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Home My WebLink About03 - General Municipal Election - 11-4-2008CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 June 24, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Office LaVonne M. Harkless, City Clerk 949 -644 -3005, Harkless@city.newport- beach.ca.us SUBJECT: General Municipal Election - November 4, 2008: Adoption of Resolutions Calling the Election, Requesting Consolidation with the Statewide General Election (Candidates Only), and Adopting Regulations Pertaining to Candidates Statements RECOMMENDATION: Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 4, 2008 pursuant to Section 1000 of the City Charter: a) Adopt Resolution No. 2008- Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 4, 2008, for the Election of Members of the City Council as Required by the Provisions of the City Charter. b) Adopt Resolution No. 2008- Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 4, 2008, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code. c) Adopt Resolution No. 2008-_ Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 4, 2008. 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 General Municipal Election - November 4, 2008 June 24, 2008 Page 2 State of California for the holding of municipal elections as long as they do not conflict with the Charter. These resolutions pertain only to the election of Council Members and are in compliance with the provisions of the Elections Code and /or the City Charter. In June of 2006 the City Council adopted Resolution No. 2006 -50 establishing the regulations for candidates for elective 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. 2006 -50 and any conflicting resolutions 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: or,4,0-� �. /Vaj LaVonne M. Harkless, City Clerk Attachments: Resolution Calling Election Resolution Requesting Consolidation Resolution Establishing Regulations for Candidates lAUsers\Clk\ShareMElection - November 2008 \Staff Report Calling Election 6- 24 -08.doc RESOLUTION NO. 2008- 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, 2008, 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 fast Tuesday after the fast 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, 2008 for the election of members of the City Council to represent the Second, Fifth, and Seventh Districts for a term of four 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 4, 2008, a General Municipal Election for the purpose of electing members of the City Council to represent the Second, Fifth and Seventh Districts 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 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. 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 7. 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 24th day of June, 2008. ATTEST: CITY CLERK MAYOR RESOLUTION NO.2008- 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, 2008, 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, 2008, for the purpose of the election of members of the City Council to represent the Second, Fifth, and Seventh 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. 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, 2008, for the purpose of the election of members of the City Council to represent the Second, Fifth, and Seventh Districts for a term of four 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 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 24th day of June, 2008. ATTEST: CITY CLERK MAYOR RESOLUTION NO. 2008- 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 4, 2008 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 4, 2008 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 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 is required to translate candidate statements into the following languages: Spanish and Chinese. 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 law and /or 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. Printine 1. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet. The City Clerk shall estimate the total cost of 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 filing 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. 2 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 20 day of June, 2008. 3 MAYOR