Title
RESOLUTION NO. 2018-055 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION 2018-004 TO REMOVE THE ELECTION OF MEMBER OF THE CITY COUNCIL, REPRESENTING DISTRICT 1, AND CITY ATTORNEY FROM THE JUNE 5, 2018 GENERAL ELECTION AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
Body
RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
Body
SUMMARY
On January 16, 2018, the Council adopted Resolution No. 2018-004 to set June 7, 2016 as the date of the General Municipal Election to elect a Mayor, two members of the City Council, representing Districts 1 and 2, and a City Attorney. Adoption of the attached resolution removes the District 1 City Council position and the City Attorney position from the General Municipal Election since only two candidates for each seat qualified for placement on the ballot, and appropriates funds to account for the two remaining seats and the ballot measure that was previously approved by Council. The two qualified candidates for District 1 and for City Attorney will be placed on the ballot for the November runoff election, pursuant to Chula Vista Charter section 300.A.3.
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.
Body
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 the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in 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
On January 16, 2018, the City Council adopted Resolution 2018-004 to call for a June 2018 General Municipal Election to elect a Mayor, two members of the City Council, representing Districts 1 and 2, and a City Attorney, each for a full term commencing December 2018. Only two candidates for each District 1 and City Attorney submitted sufficient nomination papers and qualified for placement on the ballot. In accordance with Section 300.A.3 of the Chula Vista Charter, it is recommended that the City Council remove the District 1 City Councilmember and the City Attorney positions from the June 2018 ballot. Because there are only two qualified candidates per seat, election to the positions will occur at the November runoff election.
Section 300.A.3 of the Chula Vista Charter provides, in part, that if only two qualified candidates from a Council district file nomination papers to participate in the general municipal election for that district, no general election shall be held for the office of City Councilmember for that district and the two candidates shall be candidates at the run-off election (November) for that office. The Charter applies this same process to the office of City Attorney. [Charter sections 503(c) and 300.E].
Based on initial estimates from the Registrar of Voters for the conduct of the General Election for Mayor, Council Districts 1 and 2, and City Attorney, approximately $160,000 was budgeted for the election. Subsequently, the Registrar of Voters has revised their estimate, which now includes the two elected positions and the ballot measure previously approved by the Council. The current estimate for the election is now $200,000. Adoption of the resolution also appropriates $40,000 to the City Clerk’s election budget account for the increased cost.
Related Background Information
The Charter provisions providing that the top two candidates proceed to a run-off election in June were adopted by the electorate in 2012. The first elections held under the new provisions were in 2014. That election was for the purpose of electing the Mayor, City Councilmembers for Districts 1 and 2, and the City Attorney. With the exception of the City Attorney, there were more than two candidates for each office in that election. There was only one qualified candidate for the office of City Attorney. As a result, the City Attorney election was held in November.
In 2016, City Council seats for Districts 3 and 4 were up for election. There were only two qualified candidates for the District 3 seat. Accordingly, the June election for District 3 was canceled and the candidates vied in the run-off election in November. At that time, we advised the Council of certain ripple effects of cancelling a June election for a particular seat or seats. Those matters are still relevant and are restated below for the Council’s consideration.
Write-in Candidates
The first ripple effect is the impact on write-in candidacy. Since the June election for District 1 and the City Attorney will not be held, there can be no opportunity for write-in candidates in June. As for November, the Charter, as amended in 2012, does not directly address whether write-in candidates would be permitted in the November run-off election. The plain language of the Charter does, however, clearly indicate that the November election was intended to be a run-off election between the top two vote-getters, only. As such, the City Clerk and the City Attorney agree that overall structure of this system suggests that write-in candidates in November were not intended to be allowed. The City Council could propose a Charter amendment or adopt an ordinance supplementing the Charter if it wishes to address this issue with respect to future elections. Staff may bring this item forward for City Council consideration if a clarifying ordinance becomes necessary.
Campaign Contributions
Another ripple effect that may arise in light of the cancellation of these elections relates to campaign contributions. Chapter 2.52 of the City’s Municipal Code places certain limits on campaign contributions for City election contests. It provides that a candidate may receive up to $330.00 from a person and $1,120 from a Political Party committee (both limits are adjusted biannually) in each of the general and special election contests. It further provides that a candidate may not solicit funds more than eleven months prior to an election contest and may not solicit funds for the special (November) election prior to the holding of the general (June) election. The Code does not address what occurs if the June election is cancelled. Based on this ordinance, the contributions that have been raised by the candidates to-date, could only have been raised for the June election contest. Candidates are permitted to solicit funds from the same source for each election contest. Thus, our interpretation of the ordinance is that the candidates for the cancelled elections should be permitted to solicit funds for the November election contest once the June election is cancelled, even if the source of the funds has already contributed to their campaign. In the future, we will be bringing forward proposals for an updated campaign contribution ordinance for the Council’s consideration which will address this and other issues.
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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City 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. While conducting the election 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
While final election costs will not be known until after the election is conducted, the updated estimate from the Registrar of Voters for the General Election is approximately $200,000 for the positions of Mayor and District 2 City Councilmember, and for the ballot measure. The current budget for the election is $160,000. Staff recommends an appropriation of $40,000 at this time to account for the increased costs. Funds will be identified to offset the costs.
ONGOING FISCAL IMPACT
There are no ongoing costs associated with adoption of this resolution.
ATTACHMENTS
None
Staff Contact: Kerry Bigelow