FOR THE CITY COUNCIL MEETING OF JUNE 21, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Chief Deputy City Clerk
SUBJECT: CALLING THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022
RECOMMENDATION:
That the City Council adopt Resolutions required in conjunction with the General Municipal Election to be held on November 8, 2022:
1) Calling and giving notice of the holding of a General Municipal Election for the election of certain municipal officers as required by the provisions of the laws of the State of California; and
2) Requesting the Board of Supervisors of the County of Santa Barbara to consolidate and render specified services to the City related to the conduct of the General Municipal Election; and
3) Adopting regulations for candidates for elective office pertaining to Candidate's Statements submitted to the voters.
BACKGROUND:
Every two years, the City of Santa Maria conducts a General Municipal Election to elect officers to represent its residents. The Mayor, four members of the City Council, and the ceremonial positions of City Clerk and City Treasurer are all elected for four-year terms.
The terms of the four members of the City Council are staggered with only two seats up for election every two years to provide continuity and stability on the City Council. The positions of Mayor, City Clerk, and City Treasurer only appear on the ballot every four years.
The City's General Municipal Election is always held in conjunction with the Statewide General Election in November of every even year pursuant to the Santa Maria Municipal Code. The City consolidates with the Santa Barbara County Elections Division which then conducts the election, tallies the results, and supplies the City with certified election results.
The costs for the election are borne by the City with the exception of the Candidate's Statements of Qualifications. Candidates pay any costs associated with publishing their statements in the Sample Ballot pamphlet.
DISCUSSION:
The City of Santa Maria will conduct a General Municipal Election on Tuesday, November 8, 2022, to elect one member of the City Council for District 3 and one member of the City Council for District 4. This year the terms of Councilmember Soto and Councilmember Waterfield will expire.
The City will be requesting that the County Board of Supervisors consolidate its General Municipal Election with the Statewide General Election. The County will then bill the City for its pro -rata share of the costs.
The costs for printing the Candidates' Statement of Qualifications in the Sample Ballot are recovered from the candidates. If a candidate decides to submit a Candidate's Statement, a deposit is required when the candidate submits their nomination paper. If the actual printing costs are less than the deposited amount, the balance is refunded to each candidate. Should the cost be more, the candidate is billed for the additional amount.
Santa Barbara County has been designated as a bilingual county for election purposes.
This means that all ballots, all information in the Sample Ballot, and all information submitted to voters must be published in both English and Spanish. To ensure cost recovery for the translation and printing of a Candidate's Statement, staff is proposing a deposit amount of $1,000 for each Candidate's Statement.
Three Resolutions are required to initiate this year's election process. These Resolutions must be adopted and submitted to the County for consolidation by June 30, 2022. The nomination period for candidates will run from July 18 through August 12, 2022. Should any of the incumbents choose not to run for re-election, the nomination period for that particular office will be extended to August 17, 2022.
Fiscal Considerations
Sufficient funds to cover the cost of the election have been included in the 2022-23 Budget. Funds for publication of Candidate's Statements of Qualifications will be paid by the candidates.
Impact to the Community
Providing the opportunity for registered voters of the City to run for office and to elect municipal representatives is a privilege afforded by both the Federal and State Constitutions. The process allows the community to have a voice in municipal affairs, the growth and development of the City, and the policies and laws which govern the City.
RHONDA M. WHITE, CMC
Chief Deputy City Clerk
2 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE
ELECTION OF CERTAIN MUNICIPAL OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
WHEREAS, under the provisions of the laws of the State of California and the Santa Maria Municipal Code, 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 SANTA MARIA,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California and the Santa Maria Municipal Code, there is called and ordered to be held in the City of Santa Maria, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing the following officers for the full term of four years each:
• One member of the City Council for District 3
• One member of the City Council for District 4
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 Chief Deputy City Clerk is authorized, instructed, and directed to coordinate with the County of Santa Barbara Clerk -Recorder to procure and fumish any and all official ballots, notices, printed matter, all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the 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. of the same day when the polls shall be closed, pursuant to Election Code §10242, except as provided in §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 Chief Deputy 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. 1/2
SECTION 7. That the Chief Deputy City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
SECTION 8. That the City Council authorizes the Chief Deputy 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 9. That the Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 21st day of June 2022.
Mayor
ATTEST:
Chief Deputy City Clerk
APPRO 'AST• ORM:
City Attorney
APPROVED AS TO CONTENT:
Depa ment Director
City Manager
2 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF SANTA BARBARA TO CONSOLIDATE AND
RENDER SPECIFIED SERVICES TO THE CITY RELATED TO THE
CONDUCT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
WHEREAS, the City Council of the City of Santa Maria called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of one member of the City Council for District 3 and one member of the City Council for District 4 for a full term of four years each; and
WHEREAS, it is desired 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, and election officers of the two elections be the same; and WHEREAS, it is further desired that the County Election Division of the County of Santa Barbara 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 SANTA MARIA,
CALIFORNIA, DOES HEREBY 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 the County of Santa Barbara 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 the election of one member of the City Council for District 3 and one member of the City Council for District 4.
SECTION 2. That the County Election Division is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there was 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 County Election Division to take any and all steps necessary as prescribed by §10418 of the Elections Code for the holding of the consolidated election.
SECTION 4. That the County Election Division comply with the provisions of the Voter's Rights Act.
SECTION 5. That the City of Santa Maria recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
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SECTION 6. That the Chief Deputy City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Division of the County of Santa Barbara.
SECTION 7. That the Chief Deputy City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of Original Resolutions.
SECTION 8. That the Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held on this 21St day of June 2022.
Mayor
ATTEST:
Chief Deputy City Clerk
APPR• r • TO FORM:
1 -----
City Attorney
APPROVED AS TO CONTENT:
Department Director
2 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S
STATEMENTS SUBMITTED TO THE VOTERS AT THE 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 adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER 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 Santa Maria, on November 8, 2022, may prepare a candidate's statement on an appropriate form provided by the Chief Deputy 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 the 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 Chief Deputy 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, candidates' statements will be translated into all languages required by the County of Santa Barbara. The County is required to translate candidates' statements into Spanish.
B. The County will print and mail sample ballots and candidates' statements to all voters in Spanish.
C. Pursuant to State law, the candidate's statement may be translated and printed in the voter's pamphlet in any other language at the candidate's request.
SECTION 3. PAYMENT.
A. The candidate shall be required to pay for the cost of translating and printing the candidate's statement in English and into any required foreign language required by Section 2(A) above pursuant to Federal and/or State law; and 1/3
B. The candidate shall be required to pay for the cost of translating and printing the candidate's statement into any foreign language as specified in 2(C) above, pursuant to State and/or Federal law.
The Chief Deputy City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, 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 in advance to the local agency his/her estimated pro -rata share as a condition of having his/her statement included in the voters' pamphlet. In the event the estimated payment is required, 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 Chief Deputy City Clerk is not bound by the estimate and may, on a prorated 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 Chief Deputy City Clerk will require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Chief Deputy City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of receiving the actual cost from the County.
SECTION 4. MISCELLANEOUS.
A. All translations shall be provided by professionally certified translators.
B. The Chief Deputy 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 candidate will be permitted to include additional materials in the sample ballot package.
SECTION 6. That the Chief Deputy 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 City Council policy on payment for candidates' statements are repealed.
SECTION 8. That this Resolution shall apply only to the election to be held on November 8, 2022.
SECTION 9. That the Chief Deputy City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of Original Resolutions.
SECTION 10. That the Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall 2 consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, held on this 21st day of June 2022.
Mayor
ATTEST:
Chief Deputy City Clerk
3 City Attorney
APPROVED AS TO CONTENT:
By:
Departme Director
City Manager
By: