HomeMy WebLinkAbout17. Adopt Resos Pertaining to the General Municipal Election 11-6-18AN* r I -&E&!VUV ITW I AIRTRU-1 NA-Uffr I -111TIXIMAL-ELEU I FW -ft
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Plirsuant to Se-Oinn-q 10400 - 10418 of the- Fie.n.tionq Corip and nrovi--, of 1;;w in thp
California Government Code, these Resolutions must be adopted in order to proceed with the
General Municipal Election. Therefore, it would be appropriate for the City Council to call for the
election, request its consolidation with the Statewide General Election and establish regulations
for candidates' statements.
FISCAL IMPACT
L-10101 I I I I I V-41 LIS 66 0 i.:: IF
ATTACHMENTS
A. Resolution Calling for the Holding of a enera un c pa ection
B, Resolution Requesting the Board of Supervisors of the County of Los Angeles to Consolidate
a General Municipal Election
4F
Statements
N
• i •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 6, 2018 FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY OF
DOWNEY CITY CHARTER
WHEREAS, City Charter of the City of Downey Section 1300 provides that all General
Municipal Elections for the election of officers of the city and for such other purposes as the City
Council may prescribe shall be held on the same date and at the same time as the Statewide
General Election: on the sixth day of November, 2018, for the election of two members of the
City Council for full terms of four years. One member shall be elected from and by the voters of
District 2; and one member shall be elected from and by the voters of District 4; and,
WHEREAS, City of Downey City Charter Section 1302 provides that all municipal
elections shall be governed by state law except as otherwise provided in the City Charter or
ordinance enacted by the City Council and not inconsistent with the City Charter; and
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to City of Downey City Charter Sections 1300 and 1302 and the
laws of the State of California applicable to general law cities, the City Council of the City of
Downey hereby calls and orders to be held in the City of Downey,- California, a General
Municipal Election to be held on November 6, 2018, for the purpose of electing two members of
the City Council for full terms of four years. One member shall be elected from and by the
voters of District 2; and, one member shall be elected from and by the voters of District 4.
SECTION 2 That the City Clerk is authorized, instructed and directed tocoordinate
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 3. That the ballots to be used at the election shall be in form and content as
required by law.
SI=CTION' 4. That the polls 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 shall be closed, pursuant to Election Code Section 10242, except
as provided in Section 14401 of the Elections Code of the State of California.
SECTION 5. 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 6. That inthe 'event of a tie vote if any two or more persons receive an equal
and the highest number of votes for an office as certified by the County of Los Angeles
Registrar-Recorder/County Clerk, the City Council, in accordance with Election Code Section
15651(a), shall seta date and time and place and summon the candidates who have received
the tie votes to appear and will determine the tie by lot.
RESOLUTION NO. 18 -
PAGE 2
SECTION 7. 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 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.
SECTION 9. This Resolution shall take effectimmediately upon its adoption.
SECTION 10.- The City Clerk shall certify to the passage and adoption of this
Resolution.
SEAN ASHTON, Mayor
ATTEST.
MARIA ALICIA DUARTE, CMC
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 26th day of June, 2018 by the following
vote, to wit:
AYES:
Council Members:
Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton
NOES:
Council Member:
None.
ABSENT:
Council Member:
None.
ABSTAIN.
Council Member:
None.
MARIAALICIA DUARTE, CMC
City Clerk
WHEREAS, the City Council of the City of Downey called a General Municipal Election
to be held on November 6, 2018, for the purpose of the election of two Members of the City
Council, for full terms of four years. One member shall be elected from and by the voters of
District 2; and, one member shall be elected from and by the voters of District 4.
WHEREAS, it desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City the precincts,
polling places and election officers of the two elections be the same, and that the county
election department of the County of Los Angeles canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY'DOE
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION That pursuant to the requirements of Section 10403 of the California
Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to
consent and agree to the consolidation of a General Municipal Election with the Statewide
General Election on Tuesday, November 6, 2018, for the purpose of the election of two
Members of the City Council, for full terms of four years.
SECTION; 2. That the Registrar of Voters of the County of Los Angeles 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 shall be used. The election will be
held and conducted in accordance with the provisions of law regulating the Statewide Election.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the
Registrar of Voters of the County of Los Angeles to take any and all steps necessary for the
holding of the consolidated election.
SECTION 4. That the City of Downey recognizes that additional costs will be incurred
by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and Registrar of Voters of the County of Los Angeles.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
resolution.
SEAN ASHTON, Mayor
RESOLUTION NO. 18 -
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Fa
MARIA A DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of •regular •held on is day ofJune, 2018 by following
vote, to
AYES: Council Membersi Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton
NOES6 Council Member: None.
ABSENT: Council Member: None.
t i i Councilis^'None.
MARIAALICIA DUARTE, CMC -
City
• • Z•
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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 candidates statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AND ORDER AS 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 at an
Election to be held in the City of Downey on November 6, 2018, 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 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. of
the next working day after the close of the nomination period.
SECTION 2. CITY OF DOWNEY CHARTER PROVISION. In addition to Section 1,
Pursuant to Section 1307 of the Downey City Charter, any candidate for an elective City office
may prepare a statement of qualifications in accordance with the restrictions set forth by State
law and subject to the following additional restriction: A statement of qualifications shall be
limited to a recitation of the candidates own personal background and qualifications and shall
not in anyway make reference to other candidates or to other candidates qualifications,
character or activities. The City Clerk shall not cause to be printed or circulated any candidate
statement of qualifications which the City Clerk determines is not so limited or which includes
any such references.
A. Pursuant to the Federal Voting Rights Act, candidates statements will be
translated into all languages required by the County of Los Angeles. The County
is required to translate candidate's statements into the following languages:
Spanish, Chinese and Korean.
B. The County will print and mail voter information guides and candidates
statements in Spanish, Chinese and Korean, to only those voters who are on
county voter file as having requested a voter information guide in a particular
language. The County will make the voter information guides and candidate
statements in the required languages available at all polling places, on the
County's website, and in the Election Official's Office.
RESOLUTION
SECTIONPAGE 2
A. Translations:
1. The candidate shall be required to pay for the cost of translating the
candidate statement into any required foreign language as specified in
Section 3 above pursuant to Federal and\or State law.
2. Thecandidateshall be required to pay for the cost of translating the
candidate statement into any foreign language that is not required as
specified in Section 3 above, pursuant to Federal and\or State law, but is
requested as an option by the candidate.
B. Printing'.
1. The candidate shall be required to pay for the cost of printing the candidate's
statement in the English language in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate's
statement in the Spanish language in the main voter pamphlet, if requested.
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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 anapproximationof 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.
A) All translations shall be provided by professionally -certified translators;
B) The City Clerk shall allow bold type, underlining, capitalization, indentations, leading
hyphens, to the same extent and manner as allowed by the County of Los Angeles.
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 6.- ADDITIONAL MATERIALS. No candidate will be permitted to include
additional materials in the voter information guide.
RESOLUTION •
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SECTION 7. NOTICE OF REGULATIONS. 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 8. REPEAL OF PRIOR RESOLUTIONS. That all previous resolutions
establishingCity Council policy on payment for candidate's statements are hereby repealed.
SECTION 9. APPLICABILITY. That this resolution shall apply only to the General
Municipal Election to be held on November 6, 2018, and shall then be repealed.
SECTION 10. CERTIFICATION. That the City Clerk shall certify to the passage and
adoption of this resolution.
APPROVED AND ADOPTED this 26th day of June, 2018.
SEAN ASHTON, Mayor
ATTEST`.
MARIA ALICIA DUARTE, CMC
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 26th day of June, 2018 by the following
vote, to wit:
AYES`
Council Members:
Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton
NOES:
Council Member:
None.
ABSENT:
Council Member:
None.
ABSTAIN,
Council Member:
None.
MARIAALICIA DUARTE, CMC
City Clerk