Item 4 - November 8, 2022 General Municipal ElectionJune 21, 2022, Item #4AG EN DA REPORT City of Poway DATE: TO: FROM: SUBJECT: Summary: June 21, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668 -4535 or cgallagher@poway.org November 8, 2022 General Municipal Election CITY COUNCIL The City of Poway is scheduled to conduct the General Municipal Election on Tuesday, November 8, 2022, for the purpose of electing an at-large Mayor and one Councilmember from District 1 and one Councilmember from District 3 for the full term of four years. Adoption of the recommended resolutions is required to commence the election process in conformance with the State of California's election laws. Recommended Action: It is recommended the City Council adopt the Resolutions. Discussion: In accordance with Poway Municipal Code Section 2.24.010, the City's 2022 General Municipal Election is scheduled to be held on November 8, 2022 for the purpose of electing an at-large Mayor and one Councilmember from District 1 and one Councilmember from District 3, each for the full term of four years. Included as Attachment A is the Calling for the Holding of the November 8, 2022 Municipal Election. The candidate filing period for the November election is Monday, July 18, 2022, at 8:00 a.m. through Friday, August 12, 2022, at 5:00 p.m. If an incumbent does not file, the period is extended to Wednesday, August 17, 2022, at 5:30 p.m. for candidates other than the incumbent to file for that office. If this occurs, the City Clerk will post a Notice of Extension of Nomination Period on the City website and the bulletin board outside City Hall, located at 13325 Civic Center Drive, Poway, CA 92064 at 5:00 p.m. August 12, 2022. In accordance with California Elections Code section 10403 and Poway Municipal Code Chapter 2.24, the City is requesting the San Diego County Board of Supervisors consolidate the City's General Municipal Election with the Statewide General Election to be held on November 8, 2022 (Attachment B). The resolution requesting consolidation agrees to reimburse the San Diego County Registrar of Voters Office for costs associated with the election services provided to the City. This long-standing partnership is cost-effective, reducing duplicity in both effort and costs. 1 of 10
June 21, 2022, Item #4The California Elections Code provides for candidate reimbursement for the cost of printing and mailing their respective candidate statements in the Voter Information Pamphlet. The Federal Voting Rights Act requires voters' pamphlets for San Diego County be translated into Spanish, Filipino, Vietnamese and Chinese languages. The candidate statement is a voluntary statement for candidates seeking a specific elective office and may include the name, age and occupation of the candidate and a 200 or 400-word description of the candidate's education and qualifications. Council determines if the statement is to be 200 or 400 words and historically, a 200-word statement has been designated. The Registrar of Voters estimates a cost of approximately $1,200 per candidate for Mayor and $1,000 per candidate of each district. The cost is calculated to recover expenses for language translation into the required languages, typesetting, printing, addressing, labor and mailing of the candidate statements portion of the Sample Ballot & Voter Information Pamphlet. The final resolution included as Attachment C to the staff report establishes reimbursement of the cost for a candidate statement based on a 200-word statement and the estimate provided by the Registrar of Voters Office. Candidates will be billed or refunded the difference in cost based on the actual number of candidates filing statements. Environmental Review: This action is not subject to CEQA review. Fiscal Impact: For budget preparation, the City Clerk used a preliminary cost estimate provided by the Registrar of Voters in January 2022. Final costs are not known until after the completion of the election. This cost will include one (1) mayoral seat and two (2) city council candidate seats. The appropriation of funds for this expenditure is included in the proposed FY 2022-23 Budget (account 101010-49100). Public Notification: This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Upon approval of this item, staff will publish the Notice of Election on the City's website and in the following newspapers: • Poway News Chieftain • San Diego Union Tribune • El Latino • Nguoi Viet Today • The Filipino Press • Epoch Times Attachments: A. Resolution Calling the Election B. Resolution Requesting Consolidation Services from the County Board of Supervisors C. Resolution Adopting a Fee and Regulations for Candidate Statements 2 of 10
June 21, 2022, Item #4Reviewed/ Approved By: W~s;;;:--Assistant City Manager 3 of 10 Reviewed By: Alan Fenstermacher City Attorney 1-1,.-.,a11:.11ne City Manager
June 21, 2022, Item #4RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, 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 8, 2022, for the election of municipal officers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway 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 in the City of Poway, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing an at-large Mayor and one (1) Councilmember from District 1 and one (1) Councilmember from District 3 for the full term of four years. SECTION 2: That the ballots to be used at the election shall be in form and content as required by law. SECTION 3: That the City Clerk is authorized, instructed and directed to coordinate with the County of San Diego 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: That the vote centers for the election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the vote centers shall be closed, pursuant to Elections Code section 10242, except as provided in section 14401 of the Elections Code of the State of California. SECTION 5: That 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: 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: That 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 in full by the City upon presentation of a properly submitted bill and that this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys' fees, as the result of an election contest arising after conduct of this general municipal 4 of 10 ATTACHMENT A
June 21, 2022, Item #4Resolution No. 22-Page 2 election, so long as the basis for any such claim arises from the conduct of the City or as a result of the reasonable reliance by the County upon information provided by the City. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of June, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 10
June 21, 2022, Item #4RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Poway called a General Municipal Election to be held on November 8, 2022, for the purpose of electing an at-large Mayor and one (1) Councilmember from District No. 1 and one (1) Councilmember from District No. 3, each for a full term of four years; 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, vote centers and election officers of the two elections be the same, and that the Registrar of Voters Office of the County of San Diego canvass the returns of the General Municipal Election and that the election to be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Diego 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 a Mayor and one Councilmember from District No. 1 and one Councilmember from District No. 3, for a full term of four years, commencing in December 2022. SECTION 2: That the Registrar of Voters Office of the County of San Diego 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. SECTION 3: That the Board of Supervisors is requested to issue instructions to the Registrar of Voters Office to take any and all steps necessary for the holding of the consolidated election. SECTION 4: That the City of Poway recognizes that additional costs will be incurred by the County of San Diego by reason of this consolidation and agrees to reimburse the County in full for the services performed by the Registrar of Voters for the City of Poway upon presentation of a bill. SECTION 5: That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters Office of the County of San Diego. 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. 6 of 10 ATTACHMENT B
June 21, 2022, Item #4Resolution No. 22-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of June, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 7 of 10
June 21, 2022, Item #4RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway 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 Poway on November 8, 2022, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such 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. Such 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 5:30 p.m. of the next working day after the close of the nomination period. 8 of 10 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 Diego Registrar of Voters Office. The County is required to translate candidate's statements into the following languages: Spanish, Vietnamese, Filipino and Chinese. B. The Registrar of Voters will mail separate local sample ballots and candidate statements in Spanish, Vietnamese, Filipino and Chinese to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The Registrar of Voters will make the sample ballots and candidates statements in the required languages available at all vote centers, on the County's website and in the Election Official's office. SECTION 3: Payment. Translations: The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in Section 2 pursuant to Federal and/or State Law. Printing: The candidate shall be required to pay for the cost of printing the candidate's statement in English and the required languages, as specified ATTACHMENT C
June 21, 2022, Item #4Resolution No. 22-Page 9 in Section 2, in the sample ballot pamphlets and any language the candidate requests as an option by the candidate. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Federal Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency of his or her estimated pro rata share of $1,200 for Mayor, and $1,000 for member of the City Council, District 1 and District 3, as a condition of having his or her statement included in the voter's pamphlet. The estimated amount 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 rata 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. SECTION 4: Miscellaneous. A All translations shall be provided by professionally certified translators. B. 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 elections. SECTION 5: Additional Materials. A 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 nominating petitions are issued. SECTION 7: That all previous Resolutions establishing council policy on payment for candidate's statements are repealed. SECTION 8: That this Resolution shall apply only to the election to be held on November 8, 2022 and shall then be repealed. SECTION 9: That the City Clerk shall certify to the passage an adoption of this Resolution and enter it into the book of original resolutions. II II II II 9 of 10
June 21, 2022, Item #4Resolution No. 22-Page 10 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of June, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 10 of 10