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CC - Item 5D - March 3, 2020 General Municipal Election E M F IS ic f ROSEMEAD CITY COUNCIL f clvi@ PRIDE. STAFF REPORT cg..›..,.. , i /NCDRPORAT.,e TO: . THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER ,pt DATE: OCTOBER 8, 2019 SUBJECT: MARCH 3,2020 GENERAL MUNICIPAL ELECTION SUMMARY The City Council will consider approving Resolution No. 2019-52 (Attachment A) calling and giving notice of the holding of a general municipal election to be held on Tuesday, March 3, 2020, 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. 2019-53 (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 3, 2020; Resolution No. 2019-54 (Attachment C) adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters during city elections; and Resolution No. 2019-55 (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. 2019-52, Resolution No. 2019-53, Resolution No. 2019-54, and Resolution No. 2019-55. DISCUSSION State law requires the adoption of various regulations to conduct a general municipal election. Staff has prepared the Election 2020 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. In addition, staff is requesting an appropriation of funds of$68,000 to cover the increase estimated election cost provided by the Los Angeles County Clerk's Office in September of 2019. During the adoption of the City's Budget for FY 2019-2020, election cost estimates from the Los Angeles County Clerk's office were not available. Staff based the March 2020 election cost from the previous election of the November 6, 2018, Special Municipal Election. AGENDA ITEM NO. 5D City Council Meeting October 8,2019 Page 2 of 2 FISCAL IMPACT The estimated cost for the consolidated municipal election to be held on March 3, 2020, will be approximately $108,423.94, which is calculated based on the cost for election preparation, election operation, vote by mail processing, and sample ballot processing and printing expenses. Due to an increase in election cost and inflationary adjustments that are higher than expected, the County of Los Angeles County Clerk's Office released election estimates in September 2019 for jurisdictions holding March 2020 elections. The City budgeted $60,000 for the March 2020 election and the additional increase in cost is $58,423.94. Staff is requesting an additional funding of $58,423.94, plus $9,576.06 for unforeseen election costs (increase publishing and translation cost of legal notices, etc) for a total appropriation of $68,000 from the Unassigned General Fund Balance. County's election estimate $108,423.94 Unforeseen County's election cost 9,576.06 Other City's election cost 10,000.00 Total Estimated Election Cost $128,000.00 Adopted 2019/20 Budget $60,000.00 Appropriations Request 68,000.00 Total Adjusted Budget $128,000.00 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by; Eric a -rnandez, City Clerk Attachment A: Resolution No. 2019-52 Attachment B: Resolution No. 2019-53 Attachment C: Resolution No. 2019-54 Attachment D: Resolution No. 2019-55 Attachment E: County Election Estimate for City S E M F p q iiip4p,p CIVIC .PRIDE. r 744p , 4VCCRP0HATED A959 Attachment A Resolution No. 2019-52 RESOLUTION NO. 2019-52 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 TUESDAY, MARCH 3, 2020, 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, 2020, for the election of Municipal Officers; 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, March 3, 2020, 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, 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 the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 8. 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 8th day of October 2019. Margaret Clark Mayor ATTEST: Ericka Hernandez City Clerk 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. 2019-52, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 8th day of October 2019,by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk S E M O 1K CIVIC PRIDE 43APORATECII#s Attachment B Resolution No. 2019-53 RESOLUTION NO. 2019-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE REGISTRAR- RECORDER/COUNTY CLERK TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF ROSEMEAD'S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2020; AND REQUEST FOR CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH ANY COUNTYWIDE ELECTION HELD ON MARCH 3, 2020 WHEREAS, the City Council of the City of Rosemead called a General Municipal Election to be held on Tuesday, March 3, 2020, for the purpose of the election of two members of the City Council, for the full term of four years; and WHEREAS, it is desirable that the General Municipal Election be consolidated on the same date and that within the City the precincts, voting centers, and election officers of the election be the same, and that the County Elections Official canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election; WHEREAS, Elections Code section 10002 authorizes the City to request by resolution that the Board of Supervisors authorize the County Elections Official to conduct specified election services. 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 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, 2020, a General Municipal Election for the purpose of the election of two (2) Members of the City Council. SECTION 2. That the City Council requests the Board of Supervisors to direct the Registrar-Recorder/County Clerk to administer, manage and oversee all facets of the City of Rosemead's March 3, 2020 General Municipal Election and further direct the Registrar- Recorder/County Clerk to perform all necessary functions, services and tasks related to: the complete and successful conduct of the election; the provision of all election materials and equipment; the hiring, training and supervision of poll workers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials; the collection of submitted ballots; the tallying of votes; canvassing and the certification of election results. SECTION 3. That the City of Rosemead recognizes that all necessary expenses incurred by the County in performing these services shall be paid by the City of Rosemead, in accordance with the cost estimate provided by the Registrar-Recorder/County Clerk. 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 4. That in all particulars not otherwise specifically provided in this Resolution, the Election shall be held and conducted as provided by law. SECTION 5. That the City Clerk is directed to file an original certified copy of this Resolution with the Board of Supervisors and a copy with the County Elections Official. SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Rosemead on the 8th day of October 2019. Margaret Clark Mayor ATTEST: Ericka Hernandez City Clerk 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. 2019-53, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 8th day of October 2019, by the following vote,to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk ill t / c'1 ,0 .,......4 4 CIVIC PRIDE II ri ii : . 'NCORPOR 4'1 Attachment C Resolution No. 2019-54 RESOLUTION NO. 2019-54 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 3,2020 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, 2020 may prepare a candidate's statement on an appropriate form provided by the City Clerk or designee. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words using Times New Roman font 11 point size, 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. on the last day 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:Chinese, Spanish, 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, Spanish, Chinese and Vietnamese. 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. If there has been no communication received by the City Clerk from the candidate during the proof review time-frame, the candidates' statement will be deemed to have been approved. All proposed changes made by the candidate must be reviewed and approved by a professionally-certified translator, whose determination will be final. B. The City Clerk shall allow bold type, underlining, word capitalization, leading hyphens to the same extent and manner as allowed in previous City elections. Entire statements in all capital letters are not acceptable. Indentations, circles, stars, dots, italics and/or bullets cannot be accommodated. 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 City policy on payment for candidates' statement are hereby 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 8th day of October, 2019. Margaret Clark Mayor ATTEST: Ericka Hernandez City Clerk 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. 2019-54, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 8th day of October 2019, by the following vote,to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk E M O '9 G 1p4p 4p CIVIC PRIDE 'NC°RPORATEO if° Attachment D Resolution No. 2019-55 RESOLUTION NO.2019-55 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 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 8th day of October 2019. Margaret Clark Mayor ATTEST: Ericka Hernandez, City Clerk 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. 2019-55, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 8th day of October 2019, by the following vote,to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk S E M F O 1 CIVIC PRIDE trf Attachment E County Election Estimate for City of Rosemead March 3, 2020 General Municipal Election .4 Iik. Los Angeles County p Registrar-Recorder/County Clerk VOTING&ELECTIONS RECORDS COUNTY CLERK NEWSROOM PUBLICATIONS JOBS CONTACT ('Election Estimating Calculator Es toElection mate Home Select Estimate Type The estimated cost is based on the cost factors below.Any changes to the election cost factors will impact the final costs for your jurisdiction. Select Jurisdiction(s) If you need cost estimates for other elections or further assistance in using the cost estimate calculator,please Estimated Result contact our Election Billing team at electionbilling@rrcc.lacounty.gov. CITY OF ROSEMEAD CITY OF ROSEMEAD-At Large Voter Count Rate Breakdown Estimated Cost Registered Voters(RV) 21,508 Permanent Vote By Mail(PVBM) 11.486 Election Preparation Cost(Flat rate per jurisdiction) $6,211.75 Election Operations(rate•(RV-PVBM)) $8.4952*10022 $85,138.89 Vote By Mail Processing(rate'PVBM) $1.0116*11486 $11,619.24 Sample Ballot Processing and Printing Office(s)/Seat(s)(rate*No.of Offices*(RV-PVBM)) $0.0198*2* $396.87 10022 Measures(s)(rate"No.of Measures"(RV-PVBM)) $0.0198*0* $0.00 10022 $0.0790*0* Measure Text(rate'No.of Text Pages for all measures'(RV-PVBM)) 1 0022 $0.00 Voting Information(rate••No.of RV) $0.2470*10022 $2,475.43 Candidate Filing and Campaign Finance(rate'No.of Candidates)-,$645.4390*4 I $2,581.76 CITY OF ROSEMEAD TOTAL ESTIMATE $108,423.94 DISCLAIMER:Please note that calculating an estimate using the Election Cost Estimate Calculator is not consent or agreement to hold, consolidate or provide support services for an election.Requests from jurisdictions for any election scenario must be received in the form of an adopted resolution or other official document and considered by the Board of Supervisors and Registrar-Recorder/County Clerk at the appropriate time.For more information.please contact the Election Information and Preparation Division at ecu@rrcc.lacounty.gov. * 0 li 0* C) About Us I privacy Policy I User Rights I Disclaimer I Site Map I Accessibility