5-3-22 I 1 0C-18
ATTACHMENT 4
4.:J C!!.,;n,tr.acts Aw.&)n,;i/,ed !;,y fi:h,e CU]/ iVJanarrre.r -- Contracts awarded by the CH.v fiAanager shall be posted on the City's website and reported /Jy the Cit1 Ir:tfanager during the next Regular Council Meeting. NohNithstanding the loregoing, contracts that are prMleged pursuant to State law shall not be pJar.,'f;;(} D.n the Qty's website or repof/ted ,at a City Council me.etit11Q.
5.0 PROCEDURE:
5.1 List of Qualified Consultants or Contractors. The Department Directors are authorized to maintain a file of names and brochures of the various general services consultants and contractors who have expressed a general interest in doing work for the City of San Clemente, and to use such file for the purpose of soliciting proposals from these consultants and contractors. The Department Director has the discretion to select and limit the number of firms who shall be maintained in the file and who shall receive Requests for Proposals from the City.
5.2 Selection Process for Projects $5,000 or Less. Staff will solicit proposals from qualified firms and negotiate a contract. The solicitation and proposals may be verbal or written.
5.3 Selection Process for Projects in Excess of $5,000 and less than or equal to $25,000. Staff will solicit proposals from at least three qualified firms. The solicitation and proposals may be verbal or written.
5.4 Selection Process for Projects in Excess of $25,000. Requests for Proposals will be published in a City newspaper of general circulation. The Request for Proposals and proposals must be written. Contract award, if made, shall be made to the consultant or contractor who serves the City's best interests taking into account the evaluation criteria set forth in the Request for Proposals.
5.5 Criteria for Selection. If applicable, the following factors may be considered and evaluated in selecting a consultant or contractor to perform general services:
5.5.1 Education background .
5.5.2 Previous experience.
5.5.3 Demonstrated record of success on work previously performed for the City or similar work performed for others.
5.5.4 Project lead.
5.5.5 Staff to perform work within the specified time.
5.5.6 Methodology proposed to accomplish the work.
5.5.7 Ability to work effectively with City staff, other public agencies and related parties as directed during the course of the services.
5-3-22 I 1 OC-19
5.5 b Periinent new ideas which rnay be presented durin9 the course of the selection process.
S 5.9 Adequate knowledge of local conditions.
5.5 ·10 Availability, experience and knowledge of any subcontra ctors hired to complete the services.
5.5.11 Additional work performed by the contractor which may have a direct and substantial physical relationship or conflict to the proposed services.
5.5.12 Previous history of completing services within budget.
5.5.13 Cost
5.6 Interview Process. The interview, if any, and selection process shall be conducted by the Department Director or designee responsible for the project or services. If the contract exceeds $25,000, the interview, if any, and selection process shall be conducted by at least two individuals.
5. 7 Consultant or Contractor Fees. After a consultant or contractor is selected through the Request for Proposals process, but before a recommendation is made, the fee for the services may be negotiated in the City's sole discretion. If a mutually satisfactory fee cannot be agreed upon, negotiations shall be terminated and negotiations with the next highest ranked consultant or contractor shall be conducted until a consultant or contractor is selected or the City chooses to reject all proposals.
5.8 Contract. The award of a contract shall be made only when sufficient funds have been appropriated in the departmental and/or project account.
5.9 Supplemental or Contingency Award of Contracts. The City Manager has the authority to approve annual supplemental amounts up to ~00 $.:5:CHJOO. If the annual supplemental amounts are greater than rfl,2~ :$tj.Q,(lf1Jb. City Council must approve the supplemental amounts. The agenda report must contain verbiage explaining what types of duties or situations might require supplemental funding and separate action must be taken on the contract award and the supplemental award .
5.1 0 Maintenance Services Agreement. The template Maintenance Services Agreement is contained within the City's word processing system and shall be used to draft all City contracts which pertain to Maintenance Services.
5.11 Federal Funding. When agreements are being funded, in whole or in part, with proceeds that are derived from federal funding, certain federally required contractual provisions are required to be included in the agreements. City staff should consult with legal counsel to ensure that the necessary provisions are included in any agreements that are federally funded.
5-3-22 I 1 0C-20
,(1
. •· . ATTACHMENT 4
6.0 EXEMPTIONS:
The City Council has the authority to determine that the selection of a general services consultant or contractor need not follow the procedure established in this policy. In its sole discretion, the City Council may authorize the City Manager or a department director to select a proposed consultant or contractor when the Council is satisfied that such direct selection is in the public interest. Direct selection Is in the public interest in situations which include but are not limited to:
a. The services are of a critical nature and, due to time constraints, compliance with the policy requirements would jeopardize timely completion. b. The proposed general services provider has unique familiarity with the project, subject area, or po.ssesses other attributes that make the general services provider uniquely qualified to provide the services.
c, The costs Involved in complying with the policy greatly exceed the potential savings the policy might create.
d. Subject to applicable laws and funding restrictions, any other reason the City Council deems is In the City's best interests.
7,0 DEFINITIONS:
7.1 General Services Contractor/Consultant. A general services contractor or consultant generally consists of a contractor or consultant performing a service which typically does not require a· high degree of professional certification or specialized expertise. General services can Include, but are not limited to, the following fields:
a.
b.
c.
d.
e.
Maintenance. Services, as defined in Section 7.2 below.
Sec.urity Services.
Janitorial Servlc.es.
Fleet Maintenance.
Uniform Laundry Services. ·
7.2 Maintenance Services. Maintenance Services can include, but are not limited to, the following:
a. Routine; recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. b. Minor repainting.
c. Resurfacing of streets and highways at less than one Inch. • • d. Landscape maintenance, including mowing, watering, tree and other plant trimming, .Pruning, planting, replacement of plants, and servicing . of Irrigation and sprinkler system. •
p:\my documenls\my word\pol!oy&prooedure201-2-Bproposed.doox
5-3-22 I 1 OC-21
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Summary:
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: May 3, 2022
City Clerk t:Ar~
Joanne Baade, City Clerk t/' ,. -
CALLING GENERAL MUNICIPAL ELECTION OF NOVEMBER 8, 2022
Agenda Item
Approvals:
City Manager
Dept. Head
\OD
@,
~--
Attorney CJ
Finance, ~
...J
The estimated cost to consolidate the City of San Clemente's General Municipal Election of November 8, 2022 with the election being conducted on that date by the County of Orange Registrar of Voters' Office is $89,276 to $128,933. This estimated cost includes the regularly scheduled election for three Members of the City Council.
In addition, $5,000 in charges will likely be incurred to accommodate incidental election expenses (such as City publications, translation services, and supplies).
Consequently, $134,000 is included in the City Clerk Department's draft budget for FY 2022/23 to fund the November 8, 2022 election.
The next General Municipal Election in San Clemente is scheduled to take place on November 8, 2022. Because the terms of office for three members of the City Council (currently filled by Laura Ferguson, Steve Knoblock and Kathy Ward) are scheduled to expire this year, the citizens of San Clemente will be asked to vote to fill these offices for full terms of four years.
The candidate filing period for Members of the City Council will run from July 18, 2022 to August 12, 2022 at 5:00 p.m. If any of the incumbents whose terms are due to expire this year do not file for re-election by August 12, 2022, the filing period will be extended to August 17, 2022 at 5:30 p.m. for all San Clemente registered voters except the incumbents.
At this time, Staff recommends that Council adopt resolutions to: 1) call the General Municipal Election for November 8, 2022, that will include the election of three Members of the City Council; 2) request that the County Board of Supervisors allow the City to consolidate its election with the General Election being conducted by the County of Orange on the same date; and 3) adopt regulations for candidate statements for candidates for elective offices. An optional resolution is also presented for Council's consideration which, if adopted, would provide for the conduct of a special runoff election to resolve a tie vote among candidates who receive the same and the highest number of votes. If this resolution is not adopted prior to the election, State law provides that the winner be determined by lot.
City Clerk Agenda Report 5-3-22 / 1 0D-1
Agenda Report
Recommended
Page2
Action: STAFF RECOMMENDS THAT the City Council take action as follows:
1. Resolution Calling the Election (Attachment 1)
Adopt Resolution No. 22-13 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, 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.
2. Resolution Requesting Election Consolidation (Attachment 2) Adopt Resolution No. 22-14 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH
THE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.
3. Resolution Adopting Regulations for Candidate Statements (Attachment 3) Adopt Resolution No. 22-15 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE
STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022.
4. Determine whether to adopt the following optional resolution:
Resolution Providing for a Special Runoff Election in the Event of a Tie Vote (Attachment 4)
Resolution No. 22-16 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, PROVIDING . FOR THE
CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION.
Attachments: 1. Resolution No. 22-13 calling November 8, 2022 election
2. Resolution No. 22-14 requesting election consolidation
3. Resolution No. 22-15 adopting regulations for candidate statements
4. Resolution No. 22-16 providing for the conduct of a runoff election in the event of a tie vote
Notification: None.
\\cf\data\ch\cityclerk\secure\my word\election2022-calling 11-8-22election.docx 5-3-22 / 1 0D-2
RESOLUTION NO. 22-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, 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.
Attachment 1
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 regularly-scheduled election of three Members of the City Council (each for a full fouryear term). •
NOW, THEREFORE, THE CITY COUNCIL OF 'THE CITY OF SAN CLEMENTE, 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 San Clemente, California, on Tuesday, November 8, 2022, a General Municipal Election for the .purpose of electing three Members of the City Council (for full terms of four years).
Section 2. That the ballots to be used at the election shall be in the form and content as required by law.
Section 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange 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 precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal . Election shall be the same as those utilized by the County of Orange.
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. 5-3-22 / 1 0D-3
Resolution No. 22-13 Page2
Section 7. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
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.
PASSED, APPROVED AND ADOPTED this __ day of ____ , 2022.
ATTEST:
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN CLEMENTE )
MAYOR of the City of
San Clemente, California
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. • was adopted at a regular meeting of the City Council of the City of San Clemente held on the ____ day of _____ _. ____ _, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, this __ day of ______ , 2022.
Approved as to form:
City Attorney
p:\my documents\my word\election2022-callingelection.doc CITY CLERK of the City of
San Clemente, California
5-3-22 I 1 0D-4
RESOLUTION NO. 22-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE
A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER
8, 2022, WITH THE GENERAL ELECTION TO BE HELD ON THAT
DATE PURSUANT TO SECTION 10403 OF THE CALIFO~NIA
ELECTIONS CODE.
Attachment 2
WHEREAS, on May 3, 2022, the City Council of the City of San Clemente adopted Resolution No. 22-13, calling a General Municipal Election to be held on November 8, 2022, for the purpose of electing three Members of the City Council, all for full four-year terms; and
. WHEREAS, it is desirable that the General Municipal Election be consolidated with the General Election to be held on the same date and that the precincts, voting methods (i.e., ballot drop boxes, vote centers and vote-by-mail balloting) and election officers of the two elections be the same, and that the County Election Department of the County of Orange 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 SAN
CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the General Election on Tuesday, November 8, 2022, for the purpose of the election of three Members of the City Council, each for a full term of four years.
SECTION 2. That the form for election of Member of the City Council is to appear on the ballot as follows:
CITY OF SAN-CLEMENTE
Member of the City Council
Vote for no more than Three
E3 (Candidate names ta be inserted alang w1>h a wrfte-ln opportunity) 5-3-22 / 1 0D-5
RESOLUTION NO. 22-14 Page2
SECTION 3. That the County Election Department 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. The City acknowledges that the consolidated election will be held and conducted in the manner prescribed in California Elections Code Section 10418.
SECTION 4. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election.
SECTION 5. That the City of San Clemente recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. •
SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange.
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.
PASSED, APPROVED AND ADOPTED this __ day of_. __ _, 2022.
ATTEST:
CITY CLERK of the City of
San Clemente, California
MAYOR of the City of
• San Clemente, California
5-3-22 / 1 0D-6
RESOLUTION NO. 22-14 Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-14 was adopted at a regular meeting of the City Council oUhe City of San Clemente held on the ___ day of ______ , 2022, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this ____ day of ______ , 2022.
Approv~d as to form: -
City Attorney
. \\cf\data\ch\cityclerk\secure\my word\election2022-requestingconsolidalion.doc CIT¥' CLERK of the City of
San Clemente, California
5-3-22 / 1 0D-7
Attachment 3
RESOLUTION NO. 22-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE
STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
WHEREAS, on May 3, 2022, the City Council of the City of San Clemente adopted Resolution No. 22-13, calling a General Municipal Election to be held on November 8, 2022j for the purpose of electing three Members of the City Council for full four-year terms; 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 by any candidate for a municipal election, including costs of the Candidate Statements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Sections 13307 and 13308 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 San Clemente on November 8, 2022, may prepare a Candidate Statement on an appropriate form provided by 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 of 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. In addition, the statement shall be limited to a recitation of the candidate's own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities. 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.
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 Orange. The County is required to translate Candidate Statements into the following languages:
Spanish, Chinese, Korean and Vietnamese.
5-3-22 / 1 0D-8
RESOLUTION NO. 22-15 Page2
B. The Registrar of Voters will print and mail Voter Information Guides, which include Candidate Statements filed by candidates who paid for such publication, to all voters in the County in English. The County will also mail a Voter Information Guide with Candidate Statements in Spanish, Chinese, Korean, and Vietnamese to voters who have requested to receive a Voter Information Guide in one of those languages.
C. The Orange County Registrar of Voters will post on its website Candidate Statements filed by candidates who paid for publication in the Voter Information Guides at no additional cost. Candidates who wish to have their Candidate Statement posted on the Registrar of Voters' website, but not published in the Voter Information Guides, shall be provided that opportunity at a fee established by the Registrar of Voters to cover the cost of translation and labor. Candidate Statements posted on the Registrar of Voters' website will be available in English, Spanish, Chinese, Korean, and Vietnamese.
SECTION 3. PAYMENT.
A. The Candidate shall be required to pay for the cost of translating their Candidate Statement. into any required foreign language as specified in Section 2 above, pursuant to State and Federal law.
B. The Candidate shall be required to pay for the cost of printing the Candidate Statement in English as well as any required foreign language as specified in Section 2 above. Candidates paying to have their Candidate Statements printed in the Voter Information Guides shall have their statements posted to the Registrar of Voters' website at no additional charge.
C.The Candidate shall be required to pay for the cost of labor and translation if he/she requests to have his/her Candidate Statement posted on the Registrar of Voters' website, but not printed in the Voter Information Guides.
The Registrar of Voters shall estimate the total cost of printing, handling, translating, and mailing the Candidate Statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended}, and the City Clerk shall require each Candidate filing a·statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the Voter Information Guides and posted on the Registrar of Voters' website. The estimate 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 candidates for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk shall 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.
5-3-22 I 1 0D-9
RESOLUTION NO. 22-15 Page 3
A candidate requesting to have his/her Candidate Statement posted on the Registrar of Voters' website, but not published in the Voter Information Guides, shall pay the actual cost of labor and translation as determined by the Registrar of Voters in advance to the local agency as a condition of having his or her statement included on the Registrar of Voters' website.
SECTION 4. MISCELLANEOUS.
A All translations shall be provided by professionally-certified translators as provided in Elections Code Section 13307.
B. Candidate Statements shall be consistent with the standardized formatting guidelines utilized by the County of Orange Registrar of Voters.
C. 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. No candidates will be permitted to include additional materials in the Voter Information Guides or on the Registrar of Voters' website.
SECTION 6. The City Clerk shall provide each candidate a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. All previous resolutions establishing City Council policy concerning payment for Candidate Statements are repealed.
SECTION 8. This resolution shall apply only to the election to be held on· November 8, 2022, and shall then be repealed.
SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this __ day of ____ , 2022.
ATTEST:
CITY CLERK of the City of
San Clemente, California
MAYOR of the City of
San Clemente, California
5-3-22 I 1OD-10
RESOLUTION NO. 22-15 Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-15 was adopted at a regular meeting of the City Council of the City of San Clemente held on the ____ day of ____ _, 2022, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this • day of _____ _. 2022.
Approved as to form:
City Attorney
i:\ch\cityclerk\secure\election\2022\election2022-candidatestatements.doc CITY CLERK of the City of.
San Clemente, California
5-3-22 / 1 0D-11
Attachment 4
RESOLUTION NO. 22-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF
ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT
ANY MUNICIPAL ELECTION
WHEREAS, on May 3, 2022, the City Council of the City of San Clemente adopted Resolution No. 22-13, calling a General Municipal Election to be held on November 8, 2022, for the purpose of electing three Members of the City Council (full four~year terms); and WHEREAS, Section 15651(b) of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 15651 (b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the city, there shall be held within the City a Special. Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not l'ess than 40 nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.
SECTION 2. That this resolution shall apply only to the election to be held on November 8, 2022 and shall then be repealed.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this ___ day of ____ , 2022.
ATTEST:
CITY CLERK of the City of
San Clemente, California
MAYOR of the City of
San Clemente, California
5-3-22 I 1 0D-12
RESOLUTION NO. 22-16 Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-16 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of ______ , 2022, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California this _____ day of _______ , 2022.
Approved as to form:
City Attorney
p:\my documents\my wbrd\election2022-tievote.doc
CITY CLERK of the City of
San Clemente, California
5-3-22 I 1 0D-13