CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
6/13/2022
1 SUBJECT:
Consideration of (1) a Resolution Calling and Giving Notice for Holding a General Municipal Election on Tuesday, November 8, 2022 for By-District Elections to Elect One Member of the City Council from Districts 2, 3 and 5 Each, for a Full Four-Year Term; Requesting San Mateo County to Consolidate the City's General Municipal Election with the November 8, 2022 Statewide General Election and to Provide Election Services; Adopting Regulations Pertaining to the Candidates’ Statement of Qualifications; and authorize the City Manager to Execute the Service Agreement for Election Services; and (2) adopt a Resolution of the City Council of the City of Pacifica Calling and Giving Notice for Holding a General Municipal Election on Tuesday, November 8, 2022, for Submission to the Qualified Voters of the City an Advisory Measure Regarding the Sale and Use of State-Approved “Safe and Sane” Fireworks in the City and Requesting San Mateo County to Consolidate the City’s General Municipal Election with the November 8, 2022 Statewide General Election and to Provide Election Services.
RECOMMENDED ACTION:
(1) Move to adopt a Resolution of the City Council of the City of Pacifica Calling and Giving Notice for Holding a General Municipal Election on Tuesday, November 8, 2022 for ByDistrict Elections to Elect One Member of the City Council from Districts 2, 3 and 5 Each, for a Full Four-Year Term; Requesting San Mateo County to Consolidate the City's General Municipal Election with the November 8, 2022 Statewide General Election and to Provide Election Services"; Adopting Regulations Pertaining to the Candidates’ Statement of Qualifications and authorize the City Manager to Execute the Service Agreement for Election Services; and
(2) Move to adopt a Resolution of the City Council of the City of Pacifica Calling and Giving Notice for Holding a General Municipal Election on Tuesday, November 8, 2022, for Submission to the Qualified Voters of the City an Advisory Measure Regarding the Sale and Use of State-Approved “Safe and Sane” Fireworks in the City and Requesting San Mateo County to Consolidate the City’s General Municipal Election with the November 8, 2022 Statewide General Election and to Provide Election Services STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
I. Resolution Calling Election
On December 17, 2018, the City Council of the City of Pacifica adopted Ordinance No. 839- C.S., establishing a district-based system for the election of members of the City Council by five districts, establishing the boundaries and identification number of each district and establishing the election order of each district. This ordinance added Chapter 9 “District Elections” to Title 2 of the Pacifica Municipal Code. By this action, the City of Pacifica changed from an at-large Pacifica City Council 2
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election system to a by district election system for the election of City Council members. The election sequence established by Ordinance No. 839-C.S. calls for the election of City Council members for Districts 1 and 4 in the general municipal election held in November 2020 and Districts 2, 3 and 5 in the general municipal election held in November 2022. On March 28, 2022, after having conducted public hearings for redistricting based on the 2020 U.S. Census data pursuant to California Elections Code 21600 et. seq., the City Council of the City of Pacifica adopted Ordinance No. 874-C.S., to repeal and replace Pacifica Municipal Code Section 2-9.02 “City Council Districts Established” and adopting City Council District map and boundaries in Council District Map 505b. There was no change made to district election sequencing.
The City of Pacifica will conduct an election on November 8, 2022 for the purpose of electing one (1) City Council member for a full term of four years to District 2, one (1) City Council member for a full term of four years to District 3, and one (1) City Council member for a full term of four years to District 5. This will be the first by district elections in these Districts. Elections Code Section 10002 permits the City Council to request the County to provide election services and Elections Code Sections 10400 and 10403 permit the City Council to request that Pacifica's local election be consolidated with the Statewide General Election. The attached Resolution accomplishes these actions.
Pursuant to Elections Code section 13307 the governing body of any local agency must adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the Candidates’ Statement of Qualifications (SOQ) and that those regulations be provided to candidates. The proposed Resolution adopts such regulations in compliance with Elections Code section 13307.
The nomination period opens Monday, July 18, 2022, at 8:30 a.m. and closes at 5:00 p.m., on Friday, August 12, 2022.
II. Fireworks Advisory Measure
Article 2 of Chapter 3 of Title 4 of the City of Pacifica’s Municipal Code regulates the use and sale of State-approved, “Safe and Sane” fireworks in the City. The history of the Safe and Sane Fireworks Sales Program in the City dates back to March 1961, when City Council adopted Ordinance No. 167, regulating the sale of State-approved, “Safe and Sane” fireworks.
As is the case today, the ordinance specified local non-profit groups as eligible to obtain a fireworks permit.
In 1983 and in 1996, the City placed advisory measures on the ballot to determine whether the City’s voters wished to continue with the Safe and Sane Fireworks Sales Program in the City.
Voters in 1983 expressed majority support to continue the program with 38% (1,587 voters) voting to end the program and 62% (2,641 voters) voting to continue fireworks sales.
In November 1996, the City again sought advice from the electorate. Measure W was placed on the ballot with the following language:
“Shall the City of Pacifica amend its Municipal Code to prohibit the sale and use of State-approved fireworks in the City of Pacifica?” Voters again expressed majority support for the fireworks program with 30% (4,582 voters) voting to end the program and 70% (10,744 voters) voting to continue fireworks sales.
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In recent years the discussion has continued, prompted by community complaints regarding the magnitude of illegal fireworks around the July 4th holiday, as well as environmental concerns due to litter left behind by both illegal and Safe and Sane fireworks. Environmental concerns are also raised due to concerns of fireworks debris reaching the ocean. Community concerns have also included the risk of fire with the use of all types of fireworks. In recent years, wildfires in Northern California have increased the discussion of fire risk. The most common complaint from community members is the loud noise generated by illegal fireworks. Large scale firecracker type devices as well as mortar type fireworks that create colorful displays in the sky are commonly used in Pacifica on July 4th and produce loud noise.
On February 8, 2021 the Council discussed the various input that had been received from members of the public through the FlashVote polling and from the various non-profit groups and directed staff to prepare a ballot measure for the November 8, 2022 election to ask the citizens of the City whether they wanted to prohibit the Safe and Sane firework ignition, use, discharge, or sale, as currently allowed in Pacifica Municipal Code Article 2 of Chapter 3, within Title 4.
Elections Code section 9603 empowers local jurisdictions to hold a regular or special election for the purpose of allowing voters within the city to voice their opinions on substantive issues or indicate to the City Council approval or disapproval of the ballot proposal.
The proposed resolution would place a measure similar to 1996’s Measure U on the ballot to determine whether the City’s qualified voters wish to amend the City’s Municipal Code to prohibit the sale and use of Safe and Sane fireworks.
“Shall the City of Pacifica amend its Municipal Code to prohibit the ignition, use, discharge or sale of all State-approved “Safe and Sane” Fireworks in the City of Pacifica?”
The format of ballot question is prescribed by Elections Code sections 13120 and 9603.
ALTERNATIVE ACTION:
Staff does not recommend any alternative options.
FISCAL IMPACT:
An estimated cost of $160,000.00 to provide election services consolidated with the Statewide General Election, publishing of election-related notices and inclusion of potential ballot measures for the November 8, 2022 general municipal election has been included in the 2022- 23 Proposed Budget.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A: Service Agreement for the Provision of Election Services with San Mateo County Chief Elections Officer & Assessor-County Clerk-Recorder (PDF) Attachment B: Ordinance No. 874-CS with City Council District Map (PDF) Pacifica City Council 4
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RESOLUTION NO. ___-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA (1) CALLING AND
GIVING NOTICE FOR HOLDING A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022 FOR BY-DISTRICT ELECTIONS TO ELECT ONE MEMBER OF THE CITY COUNCIL FROM DISTRICTS 2, 3 AND 5 EACH, FOR A FULL FOUR YEAR TERM; (2) REQUESTING SAN MATEO COUNTY TO CONSOLIDATE THE CITY’S GENERAL MUNICIPAL ELECTION WITH THE NOVEMBER 8, 2022 STATEWIDE GENERAL ELECTION AND TO PROVIDE ELECTION SERVICES; (3) ADOPTING REGULATIONS PERTAINING TO THE CANDIDATES’ STATEMENT OF QUALIFICATIONS; AND (4) AUTHORIZE THE CITY
MANAGER TO EXECUTE THE SERVICE AGREEMENT FOR ELECTION SERVICES WHEREAS, in 2018, the City Council of the City of Pacifica adopted Ordinance No. 839- C.S., which established a by-district election process and established five districts pursuant to California Elections Code 10010 and California Government Code section 34886 for the election of each member of the City Council by the voters in the district in which the candidate resides; and
WHEREAS, on March 28, 2022, the City Council of the City of Pacifica adopted Ordinance No. 874-C.S., repealing and replacing Pacifica Municipal Code section 2-9.02 “City Council Districts Established” and adopting district boundary Map 505b following the 2020 U.S. Census and making no change to district election sequencing; and
WHEREAS, the City of Pacifica held its first district elections for City Council in November 2020 for two out of the five City of Pacifica districts (Districts 1 and 4), with the remaining three districts (Districts 2, 3 and 5) to have their first district elections in November 2022; and
WHEREAS, the County of San Mateo will be conducting a statewide general election in Pacifica on November 8, 2022; and
WHEREAS, it is in the best interest of the City of Pacifica to consolidate the City election with the County election to be conducted on November 8, 2022; and WHEREAS, pursuant to Elections Code Section 10002, the City Council of the City of Pacifica hereby requests the County Clerk of San Mateo County to provide election services that normally are provided to the City of Pacifica; and WHEREAS, Section 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 of Qualifications and that those regulations be provided to candidates.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
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Section 1. The City Council of the City of Pacifica hereby requests the consolidation of the General Municipal Election for election of the offices of one (1) Member of the City Council from District 2, one (1) Member of the City Council from District 3, and one (1) Member of the City Council from District 5, each with a full term of four (4) years with the statewide general election.
