RESOLUTION NO. 2024-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
CALLING AND PROVIDING FOR A GENERAL MUNICIPAL ELECTION
TO BE HELD IN THE CITY OF GONZALES ON NOVEMBER 5, 2024, MAKING DETERMINATIONS REQUIRED BY SECTION 13307 OF THE ELECTIONS CODE WITH RESPECT TO CANDIDATES’ STATEMENTS, REQUESTING THE MONTEREY
COUNTY ELECTIONS DEPARTMENT TO CONDUCT AND CONSOLIDATE THE
ELECTION WITH THE STATEWIDE GENERAL ELECTION AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MONTEREY
COUNTY REGISTRAR OF VOTERS FOR RELATED ELECTION ACTIVITIES WHEREAS, on August 7, 2023, the Gonzales City Council adopted Ordinance No. 2023- 139 which established a district-based as opposed to at-large-based election system for council members in the City, whereby a council member elected to represent one of each of four districts in the City must reside in that district, must be a registered voter in that district, and must be elected from the voters of that district alone. Ordinance No. 2023-139 did not change the prior process of electing the Mayor’s position on an at-large basis; and WHEREAS, pursuant to Government Code Section 36503 and Gonzales City Code Section
1.40.010, the City of Gonzales is authorized to hold its general municipal election on the same date as the statewide general election in even numbered years; and WHEREAS, pursuant to the provisions of Section 10400 et seq. of the Elections Code, an election is to be held in the City of Gonzales on November 5, 2024, for the purpose of electing successors to those City officers whose terms of office will expire in November of 2024, namely, one council member in newly established District No. 2 for a four (4) - year term, as well as the Mayor’s at-large position for a two (2)-year term; and
WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, and in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body calling the elections; and
WHEREAS, for the ease and convenience to the registered voters within this City and in order to take advantage of any possible reduction in election costs, it is desirable that the City Election be consolidated with any other election to be held on the same day; and WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a city for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the city shall, at least 88 days prior to the date of the election, file with the Board of Supervisors, and a copy with the Elections Official, a resolution of its governing body requesting the consolidation, and setting forth the exact form of question, proposition, or office to be voted upon at the election, as it is to appear on the ballot, and upon such request, the Board of Supervisors may order the consolidation: and
WHEREAS, pursuant to Elections Code Section 10002, the governing body of any city may by resolution request the Board of Supervisors of the county to permit the County Election Official to render specified services relating to the conduct of an election; and WHEREAS, the resolution of the governing body of the city shall specify the services requested; and
WHEREAS, pursuant to Elections Code Section 10002, the City shall reimburse the county in full for the services performed upon presentation of a bill to the City; and WHEREAS, pursuant to Section 13307 of the Elections Code, it is incumbent upon this City Council to determine who will pay the cost of the candidate's statement and to fix the maximum number of words to be submitted on said statement; and WHEREAS, Elections Code Section 15651 requires a city to determine the means and manner in which a tie vote is to be resolved in the event that two or more persons receive an equal number of votes and the highest number of votes for an office to be voted upon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gonzales as follows:
Section 1. All of the recitals set forth above are true and correct to the best of the City Council’s knowledge and by this reference, are incorporated herein.
Section 2. A municipal election will be held within the City of Gonzales on November 5, 2024, for the purpose of electing one council member in District No. 2 for a four-year term and the Mayor at an at-large election for a two-year term for a total of two (2) offices.
Section 3. This election is hereby ordered to be called and consolidated with any other election, including but not limited to the statewide general election, to be held totally or partially within the boundaries of the City on November 5, 2024.
Section 4. Pursuant to Elections Code Section 13307, the candidate will pay the cost of the candidate's statement. Said statement shall not exceed two hundred (200) words in length and unless authorized by law, no other candidate materials will be allowed to be mailed with the candidate's statement. The candidate shall submit payment to the County Elections Department upon submission of the candidate's statement.
Section 5. The governing body of the City of Gonzales hereby requests the Board of Supervisors to permit the Monterey County Elections Department to provide any and all services necessary for conducting the election. The City will pay for any and all costs associated with the City election, on a prorated basis, pursuant to the terms and conditions of the “Service Agreement for the Provision of Election Services Between the City of Gonzales and Monterey County Registrar of Voters,” marked Exhibit A and made a part hereof. The City Manager is hereby authorized to execute said agreement on the City’s behalf.
Section 6. The Monterey County Registrar of Voters shall conduct the official canvass and shall provide the City with an Official Canvass and Statement of Votes. The City Council shall meet on or before the next scheduled meeting following the certification of the election to approve the canvass. Pursuant to Elections Code Section 15651(a), in the event of a tie vote, the City Council, acting as the Election Board, shall resolve the tie by lot.
Section 7. In accordance with Sections 12101 and 12110 of the Elections Code and Section 6061 of the Government Code, the City Clerk is hereby authorized and directed to cause a notice of the election, the offices to be filled, and the list of nominees, to be published once in the Salinas Valley Tribune, a weekly newspaper of general circulation, printed, published and circulated in the City of Gonzales and hereby designated for that purpose by the Council of Gonzales.
Section 8. The City Clerk is hereby authorized and directed to certify to the due adoption of this Resolution and to transmit a copy hereof to the Board of Supervisors and the Registrar of Voters of Monterey County.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 17th day of June, 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk