June 21, 2022, Item #4
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
SUBJECT:
Summary:
June 21, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668 -4535 or [email protected]
November 8, 2022 General Municipal Election
CITY COUNCIL
The City of Poway is scheduled to conduct the General Municipal Election on Tuesday, November 8, 2022, for the purpose of electing an at-large Mayor and one Councilmember from District 1 and one Councilmember from District 3 for the full term of four years. Adoption of the recommended resolutions is required to commence the election process in conformance with the State of California's election laws.
Recommended Action:
It is recommended the City Council adopt the Resolutions.
Discussion:
In accordance with Poway Municipal Code Section 2.24.010, the City's 2022 General Municipal Election is scheduled to be held on November 8, 2022 for the purpose of electing an at-large Mayor and one Councilmember from District 1 and one Councilmember from District 3, each for the full term of four years. Included as Attachment A is the Calling for the Holding of the November 8, 2022 Municipal Election. The candidate filing period for the November election is Monday, July 18, 2022, at 8:00 a.m. through Friday, August 12, 2022, at 5:00 p.m. If an incumbent does not file, the period is extended to Wednesday, August 17, 2022, at 5:30 p.m. for candidates other than the incumbent to file for that office. If this occurs, the City Clerk will post a Notice of Extension of Nomination Period on the City website and the bulletin board outside City Hall, located at 13325 Civic Center Drive, Poway, CA 92064 at 5:00 p.m. August 12, 2022.
In accordance with California Elections Code section 10403 and Poway Municipal Code Chapter 2.24, the City is requesting the San Diego County Board of Supervisors consolidate the City's General Municipal Election with the Statewide General Election to be held on November 8, 2022 (Attachment B). The resolution requesting consolidation agrees to reimburse the San Diego County Registrar of Voters Office for costs associated with the election services provided to the City. This long-standing partnership is cost-effective, reducing duplicity in both effort and costs. 1 of 10
June 21, 2022, Item #4
The
California
Elections
Code
provides
for
candidate
reimbursement
for
the
cost
of
printing
and
mailing
their
respective
candidate
statements
in
the
Voter
Information
Pamphlet.
The
Federal
Voting
Rights
Act
requires
voters'
pamphlets
for
San
Diego
County
be
translated
into
Spanish,
Filipino,
Vietnamese
and
Chinese
languages.
The
candidate
statement
is
a voluntary
statement
for
candidates
seeking
a specific
elective
office
and
may
include
the
name,
age
and
occupation
of
the
candidate
and
a 200
or
400-word
description
of
the
candidate's
education
and
qualifications.
Council
determines
if
the
statement
is
to
be
200
or
400
words
and
historically,
a
200-word
statement
has
been
designated
. The
Registrar
of
Voters
estimates
a cost
of
approximately
$1,200
per
candidate
for
Mayor
and
$1,000
per
candidate
of
each
district.
The
cost
is
calculated
to
recover
expenses
for
language
translation
into
the
required
languages,
typesetting,
printing,
addressing,
labor
and
mailing
of
the
candidate
statements
portion
of
the
Sample
Ballot
&
Voter
Information
Pamphlet.
The
final
resolution
included
as
Attachment
C
to
the
staff
report
establishes
reimbursement
of
the
cost
for
a
candidate
statement
based
on
a
200-word
statement
and
the
estimate
provided
by
the
Registrar
of
Voters
Office.
Candidates
will
be
billed
or
refunded
the
difference
in
cost
based
on
the
actual
number
of
candidates
filing
statements.
Environmental
Review:
This
action
is
not
subject
to
CEQA
review.
Fiscal
Impact:
For
budget
preparation,
the
City
Clerk
used
a
preliminary
cost
estimate
provided
by
the
Registrar
of
Voters
in
January
2022.
Final
costs
are
not
known
until
after
the
completion
of
the
election.
This
cost
will
include
one
(1)
mayoral
seat
and
two
(2)
city
council
candidate
seats.
The
appropriation
of
funds
for
this
expenditure
is
included
in
the
proposed
FY
2022-23
Budget
(account
101010-49100).
Public
Notification:
This
item
was
noticed
in
accordance
with
the
Ralph
M
. Brown
Act
and
was
available
for
public
viewing
and
review
at
least
72 hours
prior
to
the
scheduled
meeting
date.
Upon
approval
of
this
item,
staff
will
publish the
Notice
of
Election
on
the
City's
website
and
in
the
following
newspapers:
•
Poway
News
Chieftain
•
San
Diego
Union
Tribune
•
El
Latino
•
Nguoi
Viet
Today
•
The
Filipino
Press
•
Epoch
Times
Attachments: A.
Resolution
Calling
the
Election
B.
Resolution
Requesting
Consolidation
Services
from
the
County
Board
of
Supervisors
C.
Resolution
Adopting
a
Fee
and
Regulations
for
Candidate
Statements
2 of
10 June 21, 2022, Item #4
Reviewed/
Approved
By
:
W~
s;;;:--
Assistant
City
Manager
3 of
10 Reviewed
By:
Alan
Fenstermacher
City
Attorney
1-1
,.-.
,a1
1:.11n
e
City
Manager
June 21, 2022, Item #4
RESOLUTION
NO.
22-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
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
PROVISIONS
OF
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
November
8,
2022,
for
the
election
of
municipal
officers.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
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
in
the
City
of
Poway,
California,
on
Tuesday,
November
8,
2022,
a
General
Municipal
Election
for
the
purpose
of
electing
an
at
large
Mayor
and
one
(1)
Councilmember
from
District
1 and
one
(1)
Councilmember
from
District
3 for
the
full
term
of
four
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
County
of
San
Diego
Registrar
of
Voters
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
vote
centers
for
the
election
shall
be
open
at
7:00
a.m.
on
the
day
of
the
election
and
shall
remain
open
continuously
from
that
time
until
8:00
p.m.
of
the
same
day
when
the
vote
centers
shall
be
closed,
pursuant
to
Elections
Code
section
10242,
except
as
provided
in
section
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
the
City
Clerk
shall
certify
to
the
passage
and
adoption
of
this
Resolution
and
enter
it
into
the
book
of
original
resolutions.
SECTION
8:
The
City
Council
authorizes
the
City
Clerk
to
administer
said
election
and
all
reasonable
and
actual
election
expenses
shall
be
paid
in
full
by
the
City
upon
presentation
of
a
properly
submitted
bill
and
that
this
City
agrees
to
indemnify
and
save
free
and
harmless
the
County,
its
officers,
agents
and
employees
from
expense
or
liability,
including
reasonable
attorneys'
fees,
as
the
result
of
an
election
contest
arising
after
conduct
of
this
general
municipal
4 of
10 ATTACHMENT
A
June 21, 2022, Item #4
Resolution No. 22-
election, so long as the basis for any such claim arises from the conduct of the City or as a result of the reasonable reliance by the County upon information provided by the City.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of June, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 10
June 21, 2022, Item #4
RESOLUTION
NO.
22-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
REQUESTING
THE
BOARD
OF
SUPERVISORS
OF
THE
COUNTY
OF
SAN
DIEGO
TO
CONSOLIDATE
A
GENERAL
MUNICIPAL
ELECTION
TO
BE
HELD
ON
TUESDAY,
NOVEMBER
8,
2022,
WITH
THE
STATEWIDE
GENERAL
ELECTION
TO
BE
HELD
THAT
DATE
PURSUANT
TO
§10403
OF
THE
ELECTIONS
CODE
WHEREAS,
the
City
Council
of
the
City
of
Poway
called
a
General
Municipal
Election
to
be
held
on
November
8,
2022,
for
the
purpose
of
electing
an
at-large
Mayor
and
one
(1)
Councilmember
from
District
No.
1 and
one
(1)
Councilmember
from
District
No.
3,
each
for
a
full
term
of
four
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,
vote
centers
and
election
officers
of
the
two
elections
be
the
same,
and
that
the
Registrar
of
Voters
Office
of
the
County
of
San
Diego
canvass
the
returns
of
the
General
Municipal
Election
and
that
the
election
to
be
held
in
all
respects
as
if there
were
only
one
election.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
SECTION
1:
That
pursuant
to
the
requirements
of
§ 10403
of
the
Elections
Code,
the
Board
of
Supervisors
of
the
County
of
San
Diego
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
and
one
Councilmember
from
District
No.
1 and
one
Councilmember
from
District
No.
3,
for
a full
term
of
four
years,
commencing
in
December
2022.
SECTION
2:
That
the
Registrar
of
Voters
Office
of
the
County
of
San
Diego
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.
SECTION
3:
That
the
Board
of
Supervisors
is
requested
to
issue
instructions
to
the
Registrar
of
Voters
Office
to
take
any
and
all
steps
necessary
for
the
holding
of
the
consolidated
election.
SECTION
4:
That
the
City
of
Poway
recognizes
that
additional
costs
will
be
incurred
by
the
County
of
San
Diego
by
reason
of
this
consolidation
and
agrees
to
reimburse
the
County
in
full
for
the
services
performed
by
the
Registrar
of
Voters
for
the
City
of
Poway
upon
presentation
of
a
bill.
SECTION
5:
That
the
City
Clerk
is
hereby
directed
to
file
a certified
copy
of
this
resolution
with
the
Board
of
Supervisors
and
the
Registrar of
Voters
Office
of
the
County
of
San
Diego.
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.
6 of
10 ATTACHMENT
B
June 21, 2022, Item #4
Resolution No. 22-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of June, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
7 of 10
June 21, 2022, Item #4
RESOLUTION
NO.
22-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
ADOPTING
REGULATIONS
FOR
CANDIDATES
FOR
ELECTIVE
OFFICE
PERTAINING
TO
CANDIDATES
STATEMENTS
SUBMITTED
TO
THE
VOTERS
AT
AN
ELECTION
TO
BE
HELD
ON
TUESDAY,
NOVEMBER
8,
2022
WHEREAS,
§13307
of
the
Elections
Code
of
the
State
of
California
provides
that
the
governing
body
of
any
local
agency
may
adopt
regulations
pertaining
to
materials
prepared
by
any
candidate
for
a
municipal
election,
including
costs
of
the
candidate
statement.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
SECTION
1:
General
Provisions.
That
pursuant
to
§ 13307
of
the
Elections
Code
of
the
State
of
California,
each
candidate
for
elective
office
to
be
. voted
for
at
an
election
to
be
held
in
the
City
of
Poway
on
November
8,
2022,
may
prepare
a
candidate's
statement
on
an
appropriate
form
provided
by
the
City
Clerk.
Such
statement
may
include
the
name,
age
and
occupation
of
the
candidate
and
a
brief
description
of
no
more
than
200 words
of
the
candidate's
education
and
qualifications
expressed
by
the
candidate
himself
or
herself.
Such
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
5:30
p.m.
of
the
next
working
day
after
the
close
of
the
nomination
period. 8
of
10 SECTION
2:
Foreign
Language
Policy.
A.
Pursuant
to
the
Federal
Voting
Rights
Act,
candidate
statements
will
be
translated
into
all
languages
required
by
the
County
of
San
Diego
Registrar
of
Voters
Office.
The
County
is
required
to
translate
candidate's
statements
into
the
following
languages:
Spanish,
Vietnamese,
Filipino
and
Chinese
.
B.
The
Registrar
of
Voters
will
mail
separate
local
sample
ballots
and
candidate
statements
in
Spanish,
Vietnamese,
Filipino
and
Chinese
to
only
those
voters
who
are
on
the
County
voter
file
as
having
requested
a
sample
ballot
in
a
particular
language.
The
Registrar
of
Voters
will
make
the
sample
ballots
and
candidates
statements
in
the
required
languages
available
at
all
vote
centers,
on
the
County's
website
and
in
the
Election
Official's
office.
SECTION
3:
Payment.
Translations:
The
candidate
shall
be
required
to
pay
for
the
cost
of
translating
the
candidate's
statement
into
any
required
foreign
language
as
specified
in
Section
2 pursuant
to
Federal
and/or
State
Law.
Printing:
The
candidate
shall
be
required
to
pay
for
the
cost
of
printing
the
candidate's
statement
in
English
and
the
required
languages,
as
specified
ATTACHMENT
C
June 21, 2022, Item #4
Resolution
No.
22-
Page
9 in
Section
2,
in
the
sample
ballot
pamphlets
and
any
language
the
candidate
requests
as
an
option
by
the
candidate.
The
City
Clerk
shall
estimate
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
Federal
Voting
Rights
Act
of
1965
(as
amended),
and
require
each
candidate
filing
a
statement
to
pay
in
advance
to
the
local
agency
of
his
or
her
estimated
pro
rata
share
of
$1,200
for
Mayor,
and
$1,000
for
member
of
the
City
Council,
District
1 and
District
3,
as
a
condition
of
having
his
or
her
statement
included
in
the
voter's
pamphlet.
The
estimated
amount
is
just
an
approximation
of
the
actual
cost
that
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
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.
SECTION
4:
Miscellaneous.
A
All
translations
shall
be
provided
by
professionally
certified
translators.
B.
The
City
Clerk
shall
comply
with
all
recommendations
and
standards
set
forth
by
the
California
Secretary
of
State
regarding
occupational
designations
and
other
matters
relating
to
elections.
SECTION
5:
Additional
Materials.
A
No
candidate
will
be
permitted
to
include
additional
materials
in
the
sample
ballot
package.
SECTION
6:
That
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
7:
That
all
previous
Resolutions
establishing
council
policy
on
payment
for
candidate's
statements
are
repealed.
SECTION
8:
That
this
Resolution
shall
apply
only
to
the
election
to
be
held
on
November
8,
2022
and
shall
then
be
repealed.
SECTION
9:
That
the
City
Clerk
shall
certify
to
the
passage
an
adoption
of
this
Resolution
and
enter
it
into
the
book
of
original
resolutions
.
II II II II 9
of
10 June 21, 2022, Item #4
Resolution No. 22-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of June, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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