CC - Item 5F - Calling a Special Election on November 6, 2018 to Fill a City Council VacancyROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER I "U .
DATE: JULY 10, 2018
SUBJECT: CALLING A SPECIAL ELECTION ON NOVEMBER 6, 2018 TO FILL A
CITY COUNCIL VACANCY PURSUANT TO GOVERNMENT CODE
§36512; REQUESTING CONSOLIDATION WITH THE COUNTY OF
LOS ANGELES; AND ESTABLISHING CANDIDATE STATEMENT
CRITERIA
SUMMARY
Effective June 28, 2018, William Alarcon resigned from his position as a Councilmember. As a
result, City Council will consider approving Resolution No. 2018-37 (Attachment A) calling and
giving notice of the holding of a special municipal election to be held on Tuesday, November 6,
2018 as required by the provisions of the laws of the State of California relating to general law
cities; Approving Resolution No. 2018-38 (Attachment B) requesting the Board of Supervisors
of the County of Los Angeles to Consolidate a special municipal election with the Statewide
General election to be held on the same date for the purpose of the election of one Member of the
City Council, for the term of office in which a vacancy was created and which ends March 3,
2020; and approving Resolution No. 2018-39 (Attachment C) adopting regulations for candidates
for elective office pertaining to candidates statements submitted to the voters.
Government Code Section 36512(b) sets forth the procedures to address vacancies in elected city
offices, in the event a vacancy occurs. On May 30, 2018 the City Council directed staff to move
forward with the necessary steps to prepare for a special municipal election if and when Council
Member William Alarcon would resign, leaving the office of Councilmember vacant. Due to
medical reasons, Council Member William Alarcon resigned his position on June 28, 2018 by
submitting a letter of resignation to the City Clerk's Office. The vacant council seat occurred
during the second half of the term, which requires the City Council to call a special election to
fill the vacant seat within 60 days of the vacancy.
Due to time constraints, the special election must be held on the next regularly established
election date not less than 114 days from the call of the special election, which is November 6,
2018. Therefore, City Council technically has until July 12, 2018, to call for a special election in
order to make the November 6, 2018 Statewide General municipal election.
AGENDA ITEM NO. 5.F
City Council Meeting
July 10, 2018
Page 2 of 2
STAFF RECOMMENDATION
That the City Council approve Resolution No. 2018-37, Resolution No. 2018-38, and Resolution
No. 2018-39.
FISCAL IMPACT
The estimated cost for a special consolidated municipal election to be held on November 6, 2018
will be approximately $45,000, which includes the election costs, advertising, and miscellaneous
expenses.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Ericka Hernandez, City Clerk
Attachment A: Resolution No. 2018-37
Attachment B: Resolution No. 2018-38
Attachment C: Resolution No. 2018-39
Attachment A
Resolution No. 2018-37
RESOLUTION NO. 2018-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, CALLING AND GIVING
NOTICE FOR THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 6, 2018 FOR THE ELECTION OF AN
UNEXPIRED TERM OF ONE CITY COUNCIL SEAT
THROUGH MARCH 3, 2020 AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, vacancy in the office of Council Member was created by the resignation of
William Alarcon on June 28, 2018; and
WHEREAS, the term of office in which the vacancy occurs ends March 3, 2020; and,
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a Special Municipal Election shall be held on Tuesday, November 6, 2018 for the
election of a Municipal Officer to fill the unexpired term of one City Council seat; and
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 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, November 6, 2018, a Special Municipal Election for the purpose of electing a Members of
the City Council to fill an unexpired term from December 2018 through March 3, 2020.
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, 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 § 10242, except as provided in § 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
time, form and manner as required by law.
SECTION 7. That 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 Los Angeles Registrar-
Recorder/County Clerk, the City Council, in accordance with Election Code § 15651(a), shall set a
date and time and place and summon the candidates who have received the tie votes to appear and
will determine the tie by lot.
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.
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 at a regular meeting of the City Council of
the City of Rosemead on the l Ot" day of July, 2018.
ATTEST:
Ericka Hernandez, City Clerk
Steven Ly, Mayor
Rachel Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do
hereby certify that the foregoing City Council Resolution, No. 2018-37, was duly adopted by the
City Council of the City of Rosemead, California, at a regular meeting thereof held on the 10th
day of July, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Attachment B
Resolution No. 2018-38
RESOLUTION NO. 2018-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 6, 2018 WITH THE
COUNTY OF LOS ANGELES GENERAL ELECTION TO BE
HELD ON THE DATE PURSUANT TO §10403 OF THE
ELECTIONS CODE
WHEREAS, the City Council of the City of Rosemead called a Special Municipal Election
to be held on November 6, 2018, for the purpose of the election of one Member of the City Council,
for the term of office in which a vacancy was created on June 30, 2018 and which ends March 3,
2020 and;
WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Los
Angeles County 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 Los Angeles canvass the returns of the Special 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 ROSEMEAD DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the Board
of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the
consolidation of a Special Municipal Election with the Statewide General election on Tuesday,
November 6, 2018, for the purpose of the election of one Member of the City Council, for the term
of office in which a vacancy was created and which ends March 3, 2020.
SECTION 2. That the county election department is authorized to canvass the returns of the
Special 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. 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 Rosemead 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 Los Angeles.
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 10a' day of July, 2018.
ATTEST:
Ericka Hernandez, City Clerk
Steven Ly, Mayor
APPROVE AS TO FORM:
Rachel Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing City Council Resolution, No. 2018-38, was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the 1 hh day of
October, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Attachment C
Resolution No. 2018-39
RESOLUTION NO. 2018-39
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,
NOVEMBER 6, 2018
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 November 6, 2018 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, candidate statements will be translated
into all languages required by the County of Los Angeles. The County is required to
translate candidate's statements into the following languages: Spanish, Chinese,
Japanese, Korean, Tagalog, Vietnamese, Hindi, Thai, and Khmer.
B. The County will print and mail sample ballots and candidates statements in Spanish,
Chinese, Japanese, Korean, Tagalog, Vietnamese, Hindi, Thai, and Khmer, to those
voters who are on 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.
SECTION 3. PAYMENT.
A. Translations:
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:
The candidate shall 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 10th day of October, 2018.
ATTEST:
Ericka Hernandez, City Clerk
Steven Ly, Mayor
APPROVE AS TO FORM:
Rachel Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing City Council Resolution, No. 2018-39, was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the 10th day of
July, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk