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HomeMy WebLinkAboutItem 13 - Calling of General Municipal Election Clerk of the Council Office www.santa-ana.org/departments/clerk-of-the-council/ Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 7, 2022 TOPIC: Calling of General Municipal Election AGENDA TITLE: Giving Notice of a General Municipal Election to be Held on November 8, 2022 and Requesting Board of Supervisors of the County of Orange to Consolidate a General Municipal Election with the Statewide General Election (General Fund) RECOMMENDED ACTION 1. Adopt a resolution ordering, calling, and giving notice of a General Municipal Election to be held in City of Santa Ana on November 8, 2022 and requesting the Board of Supervisors of the County of Orange to consolidate with the Statewide General Election. 2. Adopt a resolution establishing a charge for candidates’ statements to be submitted to the electorate in the November 8, 2022 General Municipal Election. DISCUSSION In order to conduct an election, State law and the City Charter require the City Council to adopt a resolution calling for a General Municipal Election (Exhibit 1). The subject resolution establishes November 8, 2022 as the date for the election of the Mayor and Members of Wards 2, 4 and 6 of the City Council. Pursuant to Section 10403 of the California Elections Code, the City Council is required to formally request consolidation of the City’s General Municipal Election with the Statewide and County Election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general elections and authorizes the Board of Supervisors to canvass the election returns. Pursuant to Elections Code 10224, the nomination period will open at 8:00 a.m. on July 18, 2022 and close at 5:00 p.m. on August 12, 2022. If a qualified incumbent does not file, the period is extended for that Council seat to 5:00 p.m. on August 17, 2022 for any candidates other than the incumbent to file. Calling of General Municipal Election June 7, 2022 Page 2 2 7 0 6 Candidates for Mayor and the City Council may choose to have a candidate statement mailed to each voter as part of the Voter Information Pamphlet. The County of Orange Registrar of Voters Office offers a 200-word option and further has the option to print or simply post an electronic copy of the statement on their website. Candidate statements are produced at the candidates’ choice, are not mandated, and the elections code allows the City Council to establish a charge to be levied against candidates in order to recover the cost of printing, handling, and mailing these statements. The Orange County Registrar of Voters estimated costs for the Candidate Statement as follows: Print in voter’s pamphlet and electronic copy of Candidate Statement in Registrar of Voter’s Office website in English, Spanish, Vietnamese, Korean and Chinese: 200 Words $1,800.00 Electronic copy of Candidate Statement in Registrar of Voter’s Office website in English, Spanish, Vietnamese, Korean and Chinese: 200 Words $550.00 While the City Council is currently considering adding ballot measures, those have not yet been approved by the City Council as part of the FY 2022-23 election budget. If the City Council were to approve proposed ballot measures to be submitted to the voters, the cost associated with each ballot measure is below: Ballot Measure (per question) $100,000 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The cost to consolidate the General Municipal Election with the Orange County Registrar of Voters estimated to be $600,000 with up to three ballot measures. Any additional ballot measures will cost $100,000 each. With the approval of FY 2022-23 budget, funds for these administrative costs will be available in the Clerk of the Council; Contractual Services account no. 01107031 62300. EXHIBIT(S) 1. Resolution Calling Election & Consolidating 2. Resolution Establishing Estimated Candidate Statement Cost Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager Resolution 2022-XXX Page 1 of 3 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 8, 2022 TO ELECT CERTAIN MUNICIPAL OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY CONSOLIDATE THE CITY’S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana h ereby finds, determines and declares as follows: A. A general municipal election of the City of Santa Ana will be held on November 8, 2022, for the purposes of electing the Mayor and Councilmembers from Wards 2, 4, and 6. B. There will also be a statewide general election held on November 8, 2022. C. It is desirable that the general municipal election of the City of Santa Ana on November 8, 2022 be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts and polling places be the same and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. D. The Clerk of Council is authorized, instructed, and directed to g ive further notice of the election, in time, form and manner as required by law. Section 2: That pursuant to the requirement of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order consolidation of the November 8, 2022 general municipal election of the City of Santa Ana for the purpose of electing the Mayor and Councilmembers from City Wards 2, 4, and 6 with the statewide general election to be held on the same date. The election will be held and conducted in accordance with the provisions of law regulating the statewide election, specifically Elections Code Section 10418. Section 3: The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said general municipal election pursuant to Section 10411 of the Elections Code of the State of California. Exhibit 1 Resolution 2022-XXX Page 2 of 3 Section 4: The City of Santa Ana recognizes the additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5: The Clerk of Council is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Orange and a certified copy of this Resolution with the Registrar of Voters of the County of Orange. Section 6: This Resolution shall take effect immediately upon its adopting by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of June, 2022. ___________________________ Vicente Sarmiento Mayor APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: __________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution 2022-XXX Page 3 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June 7, 2022. Date: ___________________ ____________________________ Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 1 of 3 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN THE 2022 GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THEIR STATEMENT IN VOTER PAMPHLETS AND/OR ELECTRONIC COPY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 13307(d) of the Elections Code of the State of California authorizes the governing body of any local agency to 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 or electronically distributed. B. Prior to the period in which candidate statements may be filed, the Orange County Registrar of Voters Office estimates the total cost of translating, posting electronic copy on the Registrar of Voters website, printing, handling, and/or mailing the candidates' statements and determines the approximate cost of the pro rata share of each candidate filing a statement based upon such estimate, as follow: Print in voter’s pamphlet and electronic copy of Candidate Statement in Registrar of Voter’s Office website in English, Spanish, Vietnamese, Korean and Chinese: 200 Words $1,800.00 Electronic copy of Candidate Statement in Registrar of Voter’s Office website in English, Spanish, Vietnamese, Korean and Chinese: 200 Words $550.00 The payment in advance by each such candidate of his or her prorated share shall be a condition of having his or her statement included in the voter's pamphlet, and/or electronic posting. Section 2. The City Council hereby approves the process whereby: Exhibit 2 Resolution No. 2022-XXX Page 2 of 3 A. Prior to the period in which candidates' statements may be filed, the Clerk of the Council shall prepare a written notice distributed to all candidates at the time of issuance of the nomination papers, informing them that payment of the pro rata share amount must be made at the same time as the candidate's nomination papers as prescribed by the California Elections Code. B. The Clerk of the Council's receipt for the payment shall include a written notice that 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 candidate s filing statements. Accordingly, the Clerk of the Council shall not be 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 of the Council may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk of the Council shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 3. The Clerk of the Council shall provide each candidate or the candidate's representative a copy of this Resolution at the time when nominating petitions are issued by the Clerk. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of June, 2022. __________________________ Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ____________________________ Laura Rossini Chief Assistant City Attorney Resolution No. 2022-XXX Page 3 of 3 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June 7, 2022. Date: _____________________ Daisy Gomez, Clerk of the Council