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HomeMy WebLinkAbout29-City Clerk CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Rachel G. Clark, City Clerk Subject: Discussion and Possible Action concerning calling a Special Election to fill a Vacancy that will occur in the 4th Ward Council seat Dept: City Clerk Date: October 3, 2008 MICC Meeting Date: October 20, 2008 Synopsis of Previous Council Action: 7/10/06: Resolution 2006-237 was adopted accepting the resignation of Third Ward Council Member Gordon McGinnis and calling for a special election in the Third Ward and requesting that the Special election be consolidated with the November 7, 2006 Statewide General Election Recommended Motion: That the City Clerk and City Attorney's Office proceed with preparing the required Resolution(s) to call for a special election to be held in the 4th Ward on Tuesday, March 17,2009, and that such election be conducted by all mail ballot. Further, that the appropriate Resolution(s) be placed on the December 1, 2008 agenda of the Mayor and Common Council. (2~ /J. ~ - Signature Contact person: R""h..1 r. r.1"rk Phnn..' ..yt ~?1n Supporting data attached: Yes Ward: 4th FUNDING REQUIREMENTS: Amount: $39,000 Source: (Acct. No.) 001-032-5502 (A~~t njOo~r.rirtinn) I=lpr.tinn~ (Professional/Contractual Services) Finance: Council Notes: ~i/I.ntS'-Y ~.;2~ /t:?/.Z"'/Od' , Agenda Item No. ~q //-/7-08 --rrv CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Submitted by: Rachel G. Clark, City Clerk Council meeting of October 20, 2008 Subiect: Discussion and Possible Action concerning calling a Special Election to fill the vacancy that will occur in the 4th Ward Council seat Backe:round: Council member Neil Derry was elected to a seat on the San Bernardino County Board of Supervisors and he will be assuming office at noon on Monday, December 1,2008. The vacancy that will be created with the departure of Council member Derry necessitates that a special election be called to fill his unexpired term. Council member Derry's current term expires on March I, 20 I O. Section 14A of the City Charter provides that a vacancy on the Common Council shall be filled for the unexpired term through the election of a successor Council member. Section 2.56.170 of the Municipal Code states that the Mayor and Common Council shall call a special election to be held on a Tuesday, not less than 90 nor more than 180 days following such a call. If the Mayor and Common Council take action at the December 1,2008 Council meeting to call a special election, the window for holding the special election falls between March I, 2009 (90th day) and May 30, 2009 (1 80th day). I recommend that the Mayor and Council consider holding the special election on Tuesday, March 17,2009, and that it be conducted as a mail ballot election. The reason for recommending that the election take place on March 17, is that if the election is called for March 3 or March 10, the nomination period for either of those two election dates would end on Christmas Day and New Year's Day, respectively. Whenever a deadline falls on a holiday, the deadline is automatically extended to the next working day; however, my concern is that given the fact that the nomination period for either a March 3 or March 10 election would fall during the height of a holiday season, it may pose a problem for potential candidates in filing required documents in a timely manner. By holding the special election on March 17, the nomination period would open on Thursday, December 18,2008 (89th day) and close at noon on Thursday, January 8, 2009 (68th day), thereby allowing candidates ample time after the holiday season to file nomination papers, candidate's statements, and other required documents. I would also recommend that the Mayor and Council consider conducting an all-mail ballot election, to be conducted by the County Registrar of Voters' Office; however, we would also I make accommodations to have one or two polling places in the 4th Ward where those voters who prefer to go to a polling place would have the opportunity to do that. The County Registrar of Voters' Office estimates that a mail ballot election would cost approximately $33,300 compared to an estimated $106,000 to conduct an election that would require setting up polling places, hiring poll workers, etc. These estimates do not include costs that would be incurred by this office for publication of election notices, translations, and printing of candidate materials. Given the state of the economy and the City's budget, I believe the City would realize considerable savings if this special election were to be conducted by mail ballots. Coupled with the cost savings that could be realized with a mail ballot election is the fact that voting by mail is increasing in popularity and statistics show that a higher voter turnout is realized. Voters do find it more convenient to vote by mail as they avoid the rush to the polls on Election Day and avoid lines at the polling place, avoid having to drive to their polling place, and they have the convenience of voting in the privacy of their homes. Those who vote by mail can also track delivery of their voted ballot by going to the Registrar of Voters website. By providing one or two polling places in the 4th Ward, those who prefer the traditional method of voting would be able to go to a polling place or could go to the County Registrar of Voters Office to cast their ballot. Staff and I have met with the Registrar of Voters and her staff and she sees no reason why the canvass of the special election, ifit were to occur on March 17,2009, could not be completed soon after the election, thereby giving the new-elected Council member the opportunity to be sworn into office on Monday, April 6, 2009. I have placed this item on today's agenda so that the Mayor and Council can provide this office with direction on how to proceed with planning for the special election. With reduced staffing levels and the need to provide potential candidates with an election calendar and information concerning nomination period, etc., it would assist us to know, with as much advance notice as possible, what your preference is on the matter of holding the election and when it should be held. I should also note that there is speculation that the Governor may call a special election in either March or June of2009. Should he call an election for March, there may be an opportunity to consolidate our special election with a statewide election and it would reduce our costs even further. I did place a call to the Governor's Office on October 2 to try to determine whether or not such an election might be taking place; however, no one on his staff had any information to share about a possible election and the general feeling among the Registrar's staff is that he will not call a special election for March. Given the uncertainty of not knowing whether or not there will be a statewide election in March, I would like to request that the Mayor and Council approve our request to hold the special election on March 17, 2009, and that it be conducted by mail ballot election and further direct 2 that together with the City Attorney's Office we prepare the necessary Resolutions for the December 1,2008 meeting of the Mayor and Council. Financial Impact: $39,000 for a mail ballot election and $111,000 for a traditional, polling place election. Funds were allocated in the FY 08/09 budget for an anticipated election in November 2008; however, such an election was not called. Consequently, there are funds available in the City Clerk's Elections Division to pay for the cost of this required special election. Recommendation: Motion: That the City Clerk and City Attorney's Office proceed with preparin~ the required Resolution(s) to call for a special election to be held in the 4' Ward on Tuesday, March 17,2009, and that such election be conducted by all mail ballot. Further, that the appropriate Resolution(s) be placed on the December 1,2008 agenda of the Mayor and Common Council. 