HomeMy WebLinkAbout07 2008 MUNICIPAL ELECTION 06-17-08AGENDA REPOR
MEETING DATE: JUNE 17, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: MARIA R. HUIZAR, CHIEF DEPUTY CITY CLERK
SUBJECT: NOVEMBER 4, 2008 GENERAL MUNICIPAL ELECTION
SUMMARY:
Adoption of the proposed resolutions will call the election, consolidate election services
with the County Orange, and set the candidate statement fees and regulations.
RECOMMENDATIONS:
Adopt Resolution No. 08-46 calling and giving notice of election and requesting the
Board of Supervisors of Orange County to consolidate a General Municipal Election
of the City of Tustin with the State's General Election.
2. Adopt Resolution No. 08-47 establishing a charge for candidates' statements to be
submitted to the electorate in the November 2008 General Municipal Election.
FISCAL IMPACT:
The cost to consolidate the general municipal election with the State and County's
general election is estimated to be $30,000. Funds for these administrative costs will be
available in the 2008-09 Fiscal Year Budget.
BACKGROUND:
The City of Tustin's General Municipal Election is scheduled for November 4, 2008, to
elect three (3) members of the City Council for full terms of four years each. Adoption of
the proposed resolutions is required for the election to proceed as scheduled and to set
regulations for candidate statements.
Pursuant to Section 10403 of the California Elections Code, the City Council is required
to formally request consolidation of the City's general election with the State's general
election. The subject resolution fulfills this requirement by requesting that the Board of
Supervisors of Orange County consolidate the general election and authorizes the
Board of Supervisors to canvass the election returns.
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Candidates for City Council may choose to have a candidate's statement sent to each
voter as part of the Voter Information Pamphlet. Candidate statements are produced at
the candidate's request and the election code allows the Council to establish a charge
to be levied against candidates in order to recover the cost of printing, handling, mailing,
and to comply with the minority language provisions of the Voting Rights Act, which
requires translation to statement to Spanish, Vietnamese, Chinese (Mandarin), and
Korean. The Orange County Registrar of Voters has advised the City that the estimated
cost to individual candidates for the November 2008 General Election is $1,657.00. The
adoption of the recommended resolution will establish this charge for these services.
The period for filing candidate nomination papers will begin on July 14 through August
8, 2008. If a qualified incumbent does not file nomination papers for re-election, the
filing deadline will be extended to August 13, 2008.
The County Registrar of Voters is scheduled to certify the election results on or about
November 28, 2008. Based on that timeline, declaring results of the election and
installation of newly elected Council Members will take place at the regularly scheduled
City Council Meeting of December 2, 2008.
Maria R. Huizar
Chief Deputy City Clerk
RESOLUTION NO. 08-46
REVISED AND RE-ADOPTED
BY CITY COUNCIL ON JULY 1, 2008
RESOLUTION NO. 08-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BEHELD ON TUESDAY,
NOVEMBER 4, 2008
WHEREAS, §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 candidates
statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to §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 Tustin on November 4, 2008 may prepare a candidate's
statement on an appropriate form provided b 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 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
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 statements into the following languages: Spanish, Chinese,
Korean, and Vietnamese.
B. The Orange County Voter Registrar's Office shall:
1. Have all candidates statements translated into the languages
specified above.
2. Print all translations of all candidates statements in the voters
pamphlets.
SECTION 3. PAYMENT.
A. Translations
1. The candidate shall not be required to pay for the cost of translating
the candidate's statement into any required foreign language as
specified in Section 2 (A) above, pursuant to state and federal law.
2. The candidate shall be required to pay for the cost of translating the
candidate's statement into any foreign language that is not
required, pursuant to state and federal 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 the voters pamphlet in English in the main
voter pamphlet pursuant to state and federal law.
2. 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.
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 5. 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 6. That all previous resolutions establishing council policy on payment
for candidate's statements are repealed.
SECTION 7. That this resolution shall apply only to the election to be held on
and shall then be repealed.
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.
PASSED AND ADOPTED at a regular meeting of the City Council held on the
17th day of June, 2008.
JERRY AMANTE,
Mayor
ATTEST:
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 08-47 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of
June, 2008 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk