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HomeMy WebLinkAboutItem 13 - November 3, 2020 General Municipal ElectionItem 13 GtT Y Ofi rn O Council AgendaReport CIS O Department Name: Cost Center: For Agenda of: Placement: Estimated Time: FROM: Greg Hermann, Deputy City Manager Prepared By: Teresa Purrington, City Clerk Administration 1021 July 7, 2020 Business 10 Minutes SUBJECT: NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION RECOMMENDATION Adopt a Resolution entitled "A Resolution of the City Council of the City of San Luis Obispo, 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 Charter, adopting regulations for Candidate Statements, and requesting the Board Of Supervisors of the County Of San Luis Obispo to consolidate a General Municipal Election with the Statewide General Election to be held on November 3, 2020, pursuant to § 10403 of the Elections Code" (Attachment A). DISCUSSION The City Council is being requested to adopt a Resolution (Attachment A) which will: 1. Call a General Municipal Election to be held on November 3, 2020 for the election of two (2) members of Council and the Mayor; and 2. Set regulations for candidate statements; and 3. Request consolidation of the election with the County and authorize the County Clerk/Elections Department to canvass the returns and provide other services relating to the conduct of the election. Calling the Election Pursuant to Section 302 of the City Charter, the City's General Municipal Election to fill elective offices shall be held on the first Tuesday, after the first Monday, in November of even -numbered years. November 3, 2020 is when the General Municipal Election is to be held. California Election Code establishes procedures and requirements for conducting a General Municipal Election. In addition, State Elections Code § 13307 contains provisions related to the printing, distribution, and estimated costs of candidates' statements in the voter information guide. Packet Page 155 Item 13 Candidate Statements The resolution calling the election authorizes the City Clerk and the County Clerk/Elections Department to conduct a consolidated election and includes provisions related to candidates' statements. The resolution allows for the filing of a candidate's statement of no more than 200 words and specifies that candidates pay the costs for including the statements in the voter information guide. The estimate for printing a candidate's statement in the voter information guide is approximately $300 for English only and $700 for English and Spanish. Requesting Consolidation The resolution requesting consolidation allows the City to combine its election with the statewide election and avoid duplication of printing and mailing of voter information guide, computer tabulation, precinct workers and canvassing results. Other requirements, including issuing and accepting nomination papers and other legal advertising as is required by the City's Election Campaign Regulations will be performed by the City Clerk. All filings, including Candidates' Statements of Qualifications, Statements of Economic Interests, and Campaign Disclosure Statements, will be administered through the City Clerk's Office. Policy Context As outlined above the City Charter and California Elections Code outline the process and timeline for municipal elections. Public Engagement This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. Public outreach will be conducted regarding the open seats and then again after the nomination period notifying the public those who qualify to run for an open seat. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a "Project" under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Yes Budget Year: FY20/21 Funding Identified: N/A Packet Page 156 Item 13 Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $70,000 $62,000 $8,000 $0 State Federal Fees Other: Total $70,000 $62,000 $8,000 $0 The cost of the election is an estimate created with currently known cost information. Due to rapidly changing circumstances regarding the COVID-19 pandemic and various proposed process and legislative changes in the election world, along with typical fluctuations in voter activity and jurisdictions going to election, actual costs may shift in either direction. The City will be billed actual election costs at the conclusion of the election The City Clerk's budget includes $70,000 for election costs. Attachments: a - Draft Resolution Packet Page 157 Item 13 RESOLUTION NO. (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, 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 CHARTER, ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2018, PURSUANT TO § 10403 OF THE ELECTIONS CODE. WHEREAS, under the provisions of the Charter, a General Municipal Election shall be held on November 3,2020, for the election of Municipal Officers; 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 county election department of the County of San Luis Obispo 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 Council of the City of San Luis Obispo, as follows: SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct. SECTION 2. Elections. That pursuant to the requirements of the Charter, there is called and ordered to be held in the City of San Luis Obispo, California, on Tuesday, November 3, 2020, a General Municipal Election for the purpose of electing a Mayor for the full term of two years; and two Members of the City Council for the full term of four years. a) 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 3. Candidate Statement. That pursuant to Elections Code Sections 13307 and 13308, each candidate for elective office may prepare a Candidate Statement of Qualification on an appropriate form provided by the City Clerk. a) The statement may include the name, age and occupation of the candidate and a brief description of no more than 250 words of the candidate's education and qualifications expressed by the candidate himself or herself. 17 Packet Page 158 Item 13 Resolution No. (2020 Series) Page 2 b) The statement shall not include party affiliation of the candidate, membership or activity in partisan political organizations, and shall not in any way make reference to other candidates for the same office or to another candidate's qualifications, character, or activities. 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. d) 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. e) Pursuant to Elections Code Section 13313, the statement shall remain confidential until after the close of the nomination period and will be available for public examination for no less than 10 days after the close of nominations. Any challenges to a statement must be made during this 10-day period. f) Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Luis Obispo. The County will print and mail sample ballots and candidates' statements to all voters in English and in Spanish (if requested). g) Each candidate who files a Candidate Statement of Qualifications will be required to pay an estimated deposit at the time the statement is filed to cover the cost of the printing and handling. The estimated deposit amount is an approximation of the actual cost 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 will bill the candidate for additional actual expense or refund any excess amount paid depending on the final actual cost. h) That the City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nomination papers are issued. SECTION 4. Consolidation. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election the City Council hereby authorizes and acknowledges the following: a) That the county election department 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 or special election. b) That the City of San Luis Obispo recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. i) 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. 17 Packet Page 159 Item 13 Resolution No. (2020 Series) Page 3 c) That the ballots to be used at the election shall be in form and content as required by law. d) That the City Clerk is authorized, instructed and directed to coordinate with the County of San Luis Obispo 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. e) 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 § 10242, except as provided in § 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 17 Packet Page 160 Item 13 Resolution No. (2020 Series) Page 4 SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. a) The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of San Luis Obispo. Upon motion of Council Member seconded by Council Member , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2020. Mayor Heidi Harmon ATTEST: Teresa Purrington, City Clerk APPROVED AS TO FORM: J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on Teresa Purrington, City Clerk 17 Packet Page 161 Item 13 Page intentionally left blank. Packet Page 162 IYlll: E �t w � ■�Kt i m IN GAT Y O.h CITY OF 5HII DELIS OBISPO L�rs o� aF� f f" Recommendation Adopt a Resolution Calling for 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 Charter, adopting regulations for Candidate Statements, and requesting the Board Of Supervisors of the County Of San Luis Obispo to consolidate a General Municipal Election with the Statewide General Election to be held on November 3, 2020, pursuant to § 10403 of the Elections Code." 2020 Regular Municipal Election ■ Requesting consolidation with the County ■ Three seats are up for election. Mayor — 2-year term expiring December 2022 Two Council Members — 4-year term expiring December 2024 ■ Establishing provisions regarding Candidate Statements (typo in Resolution) ■ Section 3. Candidate Statement a) The statement may include the name, age and occupation of the candidate and a brief description of no more than 2-50 words of the candidate's education and qualifications expressed by the candidate himself or herself. 2020 Regular Municipal Election ■ Important Dates for Candidates July 13 —August 7 - Nomination Period and Candidate Statements (Appointments Required) August 8 —August 12 - Extended filing period if eligible incumbent does not file August 26 - Candidate Orientation with City Manager and Department Heads September 7 — October 20 — Filing period for write-in candidates 2020 Regular Municipal Election ■ Important Dates for Voters October 5 — Vote by mail period begins November 3 — Election Day — polls open from 7 a.m. to 8 p.m. Recommendation Adopt a Resolution Calling for 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 Charter, adopting regulations for Candidate Statements, and requesting the Board Of Supervisors of the County Of San Luis Obispo to consolidate a General Municipal Election with the Statewide General Election to be held on November 3, 2020, pursuant to § 10403 of the Elections Code." with the proposed correction.