Section 2. 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 Pacifica, California, on Tuesday, November 8, 2022 a General Municipal Election for the purpose of electing certain Members of the City Council as follows:
Election of one (1) Member from District 2 for a full term of four years; Election of one (1) Member from District 3 for a full term of four years; and Election of one (1) Member from District 5 for a full term of four years.
Section 3. That the ballots to be used at the election shall be in form and content as required by law.
Section 4. That the City Clerk is authorized, instructed and directed to contract for the procurement and furnishing of 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 5. That the vote centers for the election shall be open at seven o’clock a.m. on 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 Elections Code section 10242, except as provided in sections 14212, 14401 of the Elections Code of the State of California.
Section 6. That pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of San Mateo is hereby requested to consent and agree to the consolidation of a General Municipal election with the Statewide General Election to be held on Tuesday, November 8, 2022 for the purpose of electing one (1) Member of the City Council from District 2, one (1) Member of the City Council from District 3, and one (1) Member of the City Council from District 5, each for a full term of four years.
Section 7. That the City of Pacifica requests the services of the Board of Supervisors of San Mateo County to permit the County Elections Official to conduct said General Municipal election and to consolidate such election. The County Elections Official is requested to provide all necessary election services and to canvass the returns of the General Municipal Election.
Section 8. That the City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed by section 10418 of the Elections Code.
Section 9. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill and the City Manager is hereby authorized to execute a service agreement for the provision of election services between the City of Pacifica and the County of San Mateo, in a form approved by the City Attorney as necessary to effectuate the purposes of this Resolution.
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Section 10. That the City Clerk is directed to forward without delay to the Board of Supervisors and the County Election Department, each a certified copy of this resolution.
Section 11. 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 12. 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.
Section 13. The following are regulations hereby adopted for candidates for elective office pertaining to candidate’s statements submitted to the voters at an election to be held on Tuesday, November 8, 2022 and at future elections:
A. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election held in the City of Pacifica on November 8, 2022 and thereafter may voluntarily prepare a candidate’s statement of an appropriate form provided to 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 for the candidate’s education 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.
B. FOREIGN LANGUAGE POLICY
i. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of San Mateo. The County is required to translate candidate’s statements into the following languages: Spanish and Chinese.
ii. The County shall:
a. Have all candidate’s statements translated into the languages specified in (B) (i) above.
b. Print all translations of all candidate statements in voter information guides.
c. The County will mail voter information guides and candidates statements to all voters in Spanish and Chinese or the County will mail separate voter information guides and candidates’ statements in Spanish and Chinese to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates’ statements in the required languages available at all vote centers, on the County’s website, and in the Election Official’s office.
A. PAYMENT
i. The candidate shall be required to pay for the cost of translating the candidate’s statement into the foreign languages specified in (B) (i) above, pursuant to Federal and/or State law.
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ii. The candidate shall be required to pay for the cost of printing the candidate’s statement in the voter pamphlet, pursuant to Federal and/or State law. iii. The City Clerk shall:
a. Require each candidate filing a statement to pay $300.00 (three hundred dollars) to the City of Pacifica at the time each candidate’s nomination papers are filed as a condition of having his or her statement included in the voter pamphlet. This sum represents each candidate’s estimated pro rata share of the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended).
b. Compute the actual costs of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended) and compute each candidate’s pro rata share of that total cost. c. The $300.00 estimated pro rata share is an approximation of the actual cost, which 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 clerk is not bound by the estimate. In the event of underpayment, the clerk may require the candidate to pay, on a pro rata basis, the balance of cost incurred. In the event of overpayment, the clerk shall pro rate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
A. ADDITIONAL MATERIALS
No candidate will be permitted to include additional materials in the sample ballot package.
C. 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 14. The City Clerk shall certify the passage and adoption of this resolution and enter into the book of original resolutions.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of June 2022, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________
Mary Bier, Mayor
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ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Pacifica City Council 9
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RESOLUTION NO. ___-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA CALLING AND
GIVING NOTICE FOR HOLDING A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY AN ADVISORY MEASURE REGARDING THE SALE AND USE OF STATE-APPROVED “SAFE AND SANE” FIREWORKS IN THE CITY AND REQUESTING SAN MATEO COUNTY TO CONSOLIDATE THE CITY’S GENERAL MUNICIPAL ELECTION WITH THE NOVEMBER 8, 2022 STATEWIDE GENERAL ELECTION AND TO PROVIDE ELECTION SERVICES WHEREAS, the County of San Mateo will be conducting a statewide general election in Pacifica on November 8, 2022; and
WHEREAS, it is in the best interest of the City of Pacifica to consolidate the City election with the County election to be conducted on November 8, 2022; and WHEREAS, pursuant to Elections Code Section 10002, the City Council of the City of Pacifica hereby requests the County Clerk of San Mateo County to provide election services that normally are provided to the City of Pacifica; and WHEREAS, the City Council of the City of Pacifica desires to submit to the voters at a municipal election an advisory ballot question to advise the City Council regarding possible amendment to the City’s municipal code to prohibit the sale and use of all State-approved fireworks in the City of Pacifica; and
WHEREAS, the City Council is authorized by statute to submit this advisory measure to the voters of the City pursuant to Section 9603 of the Elections Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA DOES RESOLVE, DECLARE, AND ORDER AS FOLLOWS:
Section 1. Pursuant to the requirement 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 Pacifica, California on Tuesday, November 8, 2022, a Municipal Election for the purpose of submitting to the voters of the City of Pacifica, the advisory measure specified in Section 2 below. Pursuant to Elections Code Section 9222 and Section 9603, it is the intent of the City Council that the measure be submitted to the voters of Pacifica at the aforementioned Municipal Election.
Section 2. The question to be put to the voters of the City shall read as follows, after the heading “Advisory Vote Only” as provided by Elections Code section 9603(b):
Measure ___: The City of Pacifica Sale and Use of Fireworks Advisory Measure
Shall the City of Pacifica amend its municipal code to prohibit the ignition, use, discharge, or sale of all State-approved “Safe and Sane” fireworks in the City of Pacifica?
YES
NO
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Section 4. Pursuant to Elections Code Sections 1002, 10400 and 10403, the City Council hereby orders an election be called and consolidated with any and all elections also called to be held on November 8, 2022 within the same territory and requests the Board of Supervisors of the County of San Mateo to permit the County Elections Officer to provide any and all services necessary for conducting the election called in Section 1 of this Resolution. The County of San Mateo and its staff are authorized and instructed to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and other necessary items in order to properly and lawfully conduct the election; the County of San Mateo is authorized to canvass the returns of the election, which shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and the City Council recognizes that additional cost will be incurred by the County of San Mateo by reason of the conduct of the election called in Section 1 of this Resolution, and agrees to reimburse the County of San Mateo for any costs that are not reimbursed by the State, and the City Council hereby authorizes the City Manager to pay the County of San Mateo for said services in full.
Section 5. The ballots to be used at the election shall be in form and content as required by law.
Section 6. The City Council hereby directs the City Clerk to take necessary actions to ensure the placement of the measure on the November 8, 2022 ballot; and (iii) coordinate with the County of San Mateo and take all necessary actions to oversee and certify the November 8, 2022 election process as required by Elections Code.
Section 7. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 8. That the City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed by section 10418 of the Elections Code.
Section 9. The City Clerk is directed to forward copies of the measure to be voted on at the general municipal election to the City Attorney for the preparation of an impartial analysis in compliance with applicable law.
Section 10. That ballot arguments and rebuttals shall be filed in accordance with the following:
a. That the primary arguments for and against this ballot measure shall be submitted to the City Clerk by 5:00 p.m. on August 19, 2022. b. That rebuttal arguments shall be submitted to the City Clerk by 5:00 p.m. on August 29, 2022.
c. That all arguments shall be filed with the City Clerk, signed, with printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
Section 11. That the City Clerk is directed to forward without delay to the Board of Supervisors and the County Election Department, each a certified copy of this resolution.
Section 12. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
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Section 13. 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.
Section 14. The City Clerk shall certify the passage and adoption of this resolution and enter into the book of original resolutions.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 13th day of June 2022, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney