HomeMy WebLinkAbout08.a.ADOPT A RESOLUTION CALLING FOR A NOVEMBER 2, 2010 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTSCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: June 17, 2010 No.: 8.a. Administrative
Type of Action: ADOPT RESOLUTION
Subject: ADOPT A RESOLUTION CALLING FOR A NOVEMBER 2, 2010 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: Elaine R. Boehme, Initiating Depr.iDiv.: Administration
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Elaine R. Boehme
Secretary of the
District
ames Kelly,
eneral anager
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
June 30, 2010.
RECOMMENDATION: Adopt a resolution calling for the November 2, 2010 election for
the election of two Board Members for four-year terms; requesting consolidation of the
election with the statewide election; and setting forth requirements for Candidate
Statements.
FINANCIAL IMPACTS: The estimated cost for the 2010 election submitted by the
Elections Department is $2.00 per registered voter. The estimated number.of
registered voters in the District as of February 18, 2010 was 196,196, which amounts to
a cost of approximately $392,392, 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 2008 election, the Board re-
adopted regulations requiring candidates to pay $500 towards the cost of publication of
their Statement at the time of filing the nomination papers, and the balance would be
paid by the District after the election costs were determined. For the 2010 election, the
County estimates that each Candidate Statement will cost $4,130.
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.
POSITION PAPER
Board Meefing Date: JUNE 17, 2010
Subject. ADOPT A RESOLUTION CALLING FOR A NOVEMBER 2, 2010 ELECTION,
REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD
MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH
DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS
BACKGROUND: A District election will be held on November 2, 2010 for the election
of two Board Members. The terms of office for Board Members Gerald R. Lucey and
Michael R. McGill end in December, 2010.
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 2, 2010 and establishes requirements
for 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 2008
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 elections costs were determined; and
that the Statement be limited to 300 words. If the statements exceeds 300 words, or
the Statement is spaced so that it goes to a second page, the cost is doubled. The
Board may consider whether to modify the word limit or to reaffirm current District
regulations.
The four-week candidate nomination period begins on Monday, July 12, 2010 and ends
on Friday, August 6, 2010. If an incumbent does not file, the nomination period is
extended 5 calendar days, ending on Wednesday, August 11, 2010 for non-
incumbents only.
A draft resolution is attached for Board consideration (Attachment 2). A certified copy
of the final resolution will be delivered to the Contra Costa County Board of Supervisors
and the Elections Department.
RECOMMENDED BOARD ACTION: Adopt a resolution calling for the November 2,
2010 election, requesting consolidation of the election with the statewide election, and
setting forth requirements for Candidate Statements; and direct the Secretary of the
District to file the resolution with the Elections Department and County Board of
Supervisors.
Attachment 1
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Attachment 2
RESOLUTION NO. 2010-
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's 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's 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 2nd day of November 2010, 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 3, 2010 and ending December
2014.
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. 2010-
Page 2
Section 4. The Central Contra Costa Sanitary District has determined that the
candidate and the Central Contra Costa Sanitary District shall share in the cost of
publication of the Candidate Statements.
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's statement of qualifications shall be limited to 300 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 17~h day of June, 2010, by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Michael R. McGill
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm
Counsel for the District