HomeMy WebLinkAboutItem 2b - Resolutions regarding All Mail Ballot ElectionEnd
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TO:
FROM:
STAFF REPORT
Office of the City Clerk
December 3, 2013
Honorable Mayor and City Council Members
Dominic Lazzaretto, City Manager
Lisa Mussenden, Chief Deputy City Clerk /Records Manager
SUBJECT: ADOPTION OF RESOLUTIONS TO CONDUCT AN ALL MAIL BALLOT
GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 8, 2014
Recommendation: Adopt
SUMMARY
Pursuant to the provisions of the City Charter, the City of Arcadia will hold a General
Municipal Election on Tuesday, April 8, 2014, for the election of three (3) Members of
the City Council for the full term of four (4) years. In order to commence the election
process, the California Elections Code requires the City Council adopt certain
resolutions.
DISCUSSION
At their meeting on November 19, 2013, the City Council approved conducting the
General Municipal Election on Tuesday, April 8, 2014, as an all mail ballot election,
and directed staff to prepare the appropriate resolutions and bring back for City
Council action, as required by the California Elections Code. Those resolutions have
been prepared and are attached to this staff report.
FISCAL IMPACT
The impact to the General Fund is $115,000, which has already been approved in the
adopted FY 2013 -14 Budget.
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Adoption of All Mail Ballot General Municipal Election Resolutions
December 3, 2013
Page 2 of 2
RECOMMENDATION
It is recommended that the City Council adopt the following Resolutions to conduct an
All Mail Ballot General Municipal Election to be held on Tuesday, April 8, 2014:
Resolution No. 7003 calling for the holding of an All Mail Ballot General Municipal
Election on Tuesday, April 8, 2014, for the election of certain officers as required
by the City Charter.
2. Resolution No. 7004 adopting regulations for candidates for elective office
pertaining to candidate statements submitted to the voters at an All Mail Ballot
General Municipal Election to be held on Tuesday, April 8, 2014.
3. Resolution No. 7005 requesting the Board of Supervisors of the County of Los
Angeles to render specified services to the City relating to an All Mail Ballot
General Municipal Election to be held on Tuesday, April 8, 2014.
Attachments — Election Resolutions
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RESOLUTION NO. 7003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, CALLING FOR THE HOLDING OF AN ALL MAIL BALLOT
GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 8, 2014 FOR
THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE CITY
CHARTER
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to City Charter Section 1100, a General Municipal
Election shall be held on Tuesday, April 8, 2014, for the election of three (3) Members of
the City Council for a full term of four (4) years ending April 12, 2018. Said election
shall be conducted by all mail ballot pursuant to Arcadia Municipal Code Section 1703.
SECTION 2. The ballots to be used in the all mail ballot election shall be in the
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
all mail ballot election.
SECTION 4. All ballots cast in the All Mail Ballot General Municipal Election shall
be returned by mail, in person or other authorized person to the office of the City Clerk
no later than 8:00 p.m. on the date of election. Any ballot received by the Elections
Official by mail or at the office of the City Clerk after 8:00 p.m. on the date of election
shall not be counted.
SECTION 5. In all particulars not recited in this Resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 6. 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 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 properly submitted bills.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution and
shall cause notice of the election, the offices to be filled, and other matters relating to
the election to be given as required by the Elections Code of the State of California.
Passed, approved, and adopted this day of , 2013.
ATTEST:
City Clerk
APPROVED AS TO FORM:
� ;t . P. C
Stephen P. Deitsch
City Attorney
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Mayor of the City of Arcadia
RESOLUTION NO. 7004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ALL MAIL BALLOT GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 8, 2014
WHEREAS, Section 13307 of the Elections Code of the State of California
provides that the governing body of any local agency shall 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 ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the
Elections Code of the State of California, each candidate for elective office to be voted
for at the All Mail Ballot General Municipal Election to be held in the City of Arcadia on
April 8, 2014 may prepare a candidate's statement on an appropriate form provided by
the City Clerk for inclusion in the voter's pamphlet. The statement may include the
name, age and occupation of the candidate and a brief description of no more than two
hundred (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 format 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.
