Loading...
03.31 November 2019 Special Municipal Election Resolutions r �---� ���'P��� � �.5,\aco wtrFa�"��I *�� �� �# ��* AGENDA ITEM \�yc�.'��.,�`�� '���� February 12, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Robert Zornado, Chief Clerk �Z� REVIEW: City Manag nance � 1. SUBJECT Adopt Resolutions to conduct the November 5, 2019 Special Municipal Election. 2. SUMMARY The 2019 Special Municipal Election will be held on November 5, 2019. California Elections Code requires the City Council to adopt the following three resolutions to conduct the election. 1. Resolution No. 11137, Calling for the Holding of a Special Municipal Election to be held Tuesday, November 5, 2019. 2. Resolution No. 11138, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to the Voters at a Special Municipal Election to be Held on Tuesday, November 5, 2019. 3. Resolution No. 11139, Requesting the Registrar of Voters of the County of Orange to conduct a Special Municipal Election to be Held on November 5, 2019 on behalf of the City of Orange, California. 3. RECOMMENDED ACTION � Approve Resolution No. 11137, 11138, and 11139. 4. FISCAL IMPACT Upon adoption of the FY 2019-20 budget, funds will be available in the following account: 100.0401.52551.00000 Election Expense: $470,000 5. STRATEGIC PLAN GOALS 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. (1a-e, 2a-e, 3a-e, 4a-e, 5a-d) ITEM 3 3� � 02/12/2019 6. DISCUSSION AND BACKGROUND As a result of the election and subsequent swearing in of Mark A. Murphy to the position of Mayor, his City Council seat became vacant effective December 11, 2018. At their January 22, 2019 Adjourned Meeting, the City Council decided to conduct a Special Election to fill the vacancy. Per State Statute, the Special Election must take place on the next regularly established election date, which is November 5, 2019. The California Elections Code requires the City to adopt the following three Resolutions in order to conduct the Special Municipal Election on November 5, 2019: 1. Resolution No. 11137, Calling for the Holding of a Special Municipal Election to be held Tuesday, November 5, 2019. 2. Resolution No. 11138, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to the Voters at a Special Municipal Election to be Held on Tuesday, November 5, 2019. 3. Resolution No. 11139, Requesting the Registrar of Voters of the County of Orange to conduct a Special Municipal Election to be Held on November 5, 2019 on behalf of the City of Orange, California. For the 2019 Election Date of November 5, 2019, the candidate filing period will open at 7:30 a.m. on Monday July 15, 2019 and will close at 5:00 p.m. on Friday August 9, 2019. 7. ATTACHMENTS 1. Resolution No. 11137 2. Resolution No. 11138 3. Resolution No. 11139 ITEM 2 02/12/2019 RESOLUTION NO. 11137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD pN TUESDAY, NOVEMBER 5,2019,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 Special Municipal Election shall be held on November 5, 2019, 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 5, 2019, a Special Municipal Election for the purpose of electing a Member of the City Council to fill the vacancy created by the election of Mark A. Murphy to the office of Mayor, for the remainder of the term of office expiring in December 2020. 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 coordinate with the County of Orange Registrar of Voters 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 City 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. 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. ADOPTED this day of , 2019. Mark A. Murphy, Mayor, City of Orange ATTEST: Pamela Coleman, City Clerk, City of Orange I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the_day of , 2019 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Pamela Coleman, City Clerk, City of Orange Reso.No. I 1137 2 RESOLUTION NO. 11138 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 A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019. 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 a special election to be held in the City of Orange on November 5, 2019 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 hersel£ 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 unti15:00 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. SECTION 3. PAYMENT. A. Translations: The candidate shall be required to pay for the cost of translating the candidate statement into any required foreign language as required in (A) of Section 2 above, pursuant to Federal and/or State law. B. Printing: The candidate shall be required to pay for the cost of printing the candidate statement in the main voter pamphlet in a foreign language, as required in (A) of Section 2 above. The City Clerk shall estimate the total cost of printing,handling,translating and mailing the candidate's 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 voter's 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 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. SECTION 4. MISCELLANEOUS. 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. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot pacicage. SECTION 6. 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 7. That this Resolution shall apply only to the election to be held on November 5, 2019. 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. Reso.No. 11138 2 ADOPTED this day of , 2019. Mark A. Murphy, Mayor, City of Orange ATTEST: Pamela Coleman, City Clerk of the City of Orange I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2019 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Pamela Coleman, City Clerk, City of Orange Reso.No. I 1138 3 RESOLUTION NO. 11139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF ORANGE TO CONDUCT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2019, ON BEHALF OF THE CITY OF ORANGE, CALIFORNIA. WHEREAS, the election of Mark A. Murphy to Mayor in November 2018, created a mid-term vacancy on the City Council. WHEREAS,the City Council of the City of Orange called a Special Municipal Election to be held on November 5,2019,for the purpose of the election of a Member of the City Council to fill the remainder of a vacant term through December 2020. WHEREAS, the City of Orange requests that the Orange County Registrar of Voters conduct its Special Municipal Election on November 5, 2019 and canvass the returns of the Special Municipal Election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES RESOLVE,DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City of Orange requests the County Registrar of Voters consent and agree to conduct a Special Municipal Election on behalf of the City of Orange on Tuesday, November 5, 2019, for the purpose of the election of a Member of the City Council to fill the remainder of a vacant term through December 2020. SECTION 2. That the City authorizes the county election department to canvass the returns of the Special Municipal Election. The election will be held and conducted in accordance with the provisions of law regulating the special election. SECTION 3. 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. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this resolution with the County Registrar of Voters. SECTION 5. 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 , 2019. Mark A. Murphy, Mayor, City of Orange ATTEST: Pamela Coleman, City Clerk of the City of Orange I,PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2019 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Pamela Coleman, City Clerk, City of Orange Reso.No. 11139 2