CITY OF SIMI VALLEY
MEMORANDUM
J
une 13, 2022
TO
: City Council
F
ROM: Office of the City Manager
S
UBJECT: ADOPTION OF RESOLUTIONS CALLING AND GIVING NOTICE OF
HOLDING A GENERAL MUNICIPAL ELECTION AND CONTRACTING
WITH THE COUNTY ELECTIONS OFFICIAL TO RENDER SERVICES
AND SUPPLIES, AND CONFIRMING OF REGULATIONS PERTAINING
TO MATERIALS SUBMITTED TO THE ELECTORATE
STAFF RECOMMENDATION
I
t is recommended that the City Council:
1. A
dopt the attached R esolution No. 2022-28 (page 6) calling and giving notice of the holding of a general municipal election for the purpose of electing a Mayor and two City Council Members and requesting the Board of Supervisors of the County of Ventura to consolidate this election with the November 8 , 202 2 statewide general election;
2. A
dopt the attached Resolution No. 2022-29 (page 8) approving the contract for election supplies and services with the County of Ventura, and authorize the City Manager to execute said contract;
3. R
etain regulations for candidates pertaining to the resolution of tie votes by lot as set forth in Resolution No. 2010-52 (Attachment A, page 11) adopted on August 2, 2010.
BACKGROUND AND OVERVIEW
O
n March 14, 1983, the City Council adopted Ordinance No. 530 requiring that the City's general municipal elections be held on the same day as the statewide general elections, thereby changing the election date from April to November in even-numbered years. Accordingly, the Elections Code (E.C.) of California governs the consolidation of elections by requiring the City to file resolutions with the Board of Supervisors of Ventura County, to include the following:
AGENDA ITEM NO.
Consent (9)
• Calling and giving notice of the holding of a general municipal election and requesting consolidation with the statewide general election to be held on the same day, and acknowledging the consolidated election will be held and conducted in the manner prescribed in Section Election Code 10418 (E.C. 10403);
• Authorizing the County elections official to canvass the returns of the consolidated general municipal election. Authorization shall ensure that the election be held in all respects as if there were only one election and that only one form of ballot be used (E.C. 10411);
• Requesting the Board of Supervisors to issue instructions to the County elections official to take any and all steps necessary for the holding of the consolidated general municipal election; and
• Agreeing to reimburse the County for costs it incurs by reason of the consolidation.
Resolutions calling for and giving notice of the Election of one Mayor and two City Council Members and for the provision of services by the Ventura County Elections Division for the election are attached.
FINDINGS AND ALTERNATIVES
The Consolidated General Election held on November 8, 2022, will be conducted as a general election for the mayoral seat for a term of two years and a City Council Member for each District 2 and 4 for a term of four years each. This will be the first time residents in Districts 2 and 4 will be electing their candidate following the City’s transition to by - district elections.
California Elections Code Section 10220 governs the nomination period for elections consolidated with a regularly scheduled election. Accordingly, the candidate filing period commences on July 18, 2022, and closes at the end of the business day on August 12, 2022. However, if an incumbent fails to file nomination documents by the closing deadline, the nomination period will be extended (E.C. 10225) to the end of the business day on August 17, 2022, to allow additional time for voters to nominate candidates other than the incumbent. A list of important dates associated with the November 8 , 2022, General Municipal Election is included (Attachment B, page 12).
District Elections
On November 26, 2018, the City Council adopted Ordinance No. 1292 implementing by- district elections. Accordingly, Districts 2 and 4 will be up for election on the November 2022 ballot to fill each City Council Member District s 2 and 4 seat for a four year term .
Residents of Districts 1 and 3 voted to fill their City Council Member district seats in the 2020 election, and will have the opportunity to vote again during the November 2024 2 election. All residents will continue to vote for a Mayor at -large every two years as the Mayoral seat is not selected by District.
District Elections means that registered voters of a district will elect a City Council Member from their district. Only those registered voters residing in Districts 2 and 4 will receive ballots for this City Council Member election. Individuals desiring to run for City Council must reside in the eligible districts and be a registered voter of that district during the nomination period. Registered voters living in Districts 1 and 3 will only vote for the Mayoral seat.
The City Clerk’s Office has created a tool that may be found at www.simivalley.org/findyourdistrict to assist residents in identifying which District they live in. Residents can contact the City Clerk’s Office for assistance or additional information.
Candidates’ Statements
As specified in E.C. 13307, candidates for elective office may prepare a Candidate’s Statement for inclusion in the combined Sample Ballot and Voter’s Information Pamphlet.
The Statement may include the candidate’s name, age, occupation, and a brief description of the candidate’s education and qualifications expressed by the candidate.
E.C. 13307 also authorizes the City Council to determine the word limitation on Candidates’ Statements, to estimate the total cost of printing, handling, mailing Candidates’ Statements, and to require each candidate filing a Statement to pay in advance his or her estimated pro rata share of the total cost as a condition of including the Statement in the Sample Ballot.
Pursuant to Elections Code 13307, the City Council established in Resolution No. 86-103, a 200 word count limitation for the Candidates’ Statement and that candidates are required to pay their pro rata share of all costs associated with the printing, handling, and mailing of Candidates’ Statements. The Ventura County Elections Division recommends a deposit of $900 per candidate submitting a Candidate’s Statement for Council Member, based on an estimate of costs involved, which is an increase from the last election, and a deposit of $1,350.00 per candidate submitting a Candidate’s Statement for Mayor, which is a decrease from last election. This cost includes translation of the Candidates’ Statements into Spanish, in compliance with the Federal Voting Rights Act. The City’s elections official will collect this deposit when a candidate files a Candidate's Statement with his or her nomination papers.
Costs
The Ventura County Elections Division estimates the total cost of services and supplies provided to the City in conjunction with the election of a Mayor and two City Council Members at $76,000, as outlined in Attachment C ( page 15). T he estimated cost for District 2 is $13,000, the estimated cost for Dist rict 4 is $15,000, and the estimate for Mayor is $48,000. This estimate includes, with the exception of legal ads, the costs for coordination of polling places within Simi Valley, direct clerical support, printing of all Candidates’ Statements, the cost of printing and mailing the Sample Ballot, and 3 preparation of the Official Ballot. Funding for these expenditures is included in the City Administration section of the FY 2022-23 Proposed Budget. The Ventura County Elections Division will invoice the City for its share of the election costs. The $7 6,000 estimated cost for the Mayoral and City Council Member positions will be reduced by any deposits collected for Candidates’ Statements. In the event the cost of the Candidates’ Statements exceeds their deposit, the candidates will be invoiced for the additional amount. Should the cost for the Candidate Statements be below the deposit amount, candidates will receive a refund for the difference.
In the event of a vote in which two or more persons receive an equal and the highest number of votes for an office, the City follows regulations established in Resolution No. 2010-52 adopted August 2, 2010. The Resolution provides that the City of Simi Valley authorizes the Board of Supervisors to utilize criteria set forth in Elections Code Section 15651(a) and resolve the tie vote by lot.
To initiate the election process, the City Council must adopt the attached resolutions calling and giving notice of the holding of a general municipal election and authorizing the County elections official to render services for the conduct of the election.
The following alternatives are available to the City Council:
1. Adopt the attached Resolution No. 2022-28 calling and giving notice of the holding of a general municipal election for the election of one Mayor and two City Council Members and requesting the Board of Supervisors of the County of Ventura to consolidate this election with the November 8, 2022, Statewide General Election;
2. Adopt the attached R esolution No. 2022- 29 approving the contract for election supplies and services with the County of Ventura, and authorize the City Manager to execute said contract;
3. Retain regulations for candidates pertaining to determining the resolution of tie votes by lot as set forth in Resolution No. 2010-52 (Attachment A) adopted August 2, 2010;
4. Modify the attached resolutions and take the other required actions.
Staff recommends Alternative Nos. 1, 2, and 3.
SUGGESTED CITY COUNCIL MOTION
I move to adopt R esolution Nos. 2022- 28 and 2022 -29 calling the general municipal election and requesting consolidation with the County of Ventura, approving the contract for election supplies and services, and retain the regulations pertaining to resolution of tie votes by lot.
4 SUMMARY
Ordinance No. 530, adopted by the City Council on March 14, 1983, requires that the City's general municipal election be held on the same day as the Statewide general election. Furthermore, the Elections Code governs consolidation of elections, t he nomination period for candidates, regulations for Candidates’ Statements and regulations regarding tie votes . Previously adopted City Council Resolution No. 86 -103 sets forth regulations on the word limit and payment for the cost of printing the Candid ates’ Statements in the Sample Ballot. City Council Resolution No. 2010 -52, adopted August 2, 2010 , sets forth regulations of the resolution of tie votes by lot. Accordingly, staff recommends that the City Council take the necessary actions, as recommended, pertaining to the November 8, 2022 general municipal election. ____________________________________
Lucy Blanco
City Clerk
Prepared by: Lucy Blanco, City Clerk
INDEX
Page
Resolution No. 2022-28 Calling and Giving Notice of Election ................................... 6 Resolution No. 2022-29 Requesting County elections official to render services……………………………………………………………………………8
Attachment A – Resolution No. 2010-52....................................................................11 Attachment B – General Municipal Election Dates……………………………………..1 4 A
ttachment C – Election Cost Estimate………………………………………………….15 5 RESOLUTION NO. 2022-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION, AND
TO REQUEST THE BOARD OF SUPERVISORS OF THE
COUNTY OF VENTURA TO CONSOLIDATE THIS
ELECTION OF SAID CITY TO BE HELD ON TUESDAY,
NOVEMBER 8, 20 22 WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON SAID DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Simi Valley is calling and giving notice of a general municipal election in said City to be held on November 8 , 2022, for the purpose of electing a Mayor for a term of two years and two City Council Members, one from District 2 and one from District 4, each for a term of four years;
WHEREAS, said general municipal election shall be consolidated with the statewide general election to be held on the same date and that within said City, the precincts, polling places and election officers of the two elections be the same, and that the County Clerk of the County of Ventura canvass the returns of the general municipal election and that said statewide general election and general municipal election be held in all respects as if they were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI
VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1
. Pursuant to the requirements of the laws of the State of California relating to general law cities within said State, there shall be, and there is hereby called and ordered, held in the City of Simi Valley, County of Ventura, State of California, on Tuesday, November 8, 2022, a consolidated general municipal election of the qualified electors of said City for the purpose of electing a Mayor at-large for a term of two years, and two City Council Members, one from District 2 and one from District 4 each for a term of four years.
SECTION 2. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Ventura is hereby requested to consent and agree to the consolidation of the general municipal election with the statewide general election to be held in the same territory on Tuesday, November 8 , 2022.
SECTION 3
. The City of Simi Valley acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418 of the Elections Code.
6 RES. NO. 2022-28
SECTION 4. Said County Clerk is hereby authorized to canvass the returns of said general municipal election, which is hereby requested to consolidate with said statewide general election, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used.
SECTION 5
. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for the holding of said consolidated general election.
SECTION 6
. The City of Simi Valley recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs.
SECTION 7. Pursuant to Section 13307 of the Elections Code, the City Council affirms the 200-word count limitation for Candidates Statements.
SECTION 8
. The City Clerk is hereby directed to forward to said Board of Supervisors and to said County Clerk each a certified copy of this resolution.
SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 13th day of June 2022.
Attest:
Lucy Blanco, CMC Keith L. Mashburn, Mayor of the City of City Clerk Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager
7 RESOLUTION NO. 2022-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY REQUESTING THE BOARD OF SUPERVISORS
OF VENTURA COUNTY TO PERMIT THE COUNTY
ELECTIONS OFFICIAL TO RENDER SERVICES TO THE CITY
FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
THE DAY OF THE STATEWIDE GENERAL ELECTION
WHEREAS, a general municipal election is to be held in the City of Simi Valley on the day of the statewide general election for the purpose of electing a Mayor at-large for a term of two years, and two City Council Members, one from District 2 and one from District 4, each for a term of four years.
WHEREAS, the City of Simi Valley wishes to have the County elections official of Ventura County render specified services to the City relating to the conduct of the election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1
. Pursuant to the Elections Code, the Board of Supervisors is requested to permit the County elections official of Ventura County to render specified services with respect to the conduct of the general municipal election to be held in the City of Simi Valley on the day of the statewide general election, as shown on Exhibit A, attached hereto and made a part hereof; and that any and all other such services be rendered as may be necessary to complete said election.
SECTION 2. That the City of Simi Valley agrees to pay the reasonable costs for the services and supplies to be rendered by the County elections official.
SECTION 3
. The City Clerk is hereby directed to forward to said Board of Supervisors and to said County elections official each a certified copy of this resolution
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 13th day of June 2022.
Attest:
Lucy Blanco, CMC Keith L. Mashburn, Mayor of the City of City Clerk Simi Valley, California
Approved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager
8 MARK A. LUNN
Clerk-Recorder, Registrar of Voters
Elections Division
VENTURA COUNTY
REQUEST FOR SPECIFIED ELECTION SERVICES
CANDIDATES TO: MARK A. LUNN, Clerk-Recorder, Registrar of Voters FROM: 4
Signature of Authorization
ELECTION: DATE: _
SERVICES REQUESTED: Place a check mark next to the desired services.
ITEM #1 PUBLICATIONS
A. County elections official is requested to publish: Notice of Election for_____ Offices, Nominees, Election Officers and Polling Places.
B. City will publish._____
ITEM #2 CANDIDATE CERTIFICATES AND OATHS OF OFFICE
A. County elections official is requested to furnish Certificates and Oaths of Office._____
1. Blank forms only - number requested .
2. Forms filled in appropriately - number requested ___.
B. City will furnish Certificates and Oaths of Office._____ ITEM #3 ELECTION NIGHT RESULTS
On-line results_____
E-mail _____ ________________________________________________ ELECTIONS DIVISION SERVICES PROVIDED:
CANDIDATE F ORMS – Ventura County Elections Division to provide one master set for copying.
CANDIDATE FILINGS – Ventura County Elections Division will check nomination petition signatures.
CANDIDATE S T A T E M E N T – Maximum number of words permitted for the Candidate's Statement will be 200 words. The City will be billed the cost of handling and printing the Candidate Statements. Pursuant to Elections Code Section 10002, the City agrees to reimburse the Ventura County Elections Division in full for the services performed upon presentation of a bill.
City Name
Statewide General Election November 8, 2020
Exhibit A
9 ELECTION DAY VOTER INFORMATION – A USB of registered voters and a list of polling places will be provided.
SPANISH TRANSLATIONS – Ventura County Elections Division will arrange for all translations pursuant to Elections Code Section 13307.
PRINTING OF COUNTY VOTER INFORMATION GUIDES – Ventura County Elections Division will arrange for printing Candidates' Statements in the County Voter Information *uide for each election.
VOTE BY MAIL BALLOTS – Ventura County Elections Division will process all Vote By Mail ballots, including the checking of applications and ballot mailing. Applications and envelopes will be provided to City Clerks.
POLLING PLACES/PRECINCTS ASSIGNMENTS – Ventura County Elections Division will determine the number of polling places.
The undersigned requests the above election services to be performed by the Ventura County Elections Official and pursuant to Elections Code Section 10002, agrees to reimburse the County in full for services requested upon presentation of a bill.
Name of City: _________________________________________________ Signature & Title: _________________________________________________ Date: _________________________________________________ Rev. 0/21/2022
10 C)
c )
)
RESOLUTION NO. 2010-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY ADOPTING REGULATIONS PERTAINING
TO DETERMINING THE RESOLUTION OF TIE VOTES BY
LOT PURSUANT TO STATE ELECTIONS CODE SECTION
15651 (A) -
WHEREAS, Section 15651 (a) of the Elections Code of the State of California provides if two or more persons receive an equal and highest number of votes for an office to be voted for, the determination of tie votes will be determined by lot and that a special runoff election shall be held only if the City Council chooses to adopt the provisions of the Elections Code section 15651 (b) prior to the conduct of the election resulting in the tie vote; and WHEREAS, the City Council fmds and determines that the resolution of a tie. vote by lot is preferred pursuant to the provisions of Section 15651 (a) of the Elections Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI
V ALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to Section 15651 (a) 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, the City Council of the City of Simi Valley authorizes the Board of Supervisors to utilize criteria set forth in Elections Code Section 15651 (a) and resolve the tie vote by lot.
SECTION 2. That this Resolution shall.apply at the next ensuing general municipal election and at each municipal election after that time.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 2nd day of August 2010
Attest:
(Wendy K.reen
Assistant City Clerk
Paul Miller, ayor of the City of
Simi Vall ,California
9-09
ATTACHMENT A
11 ·4
(j
Approved as to Form:
Tracy M .. oonan, City Attorney
(j
Approved as to Content:
y~~ ..
Mi'e SedeU, City Manager
RES. NO.
2010-52
- I ~(/J ~ fh-,-'\-.. , c..*-
Daniel B. Paranick
Assistant City Manager
-2-
12 ()
, ) <
RES. NO. 2010-52
I, Assistant City Clerk of the City of Simi Valley, California, do hereby certify that the foregoing Resolution No. 2010-52 was regularly introduced and adopted by the City Council of the City of Simi Valley, California, at a regular meeting thereof held on the 2nd day of August 2010, by the following vote of the City Council:
AYES:
NAyS:
ABSENT:
Council Members Foster, Sojka, Williamson,
Mayor Pro Tern Becerra and Mayor Miller
None
None
ABSTAINED: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Simi Valley, California, this 3rd day of August 2010. -3-
':P?2~
Wendy K. Green
Assistant City Clerk
13 ATTACHMENT B
NOVEMBER 8, 2022
GENERAL MUNICIPAL ELECTION DATES
JULY 18 - NOMINATION PERIOD
AUGUST 12 Candidates commence with the nomination process.
AUGUST 10 - 24 HOUR REPORTING
NOVEMBER 8 During this period, any contribution received or independent expenditure made of $1,000 or more must be reported within 24 hours via personal delivery, guaranteed overnight delivery, or fax.
AUGUST 13 - EXTENDED NOMINATION PERIOD
AUGUST 17 Five-day extension of nomination period if an incumbent fails to file.
AUGUST 15 WITHDRAWAL OF CANDIDATES’ STATEMENTS
Last day for withdrawal of statements.
AUGUST 18 WITHDRAWAL OF CANDIDATES’ STATEMENTS
Last day for withdrawal of statements if filing period is extended.
SEPTEMBER 29 - COUNTY MAILS COUNTY VOTER INFORMATION GUIDE OCTOBER 29 County elections official commences mailing an appropriate County Voter Guide to each registered voter. (E.C. 13300, 13303, 13304)
SEPTEMBER 29 FIRST PRE-ELECTION CAMPAIGN DISCLOSURE STATEMENT Last day to file first pre -election campaign statement with the City Clerk.
(G.C. 84200.5, 84200.8)
OCTOBER 24 VOTER REGISTRATION DEADLINE
Last day to register to vote or change registration to be eligible to vote. (E.C. 2102, 2119)
OCTOBER 27 SECOND PRE-ELECTION CAMPAIGN STATEMENT DEADLINE Last day to file second pre-election campaign statement with the City Clerk. (G.C. 84200.5, 84200.8)
NOVEMBER 8 ELECTION DAY
Polls open 7:00 a.m. to 8:00 p.m. Voters in line at 8:00 p.m. will be permitted to vote. (E.C. 14212)
DECEMBER 8 CERTIFIED STATEMENT OF RESULTS
Last day for the County elections official to prepare and submit a certified statement of the election results to the City Council and Secretary of State. (E.C. 15372)
14 ATTACHMENT C
15