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HomeMy WebLinkAbout5.13 General Municipal Election – November 5, 2024r DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: .Line 25, 2024 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT: General Municipal Election - November 5, 2024 Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: Agenda Item 5.13 The City Council will consider requesting the Alameda County Board of Supervisors consolidate the City of Dublin Municipal Election with the Statewide General Election. The City Councilmembers will determine whether the statement of qualifications each candidate is allowed to place in the sample ballot should be a maximum of 200 or 400 words and whether the City or each candidate should pay the costs associated with printing their candidate statement. STAFF RECOMMENDATION: Take the following actions: 1) adopt the Resolution Calling for a General Municipal Election To Be Held in the City of Dublin on November 5, 2024, Requesting the Alameda County Board of Supervisors Consolidate the City of Dublin General Municipal Election With the Statewide General Election, Authorize Certain Procedural Matters, and Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statement and the Costs Thereof; and 2) affirm Resolution No. 85-10 Encouraging Candidates to Use the Code of Fair Campaign Practices. FINANCIAL IMPACT: Sufficient funds to pay for the election have been budgeted in the Fiscal Year 2024-25 Election Budget. DESCRIPTION: The City Council adopted Ordinance 11-84 to change the date of the City's general municipal elections from the second Tuesday in April of even numbered years to the first Tuesday after the first Monday in November in even numbered years to consolidate election cycles with the statewide general election cycle. On August 19, 1986, the Alameda County Board of Supervisors approved the City's consolidation Page 1 of 3 1 with the statewide general election held in November of each even -numbered year. The City Council is required to adopt a resolution calling and ordering a general municipal election to be held in the City of Dublin on Tuesday, November 5, 2024. Offices to be voted on are one Mayor, one Councilmember - District 1, and one Councilmember - District 3. The Mayor serves a two-year term, and Councilmembers serve four-year terms. The first day candidates may take out and file nomination papers will be Monday, July 15, 2024. The last day to file the nomination papers will be Friday, August 9, 2024. If an incumbent, eligible to run, does not file papers, the nomination period for that particular seat will be extended for five calendar days, or until August 14, 2024. The City Council may determine whether the statement of qualifications which each candidate can place in the sample ballot should be a maximum of 200 or 400 words. Staff recommends that the City Council adhere to past practices and allow a maximum of 200 words. The Alameda County Registrar of Voters also recommends a 200-word maximum in order to maintain uniformity. The City Council may also determine whether the City or each candidate should pay for the costs associated with typesetting and printing the candidate statements. Based on the last three elections, the average cost to a candidate for publishing his or her statement of qualifications was $564, with 2022 being an outlier of an amount above the $500 deposit. The population -based required translation of candidate statements shall include Spanish, Chinese, Tagalog, and Vietnamese. Therefore, Staff is recommending a deposit of $500 be paid in advance by each candidate to cover publishing costs, based on a 200-word statement, and additional language translation costs. Any difference would either be refunded to the candidate or recovered after the election. The draft resolution (Attachment 1) calls for the City to decide a tie vote by lot by placing the name of each candidate involved in the tie in an unmarked, sealed envelope, drawing the envelope, and reading the name of the winning candidate. In previous years, the City Council did not define lot in the resolution. Staff recommends the City Council define the form of lot to be used in the case of a tie vote, and after looking at methods by other agencies, Staff recommends the use of unmarked, sealed envelopes. Staff will issue materials to candidates in electronic format, with a folder of select documents in hard copy, during a scheduled appointment with the City Clerk during the nomination period. The materials will include information such as: • Date of, timeline for, and offices up for election • Nomination Form and information regarding circulating the Nomination Form • Candidate Statement information and estimated cost(s) • Fair Political Practices Commission (FPPC) Campaign Disclosure Information Forms and Due Dates • City of Dublin Campaign Contribution Limitations and Forms • Code of Fair Campaign Practices Page 2 of 3 2 • Ballot Designation Worksheet Staff scheduled a pre -candidate informational meeting on June 13, 2024, for Dublin residents interested in becoming a candidate. The presentation provided the items outlined above, general information about the City, and any issue(s) identified by the City Manager. As part of the Candidate Binder, potential candidates are provided with a copy of the Code of Fair Campaign Practices. The California State Legislature established the Code of Fair Campaign Practices (Division 20, Chapter 5, Elections Code) to give the voters guidelines in determining fair play and to encourage candidates to discuss issues fairly and openly. State law requires that the Code be given to candidates, but it is optional as to whether a candidate must sign and return as part of his/her nomination papers. In 2010, the City Council adopted Resolution No. 85-10 encouraging candidates to abide by the Code of Fair Campaign practice and is now being asked to affirm the resolution. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Calling for a General Municipal Election To Be Held in the City of Dublin on November 5, 2024, Requesting the Alameda County Board of Supervisors Consolidate the City of Dublin General Municipal Election With the Statewide General Election, Authorize Certain Procedural Matters, and Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statement and the Costs Thereof 2) Code of Fair Campaign Practices 3) Resolution No. 85-10 Encouraging Candidates to Use the Code of Fair Campaign Practices Page 3 of 3 3 Attachment I RESOLUTION NO. XX - 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON NOVEMBER 5, 2024, REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS CONSOLIDATE THE CITY OF DUBLIN GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION, AUTHORIZE CERTAIN PROCEDURAL MATTERS, AND ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENT AND THE COSTS THEREOF WHEREAS, a General Municipal Election to be consolidated with the Statewide General Election is to be held on Tuesday, November 5, 2024, in and for the City of Dublin; and WHEREAS, certain actions are required in connection with said election; and WHEREAS, Section 13307 of the Elections Code of the State of California specifies that the local agency for that election shall determine whether a charge shall be levied against the candidate for the Candidate's Statement and whether or not the limitation on words for such statement shall be increased from 200 to 400 words; and WHEREAS, Section 13307 of the Elections Code of the State of California further provides that a written statement of the regulations with respect to charges for handling, packaging and mailing shall be provided to each candidate or his/her representative at the time the nomination papers are received. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that the General Municipal Election to be held in the City of Dublin on November 5, 2024, is hereby called. BE IT FURTHER RESOLVED as follows: 1. The Alameda County Board of Supervisors is requested to consolidate the City of Dublin Municipal Election with the Statewide General Election. 2. That within the City the precincts and polling places (vote centers), and their hours of the two elections be the same. 3. The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk, including the canvass of returns of the General Municipal Election. 4. The City of Dublin shall pay to the Board of Supervisors of Alameda County its pro-rata share of the expenses for said election as jointly determined by the City of Dublin and the Board of Supervisors of Alameda County in accordance with the provisions of the Elections Code of the State of California. 5. The offices to be voted upon shall be: One Mayor One Councilmember — District 1 One Councilmember — District 3 Terms of office shall be: Reso. No. XX-24, Item 5.13, Adopted 06/25/2024 Page 1 of 3 4 Mayor — 2 years One Councilmember — District 1 — 4 years One Councilmember — District 3 — 4 years 6. The City Clerk is hereby directed to cause the posting, publication and printing of all notices or other election materials pursuant to the requirements of the Government Code and Elections Code of the State of California. 7. The City Clerk is hereby directed to obtain printing, supplies and services as required. 8. The City Clerk is hereby authorized to provide such other services and supplies in connection with said election as may be required by the statutes of the State of California. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby adopt the following regulations pertaining to the General Municipal Election to be held in the City of Dublin on November 5, 2024: Section 1. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Dublin on November 5, 2024, 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. Such statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Such 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. Spanish, Chinese, Tagalog, and Vietnamese Language. In compliance with 1992 amendments to the Federal Voting Rights Act of 1965 (Public Law 54-73, August 6, 1975), as applied to Alameda County, a Spanish, a Chinese, a Tagalog, and a Vietnamese translation of the candidate's statement shall be made available to anyone requesting the translations. Section 3. Payment. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statement filed pursuant to the Elections Code, and require each candidate filing a statement to pay in advance his/her prorated share as a condition of having his/her statement included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. Section 4. In accordance with Election Code provisions, a tie vote shall be determined by lot. Candidates who received an equal number of votes would appear before the City Clerk at a time and place designated by the City Clerk. Each candidate's name would be placed in an unmarked, sealed envelope, and the City Clerk would draw an envelope and read the name of the winning candidate. Section 5. The City Clerk shall provide each candidate or the candidate's representative with a copy of this Resolution at the time nomination petitions are issued. Reso. No. XX-24, Item 5.13, Adopted 06/25/2024 Page 2 of 3 5 PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-24, Item 5.13, Adopted 06/25/2024 Page 3 of 3 6 City of Dublin Election Date: November 5, 2024 °AC Attachment 2 Required to be given to candidate. Optional to be signed and returned. CODE OF FAIR CAMPAIGN PRACTICES (Division 20, Chapter 5, Elections Code.) Chapter 5. Fair Campaign Practices Article 1. General Intent 20400. The Legislature declares that the purpose of this chapter is to encourage every candidate for public office in this state to subscribe to the Code of Fair Campaign Practices. It is the ultimate intent of the Legislature that every candidate for public office in this state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices which tend to prevent the full and free expression of the will of the voters. The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage candidates to discuss issues instead of untruths or distortions. Article 2. Definitions 20420. As used in this Chapter, "Code" means the Code of Fair Campaign Practices. Article 3. Code of Fair Campaign Practices (summary) 20440. At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give the individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary. In the case of a committee making an independent expenditure, as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this chapter to the individual filing, in accordance with Title 9 (commencing with Section 81000) of the Government Code, an initial campaign statement on behalf of the committee. The text of the Code shall read, as follows: (See "CODE OF FAIR CAMPAIGN PRACTICES" on reverse side). 