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HomeMy WebLinkAbout08.a. Resolution calling for November 4, 2014 election and requesting consolidation etc.Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 5, 2014 Subject. ADOPT A RESOLUTION CALLING FOR A NOVEMBER 4, 2014 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS Submitted By. Initiating Dept /Div.: Elaine R. Boehme Administration / Secretary of the District Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Kent Alm Roger S. Bailey Counsel for the Distri General Manager ISSUE: A resolution calling for the election, requesting consolidation of the election with the statewide election, and setting forth requirements for Candidate Statements must be filed with the Elections Department and the County Board of Supervisors by July 2, 2014. RECOMMENDATION: Adopt a resolution calling for the November 4, 2014 election for the election of two Board Members for four -year terms, requesting consolidation of the election with the statewide election, setting forth requirements for Candidate Statements, and directing the Secretary of the District to file the resolution with the Elections Department and County Board of Supervisors. FINANCIAL IMPACTS: The estimated cost for the 2014 election submitted by the Elections Department is $1.25 per registered voter. The estimated number of registered voters in the District as of November, 2014 will be 219,396 which amounts to a cost of approximately $274,245, if an election is conducted. There will be additional charges for processing and publication of the Notice of Election and Candidate Statements (Attachment 1). With regard to the cost of Candidate Statements, for the 2014 election, the County estimates that each Candidate Statement will cost approximately $2,562.50. If the Board adopts the same regulations as in prior years where the candidate pays the first $500 and the District pays the balance, the District's share would be $2,062.50 per statement. If only the two incumbents run, no election is necessary and the incumbents are appointed in lieu of election and the cost is minimal. ALTERNATIVES /CONSIDERATIONS: Statutory provisions (Elections Code Section 10402.5) effectively require the District to consolidate its election when it is held on a statewide election date. District regulations for the payment and size of candidate Page 1 of 3 POSITION PAPER Board Meeting Date: June 5, 2014 Subject: ADOPT A RESOLUTION CALLING FOR A NOVEMBER 4, 2014 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS statements may be modified or reaffirmed, in accordance with Elections Code Section 13307. BACKGROUND: A District election will be held on November 4, 2014 for the election of two Board Members. The terms of office for Board Members Michael McGill and David Williams end in December, 2014. Election Consolidation Elections Code Section 10402.5 provides that Special Districts shall request that election of their Board Members be held on the same day as a statewide general election. To accomplish that, the Board must adopt a resolution requesting such consolidation and file it with the Board of Supervisors and the County Elections Department. The resolution also calls for the election to be held on November 4, 2014 and establishes requirements for Candidate Statements. Candidate Statements The Board of Directors must reaffirm or modify the District's regulations regarding the word limit, payment of costs, and payment of a deposit for Candidate Statements. In 1996, due to prohibitively high costs compared to other agencies, the Board voted to have the District share in the cost of publication of Candidate Statements. For the 2012 election, the Board re- adopted regulations requiring that candidates pay $500 towards the cost of publication of their Statement at the time of filing their nomination papers, that the balance be paid by the District after the election costs were deter- mined, and that the Statement be limited to 300 words. The County has recently reformatted its election booklet and has notified the District that Candidate Statements cannot exceed 250 words. A survey of other agencies is attached (Attachment 2). Nomination Period The four -week candidate nomination period begins on Monday, July 14, 2014 and ends on Friday, August 8, 2014. If an incumbent does not file, the nomination period is extended 5 calendar days, ending at 5 p.m. on Wednesday, August 13, 2014 for non - incumbents only. A draft resolution is attached for Board consideration (Attachment 3). A certified copy of the final resolution will be delivered to the Contra Costa County Board of Supervisors and the Elections Department. Page 2 of 3 POSITION PAPER Board Meeting Date: June 5, 2014 subject: ADOPT A RESOLUTION CALLING FOR A NOVEMBER 4, 2014 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS RECOMMENDED BOARD ACTION: Adopt a resolution calling for the November 4, 2014 election, requesting consolidation of the election with the statewide election, setting forth requirements for Candidate Statements (word count and cost sharing); and directing the Secretary of the District to file the resolution with the Elections Department and County Board of Supervisors. Attached Supportinq Documents: 1. Historical Election Data 2. Agency Survey on Candidate Statements 3. Draft Resolution Page 3 of 3 ATTACHMENT 1 HISTORICAL ELECTION DATA *incumbent 2014 - estimate Registered Who Ran Ballots Cast Turnout Election Cost Candidate Statements Voters $274,245 (estimate) $2,563 each (estimate) Candidate 219,396 (est.) ($1.25 per 219,396 to pay $500? of that amount. estimated registered voters) Includes Spanish translation and 250 word limit 2012 Registered Who Ran Ballots Cast Turnout Election Cost Candidate Statements Voters Pilecki (won) Est. $3210 each Actual av $2,219 *Nejedly (won) $295,345 (estimate). each g 211,726 Causey (won) 367 979 66.14% Actual: $259,456.27 (excluding $500 paid by each *Hockett ($1.23 per 211,726 candidate). Included Spanish Hinkson registered voters) Clark translation and 300 word limit 2010 Registered Who Ran