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October 17, 2023
ITEM TITLE
City Election: Call an Election on March 5, 2024, to Conduct a Primary Election for City Councilmembers for Districts 3 and 4 and a Special Runoff Election for City Attorney, and Adopt Regulations for Candidate Statements
Report Number: 23-0217
Location: No specific geographic location
Department: City Clerk
Environmental Notice: This 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.
Recommended Action
Adopt resolutions A) Calling a n election on March 5, 2024, for the purposes of conducting a primary municipal election for two City Councilmembers, representing Districts 3 and 4, and a special runoff election for City Attorney, consolidating the election with the statewide election , and requesting the Count y of San Diego Board of Supervisors to permit the Registrar of Voters to perform certain services for the conduct of the election; and B) Adopting regulations for candidate statements of qualifications.
SUMMARY
Approval of the item will call for munici pal elections to be held on March 5, 2024 , for the purposes of 1) holding a primary municipal election to determine which candidates will be the runoff candidates in the November 2024 general election for the two City Councilmembers who will represent Districts 3 and 4; and 2) holding a special runoff election for the top two candidates in the November 2023 special election to elect a City Attorney. Approval of the item will also establish regulations related to candidate statements.
ENVIRONMENTAL REVIEW
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; P a g e | 2
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/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
Primary Election for City Councilmembers for Districts 3 and 4 The District 3 and District 4 City Councilmember seats will be voted on in 2024 to fill each seat for a full, four- year term commencing in December 2024. The Chula Vista Charter requires that primary municipal elections be scheduled in conjunction with statewide primary elections. The next statewide primary election will be held on March 5, 2024. Pursuant to Charter section 901, the two candidates for each seat who receive the highest and second highest number of votes cast in the March election will be the candidates in a runoff election to be held on November 5, 2024. For regular elections, t he Charter requires a runoff, even if one candidate receives more than 50% of the votes cast in the primary election.
If only two qualified candidates file nomination papers to participate in the primary municipal election for a particular seat, no March election will be held for that seat, and the two candidates will be the candidates at the runoff election in November.
The period for filing nomination documents for the March 2024 primary election is November 13 through December 8, 2023, during normal office hours, as posted, of the Office of the City Clerk.
Special Runoff Election for City Attorney
A special election will be held on November 7, 2023, to fill the City Attorney vacancy for a short term, expiring in December 2026. The City Charter only requires a runoff for a special election to fill a vacancy if no candidate receives more than 50% of the votes cast in the special election. Because the special election has not yet occurred, it is uncertain at this time whether a special runoff election will be required, as more fully explained in the item presented to the City Council on September 19, 2023.
Because of deadlines associated with the election, staff recommends the special runoff election be called now since the City Council wishes to consolidate a potential special runoff election with the March 2024 election.
If, upon certification of the November 2023 election results, a candidate has been determined to have received a majority of the votes cast, a special runoff election will not be required. A resolution would be presented to the City Council to cancel the March 2024 special runoff election.
Request for Consolidation
California Elections Code section 10403 requires the City Council to adopt a resolution requesting the Board of Supervisors to consolidate Chula Vista’s primary and special runoff election with the statewide general election and to permit the Registrar of Voters to perform certain services in conjunction with the City’s election.
Regulations for Candidate Statements of Qualifications
California Elections Code section 13307 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 P a g e | 3
to submit a candidate statement of no more than 200 words. Candidates who choose to file a candidate’s statement will be required to pay a deposit at the time their statements and nomination papers are filed with the City Clerk. Should the actual cost be less than the amount of the deposit, the balance will be refunded to the candidates, and should the actual cost be more , candidates will be billed for the difference. The regulations adopted would apply to candidates in the primary election and the special runoff election.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real prope rty holdings of the City Councilmembers do not create 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, or any other fact that may constitute a basis for a decision- maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The primary election for the two Councilmember seats is estimated to cost $130,000. The special citywide runoff election for the City Attorney is estimated to cost $280,000, based on an updated estimate from the Registrar of Voters.
Between funds budgeted as part of the Fiscal Year 2023 -24 annual budget process and anticipated savings from the November 2023 special election, the existing budgeted funds will be sufficient to cover the primary and special runoff election.
The estimates are the best available at this time, as provided by th e Registrar of Voters. Actual costs may vary. County of San Diego Administrative Code Section 439.1 requires that the City provide a deposit of the estimated election cost at least 60 days before the election. Upon the Registrar’s reconciliation, typically within six months of the election, a final bill (if costs were higher than anticipated) or a refund (if costs were lower than anticipated) is issued to the City.
ONGOING FISCAL IMPACT
There are no ongoing costs associated with conducting the election.
ATTACHMENTS
None.
Staff Contacts: Cristina Hernandez, CMC, Deputy Director of City Clerk Services Kerry K. Bigelow, MMC, City Clerk