Loading...
HomeMy WebLinkAbout06 CALLING 2006 GENERAL ELECTION 06-05-06AGENDA REPORT MEETING DATE: JUNE 5, 2006 TO: WILlLIAM A. HUSTON, CITY MANAGER FROM: MARIA R. HUIZAR, CHIEF DEPUTY CITY CLERK SUBJECT: NOVEMBER 7,2006 GENERAL MUNICIPAL ELECTION SUMMARY: Adoption of the proposed resolutions will authorize calling and consolidation of the November 7,2006 General Municipal Election and setting candidate statement fees and regulations. RECOMMENDATIONS: 1. Adopt Resolution No. 06-64 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. 06-65 establishing a charge for candidates' statements to be submitted to the electorate in the November 2006 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 2006-07 Fiscal Year Budget. BACKGROUND: The City of Tustin's General Municipal Election is scheduled for November 7, 2006, to elect two (2) 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. 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 election 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 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 2006 General Election is $956.00. The adoption of the recommended resolution will establish this charge for these services. The period for filing candidate nomination papers will begin on July 17 through August 11, 2006. If a qualified incumbent does not file nomination papers for re-election, the filing deadline will be extended to August 16, 2006. The County Registrar of Voters is scheduled to certify the election results on November 28, 2006. Based on that timeline, declaring results of the election will be agendized at the December 4, 2006 City Council meeting and installation of newly elected Council members will take place at that time. Maria R. Huizar Chief Deputy City Clerk RESOLUTION NO. 06-64 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 7, 2006, (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 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 7,2006, for the purpose of electing two (2) members of the City Council 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 7, 2006, 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 5th day of June, 2006. DOUG DAVERT, 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. 06-64 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5111 day of June, 2006 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk RESOLUTION NO. 06-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7,2006 WHEREAS, 913307 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 9 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 7, 2006 may prepare a candidates statement on an appropriate form provided by the City Clerk. The statement may include the name and title of position sought after, as well as a brief description of no more than 200 words including candidate's age, occupation, 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 type written 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 may be 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 pamphlet. SECTION 3. PAYMENT. (A) Translations: 1. The candidate shall not be required to pay for the cost of translating the candidates 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 candidates 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) Printinq: The candidate shall be required to pay for the cost of printing the candidates statement in the voters pamphlet in all required languages pursuant to state and federal law. 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, as 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 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 Clerk will require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (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 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 candidates statements are repealed. SECTION 7. That this Resolution shall apply only to the election to be held on November 7,2006 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 5th day of June, 2006. DOUG DAVERT, 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. 06-65 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5th day of June, 2006 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk