AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
June 18, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk q
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
November 5, 2024 General Municipal Election
CITY COUNCIL
The City of Poway is scheduled to conduct the General Municipal Election on Tuesday, November 5, 2024, for the purpose of electing one (1) Councilmember from District 2 and one (1) Councilmember from District 4 for the full term of four (4) 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 2024 General Municipal Election is scheduled to be held on November 5, 2024 for the purpose of electing one (1) Councilmember from District 2 and one (1) Council member from District 4 for the full term of four (4) years. The candidate filing period for the November election is Monday, July 15, 2024, at 8:00 a.m. to Friday, August 9, 2024, at 5:00 p.m. If an incumbent does not intend to file, the nomination period will be extended to Wednesday, August 14, 2024, at 5:30 p.m. for candidates other than the incumbent to file for that specific office. The City of Poway follows the candidate nomination process established in the California Elections Code.
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 5, 2024. 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 in costs.
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 1 of 9 June 18, 2024, Item #4
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June 18, 2024, Item #4
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. Candidates who opt for this printing are required to pay a $1,000 deposit when the nomination paper and forms are filed with the City Clerk.
The resolution attached to the staff report establishes reimbursement of the cost for a candidate statement based on a 200-word statement. Final payment is due upon receipt from the Registrar of Voters (ROV) following the election. 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:
Although the actual costs of the election are likely to vary depending on how many jurisdictions participate, the estimated cost projection of the election is $43,000. This cost includes two (2) candidate seats. The appropriation of funds for this expenditure is included in the proposed FY 2024- 25 Budget (account 101010-49100).
Public Notification:
Upon approval of this item, staff will publish the Notice of Election on the City's website and in the following newspapers:
• 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 Reviewed/ Approved By:
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
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June 18, 2024, Item #4
ATTACHMENT A
RESOLUTION NO. 24-
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 5, 2024, 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 5, 2024, for the election of municipal officers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: 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 5, 2024, a Municipal Election for the purpose of electing one (1) Council member from District 2 and one (1) Councilmember from District 4 for the full term of four (4) years.
SECTION 2: The ballots to be used at the election shall be in form and content as required by law.
SECTION 3: 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: The Voting Centers (polls) 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. on the same day when the Voting Centers (polls) shall be closed, pursuant to Elections Code section 10242, except as provided in section 14401 of the Elections Code of the State of California. Voting Centers (polls) as designed by the San Diego County Registrar of Voters will be open up to eleven (11) days prior to the election.
SECTION 5: 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: 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: 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 4 of 9
June 18, 2024, Item #4
Resolution
No.
24-
Page
2 attorneys'
fees,
as
the
result
of
an
election
contest
arising
after
conduct
of
this
general
municipal
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,
APPROVED
AND
ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
18th
day
of
June
, 2024
by
the
following
vote,
to
wit:
AYES
:
NOES: ABSTAINED
:
ABSENT: DISQUALIFIED
:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC
, City
Clerk
5 of 9
June 18, 2024, Item #4
ATTACHMENT B
RESOLUTION NO. 24-
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 5, 2024, 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 5, 2024, for the purpose of election of one (1) Councilmember from District 2 and one (1) Councilmember from District 4; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date within the City, the Voting Centers (polls) and election officers of the two elections be the same, and the Registrar of Voters Office of the County of San Diego canvass the returns of the General Municipal Election and the election be held in all respects as if there were only one (1) election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: 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 5, 2024, for the purpose of the election of one (1) Councilmember from District 2 and one (1) Councilmember from District 4, for a full term of four (4) years.
SECTION 2: 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 (1) election, and only one (1) form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election, pursuant to section 10418 of the election code.
SECTION 3: 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: The City of Poway recognizes additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for those costs.
SECTION 5: 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: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
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II
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June 18, 2024, Item #4
Resolution No. 24-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of June, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
7 of 9
June 18, 2024, Item #4
ATTACHMENT C
RESOLUTION NO. 24-
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 5, 2024
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 5, 2024, may prepare a candidate's statement on an appropriate form provided by the City Clerk.
Such statement may include the name, age and current principal profession(s), vocations (s) or occupation(s) of the candidate and a brief description of no more than two hundred (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 five o'clock (5:00) p.m. of the next working day after the close of the nomination period.
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 print and mail 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 polling places, 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 8 of 9
June 18, 2024, Item #4
Resolution No. 24-
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 $1,000 for the seat of Councilmember from District 2 and $1,000 for the seat of Councilmember from District 4, 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 shall upon receipt from the Registrar of Voters (ROV) following the election, 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 upon receipt from the ROV following the election.
SECTION 4: Miscellaneous.
A. All translations included in the voters' pamphlet shall be provided by the San Diego County Registrar of Voters translation vendor.
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: 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: All previous Resolutions establishing council policy on payment for candidate's statements are repealed.
SECTION 8: This Resolution shall apply only to the election to be held on November 5, 2024 and shall then be repealed.
SECTION 9: The City Clerk shall certify to the passage an adoption of this Resolution and enter it into the book of original resolutions.
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II
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June 18, 2024, Item #4
Resolution
No
. 24-
Page
3 PASSED,
APPROVED
AND
ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
18th
day
of
June,
2024
by
the
following
vote,
to
wit:
AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED
:
Steve
Vaus
, Mayor
ATTEST
:
Carrie
Gallagher,
CMC,
City
Clerk