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06-10-2008 CC Rpt A16 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date: June 10, 2008 Public Hearing: 0 Discussion Item: I:3( Consent Item: • , DATE: June 3, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY CLERK SUBJECT: GENERAL MUNICIPAL ELECTION, NOVEMBER 4, 2008 RECOMMENDATION: Adopt the following resolutions entitled: RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW IPCITIES, AND REQUESTING THE BOARD OF SUPERVISORS TO PROVIDE CERTAIN SERVICES. RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008. BACKGROUND/ANALYSIS: Pursuant to Chino Hills Municipal Code Section 1.16.010, the City will hold its next General Municipal Election on Tuesday, November 4, 2008, to elect two Members of the City Council for full terms of four years each. The Elections Code of the State of California requires that certain resolutions be adopted by the City Council prior to the Municipal Election, the call for election and adoption of regulations relating to candidate's statements. The resolutions have been prepared in accordance with the State Elections Code and County regulations and requirements and are submitted for consideration. The first above-referenced resolution calls and gives notice of the Election to be held November 4, 2008, with polls to be open from 7:00 a.m. to 8:00 p.m. The resolution authorizes the County Registrar of Voters to canvass the returns of the General Municipal lection, and guarantees that the City will reimburse the County for costs incurred in the conduct of the General Municipal Election, and directs the City Clerk to give further notice of the Election in the time, form, and manner required by law. i)/ • AGENDA DATE: June 10, 2008 Page 2 SUBJECT: GENERAL MUNICIPAL ELECTION — NOVEMBER 4, 2008 Pe second resolution adopts regulations pertaining to candidates' statements for the General Election. Candidates have the option of filing a candidate's statement, which may include name, age, and occupation of the candidate and a brief description of not more than 200 words of the candidate's education and qualifications. The Voting Rights Act requires the City to translate candidates' statements into Spanish. The County will translate the statements into Spanish, but only print the statements in English. The County will print a statement in English and Spanish on the sample ballot pamphlet, which states Spanish translation is available, upon request This resolution provides that a candidate opting to avail himself/herself of a candidate's statement shall bear the pro rata share of translating, printing, handling, and mailing. The estimated cost to be $1,390 per candidate. A candidate must deposit this amount with the City Clerk at the time of filing his/her nomination petition, with any shortage being billed or any excess being refunded, after actual charges are determined by the County. Also submitted for your information is a preliminary calendar of events for the November 4, 2008, General Municipal Election. FISCAL IMPACT: Based upon estimates for County services and City legal publication and miscellaneous expenses, $52,127 has been recommended for approval in the Fiscal Year 2008/09 Budget. Respectfully submitted, • 40 0 . • • • RY 1 cDUFFEE if CITY C ''K • • City Elections 410 Municipal Election November 4, 2008 Laws in effect/n 2008 (Calendar laws updated 10/2007) (check with your county for their deadlines for arguments and rebuttal filings) _ 1 Date(s) j E minus Ito E minus Action May 16 -172 Suggested Last Day to File Petitions Regarding Measure - June 30 -127 Suggested Last Day for Council to Adopt Resolutions June 30 to July 14 -127 -113 Election Official to Publish Notice of Election-Candidates July 7 -120 Last Day to Adopt Regulations for Candidates Statements July 14 to August 8 -113 -88 Filing Period for Nomination Papers and Candidate's Statements - July 15 -112 Suggested Last Day to Call Election For Ballot Measures July 16 -111 Suggested Last Day to Post Notice of Deadline for Filing Arguments July 29 -98 Suggested Last Day to File Arguments/Must Be 14 days after Council calls Election July 31 Last Day to File Campaign Expenditure Statements-Semi-Annual Statement August 8 -88 Suggested Last Day to File Rebuttal Arguments/10 Days after Arguments August 8 -88 Last Day to Call Election For Ballot Measures August 8 -88 Last Day to File Nomination Papers August 13 -83 Last Day to File Nomination Papers-Extended Filing Period August 13 -83 Last Day to Withdraw Measure(s)from Ballot - August 14 -82 Secretary of State to Determine Order of Names on Ballot August 21 -75 Time to Cancel Election-Insufficient Candidates September 8 to October 21 -57 -14 Filing Period for Write-in Candidate October 5 -30 Last Day to File Campaign Expenditure Statements-let Pre-election Statement October 6 to October 28 -29 -7 Voters May Request Vote by Mail Ballots with Regular Applications October 14 -21 Lest Day to Mail Sample Ballots end Polling Place Notices October 20 -15 Last Day to Register to Vote October 21 -14 Last Day to File for Wnte-in Candidate October 23 -12 Last Day to File Campaign Expenditure Statements-2nd Pre-election Statement ctober 28 -7 Last Day for Election Official to Publish Notice of Nominees October 29 to November 4 -6 Emergency/Late Vote by Mail Voting Period November 3 -1 Last Day for Council to Adopt Procedures to Resolve Tie Vote November 4 0 ELECTION DAY November 4 0 Last Day to Receive Vote by Mail Voter Ballots No Later Than December 19 45 Last Day to Declare Results&Install Newly Elected Mayor,Councilmember(s),Etc. (30 days after Assuming Last Day to File Statement of Economic Interests Office) January 31 Last Day to File Campaign Expenditure Statements-Semi-Annual Statement April 1,2009 Last Day to Submit Report on Measures to Secretary of State IP (R10/222007) Prepared by Martin+Chapman Co. www martinthapman.com IP RESOLUTION NO. 08R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND REQUESTING THE BOARD OF SUPERVISORS TO PROVIDE CERTAIN SERVICES. 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 November 4, 2008, for the election of Municipal Officers; and WHEREAS, the San Bernardino County Board of Supervisors has approved City of Chino Hills Ordinance No. 91-5, consolidating the City's General Municipal Elections with the Statewide General Municipal Elections held in November of even-numbered years; and WHEREAS, a Statewide General Election shall be held on November 4, 2008; 10 and WHEREAS, that within the City the precincts, polling places, and election officers of the two Elections shall be the same, that the San Bernardino County Election Department shall canvass the returns of the General Municipal Election and that the Election shall be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, 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 Chino Hills, California, on Tuesday, November 4, 2008, a General Municipal Election for the purpose of electing two Members of the City Council for the full term of four years each. SECTION 2. That the Board of Supervisors is required to direct the Registrar of Voters to provide certain services in connection with the November 4, 2008, General Municipal Election. hp 1 of 3 SECTION 3. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The Election shall be held in all respects as if there were only one Election, and only one form of ballot, in the form and content required by law, shall be used. SECTION 4. That the City of Chino Hills recognizes that additional costs will be incurred by the County by reason of the consolidation of elections, and agrees to reimburse the County for any such additional costs. SECTION 5. That the polls shall be open at seven o'clock a.m. on 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, except as provided in Section 14401 of the Elections Code of the State of California. 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. IMPSECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Registrar of Voters of the County of San Bernardino. 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 June, 2008. CURT HAGMAN, MAYOR ATTEST: MARY McDUFFEE, CITY CLERK APPROVED AS TO FORM leMARK D. HENSLEY, CITY ATTORNEY 2 of 3 OPRESOLUTION NO. 08R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 4, 2008. WHEREAS, Section 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 municipal election, including costs of the candidate's statement; and WHEREAS, the General Municipal Election to be held on November 4, 2008 shall be consolidated with the Statewide Election to be conducted by the San Bernardino County Registrar of Voters; and WHEREAS, the County Registrar of Voters has determined the format and specifics for a Candidate's Statement NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS moo FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for during an Election to be held in the City of Chino Hills, California, on November 4, 2008, 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 himsetfiherself. 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 5:30 p.m. of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. Pursuant to the Voting Rights Act, the City is required to translate candidates' statements into Spanish, in addition to English. The San Bernardino County Registrar of Voters shall have all of the candidates' statements translated into Spanish, which will be made available to voters upon request. SECTION 3. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. h. 1 of 3 SECTION 4. PAYMENT. The City Clerk shall estimate, based upon the estimate of the San Bernardino County Registrar of Voters, the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to the Elections Code, including costs incurred as a result of complying with the Voting Rights Act, and require each candidate filing a statement to pay, in advance to the City, his/her pro rata share as a condition of having his/her statement included in the voters' pamphlet. 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 City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expenses or refund any excess paid depending on the final actual cost. In the event of an underpayment, the City Clerk shall bill each candidate for any cost in excess of the deposit. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty days of the election. SECTION 5. The City Clerk shall provide each candidate or candidate's representative with a copy of this resolution at the time nominating petitions are issued. SECTION 6. All previous resolutions establishing City Council policy on payment for candidates' statements are hereby repealed. 411/ held onSTEuCeTs IdOaNy,7N.0Tvehmis hreesroillu2tiown8sheanlidasTelyil othnelynto the be re General eral Municipal Election to be ed. 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. PASSED, APPROVED AND ADOPTED ON June 10,2008 CURT HAGMAN, MAYOR APPROVED AS TO FORM: ATTEST: MARK D. HENSLEY, CITY ATTORNEY MARY M. McDUFFEE, CITY CLERK 2 of 3