CITY COUNCIL STAFF REPORT
Meeting Date: August 19, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. __-24 PROVIDING FOR THE
APPOINTMENT OF NOMINATED CITY OFFICER AS IF ELECTED AT
THE NOVEMBER 5, 2024 ELECTION AND CANCELING THE
NOVEMBER 5, 2024 MUNICIPAL ELECTION FOR DISTRICT 2.
SYNOPSIS
There were not more candidates than offices to be elected for the City’s General Municipal Election of District 2 to be held on November 5, 2024. Pursuant to Section 10229 of the Elections Code of the State of California, the City Council is allowed one of three courses of action.
DISCUSSION
Background
The City Council adopted Resolution No. 33-24 on June 3, 2024, which called for and directed the City Clerk to consolidate with the Contra Costa County Registrar of Voters to conduct the November 5, 2024 General Municipal Election.
At the close of the nomination period at 1:00 p.m. on August 9, 2024, the City Clerk of the City of Pleasant Hill (the Elections Official), did not receive more candidate filings for seats on the District 2 City Council than offices to be elected in the November 5, 2024 election.
California Elections Code Section 10229 prescribes a procedure in the event that, at the close of the nomination period, there is only one nominee for the available office.
Analysis
Pursuant to California Elections Code Section 10229, if at the close of the nomination period, there is only one nominee for the available office, the City Clerk is required to submit a certificate of these facts to the City Council and inform the Council of available options. At a regular or special meeting, the Council may adopt one of the following courses of action:
(1) Appoint to the office the person who has been nominated. (2) Appoint to the office any eligible elector if no one has been nominated. (This action does not apply as eligible electors have been nominated to office.) (3) Hold the election, if either no one, or only one person, has been nominated.
If no person has been appointed by the Council to the office by the 75th day before the municipal election (August 22, 2024), the election shall be held.
Elections Code Section 10229 requires publication of a notice in a newspaper of general circulation of the facts set forth in the Clerk’s Certificate and the courses of action available. This notice was published in the East Bay Times on Thursday, August 15, 2024, setting the meeting for the Council’s decision as the next special meeting on August 19, 2024.
At this meeting, the persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. The appointed Mayor and Councilmembers would take office at the first regular City Council meeting after the certification of the election results of the November 5, 2024 election. The first meeting following the County’s deadline for the canvass of the returns is scheduled for December 16, 2024. The City Councilmembers’ terms are four years.
The person so nominated for District 2 City Councilmember is Andrei Obolenskiy.
FISCAL IMPACT
The City is responsible for the cost of services performed by the Contra Costa County Elections Department relating to the November 5, 2024 municipal election. Based on data provided by the County Elections Department, the estimated cost of the 2024 municipal election for District 2 is $12,000. This amount has been included in the City Clerk’s 2024/2025 General Fund budget.
If the nominated person is appointed, the County will instead charge a set-up fee for District 2 of an estimated $300, and approximately $11,700 will be saved if the District 2 election is not held.
If action is not taken by the City Council prior to August 22, 2024, the municipal election will go forward.
PUBLIC CONTACT
Public contact was made through published notice in the East Bay Times. Additionally, the City Council agenda was posted on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution appointing to the office the person who has been nominated as if Elected at the November 5, 2024 Election, and cancel the November 5, 2024 General Municipal Election of District 2 in Pleasant Hill, therefore saving costs of approximately $11,700.
ALTERNATIVES TO RECOMMENDED ACTION
Hold the General Municipal Election for District 2.
The election will be held if no appointment is made by August 22, 2024.
ATTACHMENT(S):
Proposed Resolution
Exhibit A - Certification of Facts
Prepared by: Lyone Conner, City Clerk
Approved by: Ethan Bindernagel, City Manager