Agenda Item No. 5
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Assistant City Manager/City Clerk Tammy Vaughan, Deputy City Clerk/IS Technician
FOR: City Council Meeting of May 23, 2022
SUBJECT: November 8, 2022 General Municipal Election
RECOMMENDATION:
That City Council adopt Resolution No. 2022-19, calling for and giving notice of the holding of the general municipal election to be held on November 8, 2022, requesting San Bernardino County to consolidate the General Municipal Election with the Statewide Election, and establishing regulations for candidate statements.
DISCUSSION:
The City of Yucaipa will hold its General Municipal Election on November 8, 2022, for the purpose of electing the following:
A. District 1 Councilmember for the full term of four (4) years (presently held by Councilmember Avila)
B. District 2 Councilmember for the full term of four (4) years (presently held by Councilmember Bogh)
The nomination period will commence on Monday, July 18, 2022, at 7:30 a.m. and will close on Friday, August 12, 2022, at 12:00 p.m. If an incumbent does not file for re-election, the nomination period will extend to Wednesday, August 17, 2020, until 5:00 p.m. for all registered voters that reside in the applicable District (except the incumbents).
Resolution No. 2022-19 fulfills legal requirements referred to in §12000 of the Elections Code, provides guidelines and a deposit amount as set by the Registrar of Voters (ROV) Office for candidates interested in preparing a Candidate's Statement, and consolidates the General Municipal Election with the Statewide Election.
The November 8, 2022, election calendar is attached for information purposes only (Exhibit A).
The election calendar and a nomination packet will be provided to all prospective candidates that pull papers during the nomination period.
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City Council Agenda Report
May 23, 2022
November 8, 2022 General Municipal Election
FISCAL IMPACT:
The Fiscal Year 2022/23 draft budget will include an allocation of $17,000 for the November 2022 General Election. The ROV has not yet provided the City with an estimated cost for services; however, based on historical costs for comparable elections, the amount of $17,000 should be sufficient to cover the costs associated with services for the two contests. Once the election is complete, the ROV will reconcile the difference between the actual cost and the estimated cost and will provide a final invoice at that time.
Attachment(s): Exhibit A
Resolution No. 2022-19
Approved by:
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Exhibit "A"
November 8, 2022 General Election
Calendar of Events
This information is for general information only and does not have the force and effect of law, regulations, or rule. In case of conflict, the law, regulation, or rule will apply. Because of possible changes in law or procedure since the publication of this information, the Candidate should obtain the most up-to-date information available.
Monday, July 18 — 7:30 AM
Friday, August 12 — 12:00 Noon
Wednesday, August 17 - 5:00 PM
Thursday, August 18
Monday, September 12 - 7:30 AM
Tuesday, October 25 - 5:00 PM
Tuesday, November 8
First day to procure nomination papers from the
City Clerk.
Deadline for filing nomination papers with the City
Clerk. All relevant documents must be filed at one
time. Last day to withdraw nomination papers.
Candidate filing extension deadline. The filing
period will be extended only for non -incumbents
and only if an incumbent eligible to file does not
file by August 121n
Secretary of State to draw randomized alphabet.
This determines the order of candidate's names on
the ballot.
Any qualifying person wishing to file as a write -in -
candidate may pick up nomination papers
beginning on this date.
Deadline for write -in -candidate to file Nomination
Papers.
ELECTION DAY - Polls open 7:00 AM to 8:00
PM
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RESOLUTION NO.2022-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA,
CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 FOR THE PURPOSE OF
ELECTING ONE PERSON EACH FROM COUNCIL DISTRICTS ONE AND TWO TO THE CITY
COUNCIL OF THE CITY OF YUCAIPA FOR FULL FOUR-YEAR TERMS, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403
OF THE ELECTIONS CODE RELATING TO GENERAL LAW CITIES, AND ESTABLISHING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS FOR SAID ELECTION
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 election of Municipal Officers; and
WHEREAS, it is desirable 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 (vote centers) and election officers of the two elections be the same, and that the County Election Department of the County of San Bernardino canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
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 statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Yucaipa, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of the following:
To elect one person each from Council Districts 1 and 2 to the City Council of the City of Yucaipa for the full term of four (4) years.
SECTION 2. The ballots to be used at the election shall be in the form and content as required by law.
SECTION 3. The City Clerk is authorized, instructed, and directed to coordinate with the County of San Bernardino Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. The polls (vote centers) for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.
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RESOLUTION NO.2022-19
SECTION 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. Pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino 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 electing one person each from Council Districts 1 and 2 to the City Council of the City of Yucaipa for the full term of four (4) years. The consolidated election shall be held and conducted in the manner prescribed in § 10418 of the Elections Code.
SECTION 7. The San Bernardino County Registrar of Voters 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.
SECTION 8. The Board of Supervisors of the County of San Bernardino is requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 9. The City of Yucaipa 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 10. GENERAL PROVISIONS. 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 Yucaipa on November 8, 2022, may prepare a candidate's 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. 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 11. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidate's statements will be translated into all languages required by the County of San Bernardino. The County is required to translate candidate's statements into the following language: Spanish.
B. The County will print and snail sample ballots and candidate's statements to all voters in English and Spanish. The County will make the voter information guides and candidate's statements in the required languages available at all polling places/vote centers, on the County's website, and in the Election Official's office.
SECTION 12. PAYMENT.
A. The candidate shall be required to pay for the cost of translating the candidate's statement into anyrequired foreign language as specified in Section 11(A) above pursuant to Federal and/or State law.
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RESOLUTION NO. 2022-19
B. The candidate shall be required to pay for the cost of printing the candidate's statement in English and Spanish.
C. The County Registrar of Voters shall provide the City Clerk with an estimate of the total cost of printing, handling, translating, and mailing the candidates statement 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 for his or her estimated pro rata share as a condition of having his or her statement included in the voter's 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 clerk is not bound by the estimate and may, on a pro rate basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may 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.
SECTION 13. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
SECTION 14. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 15. All previous resolutions establishing council policy on payment for candidates' statements are repealed.
SECTION 16. This Resolution shall apply only to the election to be held on November 8, 2022 and shall then be repealed.
SECTION 17. 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. Notwithstanding the generality of the foregoing, the City Clerk is hereby instructed to act in conformance with California Elections Code § 10403 and to file a certified copy of this Resolution with the Board of Supervisors of San Bernardino County and to transmit a copy of the same to the San Bernardino County Elections Official.
SECTION 18. 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 23rd day of May 2022.
ATTEST:
JENNIFER CRAWFORD, CITY CLERK
DAVID AVILA, MAYOR
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