Loading...
HomeMy WebLinkAbout14-182 Three Resolutions - Consolidation of Municipal and Statewide ElectionsREPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: VIRGINIA J. BLOOM, CITY CLERK DATE: JUNE 24, 2014 SUBJECT: Adoption of Three (3) Resolutions Pertaining to the Calling and Giving Notice of the Municipal General Election to be Held on November 4, 2014; Requesting Consolidation with the Statewide General Election; and Adopting Regulations Relating to Candidate Statements Recommendation: It is recommended the City Council approve and adopt: (A.) Resolution No. 2014 -040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF THE MUNICIPAL GENERAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 2014, FOR THE PURPOSE OF ELECTING TWO (2) COUNCIL MEMBERS AND REQUESTING THE COUNTY OF RIVERSIDE REGISTRAR OF VOTERS TO CONDUCT SAID MUNICIPAL GENERAL ELECTION (B.) Resolution No. 2014 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 (C.) Resolution No. 2014 -042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS FOR ELECTIVE OFFICE SUBMITTED TO THE VOTERS AT THE MUNICIPAL GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 Municipal Election Resolutions June 24, 2014 Page 2 of 2 Discussion The City's next regularly scheduled Municipal General Election is anticipated to be held on Tuesday, November 4, 2014. In that regard, the City Council must first adopt three resolutions relating to the specifics of the upcoming election, i.e. setting the date and requesting services of the County, requesting consolidation with the general statewide election, and setting regulations relating to submittals of candidate statements for publication. Presented with this report are the three resolutions for Council approval and adoption. Resolution No. 2014 -040 sets the date as Tuesday, November 4, 2014, and gives notice of holding the election for two (2) Council Member seats for full terms of four years each and requesting the Riverside County Board of Supervisors to direct the County Elections Department to render services. This Resolution provides that a tie vote be resolved by lot. This provision is necessary to avoid the necessity of a special election to determine the successful City Council candidate in the unlikely event of a tie vote. Resolution No. 2014 -041 requests consolidation with the Gubernatorial General Election. Resolution No. 2014 -042 sets out the regulations relating to submittal of candidate statements for publication in the Voter Information Pamphlet and Sample Ballots. Fiscal Impact The County has provided an estimate of the cost of this election to be approximately $56,000. Funds are included in the 2014 -15 proposed Fiscal Year Budget to cover the costs of this election. Prepared and Submitted by: Virginia J. Bloom, City Clerk Approved by: Grant Yates, City Manager Attachments: Resolution No. 2014 -040 Resolution No. 2014 -041 Resolution No. 2014 -042 RESOLUTION NO. 2014 -040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 2014, FOR THE PURPOSE OF ELECTING TWO (2) COUNCIL MEMBERS, AND REQUESTING THE COUNTY OF RIVERSIDE REGISTRAR OF VOTERS TO CONDUCT SAID GENERAL MUNICIPAL ELECTION WHEREAS, under Section 2.08.025 of the Lake Elsinore Municipal Code and applicable provisions of law relating to General Law cities in the State of California, a General Municipal Election shall be held on November 4, 2014, for the election of Municipal Officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to the requirements of Section 2.08.025 of the Lake Elsinore Municipal Code and applicable laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of Lake Elsinore, California, a General Municipal Election on Tuesday, November 4, 2014, of the qualified electors of the City for the purposes of electing two (2) members of the City Council for full terms of four years each. The two (2) incumbent members of the City Council are Daryl Hickman and Brian Tisdale. Section 2. That pursuant to the provision of Section 10002 of the Elections Code of the State of California the City Council requests the Board of Supervisors of the County of Riverside to permit the County Registrar of Voters to take any and all steps necessary for the holding of the General Municipal Election and that the County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. Section 3. That the ballots to be used at the General Municipal Election shall be, in form and content, such as may be required by law to be used in the General Municipal Election. Section 4. That the City Clerk is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed materials and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the General Municipal Election. City Council Resolution No. 2014 -040 Page 2 of 3 Section 5. That the polling places for the General Municipal Election shall be open at seven o'clock a.m. on the day of the General Municipal Election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polling places shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 6. That in all particulars not recited in this Resolution, the General Municipal Election shall be held and conducted as provided by law for holding general municipal elections in the City. Section 7. That notice of the time and place of holding the General Municipal Election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the General Municipal Election, in time, form and manner as required by law. Section 8. That the City Council desires the canvass of said General Municipal Election to be conducted by the Riverside County Registrar of Voters. Section 9. That the Riverside County Registrar of Voters shall, on the 6th day of November 2014, commence the canvass of the General Municipal Election to be held in said City on the 4th day of November, 2014, and shall certify the results to the City Clerk who shall bring it forward to the City Council for official adoption. Section 10. That in the event two or more candidates receive an equal number of votes, the resolution of a tie vote will be by lot. Section 11. That the City of Lake Elsinore shall reimburse the County of Riverside Registrar of Voters for the cost of services performed relative to the conduct of the General Municipal Election after completion of all work and upon presentation to the City Clerk of a properly detailed bill. City Council Resolution No. 2014 -040 Page 3 of 3 Section 12. That the City Clerk is hereby directed to forward a certified copy of this Resolution to the Riverside County Registrar of Voters. Section 13. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions of the City of Lake Elsinore. PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 24 day of June 2014. Natasha Johnson, Mayor ATTEST: Virginia J. Bloom, City Clerk FWATIJOITOATIXIDIFTAT. • 0;u Barbara Zeid Leibold, City Attorney RESOLUTION NO. 2014 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 WHEREAS, the City Council of the City of Lake Elsinore has called a General Municipal Election to be held on Tuesday, November 4, 2014 for the purpose of electing two (2) Members of the City Council; 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 of Riverside Registrar of Voters 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 LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. Pursuant to the requirements of the Section 10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to order the consolidation of the General Municipal Election with the Statewide Gubernatorial General Election to be held on Tuesday, November 4, 2014 for the purpose of the election of two (2) Members of the City Council. Section 2. That the consolidated election shall be held in all respects as if there were only one election, that only one form of ballot be used, and that the consolidated election will be held and conducted in the manner prescribed in Section 10418 of the Elections Code and in accordance with applicable law regulating the statewide election. Section 3. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City Clerk of a properly approved bill. Section 4. That the City Clerk is directed to forward to the Board of Supervisors and to the County Registrar of Voters each a certified copy of this Resolution. City Council Resolution No. 2014 -041 Page 2 of 2 Section 5. 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, at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 24 day of June 2014. Natasha Johnson, Mayor ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney RESOLUTION NO. 2014 -042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING REGULATIONS RELATING TO CANDIDATE STATEMENTS FOR ELECTIVE OFFICE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 WHEREAS, Section 13307 of the California Elections Code 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 optional candidate's statement; and WHERAS, Section 13307(b) of the California Elections Code states that the Statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing; and WHEREAS, the City Clerk is responsible for enforcing formatting requirements that exceed those acceptable by the County and wishes to streamline the review process by imposing limits relating to the format of candidate statements to block format, and prohibit Bolding, Capitalized Words, Italics, Underlining and Bullets. The City Clerk has final sign - off and approval of all candidate statements for elected city offices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. GENERAL PROVISIONS. A. Pursuant to Section 13307 of the California Elections Code each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Lake Elsinore on Tuesday, November 4, 2014, 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. 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, 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 of filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. B. The City Clerk shall require each candidate filing a statement to pay a deposit of six hundred dollars ($600), in advance as a condition of having his /her statement included in the voters' pamphlet. The City Clerk shall bill each candidate for any costs in excess of the deposit and /or shall refund any unused portion of said deposit. City Council Resolution No. 2014 -042 Page 2 of 3 Section 2. COPY OF RESOLUTION. The City Clerk shall provide each candidate a copy of this Resolution at the time nomination petitions are issued. Section 3. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidates' statements will be translated into all languages required by the County of Riverside. The County of Riverside is required to translate all candidate statements into Spanish. B. The County will print and mail sample ballots and candidates statements to all voters in English and Spanish. 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 City Clerk's Department for the City of Lake Elsinore. Section 4. PAYMENT. A. Translations. 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (A) of Section 3 herein, pursuant to Federal and /or State law. B. Printincl. 1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the Sample Ballot and /or voter information pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required in (A) of Section 3 above, in the Sample Ballot. 3. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this Resolution, 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 for his /her statement to be included in the Sample Ballot and /or voters' information pamphlet. An estimated payment is required and the estimate is just an approximation of the actual cost that varies from one election to another 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 expenses or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk will require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the date of the final billing from the County of Riverside Registrar of Voters' office. Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the Sample Ballot. City Council Resolution No. 2014 -042 Page 3 of 3 Section 6. REPEAL. That all previous resolutions establishing City Council policy on payment for candidates' statements are repealed. Section 7. CERTIFICATION. 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, at a regular meeting of the City Council of the City of Lake Elsinore, California, held on the 24 day of June 2014. Natasha Johnson, Mayor ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney