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HomeMy WebLinkAboutAgenda Report - May 4, 2022 C-10 ERCITY OF 0 t CALIFORNIA AGENDA ITEM jCdMIJ) COUNCIL COMMUNICATION AGENDA TITLE: Adopt the Following Resolutions Pertaining to the November 8, 2022, General Municipal Election: (a) Resolution Calling and Giving Notice of the General Municipal Election; (b) Resolution Requesting the San Joaquin County Board of Supervisors to Render Specified Services for the Conduct of a General Municipal Election; (c) Resolution Setting Forth the Council's Policy Regarding Impartial Analysis, Arguments, and Rebuttal Arguments for Any Measure(s) that May Qualify to be Placed on the Ballot; and (d) Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates' Statements Submitted to the Voters at the General Municipal Election MEETING DATE: May 4, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION Adopt resolutions pertaining to the November 8, 2022, General Municipal Election with respect to calling and noticing the election, consolidating the election with the County, setting forth the policy for any measures, and adopting regulations for candidates' statements, as required by the California Elections Code. BACKGROUND INFORMATION: The 2022 General Municipal Election for three City Council seats (one each for Districts 1, 2, and 3) will be held on Tuesday, November 8, 2022. The current terms of Council Member Nakanishi (District 1), Mayor Chandler (District 2), and Council Member Kuehne (District 3) are expiring. It is necessary for the City Council to adopt a resolution calling and giving notice of the holding of a General Municipal Election in the City of Lodi on November 8, 2022. On October 19, 1988, the City Council adopted Ordinance No. 1438 consolidating municipal elections with statewide general elections. The ordinance was approved by the San Joaquin Board of Supervisors on February 7, 1989. It is also necessary for the City to enter into an agreement with San Joaquin County to provide certain services for the conduct of the November 8, 2022, General Municipal Election. The City will reimburse the County for these services when the work is completed and upon presentation of a properly audited invoice to the City. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager The Elections Code states that when a City measure qualifies for a place on the ballot, the governing body may direct the elections official to transmit a copy of the measure to the City Attorney for preparation of an impartial analysis. The Elections Code further sets forth the process for receiving arguments for and against the measure(s) and for the submittal of rebuttal arguments. The Elections Code allows each candidate, for a non-partisan elective office in a city, to prepare a statement to be included with the sample ballot and mailed to each registered voter. Candidate statements are designed to acquaint voters with a candidate's qualifications for the office they are seeking. The law requires the Council to adopt a policy no later than seven days before the nomination period opens regarding the candidates' statements and obligations for payment. Elections Code §13307 allows the City to estimate the total cost of printing, handling, translating, and mailing the candidates' statements and requires each candidate filing a statement to pay in advance to the City his or her pro rata share, as estimated through the County Registrar of Voters, as a condition of having his or her statement included in the voters' pamphlet. As is customary for previous elections, it is recommended that the City Council authorize charging the candidates for the actual costs associated with candidate statements. It is also recommended that the City Council approve the 200 - word limitation for candidate statements. The Elections Code includes provisions for performing election -related tasks during regular business hours, as posted, and extending the deadline to the next regular business day if necessary. The City is on a 9/80 schedule. The relevant schedule is attached and will be posted as part of the election notices. Olivia Nashed City Clerk Attachments City of Lodi Calendar 2022 July to December July 2022 August 2022 September 2022 Sun Mon Tue mmmm Wed Thu Fri Sat M E WEEMM 8 1 2 3 mmmmmmm 5 6 7 8 IMMEEM 10 11 12 E MEMME 15 16 17 18 .MW 20 21 � October 2022 Sun Mon Tue Wed 1 2 13 Thu 4 Fri Sat 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 129 30 131 Sun Mon Tue Wed 1 2 13 Thu 4 Fri Sat 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 123 24 25 26 27 28 29 30T 27 28 29 30 November 2022 Sun Mon Tue 1 Wed 2 Thu 3 Fri 17-7 Sat 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 28 29 26 27 28 29 30 Friday Closure Holiday Closure Sun Mon Tue Wed Thu 1 Fri 2 I Sat 3 L4JJ6: 7 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .26 27 28 29 30 December 2022 Sun Mon Tue Wed Thu 1 Fri 2 Sat 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M 27 128 29 30 31 The City of Lodi will be closed every other Friday. Hours: Monday -Thursday 7:30 a.m. to 5:30 p.m., Every Other Friday 8:00 a.m. to 5:00 p.m. RESOLUTION NO. 2022-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY 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 Tuesday, November 8, 2022, for the election of municipal officers in Districts 1, 2, and 3. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That, pursuant to the requirements of the laws of the State of California relating to General Law Cities within said State, there is called and ordered to be held in the City of Lodi, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing the qualified three (3) members of the City Council (one each from Districts 1, 2, and 3) of said City 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 of the City of Lodi is authorized, instructed, and directed to coordinate with the County of San Joaquin 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 polls 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 §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. Dated: May 4, 2022 1 hereby certify that Resolution No. 2022-113 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 4, 2022, by the following vote: AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN COUNCIL MEMBERS — None ��.�, � ♦moi �. PAMELA M. FARRIS Assistant City Clerk 2022-113 RESOLUTION NO. 2022-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN JOAQUIN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022, 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 Lodi called a General Municipal Election to be held on November 8, 2022, for the purpose of election of three (3) members of the City Council (one each from Districts 1, 2, and 3); 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, and elections officers of the two elections be the same, and that the county election department of the County of San Joaquin canvass the returns of the General Municipal Election and that the election be held in all respects as if it were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That, pursuant to the provisions of §10403 of the Elections Code, the San Joaquin County Board of Supervisors is hereby requested to consent and agree to the consolidation of a General Municipal Election with a Statewide General Election on Tuesday, November 8, 2022, for the purpose of election of three (3) Members of the City Council (one each from Districts 1, 2, and 3). SECTION 2. That the County election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if it were only one election, and only one form of the ballot shall be used. The election will be held and conducted in accordance with the provisions of the laws regulating the statewide or special election. SECTION 3. That the Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Lodi recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs upon presentation to the City of a properly approved invoice. SECTION 5. That the City Clerk is directed to forward without delay to the Board of Supervisors and the County Registrar of Voters' offices a certified copy of this resolution. 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. Dated: May 4, 2022 I hereby certify that Resolution No. 2022-114 was passed and adopted by the Lodi City Council in a regular meeting held May 4, 2022, by the following vote: AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Assistant City Clerk 2022-114 RESOLUTION NO. 2022-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, SETTING FORTH THE COUNCIL'S POLICY REGARDING IMPARTIAL ANALYSES, ARGUMENTS, AND REBUTTAL ARGUMENTS FOR ANY MEASURE(S) THAT MAY QUALIFY TO BE PLACED ON THE BALLOT FOR THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION WHEREAS, the State of California Elections Code sets forth that whenever any City measure(s) qualifies for a place on the ballot, the governing body may direct the City Elections Official to transmit a copy of the measure(s) to the City Attorney for preparation of an impartial analysis. The Elections Code further sets forth the process for receiving arguments for and against the measure(s) and for the submittal of rebuttal arguments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does hereby set forth the following as it pertains to any measure(s) that may qualify to be placed on the ballot for the November 8, 2022, General Municipal Election: SECTION 1. The City Council of the City of Lodi does hereby direct the City Clerk to transmit a copy of any measure(s) that would qualify to be voted upon at the November 8, 2022, General Municipal Election to the City Attorney to prepare an impartial analysis of the measure(s) not exceeding 500 words, showing the effect of the measure(s) on the existing law and the operation of the measure(s). SECTION 2. The City Council of the City of Lodi does hereby determine that written argument for or against any city measure may be submitted pursuant to the Elections Code of the State of California. No argument shall exceed 300 words in length. SECTION 3. The City Council of the City of Lodi does hereby determine that rebuttal arguments may be submitted pursuant to the Elections Code of the State of California. Rebuttal arguments shall not exceed 250 words in length. Dated: May 4, 2022 I hereby certify that Resolution No. 2022-115 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 4, 2022, by the following vote: AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Assistant City Clerk 2022-115 RESOLUTION NO. 2022-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, 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, adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES HEREBY 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 Lodi on November 8, 2022, 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 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, candidates' statements will be translated into all languages required by the County of San Joaquin. The County is required to translate candidates' statements into Spanish. B. The County will print and mail voter information guides and candidates statements to all voters in English and Spanish. The County will make the voter information guides and candidates statements in the required languages available at all polling places, on the County's website, and in the Election Official's office. SECTION 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and/or State law. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in (A) and (B) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate. B. Printing and mailing: 1. The candidate shall be required to pay for the cost of printing and mailing the candidate's statement in English in the voters' pamphlet. 2. The candidate shall be required to pay for the cost of printing and mailing the candidate's statement in a foreign language required in (A) of Section 2 above in the voters' pamphlet. 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 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 voters' pamphlet. In the event the estimated payment is required, 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 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide. SECTION 5. 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 6. That this resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed. 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. Dated: May 4, 2022 1 hereby certify that Resolution No. 2022-116 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 4, 2022, by the following vote: AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None -74;�Y72-LY2A4yo PAMELA M. FARRIS Assistant City Clerk 2022-116