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HomeMy WebLinkAbout04 - Calling ElectionCITY OF NEWPORT BEACH City Council Staff Report May 27, 2014 Agenda Item No. 4. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk — (949) 644 -3005, (brown @newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk PHONE: (949) 644 -3005 TITLE: Calling the November 4, 2014 General Municipal Election for City Council Seats ABSTRACT: Under the provisions of the Newport Beach City Charter Section 1000, a General Municipal Election shall be held on the first Tuesday after the first Monday of November in each even numbered year for the election of Municipal Officers and for such other purposes as the City Council may prescribe. RECOMMENDATION: Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 4, 2014, pursuant to Section 1000 of the City Charter: a) Adopt Resol ution No. 2014 -42, A Resolution of the City Council of the City of Newport Beach, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 4, 2014, for the EI ecti on of Members of the City Council as Required by the Provisions of the City Charter; b) Adopt Resolution No. 2014 -43, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Stipervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 4, 2014, with the Statewide General Election to be Held on the Seine Date Pursuant to Section 10403 of the Elections Code; and c) Adopt Resolution 2014 -44, A Resolution of the City Council of the City of Newport Beach, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statements Stibrr tted to the Voters at an Election to be Held on Tuesday, November 4, 2014. FUNDING REQUIREMENTS: Funding has been budgeted to conduct the November 4, 2014 General Municipal Election. DISCUSSION: Section 1002 of the Newport Beach City Charter indicates that unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California for the holding of municipal elections, as long as they do not conflict with the City Charter. Prior to August 8, 2014, the City Council must submit to the County of Orange Registrar of Voters ( "ROV ") a resolution calling and giving notice of the November 4, 2014 General Municipal Election to elect four Council Members, request consolidation with the Statewide General Election, and regulations pertaining to Candidates Statements. The candidate filing period for the November 4, 2014 election will open on Monday, July 14, 2014, and close at 4:30 p.m. on Friday, August 8, 2014. If an incumbent does not file, the period is extended to 5:00 p.m. on Wednesday, August 13, 2013 for candidates other than the incumbent to file for that District. It is optional for each candidate to submit a Candidate's Statement. If the candidate chooses to have a statement included in the Sample Ballot, the resolution stipulates that the cost involved are paid by the candidate at the time the nomination paper is filed. Based on an estimate from the ROV, the deposit for printing each statement (maximum 200 words) in the Sample Ballot is $1,500. The resolutions calling and giving notice of the November 4, 2014 General Municipal Election to elect four Council Members, requesting consolidation with the Statewide General Election, and regulations for Candidate's Statements are presented as Attachments A, B, and C, respectively. Notice of the Election will be provided in accordance with California Elections Code requirements. In the event a Ballot Measure will be submitted to the voters, a separate staff report will be provided at a future Council meeting. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Resolution Calling Election Attachment B - Resolution Requesting Consolidation Attachment C - Resolution Establishing Regulations for Candidate Statements ATTACHMENT A RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER WHEREAS, under the provisions of Section 1000 of the City Charter of the City of Newport Beach, a General Municipal Election shall be held on the first Tuesday after the first Monday of November in each even numbered year for the election of Municipal Officers; and WHEREAS, under the provisions of Section 1000 of the City Charter of the City of Newport Beach, a General Municipal Election shall be held on Tuesday, November 4, 2014 for the election of members of the City Council to represent the First, Third, Fourth, and Sixth Districts for a term of four years. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the provisions of Sections 400 et seq. of the City Charter, there is called and ordered to be held in the City of Newport Beach, California, on Tuesday, November 4, 2014, a General Municipal Election for the purpose of electing members of the City Council to represent the First, Third, Fourth, and Sixth Districts for the full term of four years. SECTION 2. The ballots to be used at the election shall be in form and content as required by law. SECTION 3. The City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voter 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. The polls for the election shall be open at seven o'clock a.m. (7:00 a.m.) of the day of the election and shall remain open continuously from that time until eight o'clock p.m. (8:00 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. 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. 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. In the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Orange Registrar of Voters, the tie vote shall be settled by the casting of lots pursuant to Section 400 of the City Charter of the City of Newport Beach. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 9. 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. PASSED, APPROVED AND ADOPTED this 27 th day of May, 2014. Rush N. Hill, II Mayor ATTEST: Leilani I. Brown City Clerk ATTACHMENT B RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Newport Beach, California, called a General Municipal Election to be held on Tuesday, November 4, 2014, for the purpose of the election of members of the City Council to represent the First, Third, Fourth, and Sixth Districts for a term of four years; and 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, 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 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 NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. 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 members of the City Council to represent the First, Third, Fourth, and Sixth Districts for a term of four years. SECTION 2. The County Election Department 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. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. SECTION 3. The Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. The City of Newport Beach 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. 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 Orange. SECTION 6. 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 this 27th day of May, 2014. Rush N. Hill, II Mayor ATTEST: Leilani I. Brown City Clerk ATTACHMENT C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, 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 NEWPORT BEACH, CALIFORNIA, 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 an Election to be held in the City of Newport Beach 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 type written form, as well as in electronic format, 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 statements into the following languages: Spanish and Chinese. B. The County will print and mail sample ballots and candidate statements to all voters in Spanish and Chinese. The County will mail separate sample ballots and candidate statements in Spanish and Chinese to only those voters who are in the County voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidate statements in the required languages available at all polling places, on the County's website, and in the Election Official's office. C. The City Clerk shall: 1. Have all Candidate's Statements translated into the languages specified in (A) above. 2. Have all translations made available upon request in the Office of the City Clerk. SECTION 3. Payment. A. Translations 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and /or State law. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in (A) and (B) of Section 2 above pursuant to State and Federal law, but is requested as an option by the candidate. B. Printing 1. The candidate shall be required to pay for the cost of printing the Candidate's Statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the Candidate's Statement in a foreign language required by (A) of Section 2 above, in the main voter pamphlet. 3. The candidate shall be required to pay for the cost of printing the Candidate's Statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate 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 City of Newport Beach his or her estimated pro rata share as a condition of having his or her statement included in the voters' pamphlet. 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 candidates 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 candidates 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 4. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. 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. All previous Resolutions establishing Council policy on payment for Candidate's Statements are repealed. SECTION 7. This Resolution shall apply only to the election to be held on Tuesday, November 4, 2014, and shall then be repealed. SECTION 8. 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 this 27th day of May, 2014. Rush N. Hill, II Mayor ATTEST: Leilani I. Brown City Clerk