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A. RESOLUTION NO. 2016-133 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THIS CITY ON JUNE 7, 2016, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW
B. RESOLUTION NO. 2016-134 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 2016, FOR THE PURPOSE OF CONDUCTING A RUN-OFF ELECTION TO ELECT TWO MEMBERS OF THE CITY COUNCIL, REPRESENTING DISTRICTS 3 AND 4; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION; AND AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR THE ELECTION
C. RESOLUTION NO. 2016-135 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 THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2016
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolutions.
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SUMMARY
The Registrar of Voters has transmitted the certified results of the General Municipal Election held on June 7, 2016. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Council, which shall adopt a resolution reciting the fact of the election.
Adoption of the resolutions declares the results of the General Municipal Election, provides for a Special Municipal (Run-off) Election to elect two members of the city council, representing Districts 3 and 4, and adopts regulations pertaining to materials prepared by candidates and the associated costs.
ENVIRONMENTAL REVIEW
Environmental Notice
environmental notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The Director of Development Services 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 activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The General Municipal Election was held on June 7, 2016 to select one member of the city council to represent District 4 for a full term commencing in December 2016. Only two candidates qualified for placement on the ballot for the District 3 seat, therefore were not included on the June 7 ballot, and will instead be placed on the ballot for the November runoff election, pursuant to Chula Vista Charter section 300(A)(3).
As of the time of publication of the agenda, the certified results of the election had not yet been received. The certified results will be added as an attachment to this item once they become available.
Chula Vista Charter section 300(A) requires the two candidates receiving the highest and second highest number of votes for each office to participate in a Special (Run-off) Election to be held in November.
Pursuant to Resolution No. 2016-057 and Chula Vista Charter sections 300(A)(3), the member of the city council representing District 3 did not appear on the ballot for the General Municipal Election held in June. Since only two qualified candidates timely submitted sufficient nomination papers for the General Municipal Election for District 3, their names will be placed on the ballot at the Special Election to be held in November.
Section 13307 of the California Elections Code provides that the local agency must adopt regulations pertaining to the materials prepared by candidates and the associated costs. Historically, the City has allowed candidates to submit statements of qualification of no more than 200 words. The estimated cost of a 200-word statement to appear on the November 8, 2016 ballot is $690. Candidates who choose to include a candidate’s statement in the sample ballot will be required to pay $690 as a deposit at the time their statements 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 rule found in California Code of Regulations Section 18704.2(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Serving as the elections official and managing the elections process, which forms the foundation of our democratic system of government, is one of the primary functions of the City Clerk. While this process is not specifically associated with one of the City’s strategic goals, carrying out this important function in an ethical, impartial, transparent manner aligns with the City’s goals of Operational Excellence and Connected Community.
CURRENT YEAR FISCAL IMPACT
The Fiscal Year 2017 general fund budget includes $200,000 for conducting the Special Election. It is anticipated that this amount is sufficient for this purpose.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
Exhibit 1 - Certified results of the June 7, 2016 election
Staff Contact: Kerry Bigelow