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HomeMy WebLinkAbout2012/02/14 Item 09CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF ----- CHULAVISTA FEBRUARY 14, 2012, Item ITEM TITLE: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 2012, FOR THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, JUNE 5, 2012 SUBMITTED BY: Donna Norris, City Clerk~~ 4/STHS VOTE: YES ~ NO X~ SUMMARY The purpose of the June 5, 2012 General Municipal Election is to select two Members of the City Council to fill Seats 3 and 4 for full terms consisting of four years, commencing December 2012. The proposed resolutions are required to call the election, consolidate with the statewide election, request the services of the Registrar of Voters, and adopt regulations for candidates. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. 9-1 FEBRUARY 7, 2012 Item Page 2 of 2 RECOMMENDATION Council adopt the resolutions. DISCUSSION Chula Vista Charter section 900 requires that General Municipal Elections be scheduled in conjunction with statewide primary elections. The next statewide primary election will be held on June 5, 2012. The purpose of the General Municipal Election is to elect two (2) Members of the City Council to fill Seats 3 and 4 for full terms commencing in December 2012. Elections Code Section 10403 requires the adoption of a resolution requesting the Board of Supervisors to consolidate Chula Vista's election with the statewide primary and to permit the Registrar of Voters to perform certain services in conjunction with the City's election. Elections Code Section 10403 requires that the Registrar of Voters receive the resolution requesting consolidation and services by March 9, 2012. Section 13307 of the California Elections Code provides that the local agency must adopt regulations pertaining to the materials prepared by candidates and the costs thereof. Historically, the City has allowed each candidate to submit a candidate's statement of no more than 200 words. The Registrar's estimated cost fora 200-word statement is $1,100. Candidates who choose to file a candidate's statement will be required to pay $1,100 as a deposit at the time their statements and nomination papers are filed with the City Clerk. Should the actual cost be less, the balance will be refunded to the candidates; and should the actual cost be more, candidates will be billed for the difference. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and, consequently, the 500-foot mle found in California Code of Regulations Section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT The City Clerk's election budget includes $758,000 for election services, of which $158,000 was included for placing two City Council seats on the June 5, 2012 ballot. It is anticipated that this amount will be sufficient. ONGOING FISCAL IMPACT Placing items on the ballot is aone-time cost per election, and does not create an ongoing fiscal impact. ATTACHMENTS Proposed Resolutions Prepared by: Donna Norris, City Clerk, City of Chula Vista 9-2 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 2012, FOR THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION WHEREAS, in accordance with the provisions of the Chula Vista Charter and State law, a General Municipal Election shall be held on June 5, 2012 for the purpose of electing two Members of the City Council to fill Seats 3 and 4 for the full term of four years, commencing in December 2012; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city or district that has, by resolution, requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, Elections Code Section 10403 requires the City Council to adopt a resolution requesting the Board of Supervisors to consolidate Chula Vista's election with the statewide general election and to permit the Registrar of Voters to perform certain services in conjunction with the City's election; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that this activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE as follows: SECTION 1. All of the foregoing recitals are true and correct. SECTION 2. Pursuant to the requirements of the Chula Vista Charter and the laws of the State of California, there shall be and there is hereby called and ordered held in the City of Chula Vista, California, on Tuesday, June 5, 2012, a General Municipal Election of the qualified electors of the City for the purpose of electing two Members of the City Counci] to fill Seats 3 and 4, for the full term of four years, commencing in December 2012. 9-3 SECTION 3. Pursuant to Elections Code section 10403, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters to perform and render all services and proceedings, and to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election of the City of Chula Vista, with the cooperation and assistance of the City Clerk of Chula Vista, in order to properly and lawfully conduct such election. SECTION 4. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day, in the same territory. Pursuant to Section 10411 and Section 10418 of the Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election consolidated hereby. SECTION 5. Pursuant to Section 10410 and Section 10418 of the Elections Code within the ten•itories affected by this consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. SECTION 6. The County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Chula Vista upon presentation of a bill therefor, and this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys' fees, as a result of an election contest azising after conduct of this election. SECTION 7. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the election. SECTION 8. The polls of said election shall be open at seven o'clock a.m. of the day of said election and shall remain open continuously from that time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 9. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. SECTION 10. In all particulars not recited in this resolution, said election shall be held and conducted as provided by law for holding municipal elections in this City. SECTION 11. Notice of the time and place of holding this election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. 9-4 SECTION 12. The City Clerk shall certify to the passage and adoption of this resolution and file it with the City's original resolutions. Presented by Donna R. Norris City Clerk Approved as to farm by -_--~ 1 - ~~,Lu~ ,~(` `"Glen R: Googi3~ City~~torney 9-5 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CI'I"Y OF CHULA V [STA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING 'f0 MATERIALS SUBMITTED TO THE ELECTORATE AT A GF,NERAL MUNICIPAL ELF,CTION TO BE HELD TUESDAY. JUNE 5.2012 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of Chula Vista as follows: SECTION 1. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Chula Vista on Tuesday, June 5, 2012, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the City Clerk no sooner than Monday, February 13, 2012 and no later than 5:00 p.m. on Friday, March 9, 2012. The statement may be withdrawn, but not changed, during the stated period and until 5:00 p.m. on Monday, March 12, 2012. SECTION 2. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to the Elections Code, including costs incun•ed as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimate isjust an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill each candidate for additional actual expense or refund any excess paid depending on the final actual cost. SECTION 3. The City Clerk shall provide each candidate, or the candidate's representative, with a copy of this Resolution at the time his or her nomination papers are issued. SECTION 4. No candidate will be permitted to include additional materials in the sample ballot package. Submitted by: Donna R. Norris, City Clerk 9~ Approved as to form: