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CC - Item 6A - Adoption of Resolutions Relative to the March 5, 2024 General Municipal ElectionROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: OCTOBER 10, 2023 SUBJECT: ADOPTION OF RESOLUTIONS RELATIVE TO THE MARCH 5, 2024, GENERAL MUNICIPAL ELECTION SUMMARY The City Council will consider approving Resolution No. 2023-62 (Attachment A), calling and giving notice of holding a General Municipal Election on Tuesday, March 5, 2024, 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. 2023-63 (Attachment B), requesting the County of Los Angeles Board of Supervisors to render specified services to the City related to the conduct of a General Municipal Election on Tuesday, March 5, 2024; Resolution No. 2023-64 (Attachment C), adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters during city elections; and Resolution No. 2023-65 (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 the adoption of Resolution No. 2023-62, Resolution No. 2023-63, Resolution No. 2023-64, and Resolution No. 2023-65, relative to the March 5, 2024, General Municipal Election. State law requires the adoption of various regulations to conduct a general municipal election. Staff has prepared the 2024 General Municipal Election resolutions for City Council consideration and approval. If the attached resolutions are approved, certified copies will be mailed to the County of Los Angeles Board of Supervisors for approval. In addition, in 2022, the Los Angeles County registrar Recorder and County Clerk's Office, piloted an Online Candidate Statement Service that is now available for Cities to utilize for the March 5, 2024, Presidential Primary Election. Jurisdictions now have the option to allow candidates to have statements posted on the Registrar-Recorder/County Clerk's website at AGENDA ITEM 6.A City Council Meeting October 10, 2023 Page 2 of 2 lavote.gov in lieu of being printed in the Official Sample Ballot Booklet (only online) for cost savings. Candidates wishing to continue printing in the sample ballot booklet must provide a deposit when filing candidate paperwork to cover the cost of printing. FISCAL IMPACT The City budgeted $120,000 for the 2024 General Municipal Election in the Fiscal Year Budget for 2023-2024, which is calculated based on the cost for election preparation, election operation, vote by mail processing, sample ballot processing and printing expenses, and any unforeseen increases in election cost and inflationary adjustments. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: EriCckkaa Hernandez,CityClerk Attachment A: Resolution No. 2023 — 62 - Calling of Election Attachment B: Resolution No. 2023 — 63 - Requesting County Services Attachment C: Resolution No. 2023 — 64 - Regulations for Candidate Statements Attachment D: Resolution No. 2022 — 65 - Runoff Election In case of a Tie Vote Attachment A Resolution No. 2023-62 RESOLUTION NO. 2023-62 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 5, 2024, 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 5, 2024, 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 5, 2024, 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 (vote centers) 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 (vote centers) 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 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 10`h day of October 2023. APPROVE AS TO FORM: Rachel Richman City Attorney Steven Ly Mayor ATTEST: Ericka Hernandez City Clerk 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. 2023-62, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 10`h day of October 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment B Resolution No. 2023-63 RESOLUTION NO. 2023-63 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 5, 2024; AND REQUEST FOR CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH ANY COUNTYWIDE ELECTION HELD ON MARCH 5, 2024 WHEREAS, the City Council of the City of Rosemead called a General Municipal Election to be held on Tuesday, March 5, 2024, 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 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 5, 2024, 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 5, 2024 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 10" day of October 2023. Steven Ly Mayor APPROVE AS TO FORM: ATTEST: Rachel Richman City Attorney Ericka Hernandez City Clerk 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. 2023-63, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the I Oh day of October 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment C Resolution No. 2023-64 RESOLUTION NO. 2023-64 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 5, 2024 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 5, 2024 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 candidate's 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 candidate's 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 timeframe, 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 by the Los Angeles County Clerk 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' statements 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 10`h day of October, 2023. APPROVE AS TO FORM: Rachel Richman City Attorney Steven Ly Mayor ATTEST: Ericka Hernandez City Clerk 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. 2023-64, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the I0`h day of October 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk RESOLUTION NO. 2023-65 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 10`h day of October 2023. Steven Ly, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk 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. 2023-65, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 10`h day of October 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk