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HomeMy WebLinkAboutCC AG PKT 2010-12-13 #V AGENDA STAFF REPORT DATE: December 13, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Linda Devine, City Clerk SUBJECT: CALL FOR RUN -OFF ELECTION - JANUARY 25, 2011 SUMMARY OF REQUEST: Adopt the necessary ordinance and resolution to hold a Municipal Run -off Election on Tuesday, January 25, 2011 for the purpose of electing City Council Member of the City Council for the full term of four years in Councilmanic District One. BACKGROUND: The City Council adopted, Resolution No. 6012 on June 14, 2010 providing for the conduct of a all mail ballot Run -off Election in the event no candidate received a majority (50% Plus 1) of all the votes cast at the General Municipal Election held on November 2, 2010. • 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. • Pursuant to Charter §502, such Municipal Run -off Election shall be held on Tuesday, January 25, 2011. • 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. The elections official will be processing the returned vote -by -mail voter ballots in the Council Chambers and is requesting that the City Council cancel the Council meeting scheduled for January 24th. The canvassing of the election will be held Agenda Item V Page 2 in the Council Chambers on January 25th with results being reported beginning at 8:00 p.m. (it will also be live on SBTV3). FINANCIAL IMPACT: The 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 plus the cost of a run -off election, if necessary (all mail ballot election — Martin & Chapman) has been budgeted in the fiscal year 2010 -2011 budget ($50,000). RECOMMENDATION: Adopt the following: 1) Ordinance No. 1603 calling and giving notice of the holding of a Municipal Run -off Election to be held on Tuesday January 25, 2011. 2) Resolution No. 6094 requesting that the Board of Supervisors of the County of Orange to permit the County Election Department to prepare and furnish the necessary services for use in conducting the mail ballot election SUBMITTED BY: NOTED AND APPROVED: A r. II nnA,(A �I�+m0 a Devine, ity Clerk David Car any, City Manager Attachment: A. Ordinance No. 1603 B. Resolution No. 6094 ORDINANCE NUMBER 1603 AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A MUNICIPAL RUN -OFF ELECTION TO BE HELD ON TUESDAY, JANUARY 25, 2011 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER WHEREAS, under the provisions of the City Charter a Municipal Run -off Election shall be held on Tuesday, January 25, 2011 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 §502 of the City Charter, the City Council hereby calls and orders to be held in the City of Seal Beach, California, on Tuesday, January 25, 2011, a Municipal Run -off Election for the purpose of electing City Council Members of the City Council for the full term of four years in Councilmanic District One. SECTION 2. 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 3. Pursuant to §507 of the Seal Beach Official Charter and Ordinance Number 1539 the election shall be held and conducted as provided by law for holding all- mailed ballot municipal elections. SECTION 4. The 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 5. 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 6. 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 7. Pursuant to Charter §416, 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 13th day of December , 2010. Mayor ATTEST: City Clerk Ordinance Number 1603 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 13th day of December L 2010, by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby certify that Ordinance Number 1603 has been published as required by law. City Clerk RESOLUTION NUMBER 6094 A RESOLUTION OF THE SEAL BEACH CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A MUNICIPAL RUN -OFF ELECTION TO BE HELD ON TUESDAY, JANUARY 25, 2011 WHEREAS, a Municipal Run -off Election is to be held in the City of Seal Beach, California, on Tuesday, January 25, 2011; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Seal Beach; NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of § 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish the following for use in conducting the election: 1. The computer record of the names and address of all eligible registered voters in the City in order that the City's consultant may: (December 20, 2010 and January 11, 2011) a. Produce labels for vote -by -mail voters; b. Produce labels for sample ballot pamphlets; c. Print Rosters of Voters and Street Indexes; 2. Voter signature verification services as needed; 3. Make available to the City election equipment and assistance as needed according to state law. SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. • SECTION 4. 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 6094 PASSED, APPROVED and ADOPTED by the City Council at a regular meeting held on the 13th day of December , 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 6094 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of December , 2010. City Clerk