CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
6/10/2024
1 SUBJECT:
Consideration of (1) a Resolution Calling and Giving Notice for Holding a General Municipal Election on Tuesday, November 5, 2024 for By-District Elections to Elect One Member of the City Council from District 1 and One Member of the City Council from District 4, Each for a Full Four-Year Term; Requesting San Mateo County to Consolidate the City's General Municipal Election with the November 5, 2024 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.
RECOMMENDED ACTION:
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 5, 2024 for By-District Elections to Elect One Member of the City Council from District 1 and One Member of the City Council from District 4, Each for a Full Four-Year Term; Requesting San Mateo County to Consolidate the City's General Municipal Election with the November 5, 2024 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.
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected] <mailto:[email protected]>
BACKGROUND/DISCUSSION:
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 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.
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The City of Pacifica will conduct an election on November 5, 2024 for the purpose of electing one City Council member for a full term of four years to District 1 and one City Council member for a full term of four years to District 4. This will be the second 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 15, 2024, at 8:30 a.m. and closes at 1:30 p.m., on Friday, August 9, 2024. In the event an incumbent does not file by 1:30 p.m. on August 9, the filing period will be extended to 5:00 p.m. on Wednesday, August 14, 2022.
ALTERNATIVE ACTION:
Staff does not recommend any alternative options.
FISCAL IMPACT:
An estimated cost of $175,000 to provide election services consolidated with the Statewide General Election, publishing of election-related notices and inclusion of potential ballot measures for the November 5, 2024 general municipal election has been included in the 2024- 25 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 3
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RESOLUTION NO. ___-2024
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 5, 2024
FOR BY-DISTRICT ELECTIONS TO ELECT ONE MEMBER OF THE CITY COUNCIL FROM DISTRICT 1 AND ONE MEMBER OF THE CITY COUNCIL FROM DISTRICT 4 EACH FOR A FULL FOUR-YEAR TERM; (2) REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN MATEO TO CONSOLIDATE THE CITY’S GENERAL MUNICIPAL ELECTION WITH THE NOVEMBER 5, 2024 STATEWIDE GENERAL ELECTION AND TO PROVIDE ELECTION SERVICES; (3) ADOPTING REGULATIONS PERTAINING TO THE CANDIDATES’ STATEMENT OF QUALIFICATIONS; AND (4) AUTHORIZING 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), and the remaining three districts (Districts 2, 3 and 5) to had 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 5, 2024; 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 5, 2024; and WHEREAS, pursuant to Section 10002 of the Elections Code of the State of California, the City Council of the City of Pacifica hereby requests the Board of Supervisors of San Mateo County to permit the County Election Department 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 1 and one (1) Member of the City Council from District 4, 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 5, 2024 a General Municipal Election for the purpose of electing certain Members of the City Council as follows:
Election of one (1) Member from District 1 for a full term of four years; and Election of one (1) Member from District 4 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 with the County of San Mateo Registrar-Recorder/County Clerk 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 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 vote centers 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 5, 2024 for the purpose of electing one (1) Member of the City Council from District 1 and one (1) Member of the City Council from District 4, 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 of Pacifica 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.
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.
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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 5, 2024 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 5, 2024 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, Chinese and Filipino.
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, Chinese and Filipino or the County will mail separate voter information guides and candidates’ statements in Spanish, Chinese or Filipino 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.
C. 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.
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 Pacifica City Council 6
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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.
D. ADDITIONAL MATERIALS
No candidate will be permitted to include additional materials in the sample ballot package.
E. 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 10th day of June 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney