CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Deborah Harrington, Interim City Clerk
DATE: May 17, 2022
SUBJECT: Adoption of Resolutions Calling, Ordering, and Giving Notice of the General Stateride Election and Alping Regulations or handicate stater orange
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. 2022-1384, Calling, Ordering and Giving Notice of the General Municipal Election to be held on November 8, 2022 for the Election of Two (2) Members of the City Council, each for a full term of four (4) years;
2. Adopt Resolution No. 2022-1385, Requesting that the Board of Supervisors of the County of Orange Consolidate the City of Laguna Niguel's General Municipal Election with the Statewide General Election to be held on November 8, 2022, pursuant to Elections Code Section 10403; and,
3. Adopt Resolution No. 2022-1386 Adopting Regulations for Candidates for Elective Office pertaining to Candidate Statements submitted to the Voters at a General Election to be held on Tuesday, November 8, 2022.
BACKGROUND
The General Municipal Election for the City of Laguna Niguel will be held on November 8, 2022. The subject resolutions provide the required notice for the election and its consolidation with the Statewide General Election. Additionally, an updated resolution pertaining to regulations relating to the submittal of Candidate Statements that outlines options available to utilize electronic formats has been included..
ANALYSIS
The Elections Code requires the City formally call, order and give notice of General Municipal Elections. Resolution No. 2022-1384 (Attachment A) adheres to the requirements set forth in the Elections Code and calls, orders and gives notice of the General Municipal Election to be held on November 8, 2022, for the election of two members of the City Council, each for a full term of four years.
Laguna Niguel Municipal Code Section 2-1-1 provides that the City's General Municipal Elections be consolidated with the statewide elections held in November of even numbered years. The Orange County Registrar of Voters has requested that all cities, at the time they adopt resolutions calling and giving notice of their general elections, also adopt a resolution requesting consolidation of each specific election with the Statewide General Election. Resolution No. 2022-1385 (Attachment B) requests the Orange County Board of Supervisors agree to consolidate the City's November 8, 2022, General Municipal Election with the Statewide General Election.
Candidates for City Council have an option of submitting a Candidate Statement outlining their qualifications and education. Resolution No. 2022-1386 (Attachment C) outlines the options available to the Candidates for the printing of their Candidate Statement in the Voter Information Guide or utilizing an electronic version of their prepared statement on the County Registrar of Voters' website. Candidates paying to have their Statement printed in the Voter Intormation Guide will, at no additional cost, have an electronic version of their Statement on the County Registrar of Voters' website. Candidates requesting an electronic version only of their Statement will pay a reduced cost.
ALTERNATIVES CONSIDERED
No alternatives are recommended. State law requires the adoption of certain resolutions regarding the conduct of municipal elections.
FISCAL REVIEW
The City is required to reimburse the County of Orange for costs related to the City's General Municipal Election. The cost for the November 2022 election is estimated to be between $88,598 - $108,370. Sufficient funds have been budgeted in the Fiscal Year 2022-2023 operating budget to pay for this expense.
LEGAL REVIEW
The City Attorney's Office has approved this report as to form.
CONCLUSION
Staff recommends that the City Council:
1. Adopt Resolution No. 2022-1384, Calling, Ordering and Giving Notice of the General Municipal Election to be held on November 8, 2022 for the Election of Two (2) Members of the City Council, each for a full term of four (4) years;
2. Adopt Resolution No. 2022-1385, Requesting that the Board of Supervisors of the County of Orange Consolidate the City of Laguna Niguel's General Municipal Election with the Statewide General Election to be held on November 8, 2022, pursuant to Elections Code Section 10403; and,
3. Adopt Resolution No. 2022-1386 Adopting Regulations for Candidates for Elective Office pertaining to Candidate Statements submitted to the Voters at a General Municipal Election to be held on Tuesday, November 8, 2022.
Jamasa & Betonsneau Resun. i le Samis
Tamara S. Letourneau Kevin G. Ennis
City Manager City Attorney
Seal Daring ten Quail a Mastur
Deborah Harrington Justin J. Martin
Interim City Clerk Deputy City Manager
Attachments:
A. Resolution No. 2022-1384
B. Resolution No. 2022-1385
C. Resolution No. 2022-1386
ATTACHMENT A
Resolution No. 2022-1384 Calling, Ordering and Giving Notice of the General Municipal Election
RESOLUTION NO. 2022-1384
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
CALLING, ORDERING AND GIVING NOTICE
OF THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR
THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL
WHEREAS, under the provisions of the laws relating to elections in general law cities and under the provisions of Ordinance No. 91-32, adopted on April 16, 1991, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of two (2) Members of the City Council for the full term of four (4) years; and
WHEREAS, the City of Laguna Niguel is required to hold the General Municipal Election on November 8, 2022, and to give notice of that election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laguna Niguel, California, as follows:
Pursuant to the requirements of the laws of the State of California relating to elections in general law cities, there is called and ordered to be held in the City of Laguna Niguel, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two (2) Members of the City Council for the full term of four (4) years.
2. The ballots to be used in the election shall be in form and content as required by law.
3. The City Clerk is authorized, instructed, and directed 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.
The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California.
In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
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.
Resolution No. 2022-1384 Page 2
PASSED, APROVED AND ADOPTED this 17th day of May 2022.
Elaine Gennawey, Mayor
Attest:
Thy M. Merritt, Deputy City Clerk
ATTACHMENT B
Resolution No. 2022-1385 Requesting that the Board of Supervisors of the County of Orange Consolidate the City of Laguna Niguel's General Municipal Election with the Statewide General Election
RESOLUTION NO. 2022-1385
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL, CALIFORNIA, REQUESTING THAT THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE CONSOLIDATE THE
CITY OF LAGUNA NIGUEL'S GENERAL MUNICIPAL ELECTION WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, PURSUANT TO ELECTION CODE SECTION
10403
WHEREAS, the City Council of the City of Laguna Niguel called a General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of the election of two (2) Members of the City Council; and
WHEREAS, it is 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 Registrar of Voters of the County of Orange 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, BE IT RESOLVED, by the City Council of the City of Laguna Niguel, California, as follows:
1. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of the City of Laguna Niguel's General Municipal Election with the Statewide General election on Tuesday, November 8, 2022, for the purpose of the election of two (2) Members of the City Council for the full term of office of four (4) years.
2. The Registrar of Voters Office of the County of Orange is authorized to canvass the returns of the City of Laguna Niguel's 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 general election will be held and conducted in accordance with the provisions of law regulating statewide general elections.
3. The Board of Supervisors is requested to issue instructions to the Registrar of Voters Office of the County of Orange to take any and all steps necessary for the holding of the consolidated election.
4. The City of Laguna Niguel recognizes that additional costs may be incurred by the County of Orange by reason of this consolidation and agrees to reimburse the County of Orange for any such costs.
5. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters Office of the County of Orange.
Resolution No. 2022-1385 Page 2
PASSED, APPROVED AND ADOPTED THIS 17th day of May, 2022.
Elaine Gennawey, Mayor
ATTEST:
Thy M. Merritt, Deputy City Clerk
ATTACHMENT C
Resolution No. 2022-1386 Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to Voters at an Election
RESOLUTION NO. 2022-1386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
WHEREAS, §13307 of the Elections Code of the State of California provides that he governing body of any local agency adopt regulations pertaining to materia repared by any candidate for a municipal election. includina costs of the candidate statement.
NOW, THEREFORE BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF LAGUNA NIGUEL, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to §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 Laguna Niguel on November 8, 2022, 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 themself. 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. FOREIGN LNAGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Orange. The County is required to translate candidate's statements into the following languages:
Spanish, Chinese, Korean, and Vietnamese.
B. The Registrar of Voters will print and mail Voter Information Guides, which include Candidate Statements filed by candidates who paid for such publication, to all voters in the County in English. The County will also mail a Voter Information Guide with Candidate Statements in Spanish, Chinese, Korean, and Vietnamese to voters who have requested to receive a Voter Information Guide in one of those languages.
C. The Orange County Registrar of Voters will post on its website Candidate Statements filed by candidates who paid for publication in the Voter Information Resolution No. 2022-1386 Page 2
Guides at no additional cost. Candidates who wish to have their Candidate Statement posted on the Registrar of Voter's website, but not published in the Voter information Guides, shall be provided that opportunity at a fee established by the Registrar of Voters to cover the cost of translation and labor. Candidate Statements posted on the Registrar of Voters' website will be available in English, Spanish, Chinese, Korean, and Vietnamese.
SECTION 3. PAYMENT
A. The Candidate shall be required to pay for the cost of translating their Candidate Statement into any required foreign language as specified in Section 2 above, pursuant to State and Federal law.
B. The Candidate shall be required to pay for the cost of printing the Candidate Statement in English as well as all required foreign language as specified in Section 2 above. Candidates who pay to have their Candidate Statements printed in the Voter Information Guides shall have their statements posted to the Registrar of Voters' website at no additional charge.
C. The Candidate shall be required to pay for the cost of labor and translation if he or she requests to have his or her Candidate Statement posted on the Registrar of Voters' website, but not printed in the Voter Information Guides.
D. The Registrar of Voters shall estimate the total cost of printing, handling, translating, and mailing the Candidate Statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and the City Clerk shall require each Candidate filing a statement to pay in advance to the local agency their estimated pro rata share as a condition of having their statement included in the Voters Information Guides and posted on the Registrar of Voters' website. The estimate is 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 City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidates for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk shall require the Candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
E. A candidate requesting to have their Candidate Statement posted on the Registrar of Voters' website, but not published in the Voters Information Guides, shall pay the actual cost of labor and translation as determined by the Registrar of Voters in advance to the local agency as a condition of having their statement included on the Registrar of Voters' website.
Resolution No. 2022-1386 Page 3
SECTION 4. MISCELLANEOUS
A. All translations shall be provided by professionally certified translators.
B. Candidate Statements shall be consistent with the standardized formatting guidelines utilized by the County of Orange Registrar of Voters.
C. The City Clerk shall comply with the recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
SECTION 6. 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 7. All previous resolutions establishing regulations on candidates statements are repealed.
SECTION 8. This resolution shall apply at the next ensuing municipal election and at each municipal election after that time.
SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 17th day of May 2022.
Elaine Gennawey, Mayor
ATTEST:
Thy M. Merritt, Deputy City Clerk