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HomeMy WebLinkAbout11.a. Adopt resolution calling for 11-8-16 election and requesting consolidation of election of Board Members with statewide general election Central Contra Costa Sanitary District 11 . a . r BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 7, 2016 Subject. ADOPT A RESOLUTION CALLING FOR A NOVEMBER 8, 2016 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS Submitted By: Initiating Dept./Div.: Elaine R. Boehme Administration / Secretary o he District Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: 4A1 Ken A Roger S. Bailey Counsel for the District General Manager ISSUE: A resolution calling for the election, requesting consolida -on of the election with the statewide election, and setting forth requirements for Candl to Statements and other matters must be filed with the Elections Department and the County Board of Supervisors. BACKGROUND: A District election will be held on November 8, 2016 for the election of three Board Members. The terms of office for Board Members Paul H. Causey, James A. Nejedly and Tad J. Pilecki end in December, 2016. 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 Elections Department and the County Board of Supervisors. The resolution also calls for the election to be held on November 8, 2016 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 2014 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 250 words. The estimated cost for each Candidate Statement is $1,967. Candidate statements over 250 words would be double in price. Page 1 of 3 POSITION PAPER Board Meeting Date: July 7, 2016 subject: ADOPT A RESOLUTION CALLING FOR A NOVEMBER 8, 2016 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS For reference, a chart is attached (Attachment 1) showing the estimated cost of Candidate Statements for various agencies in the 2014 election, and the portion paid by the agency, if any. Nomination Period The four-week candidate nomination period begins at 8 a.m. on Monday, July 18, 2016 and ends at 5 p.m. on Friday, August 12, 2016. If an incumbent does not file, the nomination period is extended 5 calendar days, ending at 5 p.m. on Wednesday, y August 17, 2016 for non-incumbents only. Action to be Taken in the Event of a Tie Vote This year, the Elections Office is asking the Board to determine what action would be taken in the unlikely event of a tie vote from the following two options: (a) In the event of a tie vote, the winner shall be determined by lot at a time and place designated by this Board; or (b) In the event of a tie vote, the Board will call a run-off election on the sixth Tuesday following the election at which the tie vote occurred. It is recommended that the Board select (a), as this would not incur any additional costs. A draft resolution is attached for Board consideration (Attachment 2). A certified copy of the final resolution will be delivered to the Elections Office and the County Board of Supervisors. 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 Statements may be modified or reaffirmed, in accordance with Elections Code Section 13307. FINANCIAL IMPACTS: The estimated cost for the 2016 election submitted by the Elections Department is $1.50 - $2.00 per registered voter. The estimated number of registered voters in the District as of May 2, 2016 was 203,171, which amounts to an election cost of$304,756 - $406,342, if an election is conducted. There will be Page 2 of 3 POSITION PAPER Board Meeting Date: July 7, 2016 Subject: ADOPT A RESOLUTION CALLING FOR A NOVEMBER 8, 2016 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS additional charges for processing and publication of the Notice of Election and Candidate Statements. With regard to the cost of Candidate Statements, for the 2016 election, the County estimates that each Candidate Statement will cost approximately $1,967. 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 $1,467 per statement. If only the three incumbents run, no election will be necessary. The incumbents would then be appointed in lieu of election and the cost is minimal. COMMITTEE RECOMMENDATION: This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION: Adopt a resolution calling for the November 8, 2016 election, requesting consolidation of the election with the statewide election, selecting an option for addressing tie votes, 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 Supporting►ocuments: 1. Chart showing cost of Candidate Statements 2. Draft Resolution Page 3 of 3 ATTACHMENT 1 CANDIDATE STATEMENT- COST ESTIMATES November 4, 2014 SCHOOL DISTRICT COST ESTIMATE WORD LIMIT* PAID BY Acalanes Union High $962.50 250 Candidate Antioch Unified $637.50 250 Candidate Brentwood Union $400.00 250 Candidate Byron Union $150.00 250 Candidate Candidate pays 10% Canyon Elementary $62.50 250 District bills candidate remaining balance. Contra Costa Board of Education Area No. 2 $1,712.50 Candidate pays$100250 District pays Area No.4 $1,500.00 Area No. 5 $1,150.00 remaining balance. Contra Costa Community College Ward 1 $1,150.00 250 Candidate Ward 3 $1,350.00 Ward 4 $1,500.00 John Swett Unified $150.00 250 Candidate Knightsen Elementary $75.00 250 Candidate Lafayette $287.50 250 Candidate Liberty Union High $700.00 250 Candidate Livermore Valley Joint Unified $62.50 250 Candidate Shared with Alameda Martinez Unified $275.00 250 Candidate Moraga $187.50 250 Candidate Mt. Diablo Unified $1,650.00 250 Candidate Oakley Union Elementary $250.00 250 Candidate Orinda Union $225.00 250 Candidate Pittsburg Unified $337.50 250 Candidate San Ramon Valley Unified $1,075.00 250 Candidate Walnut Creek $450.00 250 Candidate West Contra Costa Unified $1,350.00 250 Candidate SPECIAL DISTRICT COST ESTIMATE WORD LIMIT* PAID BY Alameda—Contra Costa Transit Candidate pays At Large-Shared with Alameda County $1,037.50 250 one time in County of domicile. Ambrose Recreation & Park $162.50 250 Candidate Bethel Island Municipal Improvement $75.00 250 Candidate Byron Sanitary $62.50 250 Candidate Byron Bethany Irrigation Division 1 $75.00 250 Candidate Division 3-Shared with Alameda County $62.50 Castle Rock County Water $62.50 250 District Information not Central Contra Costa Sanitary $2,562.50 250 available at time of printing. Contact our office. *Word limit could be 200-250 depending on resolution from the district. D-2 + ..�^ . COSH' TI MATE W .JT P'AI Contra Costa Water Division 1 $537.50 250 Candidate Division 2 $612.50 Crockett Community Services $87.50 250 Cand ......... Diablo Community Services $75.00 250 Candidate ... __ __ Diablo Water $275.00 2501 Candidate Town of Discovery Bay Community Serv. $150.00 250 Candidate Candidate pays$450 Dublin-San Ramon Services 202.50 250 Shared with Alameda County $ Districtpays remaining balance.. East Bay Municipal Utility Ward 2 $1,600.00 Candidate pays Ward 3* $550.00 $1,000 one time in $275.00 250 County of domicile. Ward 4 District pays Ward 7 $162.50 remaining balance. *Shared with Alameda County g Candidate`pays East Bay Regional Park $1,00.0 one time in Ward 6 $2,025.00 250 County of domicile. Ward 7 $2,275.00 District pays remaining balance. East Contra Costa Irrigation Division 1 $150.00 250 Candidate Division 4 $150.00 Green Valley Recreation&Park $75.00 250 Candidate Ironhouse Sanitary $287.50 250 Candidate .., _ _. Kensington Fire Protection $112.50 250 Candidate Kensington Police&Community Services $112.50 250 Candidate Knightsen Town Community Services $75.00 250 Candidate Los Medanos CommunityHealthcare $4,337.50 250 ................. . _ __.. Moraga--Orinda Fire Protection Division 1 $112.50 Division 3 $125.00 250 Candidate Division 4 $125.00 Mt.View Sanitary 12.50 250 Candidate ...........- Pleasant Hill Recreation&Park $337.50 250 Candidate ......_.... Rodeo Sanitary $112.50 250 Candidate Rodeo--Hercules Fire Protection $262.50 250 Candidate Rollingwood-Wilart Park Rec. &Park $75.00 250 Candidate San Francisco Bay Area Rapid Transit Candidate pays$750 District 2 $2,062.50 250 one time in Countyof domicile. San Ramon Valley Fire Protection $1,062.50 250 Candidate ............g Sanitary $312.50 250' Candi. Ste e Sa n ita .........date ............. West Contra Costa Healthcare $1,412.50 250 Candidate West CountyWastewater $525.00 250 Candidate .......... *Word limit could be 200-250 depending on resolution from the district. D-3 CITY COST ESTIMATE WORD LIMIT* PAID BY Antioch $600.00 250 Candidate Brentwood $387.50 250 Candidate Clayton $150.00 250 Candidate Concord $762.50 250 Candidate Danville $400.00 250 Candidate EI Cerrito $237.50 250 Candidate Hercules $212.50 250 Candidate Lafayette $262.50 250 Candidate Martinez $325.00 250 Candidate Moraga $187.50 250 Candidate Oakley $262.50 250 Candidate Orinda $225.00 250 Candidate Pinole $187.50 250 Candidate Pittsburg $387.50 250 Candidate Pleasant Hill $300.00 250 Candidate Richmond $587.50 250 Candidate San Pablo $162.50 250 Candidate Walnut Creek $575.00 250 Candidate Word limit could be 200-250 depending on resolution from the district. D-4 ATTACHMENT 2 RESOLUTION NO. 2016-02D 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 OTHER RELATED ACTIONS WHEREAS, California Elections Code requires a general District election be held to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the District and it is to the advantage of the District to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in ag eneral election to reimburse the County for the actual costs incurred by the County Elections Official in conducting the election for that district; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the District Board must determine whether a charge shall be levied against each candidate submitting a Candidate's Statement to be sent to the voters; may establish the cost; and determine whether the costs be paid in advance; and WHEREAS, Elections Code Section 15651 states that the District may select a method for addressing a tie vote; 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, IT IS ORDERED that an election be held within the territory included in the Central Contra Costa Sanitary District on the 8th day of November, 2016, for the purpose of electing members to the Board of Directors of Central Contra Costa Sanitary District in accordance with the following specifications: 1. The election shall be held on Tuesday, the 8th day of November, 2016. The purpose of the election is to choose members of the Board of Directors for the following seats: Board Member 2016-2020 Four-year term Board Member 2016-2020 Four-year term Board Member 2016-2020 Four-year term 2. The District Board has determined that the candidate will pay $500 towards the cost of the Candidate's Statement at the time of filing nomination papers, and the District will pay the balance after the election costs have been determined. Resolution No. 2016-OAA Central Contra Costa Sanitary District Page 2 3. The 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. 4. The District Board 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, pursuant to Elections Code Section 10400. 5. 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. 6. The Secretary of the District is hereby authorized and directed to transmit a certified copy of this resolution to the Elections Office and to the Contra Costa County Board of Supervisors. 7. The consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418 and in accordance with the applicable procedures and practices of the Elections Official. 8. In the event of a tie vote, the winner shall be determined by lot at a time and place designated by this Board. PASSED AND ADOPTED by the Board of Directors of Central Contra Costa Sanitary District this 7th day of July, 2016, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. P i lecki 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