AGENDA
Oakley City Council
Thursday, August 25, 2022
6:30 PM
Special Meeting to be held in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561
MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.
VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard.
Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road.
Agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.
A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000.
The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the City's website, and by emailing [email protected].
If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000.
Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.
Information Regarding Public Comment
1 Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment.
PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at
https://www.ci.oakley.ca.us/online-public-comment-card/.
1.Opening Matters
1.1 Call to Order and Roll Call of the Oakley City Council
1.2 Pledge of Allegiance to the Flag
2.Public Comments
At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items.
3.Regular Calendar
3.1 Adopt a Resolution accepting the City Clerk's notice of facts and options available under California Elections Code Section 10229 that there are not more candidates than offices to be elected in District 4 for the November 8, 2022 General Municipal Election in the City of Oakley as there is one nominated candidate and one seat available in District 4, and either make an appointment of the nominated candidate or direct an election to be held in District 4 (Libby Vreonis, City Clerk)
Staff Report
1. Notice of facts and options available
2. Resolution to accept notice of facts and options available and appoint the nominated candidate to District 4
3. Resolution to accept notice of facts and options available and direct an election for District 4
4.Adjourn
2 STAFF REPORT
Approved and Forwarded to the City Council
DATE: August 25, 2022
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Adopt a Resolution accepting the City Clerk’s notice of facts and options available under California Elections Code §10229 that there are not more candidates than offices to be elected in District 4 for the November 8, 2022 General Municipal Election in the City of Oakley as there is one nominated candidate and one seat available in District 4, and either make an appointment of the nominated candidate or direct an election to be held in District 4
Summary and Background
The nomination period for the November 8, 2022 General Municipal Election in the City of Oakley closed August 12, 2022. Two candidates were nominated for the election in District 2 and the election for District 2 will be held. One candidate was nominated for the election in District 4. This staff report addresses options available for District 4 where only one candidate has been nominated.
California Elections Code §10229(a)(1) provides that when there is one nominated candidate in an election, as exists in District 4, the City Council can appoint the person who has been nominated or hold the election. It requires the city election official to publish a notice of these facts and options available and after the fifth day of publication, the City Council may make the appointment or direct an election to be held. The notice was published Saturday, August 20, 2022, in the East County Times, and the meeting is called this evening for the City Council to provide direction.
If the nominated candidate is appointed, she would qualify and take office and serve exactly as if elected at a municipal election for the office. In this situation, the appointed person’s name and candidate statement would not appear on the ballot for District 4 and pursuant to Elections Code §10229(c), no write-in candidates would be allowed.
If the City Council directs an election to be held, there is an associated cost with holding the election. County Elections provided information that District 4 has 5,790 voters and 3 the estimated cost of the election is $3-$4 per registered voter, therefore the estimated cost is $17,370-$23,160 to hold the election for District 4. In this situation, the nominated candidate’s name would appear on the ballot, along with her candidate statement, and write-in candidates would be allowed.
A person interested in being a write-in candidate must be a registered voter, reside within the district in which he/she/they will run for office, and file a “Statement of Write-in Candidacy” for office between September 12, 2022 and October 25, 2022. A minimum of 20 valid signatures (maximum of 30 valid signatures) must be obtained on the write-in candidate’s nomination paper to qualify. A valid signature means a signer of the nomination paper must be registered to vote and reside within the same district as the write-in candidate. Write-in candidates file the same forms required of other candidates with the exception of the candidate statement form and ballot designation worksheet.
Write-in candidates are not allowed to file a candidate statement. Only votes cast for qualified write-in candidates are reported.
Staff has received information from a resident within District 4 who has expressed interest in being a write-in candidate. The regular nomination period began July 18, 2022 and ended August 12, 2022 at 5 p.m. The resident pulled nomination papers on August 10, 2022 and filed the afternoon of August 12, 2022 with 21 signatures on the nomination paper. Later that same evening, County Elections indicated the resident did not qualify for the election as the nomination paper was short 1 valid signature to qualify and subsequently confirmed 2 residents who signed the petition were not registered to vote. The nomination process provides that a candidate may pull a supplemental nomination paper to obtain additional valid signatures to qualify; however, it must be filed before the nomination period deadline. In this situation, the candidate would not have been able to pull the supplemental nomination paper as the nomination deadline had already passed when staff received notice from County Elections that the nomination paper did not have enough valid signatures. Candidates are encouraged to file as early as possible to avoid this situation.
Consistency with the Oakley Strategic Plan 27+
City Council appointments or elections are consistent with the Community and Collaborative Partnerships Goal in the Oakley Strategic Plan 27+.
Fiscal Impact
Funds have been budgeted for the November 8, 2022 General Municipal Election for both districts. There would an estimated cost savings of approximately $20,000 should the City Council appoint the nominated candidate to District 4.
Recommendation
Staff recommends that the City Council consider both options and adopt a resolution either to appoint the nominated candidate to District 4 or direct an election to be held for District
4. 4
Attachments
1. Notice of facts and options available under California Elections Code §10229.
2. Proposed Resolution to accept the notice of facts and options available under California Elections Code §10229 and appoint the nominated candidate to District 4.
3. Proposed Resolution to accept the notice of facts and options available under California Elections Code §10229 and direct an election to be held for District 4. 5 CITY CLERK CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED IN DISTRICT 4
I, Libby Vreonis, City Clerk of the City of Oakley, do hereby certify that pursuant to California Elections Code § 10229, to the following facts relating to the General Municipal Election in the City of Oakley to be held on November 8, 2022:
As of the close of the nomination period on August 12, 2022, there are not more candidates than offices to be elected in District 4. There is one seat available in District 4 and one candidate qualified for the election in District 4.
The person nominated is: Shannon Shaw
That § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1) Appoint to the office the person who has been nominated. 2) Appoint to the office any eligible voter if no one has been nominated. 3) Hold the election if either one or no one has been nominated.
Option 2 above is not applicable as Shannon Shaw has been nominated and qualified.
Notice of these facts will be published on August 20, 2022, in a newspaper of general circulation pursuant to Section 6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet to either make the appointment or direct an election to be held. The person appointed, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If by the 75th day before the election, August 25, 2022, no person has been appointed to the office, the election shall be held.
If the City Council makes an appointment pursuant to § 10229, Elections Code, the City Clerk shall not accept for filing any statement of write in candidacy, which is submitted after the appointment is made.
____________________________________
Libby Vreonis, City Clerk
Dated: August 18, 2022
6 RESOLUTION NO. _________-22
RESOLUTION OF THE OAKLEY CITY COUNCIL ACCEPTING THE CITY CLERK’S NOTICE OF FACTS AND OPTIONS AVAILABLE UNDER
CALIFORNIA ELECTIONS CODE §10229 AND APPOINTING THE
NOMINATED CANDIDATE, SHANNON SHAW, TO DISTRICT 4
BE IT RESOLVED by the City Council of the City of Oakley that it hereby accepts the City Clerk’s notice of facts and options available under California Elections Code §10229 and appoints the nominated candidate, Shannon Shaw, to District 4, and she shall qualify and take office and serve exactly as if elected at a municipal election for the office.
The foregoing resolution was introduced at a regular meeting of the Oakley City Council held on the 25th day of August, 2022, by Councilmember _________________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon voice vote carried and the resolution adopted by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
__________________________
Randy Pope, Mayor
ATTEST:
___________________________
Libby Vreonis, City Clerk Date
7 RESOLUTION NO. _________-22
RESOLUTION OF THE OAKLEY CITY COUNCIL ACCEPTING THE CITY CLERK’S NOTICE OF FACTS AND OPTIONS AVAILABLE UNDER
CALIFORNIA ELECTIONS CODE §10229 AND DIRECTING AN ELECTION TO BE HELD FOR DISTRICT 4
BE IT RESOLVED by the City Council of the City of Oakley that it hereby accepts the City Clerk’s notice of facts and options available under California Elections Code §10229 and directs an election to be held for District 4.
The foregoing resolution was introduced at a regular meeting of the Oakley City Council held on the 25th day of August, 2022, by Councilmember _________________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon voice vote carried and the resolution adopted by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
__________________________
Randy Pope, Mayor
ATTEST:
___________________________
Libby Vreonis, City Clerk Date
8