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HomeMy WebLinkAboutAGENDA REPORT 2024 0822 CCSA SPC ITEM 05ACITY OF MOORPARK, CALIFORNIA City Council Meeting of August 22, 2024 ACTION Adopted Resolution No. 2024- 4266, Rescinding Resolution No. 2024- 4252. BY B. Garza. A. Consider Resolution Appointing Candidates to the Offices of City Council District 2, City Council District 4, and Mayor and Canceling the General Municipal Election to be Held on Tuesday, November 5, 2024, for the Election of Certain Officers and Rescinding Resolution No. 2024-4252. Staff Recommendation: 1. Consider adoption Resolution No. 2024-____ appointing candidates to the Offices of City Council District 2, City Council District 4, and Mayor and canceling the General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers and rescinding Resolution No. 2024-4252; or 2. Take no action and direct the City Clerk to proceed with the November 5, 2024, General Municipal Election. (Staff: Ky Spangler, City Clerk) Item: 5.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Ky Spangler, City Clerk DATE: 08/22/2024 Special Meeting SUBJECT: Consider Resolution Appointing Candidates to the Offices of City Council District 2, City Council District 4, and Mayor and Canceling the General Municipal Election to be Held on Tuesday, November 5, 2024, for the Election of Certain Officers and Rescinding Resolution No. 2024-4252 SUMMARY On June 19, 2024, the City of Moorpark (City) called and gave notice of the November 5, 2024, General Municipal Election and requested consolidation of the municipal election with the County of Ventura. Upon the close of the nomination period on August 14, 2024, there was only one candidate each for City Council District 2 and District 4, and only one candidate for the office of Mayor. The California Elections Code (Elections Code) Section 10229 (Attachment 1) provides the City Council with options in the event there is only one nominee for each open seat for office. These options are being presented to the City Council for its consideration. DISCUSSION The General Municipal Election is scheduled for November 5, 2024, for the purpose of electing an at-large Mayor and two members of the City Council for Districts 2 and 4. The City adopted Resolution No. 2024-4252 requesting consolidation with the Statewide General Election to be held on the same day and requesting the County Clerk render services for conducting the General Municipal Election. On July 11, 2024, the Ventura County Elections Division published a Notice of Election including offices to be filled in the Ventura County Star in compliance with Elections Code Section 12101. The nomination filing period opened on July 15th and was publicized via a press release, advertised on the City’s homepage and dedicated Elections webpage, and posted on its social media channels. At the close of the nomination period on August 9th, only one candidate had filed papers for each available office. The District 2 incumbent, Item: 5.A. 1 Honorable City Council 08/22/2024 Special Meeting Page 2 Councilmember Groff, did not file papers to seek reelection and therefore the nomination period was extended for that office only to Wednesday, August 14, 2024. At the close of the extended nomination period, no further candidates had file papers to seek election. As of August 14, 2024, the following individuals were nominated, and nomination signatures were qualified by the Ventura County Elections Division: Name Office Term Chris Barrett City Councilmember, District 2 2024-2028 Antonio A. Castro City Councilmember, District 4 2024-2028 Chris R. Enegren Mayor 2024-2026 Elections Code Section 10229(a) requires that, by the 83rd day before the day fixed for a regularly scheduled municipal election, if an incumbent fails to file and the number of persons who have been nominated does not exceed the number of seats to be filled, the city elections official (City Clerk) shall submit a certificate of these facts to the governing body (City Council) and inform the governing body that it may adopt one of the following courses of action: 1. Appoint to the office the persons who have been nominated. 2. Appoint to the office an eligible elector if no one has been nominated. 3. Hold the election, if either no one or only one person has been nominated. The City Council’s decision to appoint the nominees must occur by the 75th day (August 22, 2024) preceding the municipal election; otherwise, if no person has been appointed to the office pursuant to the actions provided above, the municipal election shall be held. If the City Council makes an appointment pursuant to Elections Code Section 10229(a), the person(s) appointed shall qualify and take office and serve exactly as if the elected at a municipal office for election. New or returning members would be sworn in and assume office following the County’s certification of the November 5, 2024, election. Additionally, pursuant to the Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy after the appointments are made. Per state law, in order for write-in votes to officially be counted as part of the canvas of the election, a candidate must receive a nomination petition and obtain 20 signatures of registered voters, either from the candidate’s District or in the case of the Mayor, any eligible voter in the City. Following research into the City’s historical election results, tallies provided by the Elections Division included a line for “write-in” candidates; however, upon careful examination of the City’s existing records, it was confirmed that in Moorpark’s 41-year history, there have been no qualified write-in candidates. The City Clerk has complied with Elections Code Section 10229 by providing the City Council with a Certification of Facts (Exhibit A to Resolution) which was posted at the City’s established posting place and website on August 14, 2024, and publication in a newspaper of general circulation (Ventura County Star) on August 16, 2024. 2 Honorable City Council 08/22/2024 Special Meeting Page 3 Although the City of Moorpark has not previously canceled an election, the action to do so is not unprecedented in both the County or in Southern California. In 2004, the City of Port Hueneme canceled its election. From 2004 to 2014, 28 of Los Angeles County’s 88 cities have canceled elections at least once. This year, the nearby cities of Camarillo, Calabasas and Westlake Village are canceling its elections. A limited list of California cities that have more recently canceled elections is included below: • Colfax, 2024 • Hesperia, 2022 • Lake Elsinore, 2022 • Mill Valley, 2022 • Orange, 2016 • Rancho Palos Verdes, 2020 • San Juan Capistrano, 2022 and 2024 • San Rafael, 2017 • Westlake Village, 2005, 2009 and 2020 • Yucaipa, 2024 As part of consideration of canceling an election, staff investigated whether a conflict of interest may exist with respect to a current member voting upon their own appointment. The California Fair Political Practices Commission (FPPC) is responsible for oversight of the Political Reform Act (the “Act”) and its conflict of interest provisions. In August 2014, the FPPC issued an Advice Letter (Attachment 1) concluding that “when city councilmembers vote on their appointment to office under the provisions of Elections Code Section 10229, they do not have a conflict of interest under the Act.” Based on the provisions of the Elections Code, staff has prepared a draft resolution (Attachment 2) for the City Council’s consideration appointing the three qualified candidate to the positions sought and canceling the November 5, 2024, General Municipal Election. FISCAL IMPACT While the actual cost could be lower or higher dependent on a number of factors, the adopted Fiscal Year 2024/25 Budget includes $32,100 to cover the estimated cost for the County of Ventura to provide election services for the November 5, 2024, General Municipal Election. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. 3 Honorable City Council 08/22/2024 Special Meeting Page 4 COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Consider adoption Resolution No. 2024-____ appointing candidates to the Offices of City Council District 2, City Council District 4, and Mayor and canceling the General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers and rescinding Resolution No. 2024-4252; or 2. Take no action and direct the City Clerk to proceed with the November 5, 2024, General Municipal Election. Attachment 1: Elections Code Section 10229 Attachment 2: FPPC Advice Letter M-14-160 Attachment 3: Draft Resolution 2024-____ 4 Code:Select Code Section:10229 Search DIVISION 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS [10000 - 10735] ( Division 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) PART 2. MUNICIPAL ELECTIONS [10100 - 10312] ( Part 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) CHAPTER 2. Regulations Governing Elections in Cities [10200 - 10266] ( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) 10229. Up^<< Previous Next >>cross-reference chaptered bills PDF | Add To My Favorites Search Phrase: Highlight ELECTIONS CODE - ELEC ARTICLE 2. Nomination of Candidates [10220 - 10230] ( Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2. ) (a) If, by the 88th day, during normal business hours as posted, prior to the day fixed for a regularly scheduled municipal election or the 83rd day before the election, during normal business hours as posted, if an incumbent fails to file pursuant to Section 10225, (i) no one or only one person has been nominated for any office that is elected on a citywide basis, or (ii) no one or only one person is nominated to be elected from or by a legislative district, or (iii) in the case of any office or offices to be elected at large, the number of persons who have been nominated for those offices does not exceed the number to be filled at that election; or, if, by the 88th day, during normal business hours as posted, before a municipal election to fill any vacancy in office, no one or only one person has been nominated for any elective office to be filled at that election, and the election is subject to Section 36512 of the Government Code, the city elections official shall submit a certificate of these facts to the governing body of the city and inform the governing body of the city that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action: (1)Appoint to the office the person who has been nominated. (2)Appoint to the office an eligible elector if no one has been nominated. (3)Hold the election, if either no one or only one person has been nominated. The city elections official shall publish a notice of the facts described in this section and the courses of action available under this subdivision. Publication shall be made pursuant to Section 6061 of the Government Code in any newspaper of general circulation as designated by the city elections official. After the fifth day following the date of posting or publication, the governing body of the city may make the appointment or direct an election to be held in the affected territory. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. Notwithstanding Section 10403, if, by the 75th day before the municipal election, no person has been appointed to office pursuant to paragraph (1) or (2), the election shall be held. (b)Subdivision (a) shall not apply if, at the regularly scheduled municipal election, more than one person has been nominated to another city office to be elected on a citywide basis or a city measure has qualified and is to be submitted to the voters at that municipal election. (c)Notwithstanding Chapter 1 (commencing with Section 8600) of Part 3 of Division 8, or any other provision of the law to the contrary, if the governing body of a city makes an appointment pursuant to subdivision (a), the elections official shall not accept for filing any statement of write-in candidacy that is submitted after the appointment is made. (d)Nothing in this section shall be construed to prevent a city from enacting an ordinance pursuant to Section 36512 of the Government Code, requiring that a special election be held, or from enacting an ordinance pursuant to Section 36512 of the Government Code, providing that a person appointed to fill a vacancy on the city council shall Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ATTACHMENT 1 5 hold office only until the date of the special election, or both. Any ordinance or ordinances may allow for appointment consistent with subdivision (a) without requiring or providing for a special election. If an appointment to office is made in a particular legislative district pursuant to subdivision (a), that appointment shall not affect the conduct of the municipal election in other legislative districts of the city. (Amended by Stats. 2009, Ch. 549, Sec. 3. (AB 1574) Effective January 1, 2010.) 6 SCOTT HALLABRIN, CA FPPC Adv. M-14-160 (2014) © 2024 Thomson Reuters. No claim to original U.S. Government Works.1 CA FPPC Adv. M-14-160 (Cal.Fair.Pol.Prac.Com.), 2014 WL 5797816 California Fair Political Practices Commission SCOTT HALLABRIN Advice File No. M-14-160 August 29, 2014 *1 Scott Hallabrin Commission Counsel Subject: Conflict of Interest Under the Act and Elections Code Section 10229 We have recently received several e-mail and telephone questions from cities asking whether the Political Reform Act's (the “Act”)1 conflict of interest provisions under Section 87100 apply to votes made by city councilmembers pursuant to Elections Code Section 10229. In each of these cities, there are some city council positions open for election for which only the incumbent city council member has filed for re-election. In the alternative, there may be several at-large city council positions open for election, the number of candidates who have filed for election does not exceed the number of at-large positions open, and the group that has filed includes one or more incumbent city councilmembers. Presumably to offer the option of avoiding the cost of holding an election, Elections Code Section 10229 addresses this situation in general law cities and applicable charter cities (see Elections Code Section 330) by permitting the city council to select from three options: (1) Appoint to office the candidate or candidates who have filed; (2) Appoint to office any eligible elector if there are no candidates; or (3) Hold the election, if there is only one candidate or no candidates. (Elections Code Section 10229(a).) This situation presents a conflict of interest issue for city councilmembers under the Act's “personal financial effect” rule, since they are voting to appoint themselves to the next term of office. (See Section 87103(a) and Regulation 18705.5(b).) Also, because the city council has the option to still schedule an election in some cases, Election Code Section 10229's requirements do not cleanly fit under the exception that permits officials to vote to appoint themselves to other offices under Regulation 18705.5(c). Despite the provisions of Section 87103(a) and Regulation 18705.5, we nevertheless conclude that when city councilmembers vote on their appointment to office under the provisions of Elections Code Section 10229 they do not have a conflict of interest under the Act. Elections Code Section 10229 clearly permits the city councilmembers to vote on their own appointment to office and offers a practical approach to avoid the cost of holding an election when the councilmember has no opponent in the election. As such, actions taken under Elections Code Section 10229 do not conflict with the Act's conflict of interest provisions. Footnotes 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. ATTACHMENT 2 7 SCOTT HALLABRIN, CA FPPC Adv. M-14-160 (2014) © 2024 Thomson Reuters. No claim to original U.S. Government Works.2 CA FPPC Adv. M-14-160 (Cal.Fair.Pol.Prac.Com.), 2014 WL 5797816 End of Document © 2024 Thomson Reuters. No claim to original U.S. Government Works. 8 ATTACHMENT 3 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPOINTING CHRIS BARRETT (CITY COUNCILMEMBER, DISTRICT 2), ANTONIO A. CASTRO (CITY COUNCILMEMBER, DISTRICT 4) TO THE OFFICE OF CITY COUNCILMEMBER FOR THEIR RESPECTIVE COUNCIL DISTRICTS, AND CHRIS R. ENEGREN TO THE OFFICE OF MAYOR AND CANCELING THE ELECTION THAT WOULD OTHERWISE BE HELD FOR THESE OFFICES FOR THE NOVEMBER 5, 2024, CONSOLIDATED GENERAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10229, AND RESCINDING RESOLUTION NO. 2024-4252 WHEREAS, on June 19, 2024, the City Council adopted Resolution No. 2024-4252 calling and giving notice of the holding of the General Municipal Election to be held on Tuesday, November 5, 2024, to elect two (2) City Councilmembers, one each to District 2 and District 4, and one (1) Mayor; and WHEREAS on June 19, 2024, the City Council adopted Resolution No. 2024-4253 requesting election services from the County of Ventura to conduct the General Municipal Election to be held on November 5, 2024; and WHEREAS on July 11, 2024, a Notice of Election including offices to be filled was published in the Ventura County Star pursuant to Elections Code Section 12101; and WHEREAS, a nomination period was opened and closed in accordance with the Elections Code; and WHEREAS, at of the close of the extended nomination period on August 14, 2024, there are not more candidates than offices to be elected at the November 5, 2024, General Municipal Election; and WHEREAS, on August 14, 2024, the City Clerk submitted a written certification, attached hereto as Exhibit A, to the City Council providing there are not more candidates nominated for the office of City Councilmember in District 2 and District 4 or the office of Mayor than seats to be filled at the General Municipal Election; and WHEREAS, pursuant to California Elections Code Section 10229, the City Council is authorized to take one of the following courses of action when the number of candidates nominated does not exceed the number of offices to be filled at a General Municipal Election: 1. Appoint to the office the persons who have been nominated. 2. Appoint to the office an eligible elector if no one has been nominated 3. Hold the election, if either no one or only one person has been nominated; and 9 Resolution No. 2024-____ Page 2 WHEREAS, a notice of the foregoing facts was posted on August 14, 2024, at Moorpark City Hall, and published on August 16, 2024, in the Ventura County Star, a newspaper of general circulation in the City of Moorpark. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark finds and declares the foregoing recitals are true and correct. SECTION 2. Pursuant to California Elections Code Section 10229(a)(1) the following persons, being the only candidates for the offices for which they were nominated, are hereby appointed to those offices as follows: Name Office Term Chris Barrett City Councilmember, District 2 2024-2028 Antonio A. Castro City Councilmember, District 4 2024-2028 Chris R. Enegren Mayor 2024-2026 SECTION 3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office. SECTION 4. Pursuant to California Elections Code Section 10229(c) the City Clerk shall not accept for filing and statement of write-in candidacy for the office of City Councilmember or office of Mayor which may be submitted for the General Municipal Election. SECTION 5. The City of Moorpark General Municipal Election scheduled to be held on Tuesday, November 5, 2024, is hereby canceled, Resolution No. 2024-4252 is hereby rescinded, and the City Clerk is directed to take all necessary steps to effectuate said cancellation. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 22nd day of August, 2024. ________________________________ Chris R. Enegren, Mayor _____________________________ Ky Spangler, City Clerk Exhibit A – Certificate of Statement of Facts pertaining to the November 5, 2024, General Municipal Election 10 CITY OF MOORPARK 799 Moorpark Ave nu e, Moorpark, California 93021 Main C it y Phone Numb er (805) 517-6200 I Fa x (805) 532 -22 05 I moo rpar k@mo orparkca .gov CITY OF MOORPARK CITY CLERK CERTIFICATION STATEMENT OF FACTS: NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE FILLED NOTICE IS HEREBY GIVEN pursuant to Section 10229 of the California Elections Code that the City of Moorpark has a General Municipal Elect ion scheduled for the California General Election to be held on Tuesday, November 5, 2024. At that Election, candidates for City Council District Seats 2 and 4 and the City's elected Mayor are to be elected . As of Monday, August 12, 2024, there were no more candidates than offices to be filled for the office of City Councilmember for District 2 and District 4, and for the Office of Mayor. The persons who have been nominated are: 1. Chris Barrett, District 2 2. Antonio Castro , District 4 3. Chris Enegren, Mayor If by the close of business on Wednesday, August 14 , 2024, no other persons are nominated for the three elected positions listed above, then Elections Code Section 10229 allows the Moorpark City Council to take one of the following actions : 1. Appoint to the office the person(s) who has/have been nominated; 2. Appoint to the office any eligible voter if no one has been nominated (not applicable); or 3. Hold the election if either no one or only one person has been nominated. If no other persons are nominated by Wednesday, August 14, 2024 , the City Council will hold a special meeting on Thursday, August 22, 2024, at a time to be determined , or at another date and time to be determined, to either make the appointments or to direct an election to be held. The persons appointed , if any , shall qualify and take office and serve exactly as if elected at the General Municipal Election. If, by the 75th day before the General Municipal Election, no person has been appointed to the offices , the Election shall be held as scheduled. If the City Council makes an appointment pursuant to Section 10229 of the Elections Code, the City Clerk shall not accept for filing any statement of write-in cand idacy which is submitted after the appointment is made. I, Ky Spangler, City Clerk of the City of Moorpark, do hereby certify pursuant to Section 10229 of the Elections Code of the State of California, the above stated facts . Date posted : August 14 , 2024 Published : August 16 , 2024 EXHIBIT AResolution No. 2024-____ Page 3 11