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HomeMy WebLinkAboutE-4 Staff Report - General Municipal Election March 3, 2020 CONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ADRIAN GARCIA, MMC, CHIEF DEPUTY CITY CLERK DATE: OCTOBER 21, 2019 SUBJECT: ADOPTION OF RESOLUTIONS PERTAINING TO THE MARCH 3, 2020 GENERAL MUNICIPAL ELECTION AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER FULL SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2020, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE BACKGROUND: In preparation for the March 3, 2020, General Municipal Election, it is necessary for the City Council to adopt certain resolutions in connection with the election. In addition, certain election services and supplies are required for the election. RECOMMENDATIONS: Staff recommends the City Council take the following actions: 1)Adopt Resolution No. 2019-C39, calling for the holding of a General Municipal Election to be held on Tuesday, March 3, 2020, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities; and 2)Adopt Resolution No. 2019-C40, requesting the Board of Supervisors of the County Los Angeles to render full services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, March 3, 2020; and 3)Adopt Resolution No. 2019-C41, adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at the General Municipal Election to be held on Tuesday, March 3, 2020. APPROVED CITY COUNCIL 10/21/2019 ADOPTION OF RESOLUTIONS PERTAINING TO THE MARCH 3, 2020 GENERAL MUNICIPAL ELECTION October 21, 2019 Page 2 ANALYSIS: The City will be electing a Mayor to respective full two year term and two members of the City Council to respective full four year terms. Pursuant to California Elections Code Section 10407, the following timetable will apply: November 12, 2019 First day to issue nomination papers December 6, 2019 Close of nomination period at 12:00 P.M., and last day to call an election for ballot measures. December 11, 2019 Five day extension of nomination period if an incumbent does not file. There are several proposed resolutions to be adopted. The first resolution calls a General Municipal Election to be held on March 3, 2020. The second resolution authorizes the County Registrar-Recorder to perform election services for the City and authorizes the City Manager to reimburse the County of Los Angeles for performance of such services. Finally, the third resolution sets regulations for candidates for elective office pertaining to the candidate statement and establishes that statements shall not exceed 200 words and shall be submitted to the Office of the City Clerk with nominating documents, as required by § 13307 of the California Elections Code. The Candidates Statement estimated cost for printing is $1,200 as well as a filing fee of $25.00 set by Ordinance No. 2014. FISCAL IMPACT: The estimated cost of conducting the 2019 General Municipal Election is estimated at $120,000. The FY 2019/20 City Clerk election budget is $70,000 under Account #10-15-210-000-7060. When Staff is informed of the final election cost from the County later in the fiscal year, Staff will come back to Council and request for additional budget authority during the FY 2019/20 Mid Year budget review. Prepared by: Reviewed and Approved: Adrian Garcia, MMC Sergio Gonzalez Chief Deputy City Clerk City Manager Attachments: 1)Resolution No. 2019-C39 2)Resolution No. 2019-C40 3)Resolution No. 2019-C41 RESOLUTION NO. 2019-C39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2020, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. WHEREAS, under the provisions of the law relating to general law cities in the State of California, a General Municipal Election shall be held on March, 3, 2020, for the election of Municipal Officers; and NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES 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 Azusa, California, on Tuesday, March 3, 2020, a General Municipal Election for the purpose of electing a Mayor for the full term of two years, and two Members of the City Council for the full term of four years. SECTION 2. That the ballots be used at the election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipments and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the vote centers for the election shall be open at seven o’ clock a.m. (7:00 a.m.) of the day of the election and shall remain open continuously from that time until eight o’ clock p.m. (8:00 p.m.) of the same day when the centers shall be closed, pursuant to the Election code § 10242, except as provided in § 14401 of the Elections Code of the State of California. SECTION 5. That pursuant to § 15651(b) of the Elections Code of the State of California, 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 to be voted for within the city), as certified by the City Clerk, there shall be held within the City a Special Runoff Election to resolve the tie vote. The City Council shall call and hold a Special Runoff Election on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by the law for holding municipal elections. REVISED SECTION 7. That notice of the time and place of holding the election is given and the City Clerk or his designee is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by the law. 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, APPROVED and ADOPTED this 21st day of October, 2019. ___________________________________ Joseph Romero Rocha Mayor ATTEST: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2019-C39 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 21st day of October, 2019, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr., City Clerk APPROVED AS TO FORM: ___________________________________ City Attorney Best Best & Krieger, LLP RESOLUTION NO. 2019-C40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY TO RENDER FULL SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2020. WHEREAS, a General Municipal Election is to be held in the City of Azusa, California, on March 3, 2020, and WHEREAS, in the course of the conduct of the election it is necessary for the City to request services of Los Angeles County, and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Azusa. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA 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 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 city may consolidate election precincts into city voting precincts, and maps of voting precincts; 2.A list of vote centers and center workers the county uses for their elections; 3.The computer record of the names and address of all eligible registered voters in the city for: a.Printing and mailing of vote-by-mail packets; b.Printing and mailing of sample ballot pamphlets; c.Printing of Rosters of Voters and Street Indexes; 4.Voter signature verification services as needed; 5.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. REVISED 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. PASSED, APPROVED and ADOPTED this 21st day of October, 2019. ___________________________________ Joseph Romero Rocha Mayor ATTEST: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2019-C40 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 21st day of October, 2019, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr., City Clerk APPROVED AS TO FORM: ___________________________________ City Attorney Best Best & Krieger, LLP RESOLUTION NO. 2019-C41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2020. 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 candidate’s statement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, 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 Azusa on March 3, 2020 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 the party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time that 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, the city is required to translate candidate’s statements into the following languages: Spanish B.Pursuant to State Elections Code Section 13307 (b), the candidate’s statement must be translated and printed in the voters pamphlet in any language at the candidates request. C.The City Clerk shall: 1.Translations: (a)have all candidates statements translated into the languages specified in (A) above. (b)have translated those statements into the languages as requested by the candidate in (B) above. REVISED 2 2. Printing: (a) print all translations of all candidates’ statements in the main voter pamphlet. The main voter pamphlet will be in English and Spanish. (b) have all translations made available upon request in the office of the City Clerk. SECTION 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidates’ statement 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 candidate’s 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 candidate’s statement in a foreign language requested by the candidate per (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 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 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. 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 3 excess amount paid within 30 days of the election. SECTION 4. MISCELLANEOUS. A. All translations 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. 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 election to be held on March 3, 2020, 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, APPROVED and ADOPTED this 21st day of October, 2019. ___________________________________ Joseph Romero Rocha Mayor ATTEST: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2019-C41 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 21st day of October, 2019, by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr., City Clerk APPROVED AS TO FORM: ___________________________________ City Attorney Best Best & Krieger, LLP