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SECTION 2. FOREIGN LANGUAGE POLICY.
(A) Pursuant to the Federal Voting Rights Act, the City is required to translate
candidate statements into Chinese, Korean, Spanish, and Vietnamese languages.
(B) Pursuant to State law, a candidate's statement must be translated and
printed in the voter pamphlet in any language at the candidate's request.
(C) The City Clerk shall:
(1) Translations
(a) have all candidate statements translated into the languages
specified in subsection (A) above; and
(b) have translated those statements into the languages as
requested by the candidate in subsection (B) above.
(2) Printing
(a) print all translations of all candidate statements in the main voter
pamphlet. The main voter pamphlet will be in English, Chinese, Korean, Spanish, and
Vietnamese.
(b) print any translations of candidates in the languages as requested
by the candidate in subsection (B) above.
SECTION 3. PAYMENT,
A. The candidate shall be required to pay for the cost of translating the
candidate's statement into any and all of the foreign languages
specified or described in subsections (A) and (B) of Section 2 above
pursuant to Federal and State law.
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B. The candidate shall be required to pay for the cost of printing the
candidate's statement in English in the main voter pamphlet.
C. The candidate shall be required to pay for the cost of printing the
candidate's statement in a foreign language required by subsection (A)
of Section 2 above in the main voter pamphlet.
D. The candidate shall be required to pay for the cost of printing the
candidate's statement in any foreign language requested by the
candidate pursuant to subsection (B) of Section 2 above in the main
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 City Clerk his or her
estimated pro rata share as a condition of having his or her statement included in the
voter pamphlet. The estimate of costs is just an approximation of the actual cost that
varies from one election to another and the actual cost may ultimately be significantly
more or less than the estimate, depending on the actual number of candidates filing
statements. Each candidate shall be required to pay upon receipt of an invoice his or
her prorated share of actual costs should those costs exceed the estimated amount
deposited. In the event of overpayment, the City Clerk shall prorate the excess amount
among the candidates and refund the excess amount paid within thirty (30) days of the
election.
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SECTION 4. MISCELLANEOUS.
A. All candidate statements shall be translated by court certified translators
provided by the City's election consultants.
B. The City Clerk shall allow bold type, underlining, capitalization, indentations,
bullets, and leading hyphens to the same extent and manner as allowed in
previous City elections.
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.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 6. 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. All previous resolutions establishing City Council policy on
payment for candidates' statements to the extent they are inconsistent herewith are
deemed to be of no further force or effect.
SECTION 8. This Resolution shall apply only to the election to be held on
April 8, 2014 and shall thereafter be deemed to be of no further force or effect.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
[SIGNATURES ON NEXT PAGE]
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Passed, approved, and adopted this day of , 2013.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Step en P. Deitsch
City Attorney
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Mayor of the City of Arcadia
RESOLUTION NO. 7005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO
THE CITY RELATING TO THE CONDUCT OF AN ALL MAIL BALLOT
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL
8, 2014
WHEREAS, an All Mail Ballot General Municipal Election is to be held in the City
of Arcadia, California, on April 8, 2014; and
WHEREAS, in the course of conduct 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 Arcadia.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Section 10002 of the Elections Code
of the State of California, this City Council requests the Board of Supervisors of Los
Angeles County to permit the County Election Department to prepare and furnish the
following for use in conducting the election:
1. A listing of county precincts with number of registered voters in each, so
the City may consolidate election precincts into city voting precincts, and
maps of the voting precincts;
2. The computer record of the names and addresses of all eligible registered
voters in the City in order that the City's consultant may:
a. Produce labels for vote -by -mail voters;
b. Produce labels for sample ballot pamphlets;
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3. Voter signature verification services as needed;
4. Election equipment and assistance as needed according to State law.
SECTION 2. 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. The City Clerk shall certify to the adoption of this Resolution and is
directed to forward without delay to said Board of Supervisors and to the County
Elections Department a certified copy of this Resolution.
Passed, approved, and adopted this day of , 2013.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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Mayor of the City of Arcadia