Title
CONTINUED FROM MARCH 16, 2021 - It is recommended that the Board of Supervisors:
1) Consider whether to hold an election for a directly elected Board of Directors either in November 2021 or November 2022;
2) If held in November 2021, adopt a resolution directing the Registrar to conduct the election as more fully described in the staff report.
3) If held in November of 2022, adopt a resolution declining a November 2021 election and directing staff to return with a procedure and/or options for a November 2022 election.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
1) Consider whether to hold an election for a directly elected Board of Directors either in November 2021 or November 2022;
2) If held in November 2021, adopt a resolution directing the Registrar to conduct the election as more fully described in the staff report.
3) If held in November of 2022, adopt a resolution declining a November 2021 election and directing staff to return with a procedure and/or options for a November 2022 election.
SUMMARY/DISCUSSION:
This item came before the Board on March 16, 2021 and it was continued to a date uncertain to allow staff an opportunity to respond to questions from several supervisors and EGCSD Advisory Committee members. (See March 16, 2021 Board Report as Attachment A and Detailed Background and Discussion as Attachment B) A question arose as to whether the election should be set in November 2022, rather than November 2021, to reduce cost and increase voter participation by consolidating with the State general elections. Staff was specifically requested to determine whether the California Voters Participation Rights Act of 2015 (CVPRA) required consolidation with State general elections, in consultation with the ED.
The CVPRA specifically states that it does not apply to special elections; the EGCSD independence elections are special elections, and therefore the CVPRA does not apply to the independent election itself. The ED was consulted regarding this matter and while it concurs that the CVPRA does not require holding the election in November 2022, it recommended that the election be held in November 2022, to avoid potential confusion with the gubernatorial recall election that is anticipated to be scheduled in November or early December of 2021. Further, the ED recommends that should EGCSD move to an elected board, regularly scheduled government board member elections be consolidated with statewide general elections to be in line with the CVPRA and reduce the overall cost of elections to EGCSD.
When the State Legislature authorized the creation of the EGCSD, it allowed the BOS to serve as its initial BOD. The State Legislature required that the BOS call for an election to determine if the voters within EGCSD wished to establish an independent board when certain triggers were met, including the passage of ten (10) years after its formation, and when the ED certified that 500 voters were registered within EGCSD. Attachment C provides a detailed timeline of this matter.
Government Code Section 61029.5 states “The Board of Supervisors of the County of Monterey shall adopt a resolution, placing the question of having an elected board of directors on the ballot when any of the following occurs…”. Elections Code Sections 1000 and 1500 provides a list of established election dates, to include March and November in odd-numbered years, with additional dates in May and August for solely mail-in ballot elections. (Attachment D)
California Special Districts Law (CSDL) requires elections be held in odd-numbered years. The Board can set the election date in 2022; however, either the by-laws of EGCSD BOD must be amended to provide the initial terms be one (1) and three (3) years rather than two (2) and four (4), in order to align general EGCSD BOD elections with odd-numbered years as required by CSDL or the BOS must determine that general EGCSD BOD elections be held on and consolidated with the statewide general election held in even-numbered years. Attachment E provides a detailed County Counsel May 11, 2021 Memorandum.
The EGCSD Advisory Committee provided a letter with their preference for an election in November of 2022 and take the necessary procedural steps to establish permanent even-year elections for an independently elected board when the community votes for independence. (Attachment F)
If the independence election is held and approved by voters in November 2021, the independently elected EGCSD BOD could later petition to request the County to postpone Board elections to the following even numbered year, which extends the term of the directors, who would be up for reelection, for no more than one (1) year. (Attachment G-Elections Code Section 10404)
The BOS is asked to adopt a resolution directing the ROV to take all steps necessary to conduct a special election for EGCSD on November 2, 2021; or decline a November 2, 2021 special election and direct staff to come back with the procedure and/or options for a November of 2022 election, in accordance with law and as delineated in the EGCSD BOD adopted resolution. (Attachment H-EGCSD BOD Resolution November 2, 2021 Election or Attachment I-EGCSD BOD Resolution Decline November 2, 2021 Election)
OTHER AGENCY INVOLVEMENT:
CC will prepare an impartial summary of the ballot measure upon Board direction. The County Administrative Office supports the proposed resolution, and the ED has reviewed this staff report and affirmed the accuracy of representations regarding their position.
FINANCING:
EGCSD will reimburse the ED for all costs associated with conducting the proposed special or general election. The ROV estimates the cost of a Vote-By-Mail (VBM) Ballot Measure for approximately 1,267 registered voters at $45,000. To date, ED has incurred $5,019.46 in expenses preparing for a May 2021 election, of which $3,329.57 is for services that cannot be used, and $1,689.89 is for services that can be used for a 2021 postponed election which would be deducted from the total estimated cost. The Fiscal Year 2021-2022 or 2022-2023 Budget to be developed will include the cost of holding this election as there are sufficient funds available in the uncommitted fund balance for EGCSD, Fund 181, Appropriation Unit RMA106, to reimburse staff costs and ED costs associated with conducting a VBM Ballot special election and the ROV certifying its results. This funding is derived from a special tax imposed upon residential properties within East Garrison.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
Holding an election to determine if EGCSD shall have an independently elected BOD supports the BOS’ Strategic Initiatives for Administration due to an election being required by law and therefore supports the administration of government functions.
Economic Development
X Administration
Health & Human Services
Infrastructure
Public Safety
Prepared by: Dawn Yonemitsu, Management Analyst II (831) 755-5304
Reviewed by: Dalia Mariscal-Martinez, Management Analyst III
Reviewed by: Shawne E. Ellerbee, Assistant Director of Public Works, Facilities, & Parks
Approved by: Randell Ishii, MS, PE, TE, PTOE, Director of Public Works, Facilities, & Parks
The following attachments are on file with the Clerk of the Board:
Attachment A-March 16, 2021 Board Report
Attachment B-Detailed Background and Discussion
Attachment C-Detailed Timeline
Exhibit 1-Statement of Registration Certification
Exhibit 2-BOS Adopted Resolution No. 20-305
Exhibit 3-BOS and EGCSD BOD Adopted Resolution No. 21-027 and 21-095
Exhibit 4-Community Services District Law Section 61042
Attachment D-Senate Bill 1092- Section 61029.5
Attachment E-County Counsel May 11, 2021 Memorandum
Attachment F- EGCSD AC November 2022 Election Preference Letter
Attachment G-Elections Code 10404
Attachment H-EGCSD BOD Resolution November 2, 2021 Election
Attachment I-EGCSD BOD Resolution Decline November 2, 2021 Election
Attachment J-Draft BOS Resolution November 2, 2021 Election
Attachment K-Draft BOS Resolution Decline November 2, 2021 Election