A G E N D A
CITY OF SEASIDE SPECIAL MEETING
CITY COUNCIL/ 440 HARCOURT AVE
SUCCESSOR AGENCY TO THE Thursday, August 25, 2022
REDEVELOPMENT AGENCY 1:00 PM
___________________________________________________________________________________ NOTICE: The City Council and the City’s Boards, Commissions and Committees, will hold its public meetings in person, with a virtual option for public participation based on availability.
The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk.
___________________________________________________________________________________ ___________________________________________________________________________________
VIRTUAL PUBLIC PARTICIPATION INSTRUCTIONS
1. To view this meeting: Please click on the following link to the City of Seaside YouTube Channel: https://www.youtube.com/c/CityofSeasideCalifornia
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Before the Meeting via Email: Written comments can be emailed to [email protected] Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments must be received at least two (2) hours prior to the meeting time on the day of the meeting.
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IN PERSON PARTICIPATION INSTRUCTIONS
Members of the public participating in person and wishing to address the Commission may approach the podium when the Chair calls for public comment.
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City Council/Successor Agency SPECIAL Meeting August 25, 2022 1:00 PM Agenda Page 2
1. CALL TO ORDER
2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Jason Campbell
Jon Wizard
Alexis Garcia-Arrazola
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT
5. BUSINESS ITEMS
A. CONSIDER RESOLUTION OF THE APPOINTMENT OF NOMINATED CITY OFFICIALS AS IF ELECTED AT NOVEMBER 8, 2022, MUNICIPAL
ELECTION AND CANCELLING THE NOVEMBER 8, 2022, CITY OF SEASIDE
MUNICIPAL ELECTION OR HOLDING THE ELECTION
RECOMMENDATION: Adopt a resolution appointing Ian N. Oglesby to the Office of the Mayor, for the term of two (2) years, Alex Miller to the Office of City Council, for a term of four (4) years, and Rita Burks to the Office of City Council, for a term of four (4) years, and canceling the November 8, 2022 General Municipal Election for the City of Seaside, pursuant to California Elections Code Section 10229.
B. CONSIDER RESOLUTION RESCINDING RESOLUTION 22-81, CANCEL THE NOVEMBER 8, 2022, ELECTION, AND TERMINATE THE SERVICE
AGREEMENT WITH THE SERVICES AGREEMENT FOR THE PROVISION OF
ELECTION SERVICES BETWEEN THE CITY AND MONTEREY COUNTY
REGISTRAR OF VOTERS
RECOMMENDATION: Rescind Resolution 22-81 and terminate the service agreement with the Monterey County Registrar of Voters.
6. ADJOURNMENT
Next Regularly Scheduled Meeting:
September 1, 2022
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City Council/Successor Agency SPECIAL Meeting August 25, 2022 1:00 PM Agenda Page 3 5:00 PM
The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at (831) 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas and videos of past meetings are available on demand are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection during the meeting or from the Office of the City Clerk. This agenda is posted in compliance with California Government Code Section 54954.2(a) or Section 54956.
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CITY OF SEASIDE
STAFF REPORT
Item No.: 5.A.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: August 25, 2022
SUBJECT: CONSIDER RESOLUTION OF THE APPOINTMENT OF
NOMINATED CITY OFFICIALS AS IF ELECTED AT NOVEMBER 8,
2022, MUNICIPAL ELECTION AND CANCELLING THE
NOVEMBER 8, 2022, CITY OF SEASIDE MUNICIPAL ELECTION
OR HOLDING THE ELECTION
RECOMMENDATION
Adopt a resolution appointing Ian N. Oglesby to the Office of the Mayor, for the term of two (2) years, Alex Miller to the Office of City Council, for a term of four (4) years, and Rita Burks to the Office of City Council, for a term of four (4) years, and canceling the November 8, 2022 General Municipal Election for the City of Seaside, pursuant to California Elections Code Section 10229.
BACKGROUND
On July 7, 2022, the City Council adopted Resolution No. 22-81, calling for the holding of a General Municipal Election for the purpose of electing one person to the office of the Mayor and two persons to the office of City Council.
The nomination period for the General Municipal Election commenced on July 18, 2022 and closed on August 12, 2022. Per California Elections Code Section 10229(a), if an incumbent fails to file pursuant to Section 10225, by or on the 88th day before the election, the voters shall have until the 83rd day before the election, to nominate candidates other than the person who was the incumbent on the 88th day, for that incumbent's elective office. Subsequently, the nomination period in the City of Seaside was extended until August 17, 2022.
At the close of the extended nomination period, the following nominees qualified for the ballot:
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Item No. 5.A. Page 2 of 2
NOMINEE OFFICE
Ian N. Oglesby Mayor
Alex Miller Council Member
Rita Burks Council Member
Elections Code Section 10229 provides that if, by the statutory nomination filing deadline, no one or only one person is nominated to be elected by a legislative district, and if there are also no city-wide measures on the ballot, then the Elections Official (City Clerk) shall certify these facts to the City Council, publish a notice of the same, and after the fifth day of the publication, the City Council may take one of three courses of action:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office an eligible elector if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated; and Pursuant to Elections Code Section 10229, the Elections Official provided the required certification to the City Council that only one person has been nominated to be elected for one seat for Mayor and two seats for City Council at the August 18 City Council meeting and published a notice of the same in the August 20, 2022 Monterey County Herald. As of August 25, 2022, the required five-day notice period is complete.
FISCAL IMPACT
If the election was cancelled for City of Seaside, the City would save approximately $150,000 in election costs incurred from services rendered by Monterey County Elections Department.
ATTACHMENTS
1. Resolution
2. Notice of Insufficient Nominees
3. Correspondence to Elections Program Manager
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Meeting Date:
Item #:
RESOLUTION NO. 22-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE
PROVIDING FOR THE APPOINTMENT OF NOMINATED CITY OFFICIALS AS IF ELECTED AT THE NOVEMBER 8, 2022 MUNICIPAL ELECTION AND
CANCELLING THE NOVEMBER 8, 2022 CITY OF SEASIDE MUNICIPAL
ELECTION
WHEREAS, at the close of the nomination period of August 12, 2022, there are the exact total of candidates as offices to be elected at the November 8, 2022 Municipal Election; and
WHERAS, at the close of the extended nomination period of August 17, 2022, there remained the exact total of candidates as offices to be elected at the November 8, 2022 Municipal Election; and
WHEREAS, pursuant to Elections Code Section 10229 allows one of three actions to be taken by the City Council; and
WHEREAS, if an incumbent fails to file pursuant to Section 10225, (i) no one or only one person has been nominated for any office that is elected on a citywide basis, or (ii) no one or only one person is nominated to be elected from or by a legislative district, or (iii) in the case of any office or offices to be elected at large, the number of persons who have been nominated for those offices does not exceed the number to be filled at that election; or, if, by the 88th day, during normal business hours as posted, before a municipal election to fill any vacancy in office, no one or only one person has been nominated for any elective office to be filled at that election, and the election is subject to Section 36512 of the Government Code, the city elections official shall submit a certificate of these facts to the governing body of the city and inform the governing body of the city that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office an eligible elector if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated; and WHEREAS, only one incumbent was nominated for the Mayor’s position and only two candidates were nominated for the two City Council seats to be filled at the November 8, 2022 Election; therefore the City Council may take action pursuant to either Option 1 or Option 3; and
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WHEREAS, no other City offices are to be filled at the November 8, 2022 Election, and no City measure has qualified to be submitted to the voters at that election; and WHEREAS, the City Council determined that by appointing the officers as permitted by Elections Code Section 10229, the City will save the cost associated with the Municipal Election.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Seaside as follow:
Section 1. That pursuant to Section 10229 of the Elections Code, the following persons are hereby appointed to the office to which they are nominated:
NAME OFFICE TERM
Ian N. Oglesby Mayor 2022-2024
Rita Burks City Council Member 2022-2026
Alex Miler City Council Member 2022-2026
Section 2. That the persons appointed by Section 1 of this Resolution shall qualify and take office at the first City Council meeting after receipt of certification of the General Election from the Monterey County Elections Department and serve exactly as if elected at the November 8, 2022 Municipal Election.
Section 3. That the November 8, 2022 Municipal Election is cancelled in the City of Seaside and Resolution No. 22-81, calling said election and requesting consolidation, is rescinded. The City Council authorizes the City Manager to terminate the agreement with Monterey County Elections Department for consolidation of the General Election.
Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution and shall transmit a certified copy to the Monterey County Elections Department and the Board of Supervisors of Monterey County.
PASSED AND ADOPTED at a special meeting of the City Council of the City of Seaside duly held on the ____ day of August 2022, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
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_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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City Clerk’s Office
440 Harcourt Avenue Telephone: (831) 899-6707
Seaside, CA 93955 Fax: (831) 718-8594
NOTICE THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
NOTICE IS HEREBY GIVEN that pursuant to § 10229 of the Elections Code of the State of California relating to the General Municipal Election in the City of Seaside to be held Tuesday, November 8, 2022:
As of the close of the extended nomination period on August 17, 2022, there are not more candidates than offices to be elected.
The persons so nominated are:
MAYORAL SEAT CANDIDATES:
Ian N. Oglesby (incumbent)
COUNCIL MEMBER SEAT CANDIDATES:
Alex Miller
Rita Burks
That § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the persons who have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
The City Council will meet on August 25, 2022 at 1:00 p.m. at Seaside City Hall, 440 Harcourt Avenue, Seaside, to either make the appointments or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at municipal election for the office.
If by the 75th day before the municipal election, no person has been appointed to the offices pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to § 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
_/S/_ Dominique L. Davis, City Clerk, City of Seaside
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PUBLIC AFFAIRS & CITY CLERK DEPARTMENT
440 Harcourt Avenue Telephone 831-899-6707
Seaside, CA 93955 Fax 831-718-8594
www.ci.seaside.ca.us
Include, Innovate, Inspire
August 25, 2022
Monterey County Elections Department
c/o Genesis Cabaccang, Program Manager
1441 Schilling Pl – North Bldg.
Salinas, CA 93901
Dear Ms. Cabaccang,
At the close of the August 17, 2022 Extended Nomination Period, only one incumbent was nominated for Mayor, and two individuals were nominated for were nominated for the two City Council seats to be filled for the November 8, 2022 Municipal Election. The California Elections Code, Section 10229 (1) allows for the appointment to the office the person who was nominated.
The nomination of Ian N. Oglesby for Mayor, and Alex Miller and Rita Burks for Council Members to fill the Council seats by appointment, was adopted per Resolution 22-106 to the City Council at the August 25, 2022 Seaside City Council special meeting.
A certified Resolution will be mailed to the Elections Department following passage and adoption by the Seaside City Council of the Resolution providing for the appointment of nominated City Officials as if elected and cancelling the November 8, 2022 City of Seaside Municipal Election.
If you have any questions, you may reach me at (831) 899-6707, or via email at [email protected]
Kindest Regards,
Dominique L. Davis
City Clerk
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CITY OF SEASIDE
STAFF REPORT
Item No.: 5.B.
TO: City Council
FROM: Jaime M. Fontes, City Manager
BY: Dominique Davis, City Clerk
DATE: August 25, 2022
SUBJECT: CONSIDER RESOLUTION RESCINDING RESOLUTION 22-81, CANCEL THE NOVEMBER 8, 2022, ELECTION, AND TERMINATE
THE SERVICE AGREEMENT WITH THE SERVICES AGREEMENT
FOR THE PROVISION OF ELECTION SERVICES BETWEEN THE
CITY AND MONTEREY COUNTY REGISTRAR OF VOTERS
RECOMMENDATION
Rescind Resolution 22-81 and terminate the service agreement with the Monterey County Registrar of Voters.
BACKGROUND
On July 7, 2022, the City Council adopted Resolution 22-81 to consolidate the November 8, 2022 election with the County of Monterey, pursuant to Elections Code 10002 and Elections Code 10403. Per California Elections Code Section 10229, if an incumbent fails to file pursuant to Section 10225, the city elections official shall submit a certificate of these facts to the governing body of the city and inform the governing body of the city that it may, at a regular or special meeting held before the municipal election, adopt one of three actions as follows:
(1) Appoint to the office the person who has been nominated. (2) Appoint to the office an eligible elector if no one has been nominated. (3) Hold the election if either no one or only one person has been nominated.
The incumbents for the City Council seats did not file, and only one individual duly filed for nomination for each of the seats available for the November 8, 2022 General Election. The Elections Official recommends that the City Council adopts a resolution to appoint the nominees that have registered and qualified for the election. By doing so, the City Council would need to rescind resolution No. 22-81 and authorize the City Packet Page 11
Item No. 5.B. Page 2 of 2
Manager to terminate the service agreement for the provision of election services between the City and Monterey County Registrar of Voters.
FISCAL IMPACT
In the event that the agreement is terminated prematurely, the City shall pay to the Registrar a sum equal to the actual cost of such services performed or supplies/expenses incurred as of the effective date of the termination.
ATTACHMENTS
1. Resolution
Reviewed for Submission to the City Council by:
_________________________________________
Jaime M. Fontes, City Manager
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Meeting Date:
Item #:
RESOLUTION NO. 22-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE RESCINDING RESOLUTION NO. 22-81 TO ORDER AN ELECTION,
REQUESTING THE COUNTY ELECTIONS DEPARTMENT TO CONDUCT THE
ELECTION, AND REQUESTING CONSOLIDATION OF THE ELECTION
WHEREAS, on July 7, 2022, the City Council adopted resolution 22-81 to order an election requesting the County Elections Department to conduct the election, and requesting consolidation of the election; and
WHEREAS, pursuant to Elections Code Section 10002, the governing body of any city or district may by resolution request the Board of Supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election. The City or district shall reimburse the county in full for the services performed upon presentation of a bill to the city or district; and WHEREAS, on July 7, 2022, the City entered into a service agreement for the provision of election services between the City and Monterey County Registrar of Voters for the November 8, 2022 General Election; and
WHEREAS, at the close of the extended nomination period of August 17, 2022, there remained the exact total of candidates as offices to be elected at the November 8, 2022 Municipal Election; and
WHEREAS, pursuant to Elections Code Section 10229 allows one of three actions to be taken by the City Council; and
WHEREAS, if an incumbent fails to file pursuant to Section 10225, (i) no one or only one person has been nominated for any office that is elected on a citywide basis, or (ii) no one or only one person is nominated to be elected from or by a legislative district, or (iii) in the case of any office or offices to be elected at large, the number of persons who have been nominated for those offices does not exceed the number to be filled at that election; or, if, by the 88th day, during normal business hours as posted, before a municipal election to fill any vacancy in office, no one or only one person has been nominated for any elective office to be filled at that election, and the election is subject to Section 36512 of the Government Code, the city elections official shall submit a certificate of these facts to the governing body of the city and inform the governing body Packet Page 13
of the city that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office an eligible elector if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated; and WHEREAS, only one incumbent was nominated for the Mayor’s position and only two candidates were nominated for the two City Council seats to be filled at the November 8, 2022 Election; therefore the City Council may take action pursuant to either Option 1 or Option 3; and
WHEREAS, no other City offices are to be filled at the November 8, 2022 Election, and no City measure has qualified to be submitted to the voters at that election; and WHEREAS, the City Council determined that by appointing the officers as permitted by Elections Code Section 10229, the City will authorize the City Manager to terminate the service agreement with the Monterey County Registrar of Voters to save the cost associated with the Municipal Election.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Seaside as follow:
1. Cancel the General Municipal Election on Tuesday, the 8th day of November for the purpose of election one (1) person to the office of Mayor for a term of two (2) years, and two (2) persons to the Office of Council Member for the term of four (4) years each; and
2. Return the costs of the Candidate’s statement that was paid by the candidate to the city in the amount of $387.00; and
3. The election shall not be consolidated with any other election to be held totally or partially within the boundaries of this City; and
4. The City Manager is hereby authorized to terminate the service agreement with the County of Monterey for the administration of part or all of the aforesaid Municipal Election by the County, and the County Registrar of Voters is authorized to bill the City, a sum equal to the actual cost of such services performed or supplies/expenses incurred as of the effective date of the termination.
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PASSED AND ADOPTED at a special meeting of the City Council of the City of Seaside duly held on the ____ day of August 2022, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
______________________________
Sheri L. Damon, City Attorney
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