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Home My WebLink About07 GEN MUN ELECTION 06-21-04 AGENDA REPORT Agenda Item 5 Reviewed: ~ City Manager Finance Director MEETING DATE: JUNE 21,2004 FROM: WILLIAM A. HUSTON, CITY MANAGER MARIA R. HUIZAR, CHIEF DEPUTY CITY CLERK TO: SUBJECT: NOVEMBER 2,2004 GENERAL MUNICIPAL ELECTION SUMMARY: Adoption of the proposed resolutions will authorize calling and consolidation of the November 2, 2004 General Municipal Election and setting candidate statement fees and regulations. RECOMMENDATIONS: 1. Adopt Resolution No. 04-57 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. 04-58 establishing a charge for candidates' statements to be submitted to the electorate in the November 2004 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 $26,400. Funds for these administrative costs are available in the 2004-05 Fiscal Year Budget. BACKGROUND: The City of Tustin's General Municipal Election is scheduled for November 2, 2004, to elect three (3) Members of the City Council and one (1) City Clerk 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. , Page 2 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 elections of November 2, 2004 and authorizes the Board of Supervisors to canvass the election returns. 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 option, not mandatory 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 2004 Election is $1,328. The adoption of the recommended resolution will establish this charge for these services. The period for filing candidate nomination papers will begin on July 12, 2004, through August 6, 2004. If a qualified incumbent does not file nomination papers for re-election, the filing deadline will be extended to August 11, 2004. The County Registrar of Voters is scheduled to certify the election results on November 30, 2004. Based on that timeline, declaring results of the election will be agendized at the December 6, 2004 City Council meeting and installation of newly elected Councilmembers has been tentatively scheduled for a Special City Council Meeting on December 7, 2004. ~c /(!Iv /~~ Maria R. Huizar Chief Deputy City Clerk RESOLUTION NO. 04-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA (1) CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004, (2) REQUESTING THE COUNTY OF ORANGE BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION (3) AUTHORIZING THE COUNTY OF ORANGE REGISTRAR OF VOTERS 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 2, 2004, for the purpose of electing three (3) Members of the City Council and one (1) City Clerk for full terms of four years each. 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 2, 2004, and to issue instructions to the County of Orange Registrar of Voters Department to take any and all steps necessary for the holding of the consolidated election. SECTION 3: That the County of Orange Registrar of Voters 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 Registrar of Voters Department. PASSED AND ADOPTED at a regular meeting of the City Council held on the 21st day of June, 2004. TONY KAWASHIMA, 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. 04-57 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day of June, 2004 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk RESOLUTION NO. 2004-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN THE 2004 GENERAL MUNICIPAL ELECTION TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THE STATEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS FOLLOWS: Section 1. The City Council of the City of Tustin hereby finds, determines and declares as follows: A. That Section 13307(c) of the Elections Code of the State of California authorizes the governing body of any local agency to 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 voter's pamphlet. B. That prior to the period in which candidate statements may be filed, the City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements and shall determine the pro rata share of each candidate filing a statement based upon such estimate. The payment in advance by each such candidate of his or her pro rated share shall be a condition of having his or her statement included in the voter's pamphlet. C. That prior to the period in which candidates' statements may be filed, the City Clerk shall determine a reasonable deadline date for the payment of such pro rata share amount as necessary for timely preparation of the voter's pamphlet, and shall inform each candidate of the requirement to make such payment prior to such date at the time of filing of the statement. D. That the City Clerk's receipt for the payment shall include a written notice that 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 shall not be 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 City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Resolution No. 2002-058 Page 1 of 2 Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. E. That the City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time when nominating petitions are issued by the Clerk. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 21st day of June, 2004. TONY KAWASHIMA, 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. 04-58 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day of June, 2004 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk Resolution No. 2002-058 Page 2 of 2