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Home My WebLink About41-City Clerk MAYOR & COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MEETING BACKUP MEETING DATE: May 15, 2006 DEPUTY: Linda Hartzel ITEM NO. STATUS 24 Continued to June 5, 2006 25 Continued to June 5, 2006 33 Laid over to June 5, 2006 38 Continued to November 20, 2006 41 Laid over to June 5, 2006 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Rachel G. Clark, City Clerk Subject: Ordinance of the City of San Bernardino Amending Chapter 2.56 of the San Bernardino Municipal Code relating to Special Elections Dept: City Clerk Date: May 5, 2006 MICC Meeting Date: May 15, 2006 Synopsis of Previous Council Action: 6/7/93 Ordinance MC-8?? was approved amending Section 2.56.170 and adding Section 2.56.171 relating to calling a special election and the date such election shall be held. 9/7176 Ordinance No. 3601 was adopted amending Ordinance No. 2048 entitled in part "An Ordinance... providing for... procedures; conforming to Charter Section 122, as amended; recognizing changes in the Election Code; and providing for the calling of Special Elections Recommended Motion: That the Ordinance be laid over for final adoption. ~~~-~ / /;J, ~^---k_ Signature Contact person: Rachel G. Clark. City Clerk Phone: 384-5002 Supporting data attached: Yes Ward: Citywide FUNDING REQUIREMENTS: Amount: Source: (Accl. No.) (Accl. Descriotion) Finance: Council Notes: Agenda Item No. 4/ 5 -} 5 - or; CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Date: To: From: Subject: May 8, 2006 Honorable Mayor and Members of the City Council Rachel G. Clark, City Clerk Ordinance of the City of San Bernardino Amending Chapter 2.56 of the San Bernardino Municipal Code Backl!round: San Bernardino Municipal Code Section 2.56.170 outlines the process for calling of a special election and it states that if the Mayor and Common Council calls a special election that it shall be held on a Tuesday, not less than ninety (90) nor more than one hundred thirty-five (135) days following such call. It also allows such a special election to be held on the same date as an established election date set by Section 10 of the City Charter or the Elections Code. Prior to 1979, the City Charter permitted an appointment to fill a vacancy on the City Council; however, as a result ofa Charter Amendment approved in 1979, Section 14-A of the Charter requires that an election be held to fill the vacancy. That provision still stands in the City Charter that became effective on March 6,2006. In 1993, Tom Minor, who was serving as Fifth Ward Councilman, was elected Mayor. As a result of that election, the Fifth Ward Council seat became vacant on June 7,1993. Due to the change in Charter Section 14-A, the City Council could not fill the vacancy through an appointment and if the voters were to wait until the next General Election, they would be without representation for over five months. Consequently, it was recommended that the Council adopt an ordinance that would allow them to call a special election not less than 90 days nor more than 135 days following a vacancy and it also allowed such an election to be held on the same date as an established election date set by Section 10 of the City Charter or the Elections Code. In a companion agenda item, the City Council is being asked to receive and file a Certificate of Sufficiency for the Initiative Petition filed by Joseph Turner. Following City Charter Section 120, the City Council will either have to adopt the proposed ordinance, without alteration, or call for a special election. Should the City Council vote to call for a special election, the 90- to 135-day window would be either between August 13,2006 (90'h day) and September 27,2006 (135th day) if the election were to be called on May 15,2006, or between September 3,2006 (90th day) and October 18, 2006 (135th day) if the election were to be called at the next Council meeting on June 5, 2006. If the City Council were to expand the window for holding a special election to conform with the time frames provided in Elections Code Section 1405, the Council would then have the opportunity to consolidate the Special Election with the November 7, 2006 Statewide General Election. I Elections Code Section 1405 (2) states: "When it is legally possible to hold a special election on an initiative measure that has qualified pursuant to Section 9116, 9214, or 9310 during the period between a regularly scheduled statewide direct primary election and a regularly scheduled statewide general election in the same year, the election on the initiative measure may be held on the same date as, and be consolidated with, the statewide general election. " The proposal to amend Municipal Code Section 2.56.170 (Special Elections), as suggested herein, has been discussed with the City Attorney's Office; however, it is still under legal review. If it is legally possible to adopt the proposed amendment to Ordinance MC-877 and the City can consolidate a special election with the November 7, 2006 Statewide General Election, it would save the City over $250,000. A stand-alone Special Election could be conducted at a minimum cost of nearly $300,000. Whether or not it will be legally possible to implement the proposed changes for a special election, should one be called, it is recommended that the proposed amendment to the ordinance be approved so that in the future we will have the ability to consolidate special elections for a municipal initiative with a statewide general election. In addition to the cost factor, another factor to consider is the proximity of a stand-alone election to both the June 6, 2006 Statewide Primary and the November 7, 2006 Statewide General Election. A stand-alone Special Election would mean voters would face three elections in a six month period. County Registrar of Voters Kari Verjil advises that conducting a Special Election after September 19, 2006 cannot be accomplished without negatively impacting the Registrar of Voters. For example, in order to prepare for the November Statewide General Election, the Registrar's Office must program and test 4,000 touch screen voting units, train 2,500 poll workers, prepare sample ballots for 750,000 voters, mail absentee ballots to 160,000 voters, and process returned absentee ballots. If a special election is to be called, the Registrar of Voters Office indicates they could conduct such an election on either Tuesday, September 12,2006 or Tuesday, September 19, 2006. The Registrar of Voters supports the City Clerk's recommendation that we follow California Elections Code 1405 that allows cities to consolidate special elections on the same day as the Statewide General Election and she has sent a letter, copy of which is attached, stating her support for the proposed amendment as well as providing cost estimates for various elections. Financial Impact: Estimated $250,000 savings if proposed amendment is approved allowing the City to consolidate a special election with a statewide general election and an estimated $300,000 in costs if the City is required to conduct a stand-alone special election. Recommendation: That the ordinance be laid over for final adoption. 2 mEss! RialloAvenue.San 8emartino, CA 92415-0770. (909)387-8300 Fax (909) 387.2022 COUKTY OF SAN BERNARDINO PlJBLlC AND SUPPORT SERVICES GROUP REGISTRAR OF VOTERS KariVefjI Registrar of Voters May 8, 2006 Rachel G, Clark, City Clerk City of San Bernardino P.O. Box 1318 San Bernardino, CA 92402 Dear Rachel: This letter is in response to your May 3, 2006 request for election cost estimates. The following election estimates are being provided to assist you with your budget planning: Election Estimate for One Measure: November 7, 2006 Statewide General Election: $46,000.00 $35,000.00 $273,800.00 June 6, 2006 Statewide Direct Primary Election: September 19, 2006 Special Election: Please be advised that conducting a Special Election after September 19, 2008 cannot be accomplished without negatively impacting the Registrar of Voters. In order to prepare for the November Statewide General Election, the Registrar of Voters office must program and test 4,000 touch screen voting units, train 2,500 poll workers, prepare sample ballots for 750,000 voters, mail absentee ballots to 160,000 voters, and process retumed absentee ballots. As previously discussed, the Registrar of Voters supports the city clerk's recommendation to follow California Election Code 1405. This section allows cities to consolidate spedal elections on the same day as the Statewide General Election. Important: Please be advised that the figures provided above are estimates and do not include the cost for sample ballot pages that contain the impartial analysis, arguments, and additional information that the city includes in the sample ballot. The city will be charged according to actual costs. As Always, please feel free to call me at (909) 387-2083, if you need additional information. Sincerely, 1;~lfiL Registrar of Voters County of San Bemardino MARK UFFER County Administrative Officer NORMAN A KANOLD Assistant Countv Administrator Board of Supervisors BILL POSTMUS, Chair n. . First District DENNIS HANSBERGER.. . . ...Third District PAUL BlANE, Vice Chair. ..._..,_, Second District GARY C. OVITI... .. ..... Fourth District JOSIE GONZALES. d. .. .Fifth Dislrict 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.56.170 OF THE SAN BERNARDINO MUNCIPAL CODE RELATING TO THE CALLING OF A SPECIAL ELECTION THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 2.56.170 of the San Bernardino Municipal Code is hereby amended to read as follows: "2.56.170 Special Elections The Mayor and Common Council shall call a special election to be held on a Tuesday, not less than ninety (90) nor more than one hundred eighty (180) days following such call. If an established election date set by Section 10 of the Charter of the City of San Bernardino falls within that time period, such special election shall be held on that date. Two or more special elections of the City may be combined into one election. When it is legally possible to hold a special election on an initiative measure that has . qualified pursua~t to the City Charter Section 120, such special election shall be held in accordance with Elections Code Section 1405. If the special election is held to fill a vacancy on the Council it shall be called within thirty (30) days after such vacancy. In such cases, the election shall be held not less than ninety (90) nor more than one hundred eighty (180) days following such vacancy. Any such special election so called shall be held in compliance with the provisions of the Charter and applicable ordinances of the City. Unless the election is not held as provided in Section 2.56.175, the candidate receiving the plurality of votes cast at such special election shall be elected to fill the vacancy. " ;J/4! :)-/5--0/:> III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.56.170 OF THE SAN BERNARDINO MUNCIPAL CODE RELATING TO THE CALLING OF A SPECIAL ELECTION I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2006, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing ordinance is hereby approved this day of 2006. Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: