DATE:
August 24, 2022
TO:
Mayor and Council Members
FROM:
Nils Bentsen, City Manager
BY:
Eric Dunn, City Attorney
Melinda Sayre, Director of Government Services/ City Clerk SUBJECT:
Consideration to Cancel the November 8, 2022, Election Due to Insufficient Nominees for the Offices of City Council District 2, City Council District 3, and City Council District 4.
RECOMMENDED ACTION
It is recommended that the City Council 1) Accept the City Clerk’s certification that there is only one (1) nominee for City Council District 3 and City Council District 4 to be filled at the November 8, 2022 Election; and 2) Accept the City’s Clerk’s certification that there is no nominee for City Council District 2 to be filled at the November 8, 2022 Election; and 3) Consider Adoption of a Resolution No. 2022-66 Appointing the Nominees to City Offices that were to be elected at the November 8, 2022 Election and canceling the November 8, 2022, Election.
BACKGROUND
The City of Hesperia conducts its General Municipal Election on the first Tuesday after the first Monday of November in even-numbered years. This election is also consolidated with the Statewide election occurring on the same date. On June 21, 2022, the City Council adopted a resolution calling and giving notice of holding a general municipal election on Tuesday, November 8, 2022, in order to elect the following offices: City Council District 2 (full term of 4 years), City Council District 3 (full term of 4 years), and City Council District 4 (full term of 4 years). This general municipal election was consolidated with the Statewide General Election occurring on the same date that is being run by the County.
Cancelling the November 8, 2022 Election, and Appointing the Nominees The nomination period for the November 8, 2022, General Municipal Election was July 18, 2022, through Friday, August 12, 2022. As of the close of the nomination period on Friday, August 12, 2022, for Members of the City Council representing District 3 and District 4, only one (1) candidate has been nominated for each office. The persons so nominated are as follows:
City Office
Person Nominated
City Council District 3
Cameron Gregg
City Council District 4
Brigit Bennington
As of the close of the nomination period on Friday, August 12, 2022, for Members of the City Council representing District 2 there were no persons nominated.
Since qualified candidates for City Council Districts 3 and 4 are unopposed, Elections Code § 10229 provides procedures for appointment if only one person is nominated for an elective office and cancellation of its election. The City Clerk is required to submit a certification of these facts to the City Council, publish a notice of the same (published on Thursday, August 18th, and after the fifth day following the date of publication or posting, the City Council will meet to either make the appointment(s) or direct an election to be held. The person(s) appointed, if any, shall qualify and take office and serve exactly as if the person(s) were elected at a municipal election for the office.
In light of the foregoing, the Elections Code § 10229 permits the City Council to take one of the following courses of action:
1. Appoint to the office(s) the person(s) who have been nominated.
2. Appoint to the office(s) any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
As prescribed by the Elections Code, action must be taken prior to August 25, 2022 (75th day before the municipal election), or the Municipal Election will go forward.
The City Clerk has provided the required certification to the Council that there are not more candidates than the offices to be elected (Exhibit A); therefore, the City Council has the option to appoint the nominees to corresponding office and to cancel the related election. Staff recommends this action and has prepared an appropriate Resolution (Attachment 2). Further, notice of this was posted on August 17, 2022, and published in the Daily Press on August 19, 2022.
Although the Council could choose to hold the election for the open offices in District 2, 3 and 4, staff does not recommend this action, since it may result in the City unnecessarily incurring significant elections costs. Moreover, the cancellation of the election should result in a significant reduction in election costs. The current estimate of holding of November 8, 2022, election is $130,000 which would be paid to the County for consolidated election costs.
If the Council appoints the unopposed candidates to the open offices, those appointees will serve in office exactly as if they had been elected, starting their new term when they are sworn into office. Additionally, if the Council appoints a qualified individual to the open District 2 office, that appointee will serve in office exactly as if they had been elected, starting their new term when they are sworn into office.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Exhibit A Certificate of Insufficiency
Resolution No. 2022-66
Page PAGE 2 of NUMPAGES 2
Staff Report to the Mayor and City Council
Countywide Vision Statement
August 24, 2022
City of Hesperia
STAFF REPORT