3 CITY OF SAN BERNARDINO CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM FROM: Honorable Mayor and Members of the City Council Rachel G. Clark, City C~ ~ October 20,2008 )j. TO: DATE: RE: Agenda Item #26 concerning special election in the Fourth Ward COPIES TO: City Manager Mark Weinberg, City Attorney James F. Penman; Assistant City Manager Lori Sassoon; Deputy City Clerks Hartzel, Ochiqui, and Sutherland For your discussion of agenda item 26 on today's agenda, I thought it might be helpful to provide you with the attached statistical information concerning our current number of registered voters not only in the Fourth Ward, but for the City as a whole. Attachment A provides you with a breakdown of registered voters in each ward as well as the number of permanent vote by mail voters, formerly called absentee voters. The 4th Ward has the second highest number of registered voters (13,393) as of October 13, 2008 and the highest number of permanent vote by mail voters (4,785). Attachment B provides statistics, covering a span of ten years, that show the percentage of voters who voted at the polls versus the percentage of those who voted by absentee mail, now called vote by maiL As the bar graph clearly shows, the number of voters who opted to vote by mail increased dramatically from 1997 to the November 2007 election. Attachment C provides you with a more complete comparison of voter turnout at the polls versus absentee/vote by mail. Attachment D shows the voter turnout in our neighboring City of Riverside where they have held mail ballot elections for a number of years. I hope this information will be helpful to you; however, please do not hesitate to let me know if you have any questions. o o o l TOTAL NUMBER OF REGISTERED VOTERS IN THE CITY OF SAN BERNARDINO (as of 10/13/08) # of Registered # of PVBM* Voters Voters Percentaoe Ward 1 7,747 1,635 21.10% Ward 2 8,204 1,875 22.85% Ward 3 8,631 2,413 27.96% Ward 4 13,393 4,785 35.73% Ward 5 13,876 3,958 28.52% Ward 6 9,642 2,181 22.62% Ward 7 11,527 3,533 30.65% TOTALS: 73,020 20,380 27.91% . PVBM = Permanent Vote By Mail 16,000 14,000 !II 12,000 ... CIl - o > 10,000 "0 l!! S 8,000 .!!! Cl 8!. 6,000 0# of Registered Voters II # of PVBM .... 0 .. 4,000. 2,000 0 1 345 WARD 6 7 2 ~A A- , , / ",/, " It, f' o o o e 'E I/) III .!:! EUi G); m III - e(/) Ill_ (/) 0 ....= o III >om - (3 o '5 _ 0 ::J I: o ~ E ::J ::J l- I-::;; Q) CD <> > tIl _ a: Q) Q) g'c .- Q) = V) o .0 D.. <( - - o 0 Q) Q) '" '" tIl tIl C 1: Q) Q) ~ ~ Q) Q) D.. D.. o il .. o. 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'" '" '" '" u ~ ;?; ;?; ~ ;?; ;?; ~ ;?; ;?; ;?; < f-< ;?; ;?; ;?; ;?;- "0 "0 "0 >> >> >> '" - ..c '" Vi ..c '" - ..c "E - - - "E ..c ..c ..c :;; '" = - :;; c - ~ '" c - i:J i:J i:J - \i5 - - N ~ - N ~ - N ~ M M '" r- r- e - e '" e \0 '" r- e '" '" '" 'C '" a, E 0 E 0 E 0 0 E '" a, 0 0 0 " 0 - - 'C N 'C N 'C N Co N 'C .. 0 P- o P- o P- o C/l 0 P- ~ \0 00 r- \0 Q 0 vi 0 vi 0 vi 0 vi 0 vi 0 . 0 0 0 - c - c - c - c - c - 0 - 0 - 0 - 0 - 0 u u u u u .;; :;; >. "l '" - o > II :;; "l > ~ o o o .~ VOTER TURNOUT 1990 TO 2008 -..,.-- .. .. ELECTION DATE TYPE OF ELECTION VOTER TURNOUT 1-9-1990 Mayor, Wards 4 and 6 - Runoffs 20.0% - Mayor Mail-in Ballot 40.0% - Ward 4 17.9% - Ward 6 6-5-1990 Ward 7 - Special Election 30.9% 7 -24-1990 Ward 7 - Runoff 14.1% Mail-in Ballot 21.1% - Ward 1 11-5-1991 Wards 1, 3, 5, 7 23.7% - Ward 3 21.1 % - Ward 5 19.8% - Ward 7 1-14-1992 Ward 3 - Runoff 14.1% Mail-in Ballot 34.4% - Mayor/Charter Mayor; Wards 2, 4, 6; Charter Review Review Committee 11-2-1993 31.6%.. Ward 2 Committee (Measure J) 45.0% - Ward 4 26.8% - Ward 6 1-11-1994 Mayor, Ward 2 - Runoffs 22.3% - Mayor Mail-in Ballot 19% - Ward 2 6-7-1994 Ward 1 Vacancy 37.1% Public Safety Measure 11-8-1994 (consolidated with State-wide 60.2% election) 16.9% - Charter 11-7-1995 Wards 1, 3, 5, 7, Charter Amendment 15.9% - Ward 1 16.2% - Ward 3 20.9% - Ward 5 21.5% - Ward 7 1 ITZu /o/<a/()JI Q~ j;) o o o . .. ELECTION DATE TYPE OF ELECTION VOTER TURNOUT 1-9-1996 Ward 7 - Runoff 32.9% Mail-in ballot Measure EE- Street Light Assessment 6-17 -1997 District 31.2% Mail-in Ballot 25.4% - Mayor 11-4-1997 Mayor; Wards, 2, 4, 6 27.6% - Ward 2 36.1 % - Ward 4 17.3% - Ward 6 1-13-1998 Wards 4, 6 - Runoff 36.9% - Ward 4 Mail-in Ballot 18.6% - Ward 6 20.6% - Ward 1 11-2-1999 Wards 1, 3, 5, and 7 22.5% - Ward 3 21.2% - Ward 5 18.0% - Ward 7 Wards 5, 7- Runoff 33.0% - Ward 5 1-11-2000 Mail-in Ballot 33.1% - Ward 7 27.09% - Mayor 11-6-2001 Mayor; Wards 2, 4, 6 26.71% - Ward 2 38.05% - Ward 4 17.39% - Ward 6 1-15-2002 Wards 4, 6 - Runoff 45.5% - Ward 4 Mail-in Ballot 23.9% - Ward 6 Library Bond Measure C 3-5-2002 (consolidated with State-wide 29.78% election) Charter Amendments - Measures Q, 11-5-2002 R, and S (consolidated with State- 43.47% wide election) 2 o o o ., . .' ,..~- .. ELECTION DATE TYPE OF ELECTION VOTER TURNOUT . . - - r<-' . '--." .-,,. . "-~". - . , . y. - _, 4 ,- 21.28% - Measure G 11-4-2003 Wards 1,3, 5, 7, Measure G 25.74% - Ward 1 28.22% - Ward 3 20.01 % - Ward 5 20.30% - Ward 7 1-13-2004 Wards 1, 3, 7 - Runoff 36.9% - Ward 1 Mail-in Ballot 36.6% - Ward 3 32.8% - Ward 7 Charter Measures BB, CC, DD, EE, 11-2-2004 FF, GG, HH, II, JJ, KK, LL, and MM 72.01 % (Consolidated with State-wide election) 45.14% - Mayor 11-8-05 Mayor; Wards 2, 4, and 6 41.88% - Ward 2 51.45% - Ward 4 39.14% - Ward 6 1-17-06 Wards 2 and 4 - Runoff 20.62% - Ward 2 Mail-in Ballot 19.78% - Ward 4 11-7-06 Measure L 49.27% 35.9% - Ward 1 6-5-07 Wards 1, 3, 5, and 7 39.5% - Ward 3 Mail-in Ballot 37.9% - Ward 5 28.1% - Ward 7 32.10% - Ward 1 11--6-07 Wards 1, 3, 5, and 7 - Runoff 32.41% - Ward 3 28.38% - Ward 5 21.43% - Ward 7 2-5-08 Measure A 55.5% g:\c1k\election\turnout 3 CITY OF SAN BERNARIDNO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE DATE: Honorable Mayor and Members of the Common Council Rachel G. Clark, City CIAf1() ,jJJJ ~ l:K'fj'C November 14,2008 TO: FROM: RE: November 17,2008 Agenda Item #29 concerning Special Election to fill 4th Ward Council seat At the Council meeting held on October 20, there was consensus that the special election to fill the vacancy that will be created by the departure of Council member Derry should take place on March 17, 2009; however, no clear direction was given on whether that election should be conducted by all mail ballot or in the traditional manner with polling places. Although action calling for the special election cannot take place until December I when the Fourth Ward seat will be vacated, I am hoping that you will give us direction at the November 17 Council meeting on how you would like to have that election conducted. I have met with Sf. Asst. City Attorney John Wilson and draft resolutions have been prepared for your consideration at the December I Council meeting. On November 13, Deputy City Clerk Sutherland and I met with Registrar of Voters Kari Verjil and members of her staff to review the steps required to conduct the election by all mail ballots and we are prepared to go in that direction should the Council opt for that. I should point out that if the election is to be conducted by all mail ballot, the following will take place: o All registered voters in the 4th Ward will be mailed sample ballots and their ballot and return envelope 29 days before the election, i.e., February 16. o Ballots returned by mail will go directly to the Registrar of Voters' Office. o On Election Day, March 17,2009, if a voter has not already mailed hislher voted ballot, they may go to a polling place that will be designated in the 4th Ward or they may go to the Registrar of Voters' Office or to the City Clerk's Office, to return the ballot. To address the concern for those voters who may not realize until Election Day that they have either lost or perhaps never received their vote-by-mail ballot, on Election Day they will be able to go to one of the three sites, i.e., 4th Ward polling place yet to be determined, City Hall, or the Registrar of Voters' Office, to have a ballot issued. With regard to selecting the polling location for the 4th Ward, we are looking at such factors as the polling place that has historically had the highest voter turnout, location, and accessibility. We have updated the statistics on the total number of registered voters in the City of San Bernardino and that information is attached to this memo. We are working closely with the Registrar of Voters' Office to ensure all appropriate security measures are in place and feel confident that we can conduct a successful mail ballot election. I will be happy to address any questions you may have concerning this matter. TOTAL NUMBER OF REGISTERED VOTERS IN THE CITY OF SAN BERNARDINO (as of 11/10/08) # of Registered # of PVBM* Voters Voters PercentaQe Ward 1 8,143 1,814 22.28% Ward 2 8,614 2,058 23.89% Ward 3 9,123 2,652 29.07% Ward 4 13,928 5,107 36.67% Ward 5 14,749 4,356 29.53% Ward 6 10,225 2,447 23.93% Ward 7 12,088 3,814 31.55% TOTALS: 76,870 22,248 28.94% . PVBM = Permanent Vote By Mail 16,000 14,000 l!! 12,000 .. - ~ 10,000 '0 ell ~ .!l 8,000 .!!! Cl &1 6,000 ... o 'It 4,000 0# of Registered Voters 13# of PVBM 2,000 o 1 2 345 WARD 6 7