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06-02-2020 - AGENDA ITEM 02 CONSIDERATION OF RESOLUTIONS RELATING TO THE NOVEMBER 3, 2020 ELECTIONAGENDA ITEM NO.2 xft AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: June 2, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF RESOLUTIONS RELATING TO THE NOVEMBER 3, 2020 ELECTION RECOMMENDATION: Adopt the following resolutions relating to the November 3, 2020 General Municipal Election: RESOLUTION NO.2020-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO.2020-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 39 20209 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO.2020-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, 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 3, 2020 BACKGROUND: Pursuant to Ordinance No. 2303, the City's general municipal elections are to be held on the first Tuesday after the first Monday in November of even -numbered years to coincide with the statewide general elections. The date for the 2020 election is November 3, 2020. Pursuant to Ordinance No. 2328, members of the City Council for Districts 1 and 3 shall be elected commencing in the year 2020 to the seats then open, and in each fourth year thereafter. DISCUSSION: West Covina's General Municipal Election will be held on November 3, 2020, to select one Member of the City Council to represent District 1 and one Member of the City Council to represent District 3, each for the full term of four years. In accordance with the requirements of the California Elections Code, the City Council must adopt certain resolutions pertaining to the General Municipal Election. Proposed Resolution No. 2020-47 calls for and gives notice of the election. Proposed Resolution No. 2020-48 requests that the Los Angeles County Board of Supervisors consolidate the City's General Municipal Election with the Statewide General Election to be held on November 3, 2020. Proposed Resolution No. 2020-52 outlines regulations relating to candidates' statements for the November 3, 2020 election, including the requirement that a candidate filing a statement pay in advance to the City his or her pro rata share of the estimated costs of printing, handling, translating, and mailing the candidate statements filed, as estimated by the Registrar-Recorder/County Clerk. Once actual costs are determined by the Registar-Recorder/County Clerk, candidates may be billed for additional expenses or refunded for excess paid. Resolution No. 2020-52 also provides that candidate statements shall not exceed 200 words. However, pursuant to Elections Code Section 13007, the City Council may authorize an increase in the limitation on words for the candidate statement from 200 to 400 words. Registered voters of the City interested in running for the open seats must complete the nomination process prescribed by the California Elections Code. The nomination period is Monday, July 13, 2020 through Friday, August 7, 2020. The filing period is extended to Wednesday, August 12, 2020 if the incumbent fails to file. LEGAL REVIEW: The City Attorney's Office has reviewed the proposed resolutions and approved them as to form. OPTIONS: The City Council has the following options: 1. Approve Staffs recommendation; or 2. Provide alternative direction. Prepared by: Lisa Sherrick, Assistant City Clerk Fiscal Impact FISCAL IMPACT: Staff estimates that the cost for the consolidated election will be approximately $300,000. Attachments Attachment No. 1 - Resolution No. 2020-47 Attachment No. 2 - Resolution No. 2020-48 Attachment No. 3 - Resolution No. 2020-52 CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness Respond to the Global COVID-19 Pandemic Attachment 1 I"M1117111y Y [liOM`►CM-1lydl3VA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES 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 3, 2020, for the election of Municipal Officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. 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 West Covina, California, on Tuesday, November 3, 3020, a General Municipal Election for the purpose of electing one Member of the City Council to represent District 1 for the full term of four years and one Member of the City Council to represent District 3 for the fiull term of four years. SECTION 2. The ballots to be used at the election shall be in form and content as required by law. SECTION 3. The Assistant City Clerk is authorized, instructed and directed to coordinate 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 4. The Vote Centers for the election shall be open as required during the identified voting period, pursuant to Sections 4007 and 14401 of the Elections Code of the State of California. SECTION 5. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. Notice of the time and place of holding the election is given and the Assistant City Clerk is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner required by law. SECTION 7. The City Council authorizes the Assistant City Clerk to administer said election and authorizes all reasonable and actual election expenses to be paid by the City upon presentation of a properly submitted bull. SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 2nd day of June, 2020. Tony Wu Mayor APPROVED AS FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-47 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 2nd day of June, 2020, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk Attachment 2 I"M1117111y Y [liOM`►CM-1lydl3f:? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2020, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of West Covina called a General Municipal Election to be held on November 3, 2020, for the purpose of the election of two Members of the City Council for a full term of four years; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, that, within the City, the precincts, vote centers and election officers of the two elections be the same, that the Los Angeles County Registrar-Recorder/County Clerk 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 WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Section 10403 of the 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 3, 2020, for the propose of the election of two Members of the City Council for the full term of four years. SECTION 2. The Los Angeles County Registrar-Recorder/County Clerk 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. The Los Angeles County Board of Supervisors is requested to issue instructions to the Los Angeles County Registrar-Recorder/County Clerk to take any and all steps necessary for the holding of the consolidated election. SECTION 4. The City of West Covina recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for costs incurred upon the presentation of a properly submitted bill. SECTION 5. The City Clerk is hereby directed to file a certified copy of this resolution with the Los Angeles County Board of Supervisors and the Los Angeles County Registrar- Recorder/County Clerk. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 2nd day of June, 2020. Tony Wu Mayor APPROVED AS FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-48 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 2nd day of June, 2020, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk Attachment 3 RESOLUTION NO.2020-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, 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 3, 2020 WHEREAS, the City Council of the City of West Covina called a General Municipal Election to be hell on November 3, 2020 for the purpose of the election of two Members of the City Council; and WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt certain regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement; and WHEREAS, Section 13307(d) of the Elections Code of the State of California authorizes the 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 to having his or her statement included in the voter's pamphlet. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. A. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the election to be held in the City of West Covina on November 3, 2020 may prepare a candidate's statement on an appropriate form provided by the Assistant City Clerk. B. The statement may include the nacre, 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. Words wl be counted in accordance with the word count standards set forth in Section 9 of the Elections Code of the State of California. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. C. 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 nominations papers and until 5.00 p.m of the next working day after the close of the nomination period. D. The statement shall comply with all provisions of law, including, but not limited to, Sections 13307 and 13308 of the Elections Code of the State of California. SECTION 2. FOREIGN LANGUAGE POLICY. A. A candidate may request that the candidate's statement also be printed in Spanish and included in the English language version of the Official Sample Ballot Booklet, at the candidate's own expense. The Los Angeles County Registrar- Recorder/County Clerk only prints English and Spanish candidate statements in the English language version of the Official Sample Booklet. B. Pursuant to the Federal Voting Rights Act, Los Angeles County makes voting materials available in the following languages: Chinese, Japanese, Spanish, Tagalog/Filipino, and Vietnamese. The County also translates voting materials into the following languages: Korean, Cambodian/Khmer, Hindi, Thai, Armenian, and Farsi The County mails translated ballot information booklets to voters requesting such material SECTION 3. PAYMENT. The Assistant City Clerk shall work with the County Registrar-Recorder/County Clerk to estimate the total cost of printing, handling, translating, and nailing the candidate statements filed, including the 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 City of West Covina his or her estimated pro rata share as a condition of having his or her statement included in the Official Sample Ballot Booklet. 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 Assistant City Clerk is not bound by the estimate and may, on a pro rata basis, bffi the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Assistant City Clerk shall require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Assistant City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. The Assistant City Clerk shall include on the receipt for payment the information required pursuant to Section 13307(d) of the Elections Code of the State of California regarding the estimated payment. SECTION 4. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. The Assistant City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time the nominating papers are issued. SECTION 6. All previous resolutions establishing City Council policy on payment for the candidates' statements are repealed. SECTION 7. This resolution shall apply only to the election to be held on November 3, 2020, and shall then be repealed. SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective irnrnediately. PASSED, APPROVED AND ADOPTED this 2nd day of June, 2020. Tony Wu Mayor APPROVED AS FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-52 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 2nd day of June, 2020, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk