CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM 4. 6
ITEM: GENERAL MUNICIPAL ELECTION - NOVEMBER 5,
2024
RECOMMENDATION: Council to Consider the Following:
1. Adopt Resolution 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 Laws
of the State of California Relating to General Law
Cities;
2. Adopt Resolution Requesting the San Joaquin
County Board of Supervisors to Consolidate a
General Municipal Election to be Held on
November 5, 2024, with the Statewide General
Election to be Held on the Same Date Pursuant To
10403 Of The Elections Code; and
3. Adopt Resolution Adopting Regulations for
Candidates for Elective Office Pertaining to
Candidates Statements Submitted to the Voters at
an Election to be Held on Tuesday, November 5,
2024
SUMMARY:
The 2024 General Municipal Election will be held on Tuesday, November 5, 2024, for the two -year -term Mayor' sseat and two ( 2) four -year -term City Council seats. The terms ending are those of Mayor Dhaliwal, Vice Mayor Diallo, and Councilmember Torres -O' Callaghan.
By statute, a number of actions and decisions must be made by the City Council before the opening of nominations. The City Clerk, as Elections Official, has prepared the attached resolutions for City Council consideration, which will call the election, request consolidation with the County, and establish necessary guidelines.
BACKGROUND:
Pursuant to Lathrop Municipal Code Section 1. 08.10, the City of Lathrop holds its General Municipal Election on the same day as the Statewide General Election. This is the first Tuesday, after the first Monday in November of each even - numbered year.
This year, the date is November 5, 2024. The election will be consolidated with San Joaquin County and the Registrar of Voters will be asked to conduct the election on behalf of the City of Lathrop.
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 5, 2024
PAGE 2
The election services provided by the Registrar of Voters primarily include the printing and mailing of ballots, opening and closing of voting centers, counting of ballots, canvassing of returns and all other proceedings incidental to and connected with the City' s
General Municipal Election, amongst other related services.
In order to initiate the administration of the General Municipal Election as required by the Elections Code, staff is requesting City Council consideration of the attached resolutions. Once adopted, the signed resolutions with be forwarded to the Clerk of the Board of Supervisors for the Board' sapproval, with a copy to the Registrar of Voters. The resolutions are as follows:
1. Resolution Calling for the Holding of a General Municipal Election on Tuesday, November 5, 2024 ( Attachment A)
The Elections Code provides that the City Council shall issue a resolution calling the election. Attached is a resolution calling for the holding of a General Municipal Election in the City of Lathrop on November 5, 2024, for the election of three ( 3) Members of the City Council, for the following terms:
Mayor - Full term of two ( 2) years
Two ( 2) Members of City Council - Full term of four ( 4) years
2. Resolution Requesting the County of San Joaquin to Consolidate the General Municipal Election with the Statewide General Election Attachment B)
The Elections Code provides that the City Council may, by resolution; request that the County Board of Supervisors permit the County Elections Official to render specified services to the City relating to the conduct of an election. The City Clerk will work closely with the San Joaquin County Registrar of Voters for election services. The City reimburse the County for these services upon completion of the work and presentation of an appropriately approved invoice to the City.
3. Resolution Approving Regulations Pertaining to the Candidate Statements ( Attachment C)
The Elections Code provides that the City Council adopt regulations pertaining to the statement prepared by any candidate for the General Municipal Election and to determine whether a charge shall be levied to cover the actual costs of such statement. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words about the candidate' seducation and qualifications as expressed by the candidate. The City Council may authorize an increase in the limitation of words for the statement from 200 to 400 words.
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 5, 2024
PAGE 3
Historically, the City of Lathrop has not authorized the word increase. Staff recommends authorizing the 200 - word limit for this election, in order to avoid increased costs for the statements. It is recommended that any candidate who chooses to submit a candidate statement pay for the costs of translating, printing, and mailing of the candidate statement. Upon submission of nomination papers, candidates would be required to provide a deposit to the City Clerk, payable to the City of Lathrop, for this purpose.
The cost estimate ( Attachment D) is calculated by the San Joaquin County Registrar of Voters, based on the number of registered voters, page formatting and the number of pages of the sample ballot and will be provided to the candidate during the nomination process. For the 2022 Election, the actual cost of printing for candidate statements was $ 562. However, considering rising inflation costs, staff anticipates printing costs for the 2024 Election to be around $ 950, therefore, staff will set the deposit amount at that amount. The candidate shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the San Joaquin County Registrar of Voters.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolutions provided regarding the upcoming General Municipal Election to be held on November 5, 2024, and direct the City Clerk, as Elections Official, to work with the San Joaquin County Registrar of Voters on election preparations and related activities.
FISCAL IMPACT:
The San Joaquin County Registrar of Voters provided a cost estimate for the 2024 Municipal General Election. The estimated cost for the 2024 General Municipal Election is expected to be around $ 64, 000. The City Clerk' s budget for Fiscal Year 2024-025, includes approximately $ 70, 000 for election consolidation services with San Joaquin County. An additional budget amendment is not needed at this time.
However, considering the increase in population the final cost from the San Joaquin County Registrar of Voters may be slightly higher than projected cost estimate. In this case, a budget amendment from the General Fund will be requested during the FY 2024-025 midyear approval process.
CITY MANAGER' SREPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 5, 2024
ATTACHMENTS:
PAGE 4
A. Resolution Calling for the Holding of a General Municipal Election on Tuesday, November 5, 2024
B. Resolution Requesting the County of San Joaquin to Consolidate the General Municipal Election with the Statewide General Election
C. Resolution Approving Regulations Pertaining to the Candidate Statements D. Election Cost Estimate Provided by the San Joaquin County Registrar of Voters, dated June 3, 2024
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 5, 2024
APPROVALS:
esa Vargas
Government Services Director
City Clerk
1' ' riff
bielottizzi
PAGE 5
Date
CQ/ L/ /- 76- 1q
Cari James Date
Finance Director
6 y-ZO 1-y
Salvador Navarrete Date
City Attorney
Ste J. Salvatore Date
City Manager
Attachment A
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP,
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 LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of Municipal Officers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lathrop, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a Mayor for the full term of two ( 2) years beginning December 2024 and ending December 2026); and two ( 2) Members of the City Council for the full term of four ( 4) years ( beginning December 2024 and ending December 2028).
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of San Joaquin 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.
SECTION 4. That the polls for the election shall be open at seven 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 §§ 14212, 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.
SECTION 6. 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.
Resolution No. 24- Page 1 of 2
SECTION 7. That in the event of a tie vote ( if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Joaquin Registrar of Voters, the City Council, in accordance with Election Code § 15651( a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED, AND ADOPTED ON the 10th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney APPROVED AS TO FORM:
Resolution No. 24 - Page 2 of 2
Attachment B
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF SAN JOAQUIN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Lathrop called a General Municipal Election to be held on November 5, 2024, for the purpose of the election of a Mayor for the full term of two ( 2) years ( beginning December 2024 and ending December 2026) and two ( 2) Members of the City Council for the full term of four ( 4) years beginning December 2024 and ending December 2028); 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 / Registrar of Voters of the County of San Joaquin 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, THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Joaquin is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of a Mayor for the full term of two ( 2) years ( beginning December 2024 and ending December 2026) and two ( 2) Members of the City Council for the full term of four ( 4) years ( beginning December 2024 and ending December 2028).
SECTION 2. That the County Election Department / San Joaquin County Registrar of Voters 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 election.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department / San Joaquin County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Lathrop recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of San Joaquin for any election related costs.
Resolution No. 24- Page 1 of 2
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Election Department / Registrar of Voters of the County of San Joaquin.
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.
PASSED, APPROVED AND ADOPTED ON the 10th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24- Page 2 of 2
Attachment C
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Lathrop on November 5, 2024, may prepare a candidate' sstatement on an appropriate form provided by the City Clerk. 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' seducation and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate' s nomination papers are filed. 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.
SECTION 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Joaquin. The County is required to translate candidate statements into Spanish.
B. The County will print and mail voter information guides and candidate statements to all voters in English and Spanish. The County will make the voter information guides and candidate statements in the required languages available at all polling places, on the County' swebsite and in the Election Official' soffice.
SECTION 3. PAYMENT.
A. Translations
1. The candidate shall be required to pay for the cost of translating the candidate' sstatement into any required foreign language as specified in ( A) and ( B) of Section 2 above, pursuant to Federal and/ or State law.
Resolution No. 24- Page 1 of 3
2. The candidate shall be required to pay for the cost of translating the candidate' sstatement into any foreign language that is not required as specified in ( A) and ( B) of Section 2 above, pursuant to Federal and/ or State law, but is required as an option by the candidate.
B. Printing
1. The candidate shall be required to pay for the cost of printing the candidate' sstatement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate' sstatement in a foreign language required in ( A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidate' sstatement in a foreign language requested by the candidate per ( B) of Section 2 above, in the main voter pamphlet.
4. The candidate shall be required to pay for the cost of printing the candidate' sstatement in a foreign language required by ( A) of Section 2 above, in the facsimile voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 ( as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election 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 may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election, or the date of the final billing from the County.
SECTION 4. MISCELLANEOUS.
A. All translations shall be provided by professionally -certified translations.
B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
Resolution No. 24- Page 2 of 3
SECTION 6. That the City Clerk shall provide each candidate or the candidate' s representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. That all previous resolutions establishing Council policy on payment for candidate statements are repealed.
SECTION 8. That this resolution shall apply only to the election to be held on November 5, 2024, and shall then be repealed.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED the 10th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24- Page 3 of 3
Attachment D
SAN JOAQUIN
COUNTY
June 3, 2024
City of Lathrop
390 Towne Centre Dr.
Lathrop, CA 95330
Attention Teresa Vargas:
Hello Teresa,
Registrar of Voters
Olivia Hale, Registrar of Voters
Eric Diaz, Assistant Registrar of Voters
Thank you for contacting our office regarding cost estimates for the upcoming November 2024 Presidential General Election. You have inquired about cost estimates for three ( 3) contests which include the following: Mayor and two (2) City Councilmembers. Please see the following estimates for the contests and measures you have specified.
Measure Estimates*
The cost range for one measure: No measure estimate requested at this time.
These cost estimates are based on several variable factors including, but not limited to, historical data from the last several like elections, the current and projected number ofregistered voters in the city/ district, the length of the measure, the price to print each page of the measure, and how many total city/ district contests or measures will be on the ballot ( which determines the total billable costs to the cities/ districts).
Does not include the potential costs for Publication ofLegal Notices related to the Measure/ Contest. Should any such legal notices be required, the related costs would increase the billed election cost, accordingly.
Contest Estimates*
Here are the cost estimates for each seat:
Mayor - $ 62, 000
City Council Seat 1 - $ 1, 000-$ 4, 000 (Economies of Scale factor due to first contest) City Council Seat 2 - $ 1, 000-$ 4, 000 (Economies of Scale factor due to first contest) Does not include the potential costs for Publication ofLegal Notices related to the Measure/ Contest. Should any such legal notices be required, the related costs would increase the billed election cost, accordingly.
Similarly to the measure estimates, the cost estimates for the contests are based on several variable factors including, but not limited to, historical data from the last several like elections, the current and projected number ofregistered voters in the city/ district, how many total 44 N. San Joaquin Street, Suite 350 1 Stockton, California 95202 1 T 209 468 8683 1 F 209 468 9534
SAN JOAQUIN
COUNTY
Registrar of Voters
Olivia Hale, Registrar of Voters
Eric Diaz, Assistant Registrar of Voters
city/ district contests or measures will be on the ballot (which determines the total billable costs to the cities/ districts), and other associated costs and factors.
It is important to note that these estimates are preliminary, not final, and are subject to change based on the variable data. Please see our disclaimer** below for more information.
If you have any questions, feel free to reach out to me at ( 209) 953- 1073 or via email at tparry( asjgov. org.
Thank you for entrusting us with this important task. We look forward to assisting you in ensuring a smooth and successful electoral process for the upcoming November 2024 Presidential General Election.
Sincerely,
Trevor Parry
Management Analyst II
San Joaquin County Registrar of Voters
As a general disclaimer, the following cost estimates are based on information available at the time of estimation. These estimated costs are based on data from recent like elections and actual costs may vary depending on factors such as an increase in registered voters, inflation, cost of living increases, and other current market trends and data.
While we make every effort to provide accurate estimates, this is not a contract, and the final costs may differ from the quoted price. This estimate is provided for informational purposes only and does not constitute a binding agreement. We cannot be held legally liable for any discrepancies between the estimated costs and the final invoice.
The San Joaquin County Registrar of Voters Office is currently in the process of reviewing its election billing policies & procedures in order to ensure that best practice is followed and that our methodology is in accordance with industry standards. There is a possibility that a new methodology may be adopted, which would affect the amount billed to cities and districts. Please take this into consideration as the upcoming election approaches. 44 N. San Joaquin Street, Suite 350 1 Stockton, California 95202 1 T 209 468 8683 1 F 209 468 9534