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AGENDA BILL Agenda Item No. 5(A) Date: June 9, 2014 To: El Cerrito City Council From: Cheryl Morse, City Clerk Subject: November 4, 2014 General Municipal Election ACTION REQUESTED Adopt a Resolution: 1) Ordering and calling for a general municipal election to be held in the City of El Cerrito on Tuesday, November 4, 2014, for the purpose of electing two members of the City Council for full terms of four years each; 2) Requesting and consenting to consolidation of the municipal election with the general election to be held on November 4, 2014; 3) Requesting the services of the Contra Costa County Registrar of Voters; 4) Providing for Notice of the election; and 5) Setting specifications of the Election Order to include limiting candidate statements to 250 words, requiring candidates to pay for the costs of their candidate statement, establishing the estimated cost of each candidate statement to be $275 payable at the time of filing; and determining that, in the event of a tie vote, the winner shall be determined by lot at a time and place designated by the City Council. The Contra Costa County Elections Division has requested that the City Clerk provide this information to the County no later than July 2, 2014. BACKGROUND Two seats on the City Council will be open this November. To conduct its municipal election, the City must adopt a resolution calling for the election. In addition, to the consolidation of the municipal election with the November 2014 general election, the City must adopt a resolution to that effect. State law requires that the resolution calling for a municipal election and requesting consolidation with the statewide election be adopted and filed with the County elections official. The City may also increase the length of candidate statements from 200 words up to 400 words, and set the amount of the deposit for printing and distributing the statement. The City customarily authorizes the County to conduct its elections; the County has in fact conducted most aspects of the general election for many years. The staff time, special equipment and skills associated with printing, duplicating, mailing, establishing polling locations, canvassing, counting and certifying ballots and discharging other tasks associated with the election make this arrangement cost-effective. ---PAGE BREAK--- Agenda Item No. 5(A) Page 2 The City Clerk will continue to act as the local Elections Official and be responsible for processing nomination papers and candidate statements, conducting research and responding to inquiries from candidates and the public regarding candidacy and other election matters and will also function as the Filing Officer for Fair Political Practices Commission campaign disclosure filings. Candidates will be able to procure nomination documents from the City Clerk during the period of July 14, 2014 to August 8, 2014. If an incumbent does not file for re-election by this deadline, the nomination period is automatically extended by five calendar days per California Elections Code Sections 10225 and 10407 to August 13, 2014 for non- incumbents only. In the past, the City Council has set the word count for candidate statements at 300 words. For this election, the County has estimated the cost to publish a 250 word candidate statement for the City of El Cerrito at approximately $237.50, including the state mandated Spanish translation. A majority of cities in Contra Costa County have routinely set a 200-250 word count limit for each election. The cost of publishing statements consisting of between 251 and 400 words would double this cost for all candidates. Therefore, staff recommends limiting candidate statements to 250 words, and charging candidates $275 to cover any publication anomalies or unforeseen overages at the time all nomination forms are filed. Overpayments will be refunded and underpayments will be billed. The filing of a candidate statement is optional, not mandatory. ANALYSIS City Council action is required to call a general municipal election for Tuesday, November 4, 2014, for the purpose of electing two members of the City Council for full terms of four years each, publish the required notices and authorize the County to conduct the election on behalf of the City. Staff also recommends setting the length of the candidate statement at 250 words rather than 300 to 400 words to achieve consistency with many other cities in Contra Costa County and to also achieve cost savings for any candidates who wish to file a candidate statement and run for City Council. Some of the other cities in Contra Costa County limit candidate statements to 200 words, but the costs of printing and distributing statements up to 250 words would not result in any substantial processing inefficiencies and therefore does not affect the County’s estimate of $237.50 per statement. The option of 251–400 words is also available, but doubles the printing cost because a candidate statement in excess of 250 words is likely to result in less statements being printed per page or run onto a second page in the voter pamphlet. The City Council must also determine whether the candidate or City will pay for the candidate statement. Based on the County Election Division’s estimate of $237.50 per