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HomeMy WebLinkAboutCC AG PKT 2010-06-14 #LAGENDA STAFF REPORT DATE: June 14, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Linda Devine, City Clerk SUBJECT: CALL FOR ELECTION -NOVEMBER 2, 2010 SUMMARY OF REQUEST: Adopt the necessary ordinance and resolutions to hold a General Municipal Election on Tuesday, November 2, 2010 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. BACKGROUND: 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 506. Holdinq 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. 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 2, 2010 ballot would be from $30,000 to $40,000, plus the cost of a run -off election, if necessary (all mail ballot election — Martin & Chapman). This has been budgeted in the fiscal year 2010 -2011 budget. Agenda Item L Page 2 RECOMMENDATION: Adopt the following: 1) Ordinance No. 1596 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday November 2, 2010. 2) Resolution No. 6010 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 2, 2010. 3) Resolution No. 6011 adopt regulations for Candidate Statements submitted to the voters. 4) Resolution No. 6012 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 25, 2011 — all mail -in ballot election will be conducted. SUBMITTED BY: A VI - 1, Vk U66 Devine, bity Clerk NOTED AND APPROVED: David Carmany, City Manager Attachment: A. Ordinance No. 1596 B. Resolutions (3) ORDINANCE NUMBER 1 596 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 2, 2010, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER WHEREAS, under the provisions of the City Charter a General Municipal Election shall be held on Tuesday, November 2, 2010 for the election of Municipal Officers; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH 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 2, 2010, a General Municipal Election 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. SECTION 2. 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 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. 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 Election Code §10242, except as provided in §14401 of the Elections Code of the State of California. 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 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. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. SECTION 8. 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 9. Pursuant to Charter §416, this ordinance shall take effect and be in force immediately upon its adoption. Ordinance Number 1596 PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach, California, at a meeting held on the 28th day of June . 2010. ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH ) Mayor 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 14th day Of June . 2010, by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby certify that Ordinance Number 1596 has been published as required by law. City Clerk RESOLUTION NUMBER 6010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 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 2, 2010, 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 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 2, 2010, 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. SECTION 2. 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 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 a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 6. 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 6010 PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 14th day of June , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members ATTEST: City Clerk Mayor 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 6010 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of June , 2010. City Clerk RESOLUTION NUMBER 6011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 THE CITY COUNCIL OF THE CITY OF SEAL BEACH 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 2, 2010 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. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form and submitted on a computer disk in the office of the City Clerk at the time the candidate's nomination papers are filed. The 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 12th through August 6th, 2010. SECTION 2: FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, the City is required to translate candidates' statements into the following languages in addition to English: Spanish, Chinese, Korean, and Vietnamese. B. The Orange County Registrar of Voters shall have all candidates' statements translated into the official languages specified in Section 2.A; and these translations shall be made available upon request in the office of the City Clerk. 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 and for translating the candidates' statements into all of the foreign languages as specified in Section 2.13 pursuant to State and /or Federal law. B. The candidate shall be required to pay additional related charges if requested by the candidate that any other foreign language translation be printed in the voter's pamphlet. C. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' 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 the estimated pro rata share as a condition of having their statement included in the voter's pamphlet. 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 within 30 days of the election. The General Municipal Election (November 2, 2010) is consolidated with the County of Orange and the OC Registrar of Voters office will determine the final cost for each city participating in the election. Resolution Number 6011 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. 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 council policy on payment for candidate's statements are repealed. SECTION 7. That this resolution shall apply only to the election to be held on November 2, 2010 and shall then be repealed. 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 City Council of the City of Seal Beach at a regular meeting held on the 14th day of June , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members ATTEST: City Clerk Mayor 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 xxxx on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of June , 2010. City Clerk RESOLUTION NUMBER 6012 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 2, 2010 The Seal Beach City Council hereby resolves and orders as follows: SECTION 1. Pursuant to the City Charter, if no candidate for an office receives a majority (50% plus 1) of all the votes cast, there shall be a Municipal Run -off Election and the two candidates receiving the highest number of votes at the General Municipal Election held on November 2, 2010 shall be the only candidates for such office printed upon the ballots at the Municipal Run -off Election. SECTION 2. Pursuant to Charter §502, such Municipal Run -off Election shall be held on Tuesday, January 25, 2011. SECTION 3. Pursuant to the 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 City Council of the City of Seal Beach at a regular meeting held on the 14th day of June , 2010 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 6012 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of June , 2010. City Clerk