Camarillo City Council
AGENDA REPORT
Date: August 21, 2024
To: Honorable Mayor and City Councilmembers
From: Greg Ramirez, City Manager
Submitted by: Kristy Buxkemper, City Clerk
Subject: Consideration of Resolution Appointing Nominees to the Office of Councilmember for District 3 and District 4 and Cancellation of the November 5, 2024, General Municipal Election as authorized in California Election Code Section 10229 due to not having more candidates than offices to be elected.
BACKGROUND
In May 2024, the City Council adopted the required resolutions calling for the November 5, 2024 General Municipal Election to be held and approving the consolidated election with the Ventura County Elections Division. A notice of election was published by both the City and the County identifying the open office seats for Councilmember for District 3 and District 4 and provided additional specifics on the nomination period for potential candidates. The notice was posted at City Hall, and the updated City Clerk’s election website identifies information on the qualification process as well as access to the City’s approved district map.
The candidate nomination period for the November 5, 2024, General Municipal Election was held from Monday, July 15, 2024, through Friday, August 9, 2024. At the close of the nomination period, only the following individuals qualified and were nominated:
•District 3: Kevin Kildee
•District 4: Tony Trembley
No other nominations were submitted, nor were there any other nomination papers pulled.
As there are no more candidates than offices being nominated, the City Council is authorized to take action on the options provided by the California Election Code.
November 5, 2024 General Municipal Election
August 21, 2024
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DISCUSSION
Under the State Election Code 10229, if by the nomination filing deadline, the number of persons who have been nominated for those offices does not exceed the number to be filled at that election, and if there are also no qualified ballot measures, then the City’s Election Official shall submit a Certificate of Facts to the governing body (City Council) of the City and request the governing body take one of the following courses of action at a regular or special meeting held before the municipal election:
1. Appoint to the office the person or persons who has/have been nominated; or
2. Appoint to the office any eligible voter if no one has been nominated (not applicable); or
3. Determine to hold the election if either no one or only one person has been nominated.
The City Council’s decision to appoint the nominee must occur by the 75 th day, August 22, 2024, before the municipal election, otherwise, if no person has been appointed to office pursuant to actions above, the municipal election shall be held.
If Council chooses to appoint to the office the persons who have been nominated, a resolution must be adopted to appoint the nominees to those offices and cancel the November 5, 2024, General Municipal Election. That resolution is then provided to the County Elections Office.
In the event the person(s) nominated are appointed to office, the person(s) appointed shall qualify and take office and serve exactly as if elected. In addition, the City Clerk shall not accept for filing any statement of write-in candidacy after the appointment is made, as provided for in Election Code Section 10229.
The City Clerk has complied with Elections Code Section 10229 by providing the City Council with a Certification of Facts (Attachment A) and by posting at the City’s established public posting places and publishing the required notice in a newspaper of general circulation.
The Council has the option to adopt a Resolution (Attachment B) making the appointments or determine to hold the election if no appointments are made.
FISCAL IMPACT
Cancelling the November 5, 2024, General Municipal Election would yield an estimated savings of $15,000-$20,000 to account 101-1201-412.32-01.
RECOMMENDATION
Discuss the options provided under State Election Code 10229 and take one of the following courses of action:
November 5, 2024 General Municipal Election
August 21, 2024
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1. Adopt a Resolution appointing Kevin Kildee to District 3, and Tony Trembley to District 4, each to four-year terms of office as City Councilmembers and canceling the November 5, 2024, General Municipal Election; or
2. Determine to hold the election with only the one person that has been nominated for each District.
ATTACHMENTS
1. City Clerk Certificate of Facts and Publication/Public Notice: Not More Candidates Than Offices to be Elected
2. Resolution
REFERENCE MATERIALS – AVAILABLE FOR REVIEW AT CITY HALL None