candidate statement for a city the size of El Cerrito, staff recommends requiring the estimated cost of $275 to be paid by each candidate. This amount would be due at the time of filing the statement with the City Clerk, presuming the candidate chooses to file a statement, which is optional. Alternatively, the City Council could choose to have the ---PAGE BREAK--- Agenda Item No. 5(A) Page 3 City assume the cost of printing all candidate statements resulting in expenditure of additional funds for the election. The City could also forgo requiring payment of the estimated cost by the candidate at the time the statement is filed, and require the payment at some later date. However, there is no assurance that staff will be able to collect funds from a candidate once the election is over. Finally, the City Council must determine the method of resolving a tie vote – either by choosing a winner by lot, or ordering a special run-off election. Previous City election consolidation resolutions have specified resolving a tie vote by lot. In this instance, the City Council would summon the candidates who received an equal number of votes to appear before them at a time and place designated by the City Council. The City Council would then resolve the tie vote by lot by selecting a person to either toss a coin, or by placing each candidate’s name in an unmarked, sealed envelope, drawing the envelope and reading the name of the winning candidate. Alternatively, the City Council could direct that a special runoff election be conducted involving those candidates who receive an equal number of votes. However, a special run-off election would delay seating a new City Councilmember and the City would also incur substantial costs conducting a separate special run-off election. California Election Code Section 15651(b) requires a special run-off election to be held on a Tuesday not less than 40 nor more than 125 days after certification of the election. It is important to note that adopting the provisions for a run-off election in the event of a tie vote will remain in effect for all future elections unless the Council later rescinds the authority for special runoff elections. Previous election consolidation resolutions have specified resolving a tie vote by lot. Staff recommends action consistent with this practice as established by resolution for past general municipal elections. In the attached resolution, staff recommendations are underlined and with the exception of the word limit for candidate statements, are consistent with prior election orders for candidate elections adopted by the City Council. FINANCIAL CONSIDERATIONS The County estimates that the 2014 General Municipal Candidate Election will cost approximately $1.25 per registered voter. As of May 30, 2014 there were 13,718 registered voters in the City of El Cerrito and 528,415 in Contra Costa County. This number is expected to increase prior to November. The November 2014 candidate municipal election is estimated to cost approximately $20,500 including public noticing and printing fees and any temporary personnel that might be needed. However, the Contra Costa Elections Division has cautioned that because of the number of variables involved in preparing for and conducting an election, it is not possible to pre-determine the final, actual cost of the election. Should the Council decide to provide for a special runoff election in the event of a tie vote rather than resolving a tie by lot, the Registrar of Voters has estimated the additional cost of a stand-alone special run-off election to be approximately $48,013. ---PAGE BREAK--- Agenda Item No. 5(A) LEGAL CONSIDERATIONS Election code requirements are fulfilled by adoption of the attached resolution. Attachments: 1. Proposed Resolution 2. Contra Costa County Registrar of Voters estimate of candidate statement costs by City 3. Sample of 250-word statements as they would appear in the voter information portion of the "Sample Ballot and Voter Information Pamphlet" 4. November 4, 2014 Candidate Election Calendar Page 4 ---PAGE BREAK--- Agenda Item No. 5(A) Attachment 1 Page 1 of 3 RESOLUTION NO. 2014–XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO FILL TWO CITY COUNCIL SEATS; REQUESTING AND CONSENTING TO CONSOLIDATION OF THE MUNICIPAL ELECTION WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 2014; REQUESTING THE SERVICES OF THE CONTRA COSTA COUNTY REGISTRAR OF VOTERS; PROVIDING FOR NOTICE OF ELECTION; AND SETTING SPECIFICATIONS OF THE ELECTION ORDER WHEREAS, the term of two members of the City of El Cerrito (“City”) Council are due to expire and the positions must be filled; and WHEREAS, the City Council has ordered a Municipal Election to be held on Tuesday, November 4 2014, to fill those offices; and WHEREAS, other elections may be held in whole or in part of the territory of the city and it is to the advantage of the City to consolidate its municipal election pursuant to California Elections Code Section 10400; and WHEREAS, California Elections Code Section 10400 provides that a City Council may request the Contra Costa County (“County”) Board of Supervisors to consolidate a general municipal election with the statewide general election; and WHEREAS, California Elections Code Section 10242 provides that the City Council shall determine the hours of opening and closing the polls; and WHEREAS, California Elections Code Section 10002 requires the City to reimburse the County in full for the services performed upon presentation of a bill to the City by the County Elections Official; and WHEREAS, California Elections Code Section 13307 requires that before the nominating period opens the City Council must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; and may estimate the cost and determine whether the estimate must be paid in advance; and ---PAGE BREAK--- Agenda Item No. 5(A) Attachment 1 Page 2 of 3 WHEREAS, California Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City; and WHEREAS, tie votes shall be determined by lot unless the City Council adopts the provisions of California Elections Code Section 15651(b) prior to the conduct of the election resulting in the tie vote. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES HEREBY RESOLVE AND ORDER that an election be held in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER 1. The City Council hereby calls for a general municipal election in and for the City of El Cerrito. The Election shall be held on Tuesday, the 4th day of November, 2014. The purpose of the election is to choose successors for the following offices: Councilmember 4 year term Councilmember 4 year term 2. The El Cerrito City Council 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 City, as provided in California Elections Code 10400. 4. The City hereby designates the hours the polls are to be kept open shall be from 7:00 A.M. to 8:00 P.M. 5. The City will reimburse the County for the actual costs incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. 6. The City Council has determined that the candidate will pay for the Candidate’s Statement. The Candidate’s Statement will be limited to 250 words. As a condition of having the Candidate’s Statement published, the candidate shall pay the full estimated cost at the time of filing. The City Council hereby establishes the estimated cost for a candidate statement as $275.00. 7. The City Clerk is hereby authorized and directed to publish a Notice of Election in the West Contra Costa Times, which is a newspaper of general circulation that is published daily in the city. ---PAGE BREAK--- Agenda Item No. 5(A) Attachment 1 Page 3 of 3 8. In the event of a tie vote for a City Council seat the method to resolve it will be determined by lot at a time and place designated by the Election Board (City Council). 9. The City Council directs the City Clerk to file a certified copy of this Resolution with the Registrar of Voters and the Board of Supervisors of Contra Costa County. I CERTIFY that the foregoing resolution was adopted upon motion of Councilmember and seconded by Councilmember a regular meeting on June 9, 2014 by the City Council of the City of El Cerrito who passed this resolution by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers Cheryl Morse, City Clerk Approved: Janet Abelson, Mayor ---PAGE BREAK--- ; ~·rrr ; / · Antioch I $600.00 . 250 I Candidate Brentwood E .$387.50 250 J Candid;;;;- ! Clayton $~_50.00 250 j Candidate j Concord $~~2.50 250 / Candidate I Danville j $400.00 250 Candidate El Cerrito I $237.50 · 250 =t Candidate l $212.50 I' 250 . Candidate Lafayette $2G2.S0-------2so. candidate Mart_in_ez________ 25-o' -1 Candidate l Moraga 11 $187.50 L 250' I Candidate · oakley l -2so-I candidate f--o_ri_nd_a --Candid~--~ Pinole _ · $187.50 t 250 Candidate -1 f--Pi_tt_sb_u r_g $_~87 250 c_a_n_di_d~!:__j Pleasant Hill $300.00 ~ndidate j Richmond $587.50 250 Candidate l [ Walnutcr_e_e_k j_ $162.50 250 j Candidate _j $575.00 2-sc;---T- Candidate I - - - - I . .J *Word limit could be 200- 250 depending on resolution from the district. Cost estimate remains the same for either word limit. C-3 Agenda Item No. 5(A) Attachment 2 ---PAGE BREAK--- Below are samples of 250-word statements as they would appear in the voter information portion of the "Sample Ballot and Voter Information Pamphlet." Statements will appear in the same order as the candidates appear on the ballot. JANE DOE CANDIDATE STATEMENT WASHINGTON UNIFIED SCHOOL DISTRICT GOVERNING EIOARD Occupation: Businesswoman Educatidri and QUalifications: I am running for the governing board of the Washington Unified Scho'ol Dlst.rict because I feel I cari ering a balance to the board. I attended local . schools, grilduatihg from Washington High School in 19f15. I am married and currently ha11e two children attending school in the district. I own and operate my own business, so .I am well aware of the need to operate within a budget. WHh proper · distribution of resources and educational materials ·1 am convinced we can offer quality education to ail students within the district. I fully understand the value of a quality public educa.tlon. As your next school board member, I will worl< to protect small class sizes and better learning environments for our students. I will also ensure that we create a safer learning environment to achieve these goals. I have be·en active in the P.T.A., served on the Save Our Youth committee, and am an active. member of the All-Faith Church. I have served as Boy Scbut Den Mother' and Girl scout Leader for the past 3 years. I also serve as a volunteer a{ the.Corinmuni.ty Recycling Center as time allows. If ehicted to serve as a Governing Board Member, I will build on this exp·erience and work diligently to maintain financial stability ano foster an eoucalional environment thal meets the intell~ctual and social- developmental needs of our children. I am looking forward to serving you on the Washington Unified School District Governing Board. I respectively ask for your vote. Thank you. JANE DOE CANDIDATE STATEMENT WASHINGTON UNIFIED SCHOOL DISTRICT GOVERNING BOARD Occupation: Businesswoman Education and Qualifications: I am running for the governing board of the WaShington Unified School because I fe·ei I can bring a balance to the board. I attended local schools, graduating from Washington High School In 1985. I am married anct currently have two children attending school in the district. I own and operate my· own business; so I am well aware of the need to operate within a budget. With proper distribution of resources and educational materials I am convinced we can offer quality education to all students within the district. I fully understand the value of a quality public education. As your next school board member, I will work to protect small class sizes and better learning environments for o.ur students. I will also ensure that we create a safer learning environment to achieve these goals. I have been active in the P.T.A., served on the Save Our Youth committee, and am an active member of the Ail-Faith Church. I have served as Boy Scout ben Mother and Girl Scout Leader for the past 3 years. 1 also serve as a volunteer at the Community Recycling Center as time allows. If elected to serve as a Governing Board Member, I will build on this experience and work diligently to maintain financial stability and foster an. educational environment that meets the intellectual and social-developmental needs of our children. I am looking forward to serving you on the Washington Unified School District Governing Board. I respectively ask for your vote. Thank you. C-4 JANE DOE CANDIDATE STATEMENT WASHINGTON UNIFIED SCHOOL DISTRICT GOVERNING BOARD Occupation: Businesswoman Education and Qualifications: I am running for the governing board of the Washington Unified School District because I feel I can bring a balance to the l!oard. I attended local sc~ools, graduating from Washington High School in 1985. I am married and currently have two children attending school in th.e district. I own and operate my own business, so I am well aware of the need to operate within a budget. With proper distribution of resources and educational materials I am con'vinced we can offer quality education to all students within the district. · I fully understand the value of a quality public education. As your next school board member, I will work to protect small class sizes and better learning environments for our students. I will also ensure that we create a safer learning environment to achieve these goals. I have been active In the P.T.A., served on the Save Our Youth committee, and am an active member of the All-Faith Church. I have served as Boy Scout Den Mother and Girl Scout Leader for the past 3 years. I also serve as a volunteer at ·the Community Recycling Center as time allows. If ·elected to serve as a Governing Board Member, I will build on this experience and work diligently to maintain finanGial slabiiHy and foster an educational environment that meets the intellectual and social· developmental needs of our children. I am looking forward to serving you on the Washington Unified School District Governing Board. I respectively ask for your vote. Thank you: Agenda Item No. 5(A) Attachment 3 ---PAGE BREAK--- 2014 Candidate Guide Contra Costa County 3 November 4, 2014 General Election Candidate Calendar APPLIES TO DATES Filing Period – Candidate Nomination Papers All Cities, School and Special Districts Jul. 14 – Aug. 8 E‐113 – 88 Last day for candidates to file and pay for “Candidate Statement” All candidates Aug. 8 E‐88 Extended Filing Period If no incumbent files nomination papers by August 8, the filing period is extended for non‐incumbents Aug. 9 – 13 E‐87 – 83 Public Review of “Ballot Designations” and “Candidate Statements” All candidates Aug. 9 – 18 E‐87 – 78 For “Candidate Statements” and “Ballot Designations” filed during the extended period Aug. 14 ‐ 23 E‐82 – 73 Last day to withdraw “Candidate Statement” All candidates Aug. 11 E‐85 Candidates who filed during the extended filing period Aug. 14 E‐82 Last day to file a petition forcing a contest on the General Election ballot Applies only to contests with insufficient candidates Aug. 13 E‐83 Randomized alphabet drawing for ballot placement All candidates Aug. 14 E‐82 First Pre‐Election Campaign Statement Due All candidates and committees Oct. 6 E‐29 Deadline to register to vote in the November 4, 2014 General Election All voters Oct. 20 E‐15 Second Pre‐Election Campaign Statement Due All candidates and committees Oct. 23 E‐12 Voter Information & Sample Ballot Pamphlet mailing period. All voters Sept. 25‐Oct. 14 E‐ 40 ‐ 21 Election Day Polls are open from 7:00am to 8:00pm November 4, 2014 Deadline to certify the General Election County Registrar Dec. 2 E+28 Semi‐Annual Campaign Statement Due All candidates and committees Jan. 31, 2015 Agenda Item No. 5(A) Attachment 4