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SR - RES-10797 - ELECTION RESOLUTIONSAGENDA ITEM r- June 10, 2014 TO: Honorable Mayor and Members of the City Council THRU: John W. Sibley City Manager FROM: Robert Zornado Chief Clerk ReviewedNer' ied By: City Manager Finance Dire or To Be Presen y: Mary E. Murphy X Cons Calendar _ City Mgr Rpts Council Reports _ Legal Affairs Boards /Crates _ Public Hrgs Admin Reports Plan/Environ 1. SUBJECT Consideration of Resolutions to conduct the November 4, 2014, General Municipal Election. 2. SUMMARY 771 Resolution No. 10797 — Calling for the Holding of a General Municipal Election to be held on November 4, 2014. Resolution No. 10798 — Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on November 4, 2014. Resolution No. 10799 — Adopting Regulations for Candidates for Elective Office pertaining to Candidate's Statements submitted to the Voters at the General Municipal Election to be held on November 4, 2014. Resolution No. 10800 — Providing for the Conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote. 3. RECOMMENDATION 771 Approve Resolutions. 4. FISCAL IMPACT Funds to conduct the General Municipal Election are included in the proposed budget for FY 2014 -2015 Account Number 100.0401.52551. ITEM 3 - 4 t / 1 06/10/2014 5. STRATEGIC PLAN GOAL(S) Election of the City's public officials serves the Strategic Plan's five goals and each of their supporting strategies that the elected officials use to guide the direction of the organization. 6. GENERAL PLAN IMPLEMENTATION Not applicable. 7. DISCUSSION and BACKGROUND Adoption of these resolutions is necessary in order to conduct the General Municipal Election on November 4, 2014. One change was made from prior election resolutions. After discussions with the City Clerk and the concurrence of the City Attorney, The Chief Clerk is named as the Elections Official for the 2014 General Municipal Election. 8. ATTACHMENTS Resolutions Nos. 10797, 10798, 10799, and 10800. ITEM 2 06/10/2014 RESOLUTION NO. 10797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, 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 4, 2014, for the election of Municipal Officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE, 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 Orange, on Tuesday, November 4, 2014, a General Municipal Election for the purpose of electing a Mayor for the full term of two (2) years; two (2) Members of the City Council for the full term of four (4) years. SECTION 2. That the ballots to be used at the election shall be in a form and content as required by law. SECTION 3. That 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, pursuant to Election Code Section 10242, except as provided in Section 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. The Chief Clerk is designated as the Elections Official. 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. RESOLUTION NO. 10798 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Orange called a General Municipal Election to be held on November 4, 2014, for the purpose of the election of a Mayor, and two Members of the City Council. WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City of Orange, the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Orange (hereinafter, County) canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 4, 2014 for the purpose of the election of a Mayor for a full term of two (2) years, and two Members of the City Council for a full term of four (4) years each. SECTION 2. That the County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The 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 requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Orange recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. RESOLUTION NO. 10799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014. WHEREAS, Section 13307 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 candidate's statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 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 Orange on November 4, 2014 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 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 the Federal Voting Rights Act, candidate's statements will be translated into all languages required by the County of Orange. The County is required to translate candidate's statements into the following languages: Spanish, Chinese, Korean, and Vietnamese. B. The County will mail separate sample ballots and candidate's statements in Spanish, Chinese, Korean, and Vietnamese to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidate's statements in the required languages available at all polling places, on the County's website, and in the Election Official's office. RESOLUTION NO. 10800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT A MUNICIPAL ELECTION. WHEREAS, Section 15651(b) of the Elections Code of the State of California, authorizes the City Council to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 15651 (b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City of Orange, there shall be held within the City of Orange a Special Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less than 40 days, nor more than 125 days, after the administrative or judicial certification of the election which resulted in a tie vote. SECTION 2. That this Resolution shall apply only to the election to be held on November 4, 2014. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. ADOPTED this day of , 2014. Teresa E. Smith, Mayor of the City of Orange ATTEST: Mary E. Murphy, City Clerk of the City of Orange