE: June 25, 2018 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin Roberts, City Clerk SUBJECT: Call for Election — November 6, 2018 SUMMARY OF REQUEST: That the City Council adopt the following: 1. Ordinance 1670 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2018; 2. Resolution 6841 requesting 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, 2018; 3. Resolution 6842 adopting regulations for Candidate's Statements submitted to the voters; and 4. Resolution 6843 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 29, 2019. BACKGROUND AND ANALYSIS: 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 (1st) Tuesday after the first (1st) Monday in November in even - numbered years commencing with the year 2008. SECTION 505. Consolidation of Elections. The City Council shall have the power to submit to the electors of the City of Seal Beach, at any election, any measure or proposition required to be submitted by the constitution, this charter, general law, or by ordinance of the City. Agenda Item N 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. Further, the City Council must adopt a resolution requesting that the Orange County Board of Supervisors approve the consolidation and designate the County to canvass the returns of the election. At the June 11, 2018 City Council meeting, staff received direction to prepare an agenda item with the documents necessary to include a 1 % Sales Tax Measure on the November, 6, 2018 General Municipal Election ballot. Staff is in the process of preparing all required resolutions and notices, and will include this item on the next regularly scheduled meeting, which is July 23, 2018. The last day for filing direct arguments, a city attorney impartial analysis, and a fiscal impact statement with the Orange County Board of Supervisor and Registrar of Voters is August 10, 2018. The nomination period begins Monday, July 16, 2018 and ends Friday, August 10, 2018. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney reviewed and approved as to form the resolutions and the ordinance. FINANCIAL IMPACT: The estimated cost to consolidate the City's General Municipal Election with the County of Orange Statewide General Election on the November 6, 2018 ballot is approximately $35,000, plus the cost of a run -off election. If a run -off election is necessary the cost is approximately $30,000 per district. RECOMMENDATION: That the City Council adopt the following: 1. Ordinance 1670 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2018; Page 2 2. Resolution 6841 requesting 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, 2018; 3. Resolution 6842 adopting regulations for Candidate's Statements submitted to the voters; and 4. Resolution 6843 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 29, 2019. SUBMITTED BY: jgobia e. `JVbztb Robin Roberts, City Clerk NOTED AND APPROVED: YW .2.9n9W Jill R. Ingram, City Manager ATTACHMENTS: A. Ordinance 1670 — Calling Election B. Resolution 6841 — Consolidate with County C. Resolution 6842 — Candidate's Statement D. Resolution 6843 — Run -off Election Page 3 Attachment "A°' ORDINANCE 1670 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, 2018, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER 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, 2018, a General Municipal Election for the purpose of electing City Councilmembers for the full term of four years in Councilmanic District One, Councilmanic District Three, and Councilmanic District Five; and pursuant to §505. the City Council shall have the power to submit to the electors of the City of Seal Beach, at any election, any measure or proposition required to be submitted by the constitution, this charter, general law, or by ordinance of the City. SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. SECTION 3. The City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters Office 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 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 5. 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 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. In accordance with the City Charter §509 in the event 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, 2018 shall be the only candidates for such office printed upon the Ordinance 1670 ballots at the Municipal Run -off Election as certified by the County of Orange Registrar- Recorder /County Clerk. Pursuant to City Charter §502, 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 29, 2019). SECTION 8. The City Council authorizes the City Clerk to administer such election, and to contract for necessary services, and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. SECTION 9. 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 10. 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 25th day of June 2018. Mike Varipapa, Mayor ATTEST: Robin L. Roberts, City Clerk Ordinance 1670 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, 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 25th day of June . 2018, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: and do hereby certify that Ordinance 1670 has been published as required by law. Robin L. Roberts, City Clerk Attachment "B" RESOLUTION 6841 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, 2018 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, 2018, for the purpose of the election of three Members of the City Council (District 1, District 3, and District 5) 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 precincts, polling places, and election officers of the three 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. The election will be held and conducted in accordance with the provisions of law regulating the statewide election; NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: SECTION 1. 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, 2018, 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 of office. SECTION 2. The county election department of the County of Orange 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. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. SECTION 3. The Board of Supervisors is requested to issue instructions to the county election department of the County of Orange 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. Resolution 6841 SECTION 5. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange forthwith. SECTION 6. 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 25`h day of June , 2018 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mike Varipapa, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6841 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of June , 2018. Robin L. Roberts, City Clerk Attachment "C" RESOLUTION 6842 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, 2018 WHEREAS, §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 any candidate for a municipal election, 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 6, 2018 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. 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, 2018. 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 Korean in addition to English. The County will mail separate voter information guides and candidates statements in Korean to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates statements in the required languages available at all polling places, on the County's website, and in the Election Official's office. SECTION 3: PAYMENT. 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 as specified in Section 2 above, pursuant to Federal and \or State law, but is requested as an option by the candidate. Resolution 6842 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 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, 2018) 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 $25.00 (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. 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. D. No candidate will be permitted to include additional materials in the voters information guide. 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, 2018 and the Municipal Run -off Election to be held on January 29, 2019, if necessary, and shall then expire. Resolution Number 6842 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. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of June , 2018 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mike Varipapa, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6842 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25`" day of June , 2018. Robin L. Roberts, City Clerk Attachment "D" RESOLUTION 6843 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 (50% PLUS 1) OF ALL THE VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018 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, 2018 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, 2019. 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 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 25th day of June , 2018 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mike Varipapa, Mayor ATTEST: Robin L. Roberts, City Clerk Resolution 6843 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6843 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of June , 2018. Robin L. Roberts, City Clerk