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HomeMy WebLinkAbout04 GENERAL ELECTION 06-03-02AGENDA REPORT NO. 4 06-03-02 MEETING DATE: JUNE 3, 2002 450-50 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK GENERAL ELECTION - NOVEMBER 5, 2002 SUMMARY: Adoption of the proposed resolutions will authorize calling and consolidation of the November 5, 2002, General Municipal Election and setting candidate statement regulations. RECOMMENDATION: . . Adopt Resolution No. 02-54, calling and giving notice of the November 5, 2002, General Municipal Election and requesting the Orange County Board of Supervisors order consolidation and render specified election services. Adopt Resolution No. 02-55, setting candidate statement regulations. FISCAL IMPACT: The County of Orange will charge the City approximately $19,000 to conduct the election. Resolution No. 02-54 has been written to exclude a separate sample ballot mailing by the City. If the City Council desires a separate sample ballot mailing, the cost would be approximately an additional $8,500 to cover printing and mailing of the separate sample ballot. BACKGROUND: The City's General Municipal Election is scheduled for November 5, 2002, to elect two Members of the City Council for full terms of fours years. Adoption of the proposed resolutions is required for the election to proceed as scheduled and to set regulations for candidate statements. To comply with the minority language provisions of the Voting Rights Act, candidate statements are required to be translated in both Spanish and Vietnamese languages. To cover the estimated printing and translation costs, candidates who submit a statement for printing in the sample ballot will be required to pay a deposit of $900.00. General Election - November 5, 2002 Page 2 For the November 2000 election, the actual cost to each candidate for printing their statement was $664.38. The City Council may set a deposit amount of their choice, but based on the Orange County Registrar of Voter's recommendation, staff believes that a deposit of $900.00 is appropriate. The period for filing candidate nomination papers will begin on July 15, 2002, through August 9, 2002. If an incumbent does not file nomination papers for re-election, the filing deadline will be extended to August 14, 2002. The County Registrar of Voters is scheduled to certify the election results on November 26, 2002. Based on that timeline, declaring results of the election will be agendized at the December 2, 2002 City Council meeting and installation of newly elected Councilmembers has been tentatively scheduled for a Special City Council Meeting on December 3, 2002. Beverley Deputy Chief Ci~ Clerk B:cm Election. General Election 11-5-02 RESOLUTION NO. 02-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISION OF THE LAW OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) REQUESTING THE COUNTY OF ORANGE BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWlDE GENERAL ELECTION ON NOVEMBER 5, 2002; (3) AUTHORIZING THE COUNTY OF ORANGE ELECTION DEPARTMENT TO CANVASS THE ELECTION RETURNS; AND (4) PROVIDING FOR EXPENSES OF THE ELECTION The City Council of the City of Tustin hereby resolves as follows: SECTION 1: That a General Municipal Election be held on November 5, 2002, for the purpose of electing two (2) Members of the City Council for full terms of four years. SECTION 2: That the County of Orange Board of Supervisors is hereby requested to order consolidation of the General Municipal Election with the Statewide General Election on November 5, 2002, and to issue instructions to the County of Orange Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 3: That the County of Orange Election Department is hereby authorized to canvass the election returns. SECTION 4: That the City Council acknowledges and agrees to payment of the expenses of the election, excluding a separate sample ballot. SECTION 5: That the Office of the City Clerk is hereby directed to file a certified copy of this Resolution with the County of Orange Board of Supervisors and the County of Orange Election Department. PASSED AND ADOPTED at a regular meeting of the City Council held on the 3rd day of June, 2002. ATTEST: Jeffery M. Thomas, Mayor Pamela Stoker, City Clerk RESOLUTION NO. 02-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002 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 statements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY RESOLVE 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 Tustin on Tuesday, November 5, 2002, may prepare a candidate 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 be filed in typewritten form with the City Clerk at the time the candidate's nomination papers are filed. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. 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 Voting Rights Act, the City is required to translate candidate statements into the following language in addition to English: Spanish and Vietnamese; (b) pursuant to state law, the candidate's statement must be translated and printed in the voters pamphlet in any language at the candidate's request; (c) the City Clerk shall have all candidate statements translated into the languages specified in (a) above; shall have all translations made available upon request in the Office of the City Clerk; and shall print all translations of all candidate statements in the voter's pamphlet. SECTION 3. PAYMENT. The candidate shall be required to pay for the cost of printing the candidates statement in English; the candidate shall be required to pay for the cost of translating the candidate statement into Resolution No. 6-5-00 any foreign language as specified in (a) and/or (b) above pursuant to state and/or federal law; and the candidate shall be required to pay for the cost of printing the candidate statement in a foreign language. 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 1995 (as amended), and require each candidate filing a statement to pay in advance to the City of Tustin his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. 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, invoice the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may 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 election. 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 a copy of this Resolution at the time nominating petitions are issued. SECTION 6. That all previous resolutions establishing City Council policy on payment for candidate statements are repealed. SECTION 7. That this Resolution shall apply only to the election to be held on November 5, 2002 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 3rd day of June, 2002. ATTEST: Jeffery M. Thomas, Mayor Pamela Stoker, City Clerk