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CC - Item 4E - March 3, 2015 General Municipal Election E M F 114 ° ROSEMEAD CITY COUNCIL ar " `"'°` STAFF REPORT tart/ TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER , DATE: OCTOBER 14, 2014 SUBJECT: MARCH 3, 2015 GENERAL MUNICIPAL ELECTION SUMMARY The City Council will consider approving Resolution No. 2014-48 (Attachment A) calling and giving notice of the holding of a general municipal election to be held on Tuesday, March 3, 2015, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities; Resolution No. 2014-49 (Attachment B) requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City related to the conduct of a general municipal election on Tuesday, March 3, 2015; Resolution No. 2014-50 (Attachment C) adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters during city elections; and Resolution No. 2014-51 (Attachment D) providing for the conduct of a special runoff election for elective offices in the event of a tie vote at any municipal election. Staff Recommendation That the City Council approve Resolution No. 2014-48, Resolution No. 2014-49, Resolution No. 2014-50, and Resolution No. 2014-51. ANALYSIS State law requires adoption of various regulations in order to conduct a general municipal election. Staff has prepared the Election 2015 resolutions for Council consideration and approval. If the attached resolutions are approved, certified copies will be mailed to the Board of Supervisors of the County of Los Angeles. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. ITEM NUMBER'. 1E City Council Meeting October 14,2014 Page 2 of 2 Prepared by: GL RIA MOLLEDA CITY CLERK Attachment A: Resolution No.2014-48 Attachment 8: Resolution No.2014-49 Attachment C: Resolution No.2014-50 Attachment D: Resolution No. 2014-51 Attachment E: General Municipal Election Important Dates RESOLUTION NO.2014-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3,2015, 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 March 3, 2015, or the election of Municipal Officers; and RESOLVE, DECLARE DETERMINE AND COUNCIL AS FOLLOWS OF ROSEMEAD, CALIFORNIA, DOES 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 Rosemead, California, on Tuesday March 3 2015, a General Municipal Election for the purpose of electing TWO Members of the City Council 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 coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, pnnted 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§ 10242,except as provided in 914401 of the Elections Code of the State of California. SECTION 5. That pursuant to Elections Code§ 12310, a stipend for services for the persons named as precinct board members is fixed at the sum of$250 for each Inspector and$200 for each Clerk for the election. In addition,the sum of$30 will be given to each precinct board member to attend a training class and the sum of$20 to be given to each inspector to pick up the precinct supplies. The rental for each polling place,where a charge is made, shall be the sum of$50 for the election. When required,the compensation of the Custodian of a building shall be$25 for the election. SECTION 6. 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 7. 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 8. , That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. and SECTION ele election expenses shall be paid by the the upon presentadminister roperly submitted bill.reasonable Attachment A PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Rosemead on the 14tday of October, 2014 William Alarcon Mayor ATTEST: Gloria Molleda City Clerk APPROVE AS TO FORM: Rachel Richman City Attorney RESOLUTION NO.2014-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3,2015 WHEREAS, a General Municipal Election is to be held in the City of Rosemead, California, on March 3,2015; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Rosemead; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of§ 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish the following for use in conducting the election: 1. A listing of county precincts with number of registered voters in each, so city may consolidate election precincts into city voting precincts, and maps of the voting precincts; 2. A list of polling places and poll workers the county uses for their elections; 3. The computer record of the names and address of all eligible registered voters in the City in order that the City's consultant may: a. Produce labels for vote-by-mail voters; b. Produce labels for sample ballot pamphlets; c. Print Rosters of Voters and Street Indexes; 4. Voter signature verification services as needed; 5. Make available to the City election equipment and assistance as needed according to state law. SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a propedy approved bill. SECTION 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. Attachment B SECTION 4. 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 at a regular meeting of the City Council of the City of Rosemead on the 14th day of October, 2014 William Alarcon Mayor ATTEST: Gloria Molleda City Clerk APPROVE AS TO FORM: Rachel Richman City Attorney RESOLUTION NO. 2014-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA,ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2015 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 ROSEMEAD, 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 Rosemead on March 3, 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 typewritten form 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 candidates' statements into the following languages: Spanish, Chinese, and Vietnamese. B. Pursuant to state law, the candidate's statement must be translated and printed (in the voters' pamphlet) in any language at the candidates request. C. The City Clerk shall 1. Translations: (a) have all candidates statements translated into the languages specified in (A) above. (b) have translated those statements into the languages as requested by the candidate in (B) above. 2. Printing: (a) print all translations of all candidates statements in the main voter pamphlet. - the main voter pamphlet will be in English and Spanish and Chinese and Vietnamese. Attachment C 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/or (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 candidates statement into any foreign language that is not required as specified in (A) and/or(B) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate. B. Printing: 1. The candidate shall not be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A)of Section 2 above, in the main voter pamphlet. 3. The candidate shall be required to pay for the cost of printing the candidates' 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'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 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 30 days of the election. SECTION 4. MISCELLANEOUS. A) All translations shall be provided by professionally-certified translators. B) The City Clerk shall allow (bold type) (underlining) (capitalization) (indentations) (bullets) (leading hyphens) to the same extent and manner as allowed in previous City elections. C) 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 package. 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 all previous resolutions establishing council policy on payment for candidates'statements are repealed. SECTION 8. That this resolution shall apply at the next ensuing municipal election and at each municipal election after that time. SECTION 9. 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 at a regular meeting of the City Council of the City of Rosemead on the 141h day of October, 2014 William Alarcon Mayor ATTEST: Glade Molleda City Clerk APPROVE AS TO FORM: Rachel Richman City Attorney RESOLUTION NO.2014-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION WHEREAS, § 15651(b) of the Elections Code of the State of California authorizes the City Council, by majority vote, 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 ROSEMEAD CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1.That pursuant to§ 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, there shall be held within the city 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 nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. SECTION 2. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election thereafter. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Rosemead on the 14th day of October, 2014 William Alarcon Mayor ATTEST: Gloria Molleda City Clerk APPROVE AS TO FORM: Rachel Richman City Attorney Attachment D 41E M F * ---- 7 ° CITY OF ROSEMEAD r E 8838 E.VALLEY BOULEVARD•ROSEMEAD,CA•91770 *}L ' PHONE(626)569.2171•FAx(626)307-9218•WWW.CITYOFROSEMEAD.ORG Yi�G ��RPopnRO J ,450 General Municipal Election March 3, 2015 Important Dates November 10, 2014 First day of period for Nomination Papers December 5, 2014 Last day to Call Election for Ballot Measures December 8, 2014 Last day to file Nomination Papers December 10, 2014 Last day to file Nomination Papers—Extension (If incumbent fails to file) December 11, 2014 Secretary of State to determine order of names on ballot December 18, 2014 Last day to cancel election for insufficient candidates January 5—February 17, 2015 Filing period for Write-in Candidates February 2—24, 2015 Voters may request vote-by-mail ballots February 16, 2015 Last day to register to vote March 3, 2015 Election Day March 24, 2015 Canvass of election results and Council reorganization Attachment E