Agenda Item No. 17
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 22, 2024 FROM: Robert Lomeli, City Attorney
PREPARED BY: Robert Lomeli, City Attorney
Wendi Sims, City Clerk
SUBJECT: Resolution Calling a Special Municipal Election to be Held in District 2 of the City of Grover Beach on Tuesday, November 5, 2024, for the Submission of the Question of the Recall of a Certain Officer; and Requesting that the San Luis Obispo County Board of Supervisors Consolidate the Special Municipal Election with the Statewide General Election
RECOMMENDATION
Adopt the Resolution calling a Special Municipal Election to be held in District 2 of the City of Grover Beach on Tuesday, November 5, 2024, for the submission of the question of the recall of Council Member Daniel Rushing to the voters and requesting consolidation with the statewide general election.
BACKGROUND
Pursuant to Elections Code section 11240 and following the acceptance of the Certification of Sufficiency of Signatures on the petition to recall Council Member Daniel Rushing, District 2, the City is required to call a Special Municipal Election to submit the recall question to the voters of District 2. The proposed date for this election is November 5, 2024, which coincides with the statewide general election. This consolidation aims to ensure efficiency and cost-effectiveness in the administration of the election.
The ballot will present the voters of District 2 with the question: “Shall Daniel Rushing be recalled (removed) from the office of Council Member of District 2 of the City of Grover Beach?” Voters will have the option to vote “YES” or “NO.” A majority vote (50%+1) will be required for the recall to pass. Council Member Daniel Rushing has the opportunity to file a statement of not more than 200 words with the City Clerk to be included in the voter information guide, as provided by California Elections Code section 11327.
FISCAL IMPACT
The cost of the Special Municipal Election consolidated with the statewide general election is anticipated to be $6,045 which will be incurred by the City. Reimbursement from the County for services rendered in the administration of the election will be processed upon presentation of appropriate invoices.
Staff Report: Resolution Calling for Special Election for Recall of Officer & Consolidation Request Page 2 July 22, 2024
ALTERNATIVES
N/A
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution No. 24-__ Calling a Special Municipal Election RESOLUTION NO. 24-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN DISTRICT 2 OF THE CITY OF GROVER BEACH ON TUESDAY, NOVEMBER 5, 2024, FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF A CERTAIN OFFICER; AND REQUESTING THAT THE SAN
LUIS OBISPO COUNTY BOARD OF SUPERVISORS CONSOLIDATE THE SPECIAL
MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE.
WHEREAS, under the provisions of law relating to cities in the State of California, a petition was filed demanding the recall of Council Member Daniel Rushing, District 2; and WHEREAS, the petition was signed by more than twenty-five percent (25%) of the registered voters in District 2 of the City of Grover Beach; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed recall to the voters.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach hereby finds, determines, and declares the following:
1. That pursuant to the requirements of law of the State of California relating to general law cities, there is called and ordered to be held in the City of Grover Beach, California, on Tuesday, November 5, 2024, a Special Municipal Election for the purpose of submitting the question of the recall of Council Member Daniel Rushing, District 2, to the voters.
2. In addition to any other matters required by law, the question to be submitted to the voters of District 2 of the City of Grover Beach shall appear on the ballots in substantially the following form:
Shall Daniel Rushing be recalled (removed) from the office of Council Member of District 2 of the City of Grover Beach? YES
NO
3. The vote requirement for the question to pass is a majority (50%+1) of the votes cast.
4. The ballots to be used at the election shall be in the form and content as required by law.
5. Pursuant to California Elections Code section 11327, the recalled office may file a statement of not more than two hundred (200) words with the City Clerk, in accordance with California Elections Code section 13307, to be sent to each voter, together with the voter information guide.
6. Pursuant to California Elections Code section 10403, the City Council hereby requests the San Luis Obispo County Board of Supervisors and San Luis Obispo County Registrar of Voters consolidate the recall election with the general election to be held on November 5, 2024.
Attachment 1
7. The City Clerk is hereby directed to file this Resolution with the San Luis Obispo County Board of Supervisors and San Luis Obispo County Registrar of Voters for inclusion on the November 5, 2024 ballot.
8. The City Clerk is authorized, instructed, and directed to coordinate with the San Luis Obispo County Registrar of Voters 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.
9. The precincts, vote center locations and hours of operation, ballot drop box locations and hours of operation, vote-by-mail procedures and timing, election officers and all other persons and procedures shall be those utilized by the San Luis Obispo County Registrar of Voters in order to properly and lawfully conduct the election.
10. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
11. 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.
12. In accordance with Elections Code section 10002, the City requests that the County Election Department/Registrar of Voters render full election services to the City of Grover Beach as may be requested by the City Clerk, with the County to be reimbursed in full for such services as are performed upon presentation of appropriate invoices.
13. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
On motion by ________, second by ________, and on the following roll-call vote, to wit:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City Council of the City of Grover Beach, California this 22nd day of July 2024. _____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
**DRAFT**