HomeMy WebLinkAbout07 - General Municipal Election - 11-07-2006CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
June 27, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Clerk's Office
LaVonne M. Harkless, City Clerk
949 - 644 -3005, Iarkless @city.newport- beach.ca.us
SUBJECT: General Municipal Election - November 7, 2006: Adoption of Resolutions
Calling the Election and Requesting Consolidation with the Statewide
General Election (Candidates Only)
RECOMMENDATION:
Adopt the following resolutions pertaining to the General Municipal Election scheduled
for Tuesday, November 7, 2006 pursuant to Section 1000 of the City Charter:
a) Adopt Resolution No. 2006- Calling and Giving Notice of the Holding of
a General Municipal Election to be Held on Tuesday, November 7, 2006, for
the Election of Members of the City Council as Required by the Provisions of
the City Charter.
b) Adopt Resolution No. 2006- Requesting the Board of Supervisors of the
County of Orange to Consolidate a General Municipal Election to be Held on
Tuesday, November 7, 2006, with the Statewide General Election to be Held
on the Same Date Pursuant to Section 10403 of the Elections Code.
c) Adopt Resolution No. 2006 - Adopting Regulations for Candidates for
Elective Office Pertaining to Candidates Statements Submitted to the Voters
at an Election to be held on Tuesday, November 7, 2006.
DISCUSSION:
Background:
Section 1002 of the 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 Charter.
General Municipal Election - November 7, 2006
June 27, 2006
Page 2
These resolutions pertain only to the election of Council Members and are in
compliance with the provisions of the E :Iections Code and /or the City Charter.
In July of 1996 the City Council ;adopted Resolution No. 96-48 establishing the
regulations for candidates for electives office pertaining to candidate's statements. This
resolution was an ongoing resolution and was applied for every election subsequent to
its adoption, however due to new language provisions dealing with the Voting Rights
Act, it is necessary to rescind Resolution No. 96 -48 and adopt a new resolution
incorporating those changes. There are no substantive changes to the provisions, just
language clarifications.
Environmental Review: Not applicable
Submitted by:
LaVonne M. Harkless,
City Clerk
Attachments: Resolution Calling Election
Resolution Requesting Consolidation
Resolution Establishing Regulations for Candidates
H: \Election 2006 \Staff Report Calling Election 6- 27- 06. -Joc
RESOLUTION NO. 2006-
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 7, 2006, 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 7, 2006
for the election of members of the City Council to represent the First, Third, Fourth, and Sixth
Districts for a term of four years and for the election of members of the City Council to represent
the Fifth and Seventh Districts for a term of two years; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. That pursuant to the provisions of Section 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 7, 2006, 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 and for electing members of the City Council to represent the Fifth and Seventh
Districts for a term of two 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
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, 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.
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 the time, form and manner as required by law.
SECTION T That 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 June, 2006.
ATTEST:
CITY CLERK
MAYOR
RESOLUTION NO. 2006-
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 7,
2006, 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 7, 2006, 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 for the election of members of the City Council to represent the Fifth
and Seventh Districts for a term of two 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. 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 7, 2006, 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 for
the election of members of the City Council to represent the Fifth and Seventh Districts for a
term of two years.
SECTION 2. That 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.
SECTION 3. That 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. That 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. 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
Orange.
SECTION 6. That the C.ty 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 June, 2006.
ATTEST:
CITY CLERK
MAYOR
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, 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 7, 2006
WHEREAS, § 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 candidates 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. That pursuant to § 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 7, 2006 may prepare a candidates statement
on an appropriate form provided by the City Clerk. The statement may include the name and a
brief description of no more than 200 words of the candidate's occupation, 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, the City may be required to translate
candidate statements into the following languages: Spanish, Chinese, Korean and
Vietnamese.
B. Pursuant to state law, the candidates statement must be translated and printed in the
voters pamphlet in any language at the candidate's request.
C. The City Clerk shall:
1. Have all candidates statements translated into the languages specified in (A)
above and may have translated those statements into the languages requested by
the candidate in (B) 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 candidates
statement into any required foreign language as specified in (A) and (B) of
Section 2 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 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 candidates
statement in the voters pamphlet in all required languages pursuant to state and
federal and/or state law.
The City Clerk shall estimate the total cost or 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 filinL; 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 may
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.
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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 at the next ensuing municipal
election and at each municipal election after that time.
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.
ATTEST:
CITY CLERK
PASSED, APPROVED AND ADOPTED this 27`h day of June, 2006.
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MAYOR