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2020/06/29 City Council Agenda Packet"We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." ROHNERT PARK CITY COUNCIL, ROHNERT PARK FINANCING AUTHORITY (RPFA), SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING NOTICE AND AGENDA NOTICE IS HEREBY GIVEN THAT A SPECIAL MEETING will be held on Monday, June 29, 2020 Open Session: 5:00 PM *COVID-19 NOTICE* Consistent with Executive Orders No. N-25 -20 and No. N-29-20 from the Executive Department of the State of California and the Sonoma County Health Official’s March 17, 2020 and March 31, 2020 Shelter in Place Orders, the City Council Meeting will not be physically open to the public and City Councilmembers will be teleconferencing into the meeting via Zoom Video Communications software. How to observe the Meeting: To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting on Cable Channel 26 or by visiting meeting central on our website https://www.rpcity.org/city_hall/city_council/meeting_central How to submit Public Comment: Members of the public may provide public comment by sending comments to the Clerk by email at publiccomment@rpcity.org Comments are requested by 3:00 p.m. on the day of the meeting, but can be emailed until the close of the Agenda Item for which the comment is submitted. Email comments must be related to item 2.A. ONLY and should be a maximum of 350 words, which corresponds to approximately 3 minutes of speaking time. The comments will be read for the record, with a maximum allowance of 30 minutes of total public comments, subject to the Mayor’s discretion. Comments not pertaining to this agenda item will not be read for the record. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read for the record or considered in connection with the agenda item. American Disability Act Accommodations: Any member of the public who needs accommodations should email the ADA Coordinator at vperrault@rpcity.org or by calling 707- 588-2221. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Information about reasonable accommodations is available on the City website at https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources City Council/RPFA agendas and minutes may be viewed at the City's website: www.rpcity.org. PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code Section 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY JOINT SPECIAL MEETING - CALL TO ORDER/ROLL CALL (Adams_____Belforte_____Stafford_____Mackenzie_____Callinan_____) 2. AGENDA ITEMS 2.A Adoption of Resolution 2020-064 Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statements Submitted to the Voters at an Election to be Held on November 3, 2020 A. Staff Report B. Public Comment C. Council motion/roll call vote (Adams_____ Belforte_____ Stafford_____ Mackenzie _____Callinan______) Item 2.A. 3. ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, please refer to page 1 for more details on submitting a public comment. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. AGENDA REPORTS & DOCUMENTS: Electronic copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection on https://www.rpcity.org/city_hall/city_council/meeting_central. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection on our website following the meeting. CERTIFICATION OF POSTING OF AGENDA I, Sylvia Lopez Cuevas, Assistant City Clerk, for the City of Rohnert Park, declare that the foregoing agenda was posted and available for review on June 26, 2020, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org. Executed this 26 day of June, 2020 at Rohnert Park, California. Sylvia Lopez Cuevas Office of the City Clerk ITEM NO. 2.A. Meeting Date: June 29, 2020 Department: City Clerk’s Office Submitted By: JoAnne Buergler, City Clerk Prepared By: Sylvia Lopez Cuevas, Assistant City Clerk Agenda Title: Adopt a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statements Submitted to the Voters at an Election to be Held on November 3, 2020 RECOMMENDED ACTION: Adopt a resolution adopting regulations for candidates for elective office pertaining to Candidates’ Statements submitted to the voters at an election to be held on November 3, 2020. BACKGROUND: On January 1, 2018, the City of Rohnert Park entered into an agreement for election services with the County of Sonoma, which continues through December 31, 2022. The nomination period for City Council candidates for the November 3, 2020, Municipal Election opens on July 13, 2020, and closes on August 7, 2020. City Council must establish City policy regarding the length (number of words) on the voluntary Candidates’ Statements of Qualifications. It also will set policy as to who shall pay for the printing of the candidates’ statements in the Voter Information Guide(s). The policy must be adopted at before the opening of the nomination period, which is July 13, 2020 but this policy cannot be revoked or modified after the seventh day before the opening of the nominating period. Traditionally Council has adopted the policy at the same meeting in which the election is called– the first or second meeting in June. On May 26, 2020, the Council discussed City policy regarding the length (number of words) of the Candidates’ Statements of Qualifications (SOQ) as well as policy as to who shall pay for the printing of the candidates’ statements in the Voter Information Guide(s). At that meeting, a majority of Council directed staff to bring back a resolution to adopt regulations that continue the established 200 word limit which is in alignment with the limits established with the County and allow the City to pay for the printing of a Candidate’s SOQ in English and Spanish because this may reach more of the Rohnert Park community. Although this item was on the City Council agenda for the June 23, 2020 Council meeting, two Councilmembers indicated that they needed to recuse themselves from making or participating in the decision. However, since one Councilmember was absent on June 23, 2020, there was less than a quorum of the Council present to vote on the item and thus this item was continued. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 2.A. ANALYSIS: Staff has prepared a resolution based upon the direction received from Council on May 26, 2020. As mentioned above, City Council must establish City policy regarding SOQ and payment for the printing of the candidates’ statements in the Voter Information Guide(s) before the nomination period opens (Elections Code Section 13307(f)) Traditionally Council has adopted the policy at the same meeting in which the election is called; however, due to a lack of quorum at the City Council Meeting of June 23, 2020, this resolution was not considered. If adopted, a copy of the resolution setting forth the City’s policy on Candidates’ Statements of Qualifications and payment for printing will be provided to each candidate. Any City Councilmember who may be a candidate in November 2020 should recuse himself or herself from voting on the resolution pertaining to the costs of printing the Candidate’s Statement since the resolution could have a “personal financial effect.”1 The Councilmember would state the existence of the potential conflict, following the announcement of the agenda item and before discussion of the item, and recuse by: 1. Disclosing that voting on this item would create a conflict of interest because it would have “a personal financial effect” on the councilmember if he or she chooses to run for re- election, because the councilmember would be subject to the printing costs to be set by the Council. 2. Leaving the room after the above disclosure is made. If there are multiple councilmembers who are disqualified due to a potential conflict such that the disqualifications result in the loss of a quorum, councilmembers may be randomly selected to take part in order to reach a quorum. The selection shall be randomly made by the City Clerk after the City Clerk announces that a random selection is required in order to maintain a quorum so that a decision can be made. When a councilmember is selected, he or she shall be selected for the duration of any related matters, including the adoption of any resolutions needed to implement the decision on the subject. STRATEGIC PLAN ALIGNMENT: This action is consistent with Strategic Plan Goal A: Practice participative leadership at all levels, Goal B: Achieve and maintain financial stability; and Goal C: Ensure the effective delivery of public services. ENVIRONMENTAL ANALYSIS: The adoption of the proposed resolutions are exempt from the California Environmental Quality Act (“CEQA”) because it does not qualify as a “project” pursuant to Public Resource Code section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3) since it can be seen with certainty that there is no possibility that the City’s action would cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. OPTIONS CONSIDERED: 1. Staff recommends adopting regulations that continue the established 200 word limit which is in alignment with the limits established with the County and allow the City to pay for the 1 Title 2 Cal. Code of Regulations § 18702.5 ITEM NO. 2.A. printing of a candidate’s SOQ in English and Spanish because this may reach more of the Rohnert Park community. 2. Alternative: Maintain the previous regulations that continue the established 200 word limit and in which the City paid for the cost of printing the SOQ in English and the candidate paid for the cost of printing the SOQ into any foreign language and paid the estimated cost in advance at the time of the filing of nomination papers. This option is not recommended because this may limit the outreach to Rohnert Park voters. 3. Alternative: Discontinue the practice of covering any portion of the cost of printing the SOQ and requiring the candidate to pay all costs. If Council would like to explore this, staff recommends consideration in a non-election year to allow all Councilmembers to participate in the policy decision. FISCAL IMPACT/FUNDING SOURCE: The below chart outlines the 2018 estimates provided by the Sonoma County ROV for Rohnert Park, which shows costs based on a “per voter” basis. The approximate costs of the election could be $53,790 to $96,822 including candidate SOQ printing costs. COST PER VOTER (range) TOTAL COSTS (range) Type Registered Voters From To From To Council Seats 21516 $2.50 $4.50 $53,790 $96,822 Many factors impact the cost of elections, including voting systems, ballot printing costs, ballot postage, and voter information guide typesetting, printing and postage fees. Staff budgeted a total amount of $60,000 in the proposed budget for FY20-21 in order to cover overall election costs. The costs of the 2018 at-large election for two city councilmember seats was $25,000. Staff estimates the total cost of the 2020 district based election for three districts including printing of candidate statements to be approximately $60,000 based on the 2018 estimate provided by the Sonoma County ROV. City Manager Approval Date: 06/26/2020 City Attorney Approval Date: 06/26/2020 Attachments (list in packet assembly order): 1. Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statements Submitted to the Voters at an Election to be Held on November 3, 2020 RESOLUTION NO. 2020-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON NOVEMBER 3, 2020 WHEREAS, the City will be holding a General Municipal Election on Tuesday, November 3, 2020, for the purpose of electing one (1) Member of the City Council from District 1, one (1) Member of the City Council from District 3, and one (1) Member of the City Council from District 4 for a term of four years; and WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the Candidates’ Statement of Qualifications (SOQ). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park does hereby resolve, declare, determine and adopt the following regulations for candidates for elective office pertaining to candidates’ statements for the election to be held on November 3, 2020: SECTION 1. Pursuant to section 13307 of the Elections Code of the State of California, each candidate for elective office in the election to be held in the City of Rohnert Park on November 3, 2020, may voluntarily prepare a Candidate SOQ on an appropriate form provided by the City Clerk. SECTION 2. Elections Code § 13307 requires that, if the candidate wishes to file a SOQ, it shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. Therefore, the candidate shall file the SOQ no later than 5:00 p.m. on August 7, 2020. SECTION 3. The candidate’s SOQ may include the name, age (optional), and occupation of the candidate and a brief description of no more than 200 words describing the candidate’s education and qualifications expressed by the candidate himself or herself. SECTION 4. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. SECTION 5. Except as otherwise provided in Elections Code § 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 6. FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting Rights Act and state law, the City may be required to translate a candidate’s SOQ into any language at the candidate’s request and at the candidate’s expense. Notwithstanding the foregoing, the City shall pay for the cost of translating and printing the candidate’s SOQ in both English and Spanish. SECTION 7. As described in Section 6, the candidate shall be required to pay for the actual cost of translating and printing the candidate’s SOQ into any other foreign language, if requested by the candidate, and shall pay the estimated cost in advance at the time of the filing of nomination papers. The candidate shall be provided with a receipt, that shall provide written notice 2 Resolution 2020-064 that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements, and that the City is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. SECTION 8. In the event that a candidate is required to pay for estimated costs pursuant to Section 7, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. SECTION 9. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 10. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nomination petitions are issued. SECTION 11. All previous resolutions establishing City Council policy on payment for candidates’ statements are repealed and this Resolution shall only apply at the general municipal election to be held within the City of Rohnert Park on Tuesday, November 3, 2020. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 29th day of June, 2020. CITY OF ROHNERT PARK ____________________________________ ATTEST: _____________________________ Sylvia Lopez Cuevas, Assistant City Clerk ADAMS: _______ BELFORTE:________ STAFFORD:____________ MACKENZIE: ________ CALLINAN: ________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )