Agenda Item No. 14
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 November 13, 2024
SUBJECT: November 5, 2024 General Municipal Election Wrap -Up RECOMMENDATION:
That the City Council receive an update from the City Clerk regarding the General Municipal Election held in the City of Yucaipa on Tuesday, November 5, 2024.
BACKGROUND/DISCUSSION:
A General Municipal Election was held in the City of Yucaipa 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.
In addition, the City Council adopted resolutions on June 24, 2024, ordering the submission to the qualified electors of the City a measure establishing a one cent transactions and use (sales) tax, accepting the Certificate of Sufficiency of Petition to Recall Yucaipa City Councilmember Matt Garner, District 1, and calling for the holding of a Special Municipal Election on Tuesday, November 5, 2024, for the submission of the question of the recall of a certain officer.
By law, California county elections officials have 30 days, also known as the canvass period, to count every valid ballot and conduct a required post -election audit. The official results will be provided to the City Clerk by December 5, 2024. The City Clerk will then present the results to the City Council for adoption at its regular meeting scheduled for Monday, December 9, 2024.
While the results posted on the San Bernardino County Registrar's (ROV) website are unofficial, it appears that the recall in Yucaipa District 1 will be successful. In the likely event that the recall is successful, a vacancy will exist on the City Council. According to California Government Code § 36512(b), if a vacancy occurs in an elective office, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.
Special Election
If the Council calls a Special Election, the Special Election shall be held on the next regularly established election date not less than 114 days from the call of the Special Election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. California Elections Code § 1000 & 1301 define established election dates as follows:
(a) The first Tuesday after the first Monday in March of each even -numbered year that is evenly divisible by four. (March 7, 2028)
(b) The first Tuesday after the first Monday in March of each odd -numbered year. (March 2, 2027)
(c) The second Tuesday of April in each even -numbered year. (April 14, 2026) (d) The first Tuesday after the first Monday in June in each even -numbered year that is not evenly divisible by four. (June 2, 2026)
(e) The first Tuesday after the first Monday in November of each year. (November 4, 2025) Should the Council decide to call a Special Election, the next regularly established election would be November 4, 2025.
The City Clerk's Office has submitted a request for a cost estimate to the ROV but has not received an official response. While we don't have the actual cost of a Special Election, it is anticipated that it will exceed $100,000 based on previous estimates from the ROV.
Appointment
If the Council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office for the unexpired balance of the term of office.
Should the Council decide to fill the vacancy by appointment, the Council has complete discretion to make an appointment, limited only by the requirement that the person appointed be at least 18 years of age and a registered voter of District 1.
Staff recommends that the City Council discuss their options and provide any direction to staff as necessary.
FISCAL IMPACT:
There is no fiscal impact as a result of the recommendation. —
Approved by: