HomeMy WebLinkAbout18 GEN MUN ELECTION 11-06-95Inter-Com
NO. 18
· 1 I-6-95
uATE:
NOVEMBER 6, 1995
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
GENEI~L MUNICIPAL ELECTION - I~RCH 26, 1996
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Adopt Resolution No. 95-103 as amended by the City Council,
calling and giving notice of the March 26, 1996 General
Municipal Election and requesting the Orange County Board
of Supervisors order consolidation and render specified
election services.
2. Adopt Resolution No. 95-104, setting candidate statement
regulations.
FISCAL IMPACT:
The County will charge the City approximately $17,000 to conduct
the election ($.80 x 22,000 Tustin registered voters).
Should the City Council decide to mail a separate sample ballot,
that cost would be an additional $12,500 to cover printing and
mailing of the separate sample ballot. Following is the
approximate cost responsibility breakdown:
Cost to City for Printing and Postage:
Cost to Candidates for Printing:
$ 5,500
$ 7,000
The estimated printing cost of $8,600 is based on ten candidates
filing statements, and the estimated postage cost of $3,900 is
based on $.18 x 22,000 Tustin registered voters.
BACKGROUND
The City's General Municipal Election is scheduled for March 26,
1996, to elect three Members of the City Council for full terms of
four years and a City Clerk for a full term of four years.
Adoption of the above resolutions is required for the election to
proceed as scheduled and to set regulations for candidates'
statements.
March 26, 1996 Election
Page 2, 11-6-95
Prior to the adoption of Resolution No. 95-103, the City Council
will need to decide if candidates' statements will be printed in
the County sample' ballot or does the Council want to provide
voters with a separate sample ballot featuring only Tustin
candidates.
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. Sample ballots in these
languages will be available to voters upon request.
To cover the estimated printing and translation costs, candidates
who submit a statement will be required to pay a deposit of
$700.00. This is an increase of $150.00 from the 1994 election
when the actual cost to each candidate for printing their statement
was $594.00. The 1996 actual cost will, of course, be dependent
Upon the number of candidates who file statements; and candidates
will receive refunds in the event of an overcharge or invoiced in
the event of underpayment. The City Council can, of.course, .set a
deposit amount of their choice, but based on the County's "high
end" estimate of an $800.00 cost to each candidate, staff believes
that a deposit of $700.00 is appropriate.
The period for filing candidate nomination papers will begin on
December 4, 1995 through December 29, 1995. If an incumbent does
not file nomination papers for re-election, the filing deadline
will be extended to January 3rd.
The County Registrar of Voters has informed staff that the County
will require a minimum of 2-3 weeks to certify the election
results. Based on the timeline required by the County and the lead
time required by the City to plan the reception, the installation
of newly elected Councilmembers/City Clerk and declaring results of
the election has been schedUled for the May 6, 1996 City Council
meeting.
Valerie Crabill
Chief Deputy City Clerk
E: MCAL LEL
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RESOLUTION NO. 95-103
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, MARCH 26, 1996, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES; (2) REQUESTING THE
COUNTY BOARD OF SUPERVISORS ORDER CONSOLIDATION OF
THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE
DIRECT PRIMARY ELECTION ON MARCH 26, 1996; (3)
AUTHORIZING THE COUNTY BOARD OF SUPERVISORS 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
March 26, 1996, for the purpose of electing.three (3) Members
of the City Council for full terms of four years, and one (1)
City Clerk for a full term of four years.
SECTION 2: That the County Board of Supervisors is hereby
requested to order consolidation of the General Municipal
Election with the Statewide Direct Primary Election on March
26, 1996, and to issue instructions to the County Election
Department to take any and all steps necessary for the holding
of the consolidated election.
SECTION 3: That the County Board of Supervisors 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)
(including) 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 Board of Supervisors and the County Election Department.
PASSED AND ADOPTED at a regular meeting of the City
Council held on the 6th day of November, 1995.
JIM POTTS, MAYOR
PAMELA STOKER, CITY CLERK
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RESOLUTION NO. 95-104
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, MARCH 26, 1996
WHEREAS, Section 10012 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' statements,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Section
10012 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 March 26, 1996, 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 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
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
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Resolution ~' 95-104
Page 2
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 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 March 26, 1996, 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 6th day of November, 1995.
JIM POTTS, MAYOR
PAMELA STOKER, CITY CLERK