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HomeMy WebLinkAbout55B - RESO FOR 2020 ELECTIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2020 TITLE ADOPT A RESOLUTION CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2020 AND REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION ($430,000) (GENERAL FUND) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution ordering, calling, and giving notice of a General Municipal Election to be held in City of Santa Ana on November 3, 2020 and requesting the Board of Supervisors of the County of Orange to consolidate it with the Statewide and County General Election. Adopt a resolution establishing a charge for candidates' statements to be submitted to the electorate as part of the November 3, 2020 General Municipal Election. DISCUSSION In order to conduct an election, State law and the City Charter require that the City Council adopt a resolution calling for a general municipal election (Exhibit 1). The subject resolution establishes November 3, 2020 as the date for the election of the Mayor and Members of Wards 1, 3 and 5 of the City Council. Pursuant to Section 10403 of the California Elections Code, the City Council is required to formally request consolidation of the City's General Municipal Election with the Statewide and County Election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general elections and authorizes the Board of Supervisors and the Orange County Registrar of Voters to canvass the election returns. Pursuant to Elections Code 10224, the nomination period will open at 8:00 a.m. on July 13, 2020 and close at 5:00 p.m. on August 6, 2020. If a qualified incumbent does not file, the period is extended for that Ward to 5:00 p.m. on August 12, 2020 for candidates anyone other than 55B-1 Calling of General Election July 7, 2020 Page 2 the incumbent to file. The November 3, 2020 General Municipal Election calendar for offices to be elected is provided as Exhibit 2. Candidates for Mayor and the City Council 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 is 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 $1,400.29 400 Words $2,601.10 Electronic copy of Candidate Statement in Registrar of Voter's Office website in English, Spanish, Vietnamese, Korean and Chinese: 200 Words $324.48 400 Words $449.48 The City Council must also adopt a resolution (Exhibit 3) establishing a charge for candidates' statements to be submitted to the electorate as part of the November 3, 2020 General Municipal Election in the amounts listed above. FISCAL IMPACT The total cost to consolidate the General Municipal Election with the Orange County Registrar of Voters estimated to be $430,000. Breakdown of election costs included in the FY 20-21 budget: Fiscal Accounting Fund Accounting Unit, Election Item Year Unit— Description Account Description Amount Account Petition Review — FY 01107031- General Clerk of the Council, $60,000 Rent Control 20-21 62300 Fund Contractual Services Petition Review — FY 01107031- General Clerk of the Council, $60,000 Referendum 1 20-21 1 62300 1 Fund Contractual Services Petition Review — FY 01107031- General Clerk of the Council, $60,000 Recall 20-21 62300 Fund Contractual Services General Municipal FY 01107031- General Clerk of the Council, $250,000 Election Four Races 20-21 62300 Fund Contractual Services Total $430,000 55B-2 Calling of General Election July 7, 2020 Page 3 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management Services Agency Submitted By: Daisy Gomez, Clerk of the Council Exhibits: 1. Resolution Calling Election & Consolidating 2. Election Calendar for Offices to be Elected 3. Resolution Establishing Estimated Candidate Statement Cost 55B-3 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 3, 2020 TO ELECT CERTAIN MUNICIPAL OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY CONSOLIDATE THE CITY'S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION 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. A general municipal election of the City of Santa Ana will be held on November 3, 2020, for the purposes of electing the Mayor and Councilmembers from Wards 1, 3, and 5. B. There will be a statewide general election held on November 3, 2020. C. It is desirable that the general municipal election of the City of Santa Ana on November 3, 2020 be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts and polling places be the same and that 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. D. The Clerk of Council is authorized, instructed, and directed to give further notice of the election, in time, form and manner as required by law. Section 2: That pursuant to the requirement of 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 3, 2020 general municipal election of the City of Santa Ana for the purpose of electing the Mayor and Councilmembers from City Wards 1, 3, and 5 with the statewide general election to be held on the same date. The election will be held and conducted in accordance with the provisions of law regulating the statewide election, specifically Elections Code Section 10418. Section 3: The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said general municipal election pursuant to Section 10411 of the Elections Code of the State of California. Resolution 2020-XXX Page 1 of 3 55B-4 Section 4: The City of Santa Ana recognizes the additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5: 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 6: 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 7th day of July, 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:CI""u A. P Laura A. Rossini Acting Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Resolution 2020-XXX 55B-5 Page 2 of 3 I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July 7, 2020. Date: Resolution 2020-XXX Page 3 of 3 Clerk of the Council City of Santa Ana 55B-6 VOTE CITY OF SANTA ANA ELECTION CALENDAR 40 NOVEMBER 3, 2020 OFFICES TO BE ELECTED: MAYOR, WARDS 1, 3 & 5 DATE DESCRIPTION Jul 13 . Nomination Period to Also referred to as Candidate Filing Period: Mayor and City Council candidates Aug 6 (Wards 1, 3 and 5) City Clerk to publish Notice of Election once in a newspaper of general Jul 8 circulation headed "Notice of Election" and shall contact a statement of Time of the election and the offices to be filled. Jul 31 • Deadline to file Semi -Annual Campaign Contribution Statement for period 01/01 - 06/30 Aug 5 . Contribution and Independent Expenditures of $1,000 or more must be filed to within 24 hours after receipt during 90 days prior to an election (FPPC Forms Nov 3 496 and 497) 5:00 p.m. deadline to file with City Clerk: ✓ Nomination Paper ✓ Statement of Economic Interest/Conflict of Interest Statement (FPPC Form Aug 6 700) ✓ Ballot Designation Worksheet ✓ Candidate Statements (optional) ✓ Code of Fair Campaign Practices form and Political Sign Agreement (optional) Extended filing Period if qualified incumbent does not file (Extended Filing Aug 12 Period) during posted business hours Cancel Election, if insufficient number of candidates file Aug 7 to . 10-Day Public Review Period - Election materials available for public Aug 16 examination Aug 13 . Secretary of State random alphabet drawing 55B-7 Page 1 DATE DESCRIPTION Aug 12 To 10-Day Public Review Period - Election materials available for public Aug 21 examination for Extended Filings Only Sep 7 To . Period for Write -In Candidates to file Oct 20 Deadline to file 1 st pre -election Campaign Contribution Statement for period 07/01 — 09/19 Sep 24 0 Last day to file campaign statements for candidates and committees for the period ending September 19, 2020. Candidate controlled committees and primarily formed candidate and measure committees appearing on the ballot must file this statement. Oct 5 To . Request Vote -by -Mail ballots Oct 27 Oct 19 . Last day to Register to Vote Deadline to file 2nd pre -election Campaign Contribution Statement for period 09/20 — 10/17 Oct 22 . Last day to file campaign statements for candidates and committees for the period ending October 17, 2020. Candidate controlled committees and primarily formed candidate and measure committees appearing on the ballot must file this statement electronically via Clerk's e-filing system. Nov 3 ELECTION DAY — Select Vote Centers will be open for 10 to 3 days until Election Day, for additional details please visit www.ocvote.com. Dec 8 Special City Council Meeting to approve Election Results and Administer Oaths of Office Feb 1 Deadline to file Campaign Contribution Statement for period 7/1 to 12/31 -or- 10/18 to 12/31 (this reporting period applies to 2020 Election Candidates) 55B-8 Page 2 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN THE 2020 GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2020 TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THEIR STATEMENT IN VOTER PAMPHLETS AND/OR ELECTRONIC COPY 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. 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 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. B. Prior to the period in which candidate statements may be filed, the Orange County Registrar of Voters Office estimates the total cost of translating, posting electronic copy on the Registrar of Voters website, printing, handling, and/or mailing the candidates' statements and determines the approximate cost of the pro rata share of each candidate filing a statement based upon such estimate, as follow: 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 $1,400.29 400 Words $2,601.10 Electronic copy of Candidate Statement in Registrar of Voter's Office website in English, Spanish, Vietnamese, Korean and Chinese: 200 Words $324.48 400 Words $449.48 The payment in advance by each such candidate of his or her prorated share shall be a condition of having his or her statement included in the voter's pamphlet, and/or electronic posting. Resolution No. 2020-XXX Page 1 of 3 55B-9 Section 2. The City Council hereby approves the process whereby: 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 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 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 of the Council may 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. Section 3. 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 4. 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 7th day of July, 2020. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: cT"., A. R Laura Rossini Acting Chief Assistant City Attorney Resolution No. 2020-XXX Page 2 of 3 Miguel A. Pulido Mayor 55B-10 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: 1►[����:7X.9�►���Z.1iR.71I 11iilT-M CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2020-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July 7, 2020. Date: Daisy Gomez, Clerk of the Council Resolution No. 2020-XXX Page 3 of 3 55B-11