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HomeMy WebLinkAboutItem 6g. Adopt a Resolution Calling the November 5, 2024 General Municipal Election and adopting regulations Item 6g Department: Administration Cost Center: 1021 For Agenda of: 6/18/2024 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Megan Wilbanks, Deputy City Clerk SUBJECT: ADOPT A RESOLUTION CALLING THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION AND ADOPTING REGULATIONS RECOMMENDATION Adopt a Draft 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 5, 2024, 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 5, 2024, pursuant to Section 10403 of the Elections Code.” POLICY CONTEXT Section 302 of the City Charter and California Elections Code outline the process and timeline for municipal elections. 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 5, 2024 for the election of two (2) members of Council and the Mayor. 2. Set regulations for candidate statements. 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. Page 69 of 747 Item 6g Background 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 5, 2024, is when the General Municipal Election is to be held. The California Election Code establishes procedures and requirements for conducting a General Municipal Election. In addition, State Elections Code Section 13307 contains provisions related to the printing, distribution, and estimated costs of candidates' statements in the voter information guide. 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 Qualifications of no more than 200 words and specifies that candidates pay the costs for including the statements in the voter information guide. Each candidate who wishes to file a candidate’s statement will be required to pay a deposit1, at the time the statement is filed, to cover the cost of printing and handling. Pursuant to the Federal Voting Rights Act, the county of San Luis Obispo is not subject to language requirements for minority groups, therefore, the County will only translate candidate statements to Spanish upon request and after the required fee is paid. The estimated deposit 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. Public Engagement No public engagement was done for the calling of the election , as this is required by the City Charter and the California Elections Code. Legal ads will be placed regarding open seats and then again after the nomination period notifying the public about those who qualify to run for an open seat. 1 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. Page 70 of 747 Item 6g 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: 2024-25 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $80,000 $ $ State Federal Fees Other: Total $ $ $ $ The County of San Luis Obispo Registrar of Voters has provided an estimate of $86,775 for the cost of the election in 2024. This estimate is based on currently known cost information. Due to legislative changes (all mailed ballots), 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. Should the actual cost come in as estimated, it can be covered by Advertising and Outreach funding in the City Clerk’s budget. The City Clerk’s budget has $80,000 for election costs. ATTACHMENTS A - Draft Resolution calling for the General Municipal Election to be held on Nov. 5, 2024 Page 71 of 747 Page 72 of 747 R ______ RESOLUTION NO. _______ (2024 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 5, 2024, 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 5, 2024, PURSUANT TO § 10403 OF THE ELECTIONS CODE. WHEREAS, under the provisions of the Charter, a General Municipal Election shall be held on November 5, 2024, 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 5, 2024, 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 200 words of the candidate’s education and qualifications expressed by the candidate themselves. Page 73 of 747 Resolution No. ______ (2024 Series) Page 2 R ______ 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 digital form and submitted electronically to cityclerk@slocity.org at the time the candidate’s nomination papers are filed. d) Once filed with the City Clerk, 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, the county of San Luis Obispo is not subject to language requirements for minority groups, therefore, the County will only translate candidate statements to Spanish upon request and after the required fee is paid. The County will print and mail sample ballots and candidates’ statements to all voters in English and, if requested, in Spanish. 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 make this resolution available to each candidate or the candidate’s representative 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. 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. Page 74 of 747 Resolution No. ______ (2024 Series) Page 3 R ______ 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 act as the authorized representative of the City in the administration of said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. 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 se ven 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. Page 75 of 747 Resolution No. ______ (2024 Series) Page 4 R ______ 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 __________, 2024. ___________________________ Mayor Erica A. Stewart 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 Page 76 of 747