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HomeMy WebLinkAboutItem No. 06 - Notice and Calling of General Municipal Run-Off Election Consent Calendar City of San Bernardino Request for Council Action Date: June 17, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Genoveva Rocha, CMC, Acting City Clerk Subject: Notice and Calling of a General Municipal Run-Off Election Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the following resolutions required in order to conduct a General Municipal Run-Off Election on Tuesday, November 3, 2020: 1) Adopt Resolution No. 2020-146 of the Mayor and City Council of the City of San Bernardino, California, calling and giving notice of the holding of a General Municipal Run-Off Election to be held on Tuesday, November 3, 2020, requesting the Board of Supervisors of the County of San Bernardino to consolidate said Election with the November 3, 2020, Statewide General Election and permit the San Bernardino County Registrar of Voters to render Election services to the City of San Bernardino for said Election, and authorizing the City Manager to pay the invoice for the costs of the Election; and 2) Adopt Resolution No. 2020-147 of the Mayor and City Council of the City of San Bernardino, 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 3, 2020. Background Pursuant to Article 8, Section 800, of the City Charter, the primary and general Election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. On March 3, 2020, the City of San Bernardino held a Primary Municipal election. The results were certified by the San Bernardino County Registrar of Voters on April 1, 2020. Based on the certified results, the Ward 5 and Ward 7 council races resulted in run-off elections, which will be consolidated with the Statewide General Election in November. Page 1 6779 Discussion The Election will be conducted on Tuesday, November 3, 2020, to elect members of the City Council, Ward 5 and Ward 7. As a matter of process, the San Bernardino County Board of Supervisors requires that each City requesting election services submit an executed resolution requesting such services. This year, the Registrar of Voters has placed a Friday, June 26, 2020 deadline for these resolutions. The City Council must adopt Resolutions calling and consolidating the Election and setting candidate statement regulations. 2020-2025 Key Strategic Targets and Goals Noticing and Calling the Election aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact The cost of the Election is dependent on the number of races and measures on the ballot. In 2018, the cost for the general municipal election was approximately $104,000. Due to the impacts of COVID-19, the State has changed how elections will be conducted statewide. At present, the San Bernardino County Registrar of Voters anticipates an increase in the cost of the elections throughout the County but has not provided an estimate to the City. City staff estimated the cost to be approximately $122,000 in the 2020/21 Fiscal Year proposed budget; however, this estimate is uncertain. The placement of measures on the ballot by Council or through the petition process may result in additional costs. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the following resolutions required in order to conduct a General Municipal Run-Off Election on Tuesday, November 3, 2020: 1) Adopt Resolution No. 2020-146 of the Mayor and City Council of the City of San Bernardino, California, calling and giving notice of the holding of a General Municipal Run-Off Election to be held on Tuesday, November 3, 2020, requesting the Board of Supervisors of the County of San Bernardino to consolidate said Election with the November 3, 2020, Statewide General Election and permit the San Bernardino County Registrar of Voters to render Election services to the City of San Bernardino for said Election, and authorizing the City Manager to pay the invoice for the costs of the Election; and 2) Adopt Resolution No. 2020-147 of the Mayor and City Council of the City of San Bernardino, 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 3, 2020. Page 2 6779 Attachments Attachment 1Resolution No. 2020-146 Attachment 2 Resolution No. 2020-147 Wards: 5, 7 Synopsis of Previous Council Actions: September 18, 2019 Mayor and City Council adopted Resolution No. 2019-299, approving the Notice and Calling of the March 3, 2020, Primary Municipal Election. April 15, 2020 Mayor and City Council adopted Resolution No. 2020-62, declaring the results of the Primary Municipal Election held on March 3, 2020. Page 3 RESOLUTION NO.2020-146 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL RUN-OFF ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE SAID ELECTION WITH THE NOVEMBER 3, 2020, STATEWIDE GENERAL ELECTION AND PERMIT THE SAN BERNARDINO COUNTY REGISTRAR OF VOTERS TO RENDER ELECTION SERVICES TO THE CITY OF SAN BERNARDINO FOR SAID ELECTION, AND AUTHORIZING THE CITY MANAGER TO PAY THE INVOICE FOR THE COSTS OF THE ELECTION WHEREAS, under the provisions of the laws relating to Charter Cities in the State of California, a General Municipal Election shall be held on November 3, 2020, for the election of Municipal Officers; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; 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 within the city precincts, polling places 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 only one election; and WHEREAS, 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; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of San Bernardino. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Call of Election. A General Municipal Run-Off Election for Council Wards 5 and 7 is called and will be held in the City of San Bernardino on Tuesday, November 3, 2020. SECTION 2. Request for County Services. As authorized by Section 10002 of the Elections Code of the State of California, the Mayor and City Council request that the Board of Supervisors of the County of San Bernardino permit the San Bernardino County Registrar of Voters to render services to the City of San Bernardino for the General Municipal Election to be held on November 3, 2020. SECTION 3. Conduct of Election. The Board of Supervisors of the County of San Bernardino is hereby requested to issue instructions to the San Bernardino County Registrar of Voters to take all steps necessary for the holding of the General Municipal Election. The polls for said election shall be open at 7:00 a.m. of the day of said election and shall remain open continuously from that time until 8:00 p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the California Elections Code. SECTION 4. Notice of Election. The City Clerk is hereby directed to publish a Notice of the General Municipal Election., which shall contain the following: A. The date of the election. B. The offices to be filled, specifying full or short term. C. The hours the polls will be open. SECTION 5. Cost of Election. The City of San Bernardino recognizes that additional costs will be incurred by the County by reasons of this election and agrees to reimburse the County for such costs. SECTION 6. Payment of Invoice to County of San Bernardino. The City Manager is hereby authorized to pay the invoice received from the County of San Bernardino for the services necessary for conducting the General Municipal Election. SECTION 7. Filing of Resolution. The Acting City Clerk of the City of San Bernardino is directed to file a certified copy of this Resolution with the Board of Supervisors of the County of San Bernardino and to file a copy of this Resolution with the Registrar of Voters. APPROVED and ADOPTED by The City Council and signed by the Mayor and th attested by the Acting City Clerk this 17day of June, 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true th copy of Resolution No. 2020-146, adopted at a regular meeting held on the 17 day of June 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ th WITNESS my hand and official seal of the City of San Bernardino this 18 day of June, 2020. Genoveva Rocha, CMC, Acting City Clerk RESOLUTION NO.2020-147 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, 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 3, 2020 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 optional candidate statement; and WHEREAS, Section 13307(b) of the California Elections Code states that the Statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing; and WHEREAS, the City Clerk is responsible for enforcing formatting requirements that exceed those acceptable by the County and wishes to streamline the review process by imposing limits relating to the format of candidate statements to block format, and prohibit Bolding, Capitalized Words, Italics, and Underlining. The City Clerk has final sign-off and approval of all candidate statements for elected city offices in accordance with state and local law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER 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 San Bernardino 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 self. 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 ion 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. The City Clerk shall require each candidate filing a statement to pay a deposit in advance, as a condition of having his or her statement included in the voters' pamphlet. 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 Resolution No. 2020-147 June 17, 2020 Page 1 of 5 B. The County will print and mail sample ballots and candidate statements to all voters in English and Spanish. The County will make the sample ballots and candidates statements in the required languages available at all polling places, on San Bernardino. SECTION 3 Endorsements It is the policy of the San Bernardino County Registrar of Voters that any named individual or specific organization listed as an endorsement in a candidate statement must be verified as endorsing the candidate prior to printing in the Voter Information Guide and Sample Ballot. Verification of the endorsement must be in the form of a copy of a letter of endorsement, or in a direct communication from the endorser to the Registrar of Voters in the form of email or facsimile correspondence. All endorsements or verification of endorsements from an individual or organization of a candidate must be submitted no later than five days after the end of the filing period. SECTION 4. Payment. A. Translations: 1. The candidate shall be required to pay for the cost statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and\\or State law. 2. statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and\\or State law, but is requested as an option by the candidate. B. Printing: 1. statement in English in the main voter pamphlet. 2. statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. 3. statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. 4. statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet. Resolution No. 2020-147 June 17, 2020 Page 2 of 5 The City Clerk shall estimate the total cost of printing, handling, translating, and mailing 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 An estimated payment is required and 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 City 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 City 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 the election. SECTION 5. 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 6 . Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 7. representative a copy of this Resolution at the time nominating petitions are issued. SECTION 8. That all previous resolutions establishing council policy on payment for candidate statements are repealed. SECTION 9. That this Resolution shall apply only to the election to be held on November 3, 2020. SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. APPROVED and ADOPTED by The City Council and signed by the Mayor and attested by th the Acting City Clerk this 17day of June, 2020. John Valdivia, Mayor City of San Bernardino Resolution No. 2020-147 June 17, 2020 Page 3 of 5 Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Resolution No. 2020-147 June 17, 2020 Page 4 of 5 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true th copy of Resolution No. 2020-147, adopted at a regular meeting held on the 17 day of June 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ th WITNESS my hand and official seal of the City of San Bernardino this 18 day of June, 2020. Genoveva Rocha, CMC, Acting City Clerk Resolution No. 2020-147 June 17, 2020 Page 5 of 5