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CC - Item 5C - March 7, 2017 General Municipal ElectionROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER DATE: OCTOBER 11, 2016 SUBJECT: MARCH 7, 2017 GENERAL MUNICIPAL ELECTION SUMMARY The City Council will consider approving Resolution No. 2016 -52 (Attachment A) calling and giving notice of the holding of a general municipal election to be held on Tuesday, March 7, 2017, 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. 2016 -53 (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 7, 2017; and Resolution No. 2016 -54 (Attachment C) adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters during city elections. STAFF RECOMMENDATION That the City Council approve Resolution No. 2016 -52, Resolution No. 2016 -53, and Resolution No. 2016 -54. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment A: Resolution No. 2016 -52 Attachment B: Resolution No. 2016 -53 Attachment C: Resolution No. 2016 -54 Attachment A Resolution No. 2016 -52 RESOLUTION NO. 2016-52 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 TUESDYA, MARCH 7, 2017, 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 7, 2017, for the election of Municipal Officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY 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 Rosemead, California, on Tuesday, March 7, 2017, a General Municipal Election for the purpose of electing THREE 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 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. (7:00 a.m.) of the day of the election and shall remain open continuously from that time until seven o' clock p.m. (7:00 p.m.) of the same day when the polls shall be closed, pursuant to the Election code § 10242, except as provided in § 14401 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 rolling place, where a charge is made, shall be the sum of $50 for the election. When required, the compensation for the Custodian of a building shall be $25 for the election. SECTION 6. That pursuant to § 1565l (b) of the Elections Code of the State of California, 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 to be voted for within the city), as certified by the City Clerk, there shall be held within the City a Special Runoff Election to resolve the tie vote. The City Council shall call and hold a Special Runoff Election on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by the law for holding municipal elections. SECTION 8. 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 the law. 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. SECTION 10. 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 11 day of October, 2016. Sandra Armenta, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2016 -52, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 1 Ph day of October, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Marc Donohue, City Clerk Attachment B Resolution No. 2016 -53 RESOLUTION NO. 2016-53 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 7, 2017 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, DOES HEREBY 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; and 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 properly 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. 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 this 11 day of October, 2016. Sandra Armenta, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2016 -53, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 11' day of October, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Marc Donohue, City Clerk Attachment C Resolution No. 2016 -54 RESOLUTION NO. 2016-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017 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, 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 7, 2017, 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. SECTION 3. PAYMENT. A. Translations: The candidate shall be required to pay for the cost of translating the candidates' statement into any require 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 this 11th day of October, 2016. Sandra Armenta, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2016 -54, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 11" day of October, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Marc Donohue, City Cleric