HomeMy WebLinkAbout55D - RESO - SPECIAL ELECTION REQUEST FOR
COUNCIL ACTION , .f
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 2, 2019
TITLE: APPROVED
❑ As Recommended
ADOPT RESOLUTION CALLING FOR AND ❑ AsAmece GIVING NOTICE OF A SPECIAL MUNICIPAL ❑ Ordinance o on Reading
❑ Ordinance on 2nd Reading
ELECTION TO FILL WARD 4 VACANCY FOR ❑ Implementing Resolution
THE REMAINDER OF THE TERM EXPIRING ❑ Set Public Hearing For
DECEMBER 2022, TO BE HELD ON
NOVEMBER 5, 2019 AND REQUESTING THAT
THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE CONSOLIDATE THE
CITY OF SANTA ANA SPECIAL MUNICIPAL
WITH THE SANTA ANA UNIFIED SCHOOL
DISTRICT'S SPECIAL VACANCY ELECTION OF
THE SAME DATE ; ADOPT RESOLUTION
ADOPTING A REGULATION FOR CANDIDATES
PERTAINING TO CANDIDATE STATEMENTS
AND ESTABLISHING A SYSTEM FOR
CANDIDATES WHOSE STATEMENTS ARE
SUBMITTED TO THE ELECTORATE TO PAY
THEIR PRO RATA SHARE OF THE COST OF
INCLUSION OF THEIR STATEMENT IN VOTER
PAMPHLETS
(STRATEGIC PLAN NO. 5, 1)
CONTINUED TO
4 " NA FILE NUMBER
CITY MAR
RECOMMENDED ACTION
1. Adopt a resolution calling for and providing notice of a special municipal election to be held in
the City of Santa Ana on Tuesday, November 5, 2019 to elect an officer of the City of Santa
Ana to fill Ward 4 and Requesting that the County of Orange consolidate the City's special
election on Tuesday November 5, 2019 with the Santa Ana Unified School District's special
vacancy election on November 5, 2019 and that the County of Orange canvass the returns on
behalf of the City of Santa Ana.
2. Adopt a resolution adopting a regulation for candidates for elective office pertaining to
candidate statements submitted to the voters at a special election Tuesday, November 5,
2019 and establishing a system for candidates whose statements are submitted to the
electorate in the special election on November 5, 2019 to pay the pro rata share of the cost of
inclusion of their statement in voter pamphlets and/or electronic copy.
3. Direct Clerk of the Council to publish legal notices as required by law.
2019 Special Municipal Election —Ward 4
July 2, 2019
Page 2
DISCUSSION
On March 1, 2019, Councilmember representing Ward 4 submitted his resignation from City
Council Office. In the case of a Council vacancy, the City Charter Section 403, provides
direction to fill vacancy within thirty (30) days after office is vacant - "If the City Council shall fail to
fill a vacancy by appointment within thirty (30) days after such an office shall have become
vacant, it shall forthwith cause an election to be held to fill such vacancy". On March 22, 2019,
the City Council deliberated and motioned to proceed with an election to fill vacant ward 4.
In order to conduct an election, State law and the City Charter require the City Council to adopt a
resolution calling for a special municipal election. The subject resolution establishes November
5, 2019 as the date for the special election for the vacancy for the office of Council Member of
Ward 4 of the City Council for the remainder of the term expiring December 2022.
The Santa Ana Unified School District called for a special vacancy election to fill a vacant school
board seat. The school district's special vacancy election was called for Tuesday November 5,
2019. The City of Santa Ana and The Santa Ana Unified School District could share precincts
and polling places and that would reduce the costs associated with conducting the election.
Pursuant to Section 10403 of the California Elections Code, the City Council is required to
formally request consolidation of the City's special municipal election with the Santa Ana Unified
School District's special vacancy election. The subject resolution fulfills this requirement by
requesting that the Board of Supervisors of Orange County consolidate the special municipal
election on November 5, 2019 for the purpose of electing a Councilmember for Ward 4 for the
remainder of the term expiring December 2022 with the Santa Ana Unified School District's
special vacancy election and authorizes the Board of Supervisors to canvass the election returns
(Exhibit 1).
Also, candidates for City Council Member - Ward 4 office may choose to have a candidate's
statement mailed to each voter as part of the Voter Information Pamphlet. As an added option,
the County of Orange Registrar of Voters Office offers a 200 and 400-word option and further
have the option to print or simply post an electronic copy of the statement on their website.
Candidate statements are produced at the candidates' option, not mandated, and the election
code allows the Council to establish a charge to be levied against candidates in order to recover
the cost of printing, handling and mailing these statements. The Orange County Registrar of
Voters estimated cost for the Candidate Statement as follow (Exhibit 2).
Print in voter's pamphlet and electronic copy of Candidate Statement in Registrar of Voter's
Office website in English, Spanish, Vietnamese, Korean and Chinese:
• 200 Words $ 1,440.00
• 400 Words $ 2,686.22
55D-2
2019 Special Municipal Election — Ward 4
July 2, 2019
Page 3
Electronic copy of Candidate Statement in Registrar of Voter's Office website in English, Spanish,
Vietnamese, Korean and Chinese:
200 Words $ 319.41
400 Words $ 444.41
The California Elections Code requires the adoption of the attached resolutions in order to place
a ballot measure before the voters at a special municipal election and must be submitted to the
Registrar of Voters at least 88 days in advance of the election (refer to Exhibit 1).
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
The cost to consolidate the Special Municipal Election for candidate is estimated to be
$518,392.36. Funds for these administrative costs are budgeted in the Clerk of the Council,
Contractual Services account no. 01107031 62300, FY 2019 -2020.
APPROVED AS TO FUNDS AND
ACCOUNTS:
8-�
Norma Mitre KathrynCPA
Acting Clerk of the Council Executive Director
Finance and Management Services Agency
Exhibits: 1. Resolution Calling Election & Consolidating
2. Resolution Establishing Estimated Candidate Statement Cost
55D-3
55D-4
EXHIBIT 1
RESOLUTION NO.2019-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING FOR AND GIVING NOTICE OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY
OF SANTA ANA ON TUESDAY, NOVEMBER 5, 2019 TO
ELECT CERTAIN OFFICERS OF THE CITY OF SANTA ANA
AND REQUESTING THAT THE COUNTY OF ORANGE
CONSOLIDATE THE CITY'S SPECIAL ELECTION ON
TUESDAY NOVEMBER 5, 2019 WITH THE SANTA ANA
UNIFIED SCHOOL DISTRICT'S SPECIAL VACANCY
ELECTION ON NOVEMBER 5, 2019 AND THAT THE COUNTY
OF ORANGE CONDUCT THE CONSOLIDATED ELECTION
AND CANVASS THE RETURNS ON BEHALF OF THE CITY OF
SANTA ANA
WHEREAS, On March 1, 2019, the Councilmember for Ward 4 submitted his
resignation.
WHEREAS, in the case of a Council vacancy, Santa Ana City Charter section
403, provides that the City Council shall declare the office vacant and fill the same by
appointment or, "...(i)f the City Council shall fail to fill a vacancy by appointment within
thirty (30) days after such an office shall have become vacant, it shall forthwith cause an
election to be held to fill such vacancy".
WHEREAS, on March 22, 2019, the City Council, having failed to fill the Wand 4
vacancy by appointment, took action to proceed with a special election to be held on
November 5, 2019 to fill the vacant Ward 4 council member office.
WHEREAS the Santa Ana Unified School District has also called for a special
vacancy election to be held on Tuesday November 5, 2019 to fill a vacant seat on the
School Board.
WHEREAS the City special municipal election and the Santa Ana Unified School
District's special vacancy election can be consolidated pursuant to California Elections
Code section 10400.
WHEREAS consolidation of the City's special election with the Santa Ana Unified
School District's special vacancy election will result in decreased cost to the City as a
result of conducting the election.
#271v5
Resolution 2019-XXX
Page 1 of 4
55D-5
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City Council of the City of Santa Ana calls, orders, and gives notice that a
special municipal election will be held in the City of Santa Ana on Tuesday,
November 5, 2019 for the purpose of filling the vacancy for the office of City
Councilmember for the City's Ward 4, created by Roman Reyna's
resignation, for the remainder of the term of office expiring in December 2022.
B. It is desirable that special municipal election of the City of Santa Ana on
Tuesday, November 5, 2019, be consolidated with the Santa Ana Unified
School District's special vacancy election to be held on the same date, and
that i) within the City of Santa Ana, the precincts and polling places be the
same for both elections, and ii) the Board of Supervisors of the County of
Orange canvass the returns of both elections in all respects as if there were
only one election.
C. The Clerk of Council is authorized, instructed, and directed to give further
notice of the election, in the time, form and manner required by law.
Section 2: Pursuant to Section 10403 of the Elections Code of the State of
California, the Board of Supervisors of the County of Orange is hereby requested to
consent to and order consolidation of the November 5, 2019, special municipal election
of the City of Santa Ana for the purpose of riling the vacancy for the City
Councilmember office of the City's Ward 4 for the remainder of the term of office
expiring in December 2022 with the Santa Ana Unified School District's special vacancy
election to held on the same date. The City further requests that the consolidated
special election be conducted by the Orange County Registrar of Voters and that it be
held and conducted in accordance with the provisions of law regulating elections.
Section 3: The Board of Supervisors of the County of Orange is hereby
authorized to canvass the returns of said special municipal election pursuant to Section
10411 of the Elections Code of the State of California.
Section 4: The City of Santa Ana recognizes that additional costs will be
incurred by the County due to providing election services and canvassing returns for
this special municipal election and agrees to reimburse the County of Orange for any
such costs.
Section 5: The polls for the election shall be open at seven o'clock a.m. on the
day of 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 section
Resolution 2019-XXX
Page 2 of 4
55D-6
10242, except as provided in Section 14401 of the Elections Code of the State of
California.
Section 6: In all particulars not recited in this resolution, the election shall be
held and conducted as provided for by the applicable law for holding municipal
elections.
Section 7: The Clerk of Council is hereby directed to file a certified copy of this
Resolution with the Board of Supervisors of the County of Orange and a certified copy
of this Resolution with the Registrar of Voters of the County of Orange.
Section 8: This Resolution shall take effect immediately upon its adopting by
the City Council, and the Clerk of Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of July, 2019.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers None (0)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
Ward 4 representative vacant.
#271v5
Resolution 2019-XXX
Page 3 of 4
55D-7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2019- to be the original resolution adopted by the City
Council of the City of Santa Ana on July _, 2019.
Date:
Norma Mitre
Acting Clerk of the Council
City of Santa Ana
Resolution 2019-XXX
Page 4 of 4
55D-8
EXHIBIT 2
RESOLUTION NO.2019-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING A REGULATION FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE
VOTERS AT A SPECIAL ELECTION TUESDAY
NOVEMBER 5, 2019 AND ESTABLISHING A SYSTEM
FOR CANDIDATES WHOSE STATEMENTS ARE
SUBMITTED TO THE ELECTORATE IN THE SPECi
MUNICIPAL ELECTION ON NOVEMBER 5, 2019 TO P
THE PRO RATA SHARE OF THE COST OF INCLU ON
OF THEIR STATEMENT IN VOTER PAMPHLETS
ELECTRONIC COPY
WHEREAS, Section 13307 of the Elections CAdMf the State of California
provides that the governing body of any local age egulations pertaining to
materials prepared by any candidate for a mu ' e tfon, including costs of the
candidate statement.
WHEREAS, Section 13307(d) $oe
ions Code of the State of California
authorizes the governing body of anyIcy to require each candidate filing a
candidate's statement to pay in advacal agency his orher esfimated pro
rata share as a condition of havingRilSment included in the voters pamphlet
or electronically distributed. �/✓)
BE IT RESOLVED F_�f11iE LITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS: � **N* EE
Section 1. ie Cl%OCouncil of the City of Santa Ana hereby finds, determines
and declares as fo�1`s''.W
Th 17 t to Section 13307 of the Elections Code of the State of California,
each c i elective office to be voted for at a special election to be held in the
City t na on November 5, 2019 may prepare a candidate statement on an
ap o rm provided by the City Clerk and in compliance with the requirements of
the a ns Code for the State of California.
Section 2. Foreion Language Policy.
candidate statements will be translated into
Orange.
k272va
Pursuant to the Federal Voting Rights Act,
ail languages required by the County of
Resolution No.2019-xxx
Page 7 of 3
55D-9
Section 3. Pa ment,
A. The Orange County Registrar of Voters Office has estimated the total cost of
translating, posting an electronic copy on the Registrar of Voters website,
printing, handling, and/or mailing the candidates' statements and has
determined the approximate cost of the pro rate share of each candidate filing
a statement, based upon such estimate, as follows:
Print in voter's Pamphlet and electronic copy of Candidate Stolvent in
Registrar of Voter's Office website in English, Spanish, Vi trim se,
Korean and Chinese:
• 200 Words $1,440.00
• 400 Words $2,68&22
Electronic copy of Candidate Statement in Re A Voter's Office
website In English, Spanish, Vietnamese, Korea nese:
• 200 Words $319.41
• 200 Words $44.41�
B. Payment in advance by each such care his or her prorated share of
the candidate statement costs shall b ndition of having his or her
statement included in the voter's p let, dlor electronic posting.
Section 4. Notice of Re( ui l Pay Candidate Statement Costs;
Obligation to Pay Actual Costs. [qdidates'
�A. Prior to the period in statements may be filed, the Clerk of
the Council shall pre atten notice distributed to all candidates at the
time of issuanc nomination papers, informing them that payment of
the pro rata s r m nt must be made at the same time as the candidate's
nominatioW s t'e filed, as prescribed by the California Elections Code.
B. The ClerRk f ie Council's receipt for the payment shall include a written
no ' at � estimate is just an approximation of the actual cost that varies
n election to another election and may be significantly more or less
estimate, depending on the actual number of candidates filing
a ents. Accordingly, the Clerk of the Council shall not be bound by the
7mate and shall, as applicable, , on a pro rata basis, bill the candidate for
e additional necessary to cover the actual expense or refund any excess
monies paid by the candidate, depending on the final actual cost. In the event
of underpayment, the Clerk of the Council shall require the candidate to pay
the balance of the cost incurred. In the event of overpayment, the Clerk of the
Council shall prorate the excess amount among the candidates and refund
the excess amount paid within 30 days of the election.
Resolution No. 2019-xxx
Page 2 of 3
55D-10
Section 5. The Clerk of the Council shall provide each candidate or the
candidate's representative a copy of this Resolution at the time when nominating
petitions are issued by the Clerk.
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of Jam, 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: �ow�,�.l9'�aIYUI
Laura A. Rossini,
Senior Assistant City Attorney
AYES:
NOES:
ABSTAIN:
Miguel A. Pulidrl�
Mayor
O
w
None (0)
None (0)
NOT PRESE �/taGluncilmembers None (0)
1* v
' Ward 4 r 'n tive vacant.
c CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Na MITRE, Acting Clerk of the Council, do hereby attest to and certify the
attache Resolution No. 2019-_ to be the original resolution adopted by the City
Council of the City of Santa Ana on June _, 2019,
Date:
a2nv4
Norma Mitre
Acting Clerk of the Council
City of Santa Ana
Resolution No. 2C19-xxx
Page 3 of 3
55D-11
55D-12
REVISED
EXHIBIT 2
RESOLUTION NO.2019-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING A REGULATION FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE
VOTERS AT A SPECIAL ELECTION TUESDAY
NOVEMBER 5, 2019 AND ESTABLISHING A SYSTEM
FOR CANDIDATES WHOSE STATEMENTS ARE
SUBMITTED TO THE ELECTORATE IN THE SPECIAL
MUNICIPAL ELECTION ON NOVEMBER 5, 2019 TO PAY
THE PRO RATA SHARE OF THE COST OF INCLUSION
OF THEIR STATEMENT IN VOTER PAMPHLETS AND/OR
ELECTRONIC COPY
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 a municipal election, including costs of the
candidate statement.
WHEREAS, Section 13307(d) of the Elections Code of the State of California
authorizes the governing body of any local agency to require each candidate filing a
candidate's 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
or electronically distributed.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
That pursuant to Section 13307 of the Elections Code of the State of California,
each candidate for elective office to be voted for at a special election to be held in the
City of Santa Ana on November 5, 2019 may prepare a candidate statement on an
appropriate form provided by the City Clerk and in compliance with the requirements of
the Elections Code for the State of California.
Section 2. Foreign Language Polic .
candidate statements will be translated into
Orange.
4#272v5
Pursuant to the Federal Voting Rights Act,
all languages required by the County of
Resolution No. 2019-xxx
Page 1 of 3
55D-13
Section 3. Payment.
A. The Orange County Registrar of Voters Office has estimated the total cost of
translating, posting an electronic copy on the Registrar of Voters website,
printing, handling, and/or mailing the candidates' statements and has
determined the approximate cost of the pro rata share of each candidate filing
a statement, based upon such estimate, as follows:
Print in voter's pamphlet and electronic copy of Candidate Statement in
Registrar of Voter's Office website in English, Spanish, Vietnamese,
Korean and Chinese:
• 200 Words $1,440.00
• 400 Words $2,686.22
Electronic copy of Candidate Statement in Registrar of Voter's Office
website in English, Spanish, Vietnamese, Korean and Chinese:
• 200 Words $319.41
• 400 Words $441.41
B. Payment in advance by each such candidate of his or her prorated share of
the candidate statement costs shall be a condition of having his or her
statement included in the voter's pamphlet, and/or electronic posting.
Section 4. Notice of Requirement to Pay Candidate Statement Costs;
Obligation to Pay Actual Costs.
A. Prior to the period in which candidates' statements may be filed, the Clerk of
the Council shall prepare a written notice distributed to all candidates at the
time of issuance of the nomination papers, informing them that payment of
the pro rata share amount must be made at the same time as the candidate's
nomination papers are filed, as prescribed by the California Elections Code.
B. The Clerk of the Council's receipt for the payment shall include a written
notice that 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 of the Council shall not be bound by the
estimate and shall, as applicable, , on a pro rate basis, bill the candidate for
the additional necessary to cover the actual expense or refund any excess
monies paid by the candidate, depending on the final actual cost. In the event
of underpayment, the Clerk of the Council shall require the candidate to pay
the balance of the cost incurred. In the event of overpayment, the Clerk of the
Council shall prorate the excess amount among the candidates and refund
the excess amount paid within 30 days of the election.
Resolutlon No. 2019-xxx
Page 2 of 3
55D-14
Section 5. The Clerk of the Council shall provide each candidate or the
candidate's representative a copy of this Resolution at the time when nominating
petitions are issued by the Clerk.
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of Jam, 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
�"x.
Laura A. Rossini,
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
None (0)
None (0)
Miguel A. Pulido
Mayor
NOT PRESENT: Councilmembers None (0)
* Ward 4 representative vacant.
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2019-_ to be the original resolution adopted by the City
Council of the City of Santa Ana on July_, 2019.
Date:
#272v5
Norma Mitre
Acting Clerk of the Council
City of Santa Ana
Resolution No. 2019-xxx
Page 3 of 3
55D-15
55D-16