20442. The elections official shall accept, at all times prior to the election, all completed forms that are properly subscribed to by a candidate for public office and shall retain them for public inspection until 30 days after the election. 20443. Every code subscribed to by a candidate for public office pursuant to this chapter is a public record open for public inspection. 20444. In no event shall a candidate for public office be required to subscribe to or endorse the code. CFCP 2008 / Rev. 2006 MCADirect LLC. 7 City of Dublin PAGE 6 Election Date: November 5, 2024 Optional to be signed and returned. Required to be given to candidate. CODE OF FAIR CAMPAIGN PRACTICES There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues. THEREFORE: (1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties that merit this criticism. (2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life. (3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate's actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code. (4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections, or that hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting. (5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees. (6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections. (7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process. I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices. Signature Printed Name November 5, 2024 Date of Election Date CFCP 2008 / Rev. 2006 MCADirect LLC. 8 Attachment 3 RESOLUTION NO. 85 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * ENCOURAGING CANDIDATES TO USE THE CODE OF FAIR CAMPAIGN PRACTICES WHEREAS, it is desired by the Dublin City Council that candidates for the office of Dublin City Council ascribe to a code of ethics in conducting their campaigns; and WHEREAS, existing State law provides a form of such a code (CA Elections Code §20400) and the City's Election Officer (City Clerk) is required to distribute the form of the code to each person at the time he/she is issued papers evidencing an intention to be a candidate for City Council; and WHEREAS, the existing, State form of a Code of Ethics suggests the principles to which candidates for City Office should ascribe. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE THAT: 1. All persons intending to run for the office of City Council are encouraged to review and execute the Code of Fair Campaign Practices as codified in California Elections Code §20440, as set forth in Exhibit A attached hereto. PASSED, APPROVED AND ADOPTED this 1st day of June, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTE : City Clerk Reso No. 85-10, Adopted 6-1-10, Item 8.2 Page 1 of 1 9 Required to be given to candidate Optional to be signed and returned t CODE OF FAIR CAMPAIGN PRACTICES (Division 20, Chapter 5, Elections Code.) Chapter 5. Fair Campaign Practices Article 1. General Intent 20400. The Legislature hereby declares that the purpose of this chapter is to encourage every candidate for public office in this state to subscribe to the Code of Fair Campaign Practices. It is the ultimate intent of the Legislature that every candidate for public office in this state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices which tend to prevent the full and free expression of the will of the voters. The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage candidates to discuss issues instead of untruths or distortions. Article 2. Definitions 20420. As used in this Chapter, "Code" means the Code of Fair Campaign Practices. Article 3. Code of Fair Campaign Practices 20440. At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give the individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary. in the case of a committee making an independent expenditure, as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this chapter to the individual filing, in accordance with Title 9 (commencing with § 81000) of the Government Code, an initial campaign statement on behalf of the committee. The text of the Code shall read, as follows: (See "CODE OF FAIR CAMPAIGN PRACTICES" on reverse side). 20442. The elections official shall accept, at all times prior to the election, all completed forms which are properly subscribed to by a candidate for public office and shall retain them for public inspection until 30 days after the election. 20443. Every code subscribed to by a candidate for public office pursuant to this chapter is a public record open for public inspection. 20444. In no event shall a candidate for public office be required to subscribe to or endorse the code. O: FORMSWomination Oocumants1Code of Fair Campaign Pracdces.doc 20CS / Revised 2608 ATTACHMENT 3 10 Required to be given to candidate Optional to be signed and returned` t.7 CODE OF FAIR CAMPAIGN PRACTICES There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues. THEREFORE: (1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties that merit this criticism. (2) t SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life. (3) 1 SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate's actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code. (4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections, or that hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting. (5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees. (6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that 1 condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections. (7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process. I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices. Signature Printed Name Date of Election Date O:1'ORMSNomination Documents\Code of Fair Campaign Practices.doc 2008 /Revised 2006 MC Elections 11