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HomeMy WebLinkAbout50A - 2006 GENERAL MUNICIPAL ELECTION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 19, 2006 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For NOVEMBER 7, 2006 GENERAL MUNICIPAL ELECTION CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt an ordinance ordering, calling, and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 7, 2006 for the election of certain officers. 2. Adopt a resolution requesting the Board of Supervisors of Orange County to consolidate a General Municipal Election of the City of Santa Ana with the State's General Election. 3. Adopt a resolution establishing a charge for candidates' statements to be submitted to the electorate in the November 7, 2006 General Municipal Election. DISCUSSION In order to conduct an election, State law and the City Charter require the City Council to adopt an ordinance calling for a general municipal election. The subject ordinance establishes November 7, 2006 as the date for the election of the Mayor and Members of Wards 2, 4, and 6 of the City Council. Additionally, pursuant to Section 10403 of the California Elections Code, the City Council is required to formally request consolidation of the City's general election with the State's general election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general elections of November 7, 2006 and authorizes the Board of Supervisors to canvass the election returns. Finally, candidates for Mayor and the City Council may choose to have a candidate's statement sent to each voter as part of the Voter Information Pamphlet. Candidate Statements are produced at the candidate's 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 50A-1 Voters has advised the City that the estimated cost to the individual candidates for the November 2006 Election is $1,406. The adoption of the recommended resolution will establish this charge for these services. FISCAL IMPACT The cost to consolidate the general municipal election with the State's general election is estimated to be $85,000. Funds for these administrative costs will be available in the 2006-07 Fiscal Year budget in the Clerk of the Council Other Agency Services Account (Account No. 11-021-6251). APPROVED AS TO FUNDS AND ACCOUNTS: ~-~'0IL/ patricia Healy D Clerk of the Council ~~~~~~B' ~~ ~'\; Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 50A-2 ORDINANCE NO. AN ORDINANCE 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 7, 2006 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY'S CHARTER NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares that under provisions of the Charter of the City of Santa Ana, a General Municipal Election shall be held on November 7,2006 for the election of certain municipal officers; SECTION 2. That pursuant to the requirements of the Charter, there is called and ordered to be held in the City of Santa Ana. California, on Tuesday, November 7,2006, a General Municipal Election for the purpose of electing a Mayor for the full term of two years; and Members of Wards 2, 4 and 6 of the City Council for the full term of four years each. SECTION 3. That the said general municipal election shall be conducted in accordance with the Elections Code of the State of California, and the Clerk of the Council is hereby authorized and directed to take all actions necessary or appropriate with respect thereto, except to the extent such actions may be undertaken by the Registrar of Voters of the County of Orange upon consolidation of the said special municipal election with the statewide general election. SECTION 4. That the notice of the time and place of holding said general municipal election is hereby given, and the Clerk of the Council is hereby authorized and directed to give such additional notice thereof as required by law. ADOPTED this day of ,2006. Miguel A. Pulido Mayor Ordinance No. Page 1 of 2 50A-3 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Laura Sheedy Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. Page 2 of 2 50A-4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SANTA ANA WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 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 election of the City of Santa Ana will be held on November 7, 2006, for the purpose of electing a mayor for the full term of two (2) years and council members from City Wards 2, 4 and 6 for the full term of four (4) years each ward. B.. There will be a statewide general election on this same November 7, 2006. C. It is desirable that this general election for the City of Santa Ana be consolidated with the statewide general election to be held on the same date and that within the City of Santa Ana, the precincts, polling places and election officers be the same for both elections, and that the Board of Supervisors of the County of Orange canvass the returns for both elections, in all respects as if there was only a single election. Section 2. That pursuant to the requirements at 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 the consolidation with the general election of November 7, 2006, of a general election of the City of Santa Ana to be held upon the same date for the purpose of electing the mayor and council members from City Wards 2, 4, and 6. 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. Section 4. The City of Santa Ana recognizes that 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. Resolution No. 2006 Page 1 of 2 50A-5 Section 5. The Clerk of the 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 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 June, 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006 Page 2 of 2 50A-6 RESOLUTION NO. 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 2006 GENERAL ELECTION TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THE STATEMENT 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. That Section 13307(c) 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. Section 2. The Clerk of the Council shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, and shall determine the pro rata share of each candidate filing a statement based upon such estimate. The payment in advance by each such candidate of his or her pro rated share shall be a condition of having his or her statement included in the voter's pamphlet. Section 3. 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 the candidate's nomination papers are filed and no later than 5:00 p.m. August 11, 2006. Section 4. 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. Resolution No. 2006 Page 1 of 2 50A-7 Section 5. The Clerk of the Council shall provide each candidate a copy of this resolution at the time 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 June, 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on _' Date: Clerk of the Council City of Santa Ana Resolution No. 2006 Page 2 of 2 50A-8