Ballots Cast Turnout Election Cost Candidate Statements Voters *McGill (won) $392,392 (estimate) Est. $4 130 each Actual avg. 200,892 Williams (won) 177 882 660% $2.00 per registered voter) $3420 Hinkson . candidate paid $162,219 ($0.75 per (candidate $500) 300 Kerr 200,892 registered voters ) word limit 2008 Registered Who Ran Ballots Cast Turnout Election Cost Candidate Statements Voters *Hockett NO Actual: $413.40 ONLY (for *Menesini ELECTION Notice of Election and Actual 0 Est. $3,850 each 182,539 *Nejedly HELD N/A Processing) (Candidate to pay $500) N/A $319,444 estimate 300 word limit $1.75 er re istered voter ATTACHMENT 2 AGENCY SHARE OF CANDIDATE STATEMENT COST AND WORD COUNT LIMITS AGENCY WORD CANDIDATE STATEMENT COUNT LIMIT COST SHARING EBMUD 200 Candidate pays $1,000 towards Candidate Statement and District pays the rest Mt. View Sanitary District 200 Candidate pays full cost of Candidate Statement Alameda- Contra Costa Transit 200 Ward Candidates pay $600 towards cost of District Candidate Statement. At -large candidates are expected to pay $2,400. AC Transit picks up the balance, which is usually substantial since boundaries encompass two counties. Contra Costa Water District 200 Candidate pays full cost of Candidate Statement Dublin San Ramon Services District 200 Candidate pays $450 in Alameda and $450 Contra Costa County (Total $900) if they want a statement in each County. District pays the remainder of the costs in each County. Central Contra Costa Sanitary 300 Candidate pays $500 and District pays the rest District West County Wastewater 250 Candidate pays $525 and District pays the rest Vallejo Sanitation District N/A Board Members are City Council Members Fairfield- Suisun Sewer District N/A Board Members are City Council Members NOTE: Contra Costa County stated that it will limit Candidate Statement word count to 250 due to new formatting of its voter pamphlet. Cost of statement if word count limited to less than 250 would not be lower, as they will be using a quarter -page per statement and can fit up to 250 words in that amount of space. May 2014 ATTACHMENT 3 RESOLUTION NO. 2014 -0i q RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ORDERING THE ELECTION OF DISTRICT BOARD MEMBERS AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS RELATING TO CANDIDATE STATEMENTS WHEREAS, California Elections Code Section 10402.5 provides that any district election held on an established statewide election date shall be consolidated with the statewide election; and WHEREAS, California Elections Code Section 10403 provides that whenever an election called by the governing body of a special district, such as the Central Contra Costa Sanitary District, for an office to be filled which is to appear on the same ballot as the statewide election, the District shall, by resolution, request consolidation of elections of its members to be held on the same day as the Statewide General Election; and WHEREAS, Elections Code Section 13307 provides that each candidate for nonpartisan elective office in any local agency, including special districts, may prepare a Candidate Statement on an appropriate form provided by the Elections Official; and WHEREAS, Elections Code Section 13307 further requires that, before the nominating period opens, the District Board must determine whether a charge shall be levied against each candidate submitting a Candidate Statement to be sent to the voters; determine the number of words; may estimate the cost; and determine where the estimate must be paid in advance; and WHEREAS, Elections Code Section 12112 requires the Elections Official of the principal county to publish a notice of the election once in a newspaper of general circulation in the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District, that the Board does hereby make the following determination: Section 1. It is ordered that an election be held within the territory included in the Central Contra Costa Sanitary District on the 4th day of November 2014, for the purpose of electing members to the Board of Directors of Central Contra Costa Sanitary District. Section 2. The purpose of the election is to select members of the Board of Directors for two (2) seats for four -year terms beginning December 5, 2014 and ending December 2018. Section 3. The Central Contra Costa Sanitary District hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the District, as provided in Elections Code 10400. Resolution No. 2014-& Central Contra Costa Sa it District Page 2 Section 4. The Central Contra Costa Sanitary District has determined that each candidate and the Central Contra Costa Sanitary District shall share in the cost of publication of the Candidate Statements. The Elections Official has estimated that the cost of each Candidate Statement is $2562.50. Section 5. Each candidate shall pay $500 for the cost of publication of his /her Candidate Statement at the time of filing nomination papers, and the balance shall be paid by the Central Contra Costa Sanitary District after the election costs have been determined. Section 6. Each Candidate Statement shall be limited to 250 words. Section 7. The Central Contra Costa Sanitary District appoints the Contra Costa County Elections Department as the Elections Official and directs them to publish the Notice of Election in a newspaper of general circulation that is regularly circulated in the territory as required by Elections Code Section 12112. Section 8. The District will reimburse the County for the actual cost incurred by the Elections Official in conducting the District election upon receipt of a bill stating the amount due, as determined by the Elections Official. BE IT FURTHER RESOLVED that the Secretary of the District is hereby authorized and directed to transmit a certified copy of this resolution to the Contra Costa County Board of Supervisors and to the Elections Department of said County. PASSED AND ADOPTED by the Board of Directors of Central Contra Costa Sanitary District this 5t" day of June, 2014, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District