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HomeMy WebLinkAboutItem 2b - Resolutions regarding All Mail Ballot ElectionEnd IUi'%I= 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. 1 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 2 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 2 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. 1 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. 2 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. 3 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] 12 Passed, approved, and adopted this day of , 2013. ATTEST: City Clerk APPROVED AS TO FORM: Step en P. Deitsch City Attorney 5 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; 1 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 2 Mayor of the City of Arcadia