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RPVCCA_CC_SR_2013_06_18_M_November_5_2013_General_Municipal_ElectionCITY OF MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR & CITY COUNCIL MEMBERS CARLA MORREALE, CITY CLERK AND £) / CAROL LYNCH, CITY ATTORNEY ~ JUNE 18, 2013 NOVEMBER 5, 2013 GENERAL MUNICIPAL ELECTION CAROLYN LEHR, CITY MANAGER o9-- RECOMMENDATION 1) ADOPT RESOLUTION NO. 2013-_, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, 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) ADOPT RESOLUTION NO. 2013-_, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 5, 2013 WITH THE SCHOOL DISTRICT AND LIBRARY DISTRICT ELECTIONS TO BE HELD ON SAID DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. 3) ADOPT RESOLUTION NO. 2013-_, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013. DISCUSSION The California Elections Code requires that certain resolutions be adopted preparatory to holding the November 5, 2013 General Municipal Election. On November 5, 2013 two members will be elected to the City Council; each Council Member will serve for a four-year term of office. The draft Resolutions presented for Council's consideration this evening set the date and time of the November 5, 2013 Election for two seats on the City Council; request M-1 General Municipal Election -November 5, 2013 June 18, 2013 Page 2 of 2 consolidation of the City's election with the School District and Library District Elections and for the County of Los Angeles to provide election services to the City; and outline the Council's policy with regard to Candidate Statements and reimbursement to the City for the expense of printing those statements estimated at $700.00 per candidate. FISCAL IMPACT The City Clerk's Office has budgeted $150,000 in the FY 2013-14 Budget to conduct this election. Attachments: Resolution No. 2013-_, Calling and Giving Notice of the Holding of a General Municipal Election Resolution No. 2013-_, Requesting the Board of Supervisors of the County of Los Angeles to Consolidate a General Municipal Election of Said City Resolution No. 2013-_, Adopting Regulations for Candidates for Elective Office, Pertaining to Candidates' Statements W:\City Council ElectionS.2013 General MunicipalElection ~ November 5, 201320130618 SR November 5, 2013 General Municipal Election.doc M-2 RESOLUTION NO. 2013-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, 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 November 5, 2013, for the election of Municipal Officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, 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 Rancho Palos Verdes, California, on Tuesday, November 5, 2013, 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 City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk 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, pursuant to Election Code§ 10242, except as provided in§ 14401 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 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. Section 7: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Section 8: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. M-3 PASSED, APPROVED AND ADOPTED ON June 18, 2013. Attest: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes) Mayor I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolu~ion No. 2013-_ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2013. City Clerk M-4 RESOLUTION NO. 2013-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON. NOVEMBER 5, 2013, WITH THE SCHOOL DISTRICT AND LIBRARY DISTRICT ELECTIONS TO BE HELD ON SAID DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Rancho Palos Verdes called a General Municipal Election in said City to be held on November 5, 2013, for the purpose of the election of two Members of the City Council of said City; and, WHEREAS, it is desirable that the General Municipal Election be consolidated with the School District and Library District elections to be held on the same date and that within said City the precincts, polling places and election officers of the three elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the General Municipal Election and that said School District Election, Library District Election, and General Municipal Election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: That pursuant to the requirements of Section 10400 et seq. of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the School District and Library District elections on Tuesday, November 5, 2013, for the purpose of the election of two Members of the City Council of said City. Section 2: That the county election department is authorized to canvass the returns of said General Municipal Election, which is hereby requested to consolidate with said School District and Library District Elections, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 3: That the Board of Supervisors is hereby requested to issue instructions to the county election department to take any and all steps necessary for the holding of said consolidated election. Section 4: That the City of Rancho Palos Verdes recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. Section 5: That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Los Angeles. M-5 Section 6: That the City Clerk of the City of Rancho Palos Verdes shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON June 18, 2013. Attest: City Clerk. State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes) Mayor I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2013-_ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2013. City Clerk M-6 RESOLUTION NO. 2013-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013. WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including regulations pertaining to the costs of preparing the candidate's statement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, GALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. General Provisions. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Rancho Palos Verdes on November 5, 2013, may prepare a candidate's 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 two hundred (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 typewritten 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 is required to translate candidates' statements into the following languages: Chinese, Hindi, Japanese, Korean, and Spanish. b. Pursuant to state law, the City Clerk shall, at the request of the candidate, provide a Spanish translation and printing of the candidate's statement in the English version of the Official Sample Ballot and Voting Instructions, at the expense of the candidate. c. The County will print and mail a separate translated Official Sample Ballot and Voting Instructions, including the candidates' statements, for Los Angeles County- conducted elections in the area where the City is located to those voters who are on the county voter file as having requested a sample ballot in Chinese, Hindi, Japanese, Korean, or Spanish. The County will make the Official Sample Ballot and Voting Instructions, M-7 including the candidates' statements, in the City's required languages available on the County's website, at the polling locations that have been identified as requiring oral language assistance, and in the Election Official's office. Section 3. Candidates Statements Availability. Pursuant to California Elections Code Section 13313, the City Clerk shall have all candidates' statements made available for public examination in the City Clerk's office for a period of ten (10) calendar days immediately following the filing deadline for submission of those documents. Section 4. Payment. a. The candidate shall be required to pay for the cost of printing the candidate's statement into English, and Spanish, if requested by the candidate, in the English version of the Official Sample Ballot and Voting Instructions. b. The candidate shall not be required to pay for the cost of printing a separate translated Official Sample Ballot and Voting Instructions, including the candidates' statements, in Chinese, Hindi, Japanese, Korean, or Spanish. c. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to Section 13307 of the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended. The City requires each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the Official Sample Ballot and Voting Instructions. 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 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 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 thirty (30) days of the election. Section 5. Miscellaneous. a. All translations shall be provided by professionally-certified translators. b. The statement of each candidate shall be printed in uniform type, style and spacing. c. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. M-8 Section 6. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. Section 7. 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 8. All previous resolutions establishing Council policy on payment for candidates statements are repealed. Section 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON June 18, 2013. Attest: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes) Mayor I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2013-_ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2013. City Clerk M-9