Agenda Item No. 4
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of May 13, 2024
SUBJECT: November 5, 2024 General Municipal Election
RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 2024-10, calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities; and
2. Adopt Resolution No. 2024-11, Requesting the Board of Supervisors of the County of San Bernardino to Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code; and
3. Adopt Resolution No. 2024-12, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024.
DISCUSSION:
The City of Yucaipa will hold its General Municipal Election on November 5, 2024, for the purpose of electing the following:
• District 3 Councilmember for the full term of four (4) years (presently held by Councilmember Duncan)
• District 4 Councilmember for the full term of four (4) years (presently held by Mayor Beaver) • District 5 Councilmember for the full term of four (4) years (presently held by Councilmember Thorp)
Anyone wishing to run for office will be able to pull nomination papers from the City Clerk starting on Monday, July 15, 2024. Completed nomination papers will have to be filed by Friday, August
9, 2024, at 12:00 p.m., unless an incumbent fails to file, in which case the deadline will be extended to August 14, 2024.
The attached resolutions will call the election with the County of San Bernardino and set regulations for filing candidate statements. The City will publish the notice of election along with the filing deadlines as required by law.
FISCAL IMPACT:
The Fiscal Year 2024/25 draft budget will include an allocation of $15,000 for the November 2024 General Election. The San Bernardino County Registrar of Voters has not yet provided the City with an estimated cost for services. 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.
Attachments:
1. Resolution No. 2024-10
2. Resolution No. 2024-11
3. Resolution No. 2024-12
Approved by: — -�
ATTACHMENT
RESOLUTION N0.2024-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 20249
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES
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 5, 2024, for the election of Municipal Officers pursuant to Government Code Section 36503.5.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES 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 Yucaipa, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing one (1) Member of the City Council for District 3; one (1) Member of the City Council for District 4; and one (1) Member of the City Council for District 5, each 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 San Bernardino County 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 shall be closed pursuant to Election Code § 10242, except as provided in § § 14212, 14401 of the Elections Code of the State of California.
Section 5. That in all the 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.
Section 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
Section 8. 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.
PASSED, APPROVED, and ADOPTED this 13th day of May, 2024.
Justin Beaver. Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
ATTACHMENT 2
RESOLUTION NO. 2024-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE
PURSUANT TO § 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Yucaipa called a Municipal Election to be held on November 5, 2024, for the purpose of the election of three Members of the City Council; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. That 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 November 5, 2024, for the purpose of electing one (1) Member of the City Council for District 3; one (1) Member of the City Council for District 4; and one (1) Member of the City Council for District 5, each for the full term of four (4) years.
Section 2. 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 the law regulating the statewide election.
Section 3. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
Section 4. The City of Yucaipa recognizes that additional costs will be incurred by the County of San Bernardino by reason of this consolidation and agrees to reimburse the County for any costs.
Section 5. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the San Bernardino County Registrar of Voters.
Section 6. 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 13th day of May, 2024.
Justin Beaver. Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
ATTACHMENT 3
RESOLUTION NO.2024-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
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 5, 2024
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 statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES 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 Yucaipa, 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 two hundred (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 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 San Bernardino. The County is required to translate candidate statements into the following language: Spanish.
B. The County will mail separate sample ballots and candidates statements in Spanish to only those voters who are on the county voter file as having requested a sample ballot in that particular language. The County will make the sample ballots and candidate statements in the required language available at all polling places, on the County's website, and in the Election Official's Office.
Section 3. PAYMENT
A. The Candidate shall be required to pay for all costs related to the printing of the Candidate Statement.
B. The City Clerk 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 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's pamphlet. The estimate is 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 candidate's filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expenses 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 City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of receiving the final billing.
Section 4. MISCELLANEOUS
A. All translations shall be provided by professionally certified translators.
B. The City Clerk shall allow underlining, capitalization, indentation, bullets, and leading hyphens.
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 election.
Section 5. No candidate will be permitted to include additional materials in the sample ballot package.
Section 6. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nomination petitions are issued.
Section 7. That all previous Resolutions establishing council policy on payment for candidate statements are repealed.
Section 8. That this resolution shall apply at the next ensuing municipal election and at each municipal election after that time.
Section 9. 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 13th day of May, 2024.
Justin Beaver. Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk