HomeMy WebLinkAboutCC 3 GEN'L ELECTION 11-01-93ENDA___
CONSENT CALENDAR NO. 3
11-1-93
In t e r-C o m
DATE:
NOVEMBER 1, 1993
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
GENERAL MUNICIPAL ELECTION - APRIL 12, 1994
RECOMMENDATION:
For the April 12, 1994 General Municipal Election to proceed as
currently scheduled, it is recommended that the following
Resolutions be adopted:
1. Resolution No. 93-114, calling and giving notice of the
April 12, 1994 General Municipal Election
2. Resol'ution No. 93.-115, adopting candidate statement
regulations.
3. Resolution No. 93-116, requesting the County render
specified election services
4. Resolution No. 93-117, ordering canvass of the election
5. Resolution No. 93-118, establishing an initiative filing
fee
FISCAL IMPACT:
The 1993-94 budget reflects an estimated cost of $25,000 to conduct
the April 12, 1994 General Municipal Election. The breakdown of
the major costs is: (1) election consultant, approximately $14,400
(provides official ballots, ballot counter, sample ballot
printing/mailing, absentee voter supplies, precinct supplies,
etc.); (2) polling site and precinct worker fees, approximately
$3,535; and (3) postage for mailing sample ballots, approximately
$2,880.
BACKGROUND
The City's General Municipal Election is scheduled for April 12,
1994, to elect two Members of the City Council for full terms of
four years.
Election Resolutions
Page 2, 11-1-93
Adoption of the first three resolutions recommended above are
required for the election to proceed as scheduled. Adoption of the
fourth resolution is a "housekeeping" item that states the canvass
will occur and the Office of the City Clerk will certify the
results to the City Council on the first Tuesday following the
election. Adoption of the fifth resolution establishes an
initiative filing fee of $200.00 should the City receive a request
requiring the City Attorney to prepare a ballot title and summary
for a ballot initiative.
It should be noted that wit~ the newly enacted minority language
provisions of the Voting Rights Act, candidate statements are now
required to be translated in both Spanish and Vietnamese languages.
To cover the added translation costs, candidates who submit a
candidate's statement will be required to pay a deposit of $550.00
(this is an increase of $200.00 from the 1992 election).
The period for.filing candidate nomination papers will begin on
December 20, 1993 through January 14, '1994. ~f an incumbent does
not file nomination papers for re-election, the filing deadline
will be extended to January 19th.
Valerie Whiteman
Chief Deputy City Clerk
E:M3RESO
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RESOLUTION NO. 93-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, CALLING AND GIVING NOTICE
OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, APRIL 12, ]994, 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 laws relating to General Law
Cities in the State of California, a General Municipal Election shall be
held on April 12, 1994, for the election of Municipal Officers,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, 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 Tustin, California, on Tuesday, April
12, 1994, a General Municipal Election for the purpose of electing two
Members of the City Council for the full term of four years.
SECTION 2. That the ballots to. be used at the election shall be in
form and content as required by law.
SECTION 3. That the Office of the City Clerk is authorized,
instructed and directed to procure and furnish any and all official
ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully
conduct the election.
SECTION 4. That the polls for the election shall be open at seven
o'clock a.m. of the day of the election and shall remain open continuously
from that time until eight o'clock p.m. of the same day when the polls
shall be closed, except as provided in Section 14301 of the Elections Code
of the State of California.
SECTION 5. That in all particulars not recited in this resolution,
the election shall be held and conducted as provided by law for holding
municipal elections.
SECTION 6. That notice of the time and place of holding the
election is given and the Office of the City Clerk is authorized,
instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
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Resolution No. 93-.
Page 2
SECTION 7. That the Office of 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 1st day of November, 1993.
JIM POTTS, MAYOR
MARY E. WYNN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does 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. 93-114 was passed and adopted at a
regular meeting of the City Council held on the 1st day of November, 1993,
by the following vote:
Councilmember Ayes:
Councilmember Noes:
Counci lmember Abstained:
Counci lmember Absent:
Mary E. Wynn, City Clerk
E:RELNOT
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RESOLUTION NO. 93-115
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 BE HELD ON TUESDAY, APRIL 12,
1994
WHEREAS, Section 10012 of the Elections Code of the State of
California provides that the governing body of any local agency a~opt
regulations pertaining to materials prepared by any candidate for a
municipal election, including costs of the candidates' statements,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS'
SECTION 1. GENERAL PROVISIONS. That pursuant to Section 10012 of
the Elections Code of the State of California, each candidate for electi, ve
office to be voted for at an election to be held in the City of Tustin on
April 12, 1994, may prepare a candidate's statement on an appropriate form
provided by the Office of 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 the
Office of the City Clerk at the time t'he 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 State law, the
candidate's statement must be translated and printed in Spanish at the
candidate's request, (b) Pursuant to the Voting Rights Act, the City is
required to translate candidates' statements into the following languages
in addition to English: Spanish and Vietnamese, (c) The Office of the
City Clerk shall have all candidates' statements translated into the
languages specified in (b) above and shall print all translations of
candidates' statements in the voters pamphlet.
SECTION 3. PAYMENT. The candidate shall be required to pay for the
cost of printing the candidate's statement in English; the candidate shall
be required to pay for the cost of translating the candidate's statement
into any foreign language as specified in (b) above pursuant to State
and/or Federal law; and the candidate shall be required to pay for the
cost of printing the candidate's statement in a foreign language. The
Office of the City Clerk shall estimate the total cost of printing,
handling, translating, and mailing the candidates' statements filed
pursuant to this section, including costs incurred as a result of
complying with the Voting Rights Act of 1965 (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
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Resolution 93-115, je 2
included in the voters 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 Office of 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 Office of the City Clerk
may require the candidate to pay the balance of the cost incurred. In the
event of overpayment, the Office of 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 Office of 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 City Council
policy on payment for candidates' statements are repealed.
SECTION 7. That this resolution shall apply only to the election to
be held on April 12, 1994, and shall then be repealed.
SECTION 8. That the Office of 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 1st day of November, 1993.
JIM POTTS, MAYOR
MARY E. WYNN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council of the City of Tustin is five; that the
above a~d foregoing Resolution No. 93-115 was passed and adopted at a
regular meeting of the City Council held on the 1st day of November, 1993,
by the following, vote:
Councilmember Ayes:
Councilmember Noes:
Councilmember Abstained:
Councilmember Absent:
E:RCANDST Mary E. Wynn, City Clerk
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RESOLUTION NO. 93-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE RENDER
SPECIFIED SERVICES TO THE CITY RELATING TO THE
CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, APRIL 12, 1994
WHEREAS, a General Municipal Election is to be held in the City of
Tustin, California, on April 12, 1994; and
WHEREAS, in the course of conduct of the election it is necessary
for the City to request services of the County; and
WHEREAS, all necessary expenses in performing these services shall
be paid by the City of Tustin,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the provisions of Section 22003 of the
Elections Code of the State of California, this City Council requests the
Board of Supervisors of Orange County to permit the County Election
Department to prepare and furnish to the City, for use in conducting the
election, the computer record of the names and addresses of .all eligible
registered voters in.the City in.order that the City may print labels to
be attached to self-mailer sample ballot pamphlets; and will also furnish
to the City printed indices of the voters to be used by the precinct board
at the polling place; and will make available to the City additional
election equipment and assistance 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 bil 1.
SECTION 3. That the Office of 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.
SECTION 4. That the Office of 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 1st day of November, 1993.
JIM POTTS, MAYOR
MARY E. WYNN, CITY CLERK
E: RCOSERV
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RESOLUTION NO. 93-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ORDERING THE CANVASS OF THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, APRIL 12, 1994, BE MADE BY THE OFFICE
OF THE CITY CLERK
WHEREAS, a General Municipal Election will be held and conducted in
the City of Tustin, California, on Tuesday, April 12, 1994, as required by
law; and
WHEREAS, the City Council desires the canvass of the election to be
made by the Office of the City Clerk,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That.pursuant to Section 22932.5 of the Elections Code
of the' State of California, the canvass of the General Municipal Election
to be held is ordered to be made by the Office of the City Clerk.
SECTION 2. That the Office of the City Clerk shall complete the
canvass of the election prior to April 18, 1994, and shall certify the
results to the City Council on April 19, 1994.
SECTION 3. That the Office of 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 1st day of November, 1993.
JIM POTTS, MAYOR
MARY E. WYNN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN ).
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does 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 Resolutio~ No. 93-117 was passed and adopted at a
reg~la~ meeting of the City Council held on the 1st day of November 1993,
~y the following vote: .'
Councilmember Ayes:
Councilmember Noes:
Councilmember Abstained:
Counci lmember Absent:
E:RORDCANV Mary E. Wynn, City Clerk
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RESOLUTION NO. 93-~8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING A FEE FOR THE
PROCESSING OF AN INITIATIVE PETITION FOR ANY
MUN I C I PAL MEASURE
WHEREAS, Section 4002(b) of the Elections Code of the State of
California authorizes the City Council to establish a fee not to exceed
two hundred dollars ($200.00) for the purpose of processing an initiative
petition,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 4002(b) of the Elections Code
of the State of California, the City Council establishes a fee of $200.00
to be paid to the Office of the City Clerk by any person at the time of
filing a notice of intent to circulate an initiative petition in the City.
SECTION 2. The Office of the City Clerk is directed Jo deposit any
fees collected pursuant to this resolution into the General Fund of the
City. The fee will be refunded to the filer if, within one year of the
date of filing a notice of intent, the Office of the City Clerk certifies
to the sufficiency of the petition.
SECTION 3. That the Office of 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 1st day of November, 1993.
JIM POTTS, MAYOR
MARY E. WYNN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
Mary E. Wynn, City Clerk and ex-officio Clerk of the City [ouncil of the
City of Tustin, California, does 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. 93-118 was passed and adopted at a
regular meeting of the City Council held on the 1st day of hovember 1993,
by the following vote:
Councilmember Ayes:
Councilmember Noes:
Councilmember Abstained:
Counci 1 member Absent:
E:RINITFEE
Mary E. Wynn, City Clerk