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HomeMy WebLinkAbout11 - CC-11 - Resolutions Relating to the Calling of G - 6/7/2016CITY COUNCIL AGENDA REPORT MEETING DATE: June 7, 2016 ITEM NUMBER: CC -11 SUBJECT: RESOLUTIONS RELATING TO THE CALLING OF THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2016 DATE: May 25, 2016 FROM: CITY CLERK'S OFFICE PRESENTATION BY: BRENDA GREEN, CITY CLERK FOR FURTHER INFORMATION Brenda Green, City Clerk CONTACT: (714) 754-5225 RECOMMENDATION: Staff recommends that the City Council take the following actions: 1. City Council adopt resolution No. 16-26, to be read by title only and waive further reading, calling and giving notice to conduct a General Municipal Election on November 8, 2016 for the election of three members to the City Council; and 2. Adopt resolution No. 16-27, to be read by title only and waive further reading, requesting the Orange County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election and to issue instruction to the Orange County Registrar of Voters Elections Department to provide specific services in the conduct of the consolidated election; and 3. Adopt resolution No. 16-28, to be read by title only and waive further reading, adopting regulations pertaining to Candidates Statements. BACKGROUND: Pursuant to Costa Mesa Municipal Code Section 2-14, the city's general municipal elections are held in November of even -numbered years, concurrent with the statewide elections. Three council seats will be available in the coming election, each serving a full term of four years. The terms of office for current Mayor Stephen Mensinger, and Council Members Sandra Genis and Gary Monahan. As provided in California Elections Code Section 10403, the city is requesting that the County Board of Supervisors consolidate the proposed General Municipal Election with the Statewide General Election to be held on November 8, 2016. Additionally, there is a request to instruct the Orange County Registrar of Voters (ROV) to conduct the election with the city agreeing to reimburse the county for pertinent services performed in the 1 conduct of the General Municipal Election. An estimated amount of $150,000 has been included in the Fiscal Year 2016-17 preliminary budget for this purpose. ANALYSIS: Elections are held in accordance with the provisions of the California Elections Code. The council terms are staggered and, therefore, three seats will become vacant during this election cycle. It has been a long standing practice to consolidate the general municipal elections with the ROV, along with the statewide elections held in the even numbered years. Consolidation of the General Municipal Election with the county is cost-effective and reduces the duplication of efforts and expenses. ALTERNATIVES CONSIDERED: No alternatives have been considered, as it is mandated by state code that the elections be held. FISCAL REVIEW: The amount of $150,000 for this expenditure is included in the Fiscal Year 2016-17 preliminary budget. LEGAL REVIEW: The City Attorney has reviewed the resolutions and approved them as to form. CONCLUSION: As required by the California Elections Code, the attached resolutions are presented for adoption in preparation of the General Municipal Election. Once adopted, certified copies of the resolution requesting consolidation will be forwarded to the County Board of Supervisors and the Orange County Registrar of Voters' Election Division. The appropriate legal notices will be published and the nomination period will begin on Monday, July 18, 2016 through Friday, August 12, 2016, 5:00 p.m. ,&JA k ffv�- BRENDA GRE N City Clerk STEPHEN DUNIVENT Interim Finance Director ATTACHMENTS: 1 2 3 RICHARD L. FRANCIS Assistant Chief Executive Officer Resolution Calling General Municipal Election Resolution Requesting Consolidation Resolution adopting regulations for Candidates Statements 2 ATTACHMENT 1 RESOLUTION NO. 16-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2016, for the election of Municipal Officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Costa Mesa, California, on Tuesday, November 8, 2016, a General Municipal Election for the purpose of electing three (3) members of the City Council for the term of four years. SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters 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 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when said polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, said election shall be held and conducted as provided by 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 such further or additional notice of the election, in the time, form, and manner required by law. SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Orange Registrar of Voters, the City Council, in accordance with Election Code Section 15651 (a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot. Resolution No. 16-26 Page 1 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. SECTION 9. 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. PASSED AND ADOPTED this 7th day of June, 2016. Stephen M. Mensinger, Mayor ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 16-26 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of June, 2016, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8th day of June, 2016. BRENDA GREEN, CITY CLERK Resolution No. 16-26 Paae 2 ATTACH ME NT 2' RESOLUTION NO. 16-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Costa Mesa called a General Municipal Election to be held on November 8, 2016 for the purpose of electing three members of the City Council for the term of four years; 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 the 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 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 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 8, 2016, for the purpose of electing three members of the City Council for the term of four years. SECTION 2. That the Orange 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. 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. That the City of Costa Mesa recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. Resolution No. 16-27 Page 1 SECTION 5. That 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. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED this 7t" day of June, 2016. Stephen M. Mensinger, Mayor ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 16-27 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7t" day of June, 2016, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8t" day of June, 2016. BRENDA GREEN, CITY CLERK Resolution No. 16-27 Page 2 ATTACHMENT 3 RESOLUTION NO. 16-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, 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 8, 2016 WHEREAS, Section 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; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: GENERAL PROVISIONS. That pursuant to Section 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 Costa Mesa on Tuesday November 8, 2016 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 party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form and electronic format (as specified by the City Clerk) 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. SECTION 2: FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidates 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: Spanish, Chinese, Korean, and Vietnamese. B. The County will print and mail separate sample ballots and candidates statements in Spanish, Chinese, Korean, and Vietnamese to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots 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. Translations: 1. The candidate shall be required to pay for the cost of translating the candidates statement Resolution No. 16-28 Page 1 into any required foreign language as specified in (A) and/or (B) 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 candidates statement into any foreign language that is not required as specified in (A) and/or (B) 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 candidates statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. 3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. 4. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet. 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 local agency 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 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 clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4: MISCELLANEOUS. A. All translation shall be provided by professionally -certified translators. B. 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: ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. Resolution No. 16-28 Page 2 SECTION 6: 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 7: That all previous resolutions establishing council policy on payment for candidates statements are repealed. SECTION 8: That this Resolution shall apply only to the general municipal election on November 8, 2016 and shall then be repealed. SECTION 9: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED this 7th day of June, 2016. Stephen M. Mensinger, Mayor ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 16-28 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of June, 2016, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8th day of June, 2016. BRENDA GREEN, CITY CLERK Resolution No. 16-28 Page 3