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HomeMy WebLinkAboutE-8 Staff Report - General Municipal Election November 8, 2022 CONSENT ITEM E-8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ADRIAN GARCIA, MMC, CHIEF DEPUTY CITY CLERK DATE: JUNE 6, 2022 SUBJECT: ADOPTION OF RESOLUTIONS PERTAINING TO THE NOVEMBER 8, 2022 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, NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE BACKGROUND: In preparation for the November 8, 2022, 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. 2022-C40, calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, 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. 2022-C41, 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, November 8, 2022; and 3)Adopt Resolution No. 2022-C42, 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, November 8, 2022. APPROVED CITY COUNCIL 6/6/2022 ADOPTION OF RESOLUTIONS PERTAINING TO THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION June 6, 2022 Page 2 ANALYSIS: The City will be electing a Mayor to respective full two-year term, two members of the City Council to respective full four-year terms, one Member of the City Council for the Unexpired Term expiring November 12, 2024, a City Clerk to respective full four-year terms and a City Treasurer to respective full four-year terms. Pursuant to California Elections Code Section 10407, the following timetable will apply: July 18, 2022 First day to issue nomination papers August 12, 2022 Close of nomination period at 12:00 P.M., and last day to call an election for ballot measures. August 17, 2022 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 November 8, 2022. 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 2022 General Municipal Election is estimated at $110,000. Funding of $110,000 for the proposed Election will be requested through the FY2022-23 annual budget approval process under Account #10-15-210-000-7060. Prepared by: Fiscal Impact Reviewed By: Adrian Garcia, MMC Talika M. Johnson Chief Deputy City Clerk Director of Administrative Services Reviewed and Approved Sergio Gonzalez City Manager ADOPTION OF RESOLUTIONS PERTAINING TO THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION June 6, 2022 Page 3 Attachments: 1) Resolution No. 2022-C40 2) Resolution No. 2022-C41 3) Resolution No. 2022-C42 RESOLUTION NO. 2022-C40 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, NOVEMBER 8, 2022, 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 November 8, 2022, 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, November 8, 2022, a General Municipal Election for the purpose of electing a Mayor for the full term of two years, two Members of the City Council for the full term of four years, one Member of the City Council for the Unexpired Term expiring November 12, 2024, a City Clerk for the full term of four years and a City Treasurer 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 and Chief Deputy City Clerk are 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 or Chief Deputy 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. Attachment 1 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. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk or Chief Deputy City Clerk 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 or Chief Deputy 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 6th day of June, 2022. ____________________________________ Robert Gonzales 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. 2022-C40 was duly adopted by the City Council, at a regular meeting of said Agency held on the __ day of ____, 2022, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ Best, Best & Krieger, LLP City Attorney RESOLUTION NO. 2022-C41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Azusa called a General Municipal Election to be held on Tuesday, November 8, 2022 for the purpose of the election of electing a Mayor for the full term of two years, two Members of the City Council for the full term of four years, one Member of the City Council for the Unexpired Term expiring November 12, 2024, a City Clerk for the full term of four years and a City Treasurer for the full 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 Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 8, 2022 for the purpose of electing a Mayor for the full term of two years, two Members of the City Council for the full term of four years, one Member of the City Council for the Unexpired Term expiring November 12, 2024, a City Clerk for the full term of four years and a City Treasurer for the full term of four years. SECTION 2. That the 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 Azusa recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. 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 Los Angeles. Attachment 2 . 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, APPROVED AND ADOPTED this 6th day of June, 2022. ____________________________________ Robert Gonzales 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. 2022-C41 was duly adopted by the City Council, at a regular meeting of said Agency held on the __ day of ____, 2022, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ Best, Best & Krieger, LLP City Attorney RESOLUTION NO. 2022-C42 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, NOVEMBER 8, 2022. 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 November 8, 2022 may prepare a candidate’s statement on an appropriate form provided by the City Clerk or Chief Deputy 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 or Chief Deputy 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 Attachment 3 2 candidate in (B) above. 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 or Chief Deputy 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 or Chief Deputy 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 3 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 translations shall be provided by professionally-certified translators. B. The City Clerk or Chief Deputy 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 or Chief Deputy 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 November 8, 2022, 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 6th day of June, 2022. ____________________________________ Robert Gonzales 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. 2022-C42 was duly adopted by the City Council, at a regular meeting of said Agency held on the __ day of ____, 2022, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ Best, Best & Krieger, LLP City Attorney