PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.H
SUBJECT/TITLE:
CALLING NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION; REQUEST TO
BOARD OF SUPERVISORS FOR CONSOLIDATION
RECOMMENDATION:
1. Adopt a Resolution calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the laws of the state of California relating to general law cities;
2. Adopt a Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 8, 2022 with the statewide general election to be held on the date, pursuant to Elections Code Section 10403.
BACKGROUND:
A General Municipal Election will be held in the state of California on November 8, 2022.
As a city that does not conduct standalone elections, Pismo Beach requests consolidation with San Luis Obispo County's Consolidated General Election activities in every even- numbered year.
In 2022, the City of Pismo Beach will hold an election for a Mayor for a two-year term, and two City Council Members for a four-year term, all elected by and from among the City's registered voters, to represent the City as a whole. The formal nomination period for candidates will run from July 18 through August 12, 2022, and the filing deadline will be extended to August 17, 2022 if an incumbent does not file.
Calling the Election; Requesting Consolidation
The Resolution provided as Attachment 1 calls the election in accordance with California Elections Code. The Resolution provided as Attachment 2 requests that the Board of Supervisors direct the County Clerk-Recorder's Office Elections Division to consolidate the City's 2022 General Elections activities. Services provided by the County in a consolidated election include ballot creation, printing, mailing, collection, and counting, voter registration, and polling site operation. The City’s request for consolidation commits to reimbursing the County for its costs associated with consolidation.
Runoff Election Provision
Section 7 of the Resolution calling the election (Attachment 1) says that the City shall hold a Special Runoff Election in the event two or more candidates for any seat are tied for the highest number of votes. Should the Council not wish to resolve a tie vote with a runoff election, it may direct staff to remove this provision, in which case such a tie would be resolved by a coin flip or other random method, in accordance with Elections Code §15651(a).
9.H-1Council Agenda 6-7-2022
Candidates' Statement Regulations
In June 2018, concurrent with the calling of the election to be held in November of that year, the City Council adopted Resolution R-2018-042 (Attachment 3) setting the City’s Candidate Statement Regulations. At this time, staff does not recommend any further revisions to this policy. Should the Council wish to make revisions, however, it may direct staff to return with a revised policy at the next available meeting.
Conclusion
Staff recommends that the City Council adopt Resolutions calling the November 2022 General Municipal Election and authorizing a runoff election in the event of a tie (Attachment 1), and requesting San Luis Obispo County's election consolidation services (Attachment 2).
FISCAL IMPACT:
Estimated costs of $12,100 for the 2022 Election have been incorporated into the adopted Fiscal Year 2023 budget. The actual cost to the City of the election, including costs to the County that are reimbursed by the City, will depend upon on the number of individuals who file for candidacy, among other factors. The fee paid by the City to the County for the November 2020 election was $12,453.93, which included 7 candidates and one ballot measure. Because the City does not have a local measure on the November 2022 ballot, staff considers it unlikely that actual costs for 2022 will exceed the budgeted $12,100. In the event the amount due to the County exceeds $12,100, additional funds to cover the costs will need to be appropriated and staff will return at a future date to do so.
ALTERNATIVES:
1. Decline to adopt a Resolution calling the 2022 General Municipal Election; provide direction to staff. This alternative is not recommended in that the Council must adopt this Resolution in order to comply with state law.
2. Decline to adopt a Resolution requesting consolidation with the County; provide direction to staff. This alternative is not recommended in that staff does not foresee the launch of a timely standalone election to be feasible.
3. Direct staff to return with a Resolution revising the City’s Candidates' Statement regulations.
ATTACHMENTS:
1. Resolution calling the election
2. Resolution requesting County consolidation
3. R-2018-042 establishing existing candidate statement regulations Submitted by: Erica Inderlied, City Clerk Meeting Date: June 7, 2022 City Manager Approval:
9.H-2Council Agenda 6-7-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY 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 8, 2022 for the election of Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
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 Pismo Beach, California, on Tuesday, November 8, 2022 a General Municipal Election for the purpose of electing a Mayor for the full term of two (2) years, and two (2) Members of the City Council for the full term of four (4) years.
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 San Luis Obispo County Clerk-Recorder 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 voting sites for the election shall be open at such hours and on such days as determined by the San Luis Obispo County Clerk Recorder (Registrar of Voters), provided that the opening and closure of voting sites is conducted in accordance with Sections §10242 and §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.
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 San Luis Obispo County Clerk-Recorder, the City Council, in accordance with Elections Code §15651(b), shall
9.H-3Council Agenda 6-7-2022
Attachment 1
conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.
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.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.H-4Council Agenda 6-7-2022
Attachment 1
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE, PURSUANT TO ELECTIONS CODE SECTION 10403 WHEREAS, the City Council of the City of Pismo Beach has adopted Resolution R-2022- XXX, calling a Municipal Election to be held on November 8, 2022 for the purpose of electing a Mayor for the full term of two (2) years, and two (2) Members of the City Council for the full term of four (4) years; 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/voting sites and election officers of the two elections be the same, and that the elections division of San Luis Obispo County 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 PISMO BEACH,
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 San Luis Obispo County is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022 for the purpose of electing a Mayor for the full term of two years, and two Members of the City Council for the full term of four years.
SECTION 2. That the San Luis Obispo County Clerk-Recorder Elections Division 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 Elections Division to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Pismo Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs upon presentation of a properly-submitted bill.
9.H-5Council Agenda 6-7-2022
Attachment 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 San Luis Obispo County Elections Division.
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.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 7th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.H-6Council Agenda 6-7-2022
Attachment 2
9.H-7Council Agenda 6-7-2022
Attachment 3
B.Printing.
1.The candidate shall be required to pay for the cost of printing and/or electronically distributing the candidate's statement in English.
2.The candidate shall be required to pay for the cost of printing and/or electronically distributing the candidate's statement in any language other than English required by federal or state law or otherwise desired by the candidate.
C.The City Clerk shall estimate the total cost of printing, handling, translating, mailing, and/or electronically distributing the candidate's statements filed pursuant to Elections Code §13307, 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 to the local agency, at the time the candidate's nomination papers are submitted, his or her estimated pro rata share of the cost as a condition of having his or her statement included in the voter information guide and/or electronically distributed.
The receipt for the payment shall include a notice that the estimate is an approximation of the actual cost, which varies from one election to another 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 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.
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
SECTION 5. The City Clerk shall provide each candidate or candidate's representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 6. All previous resolutions establishing Council policy on candidates' statements are hereby repealed, including, but not limited to, Resolution R-2000-40.
SECTION 7. This Resolution shall apply at the next ensuing municipal election and at each municipal election after that time, unless superseded or repealed.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
UPON MOTION OF Council Member Reiss, seconded by Council Member Blake, the foregoing resolution was passed, approved, and adopted by the City Council of the City of Pismo Beach this 5th day of June 2018, by the following vote:
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R-2018-042
9.H-8Council Agenda 6-7-2022
Attachment 3
9.H-9Council Agenda 6-7-2022
Attachment 3