Loading...
CC 2016-06-14_09f Resolutions_General Municipal ElectionTO: FROM: SUBJEC DATE: RECOM It is reco the hold for the e of Supe Election regulatio IMPACT Estimate Fiscal Y historica a ballot be need BACKG State law the purp four-yea member Mayor is Code es Election by the C CITY KELL SERV CT: CONS MUN OF T JUNE MMENDATI ommended ding of a Ge election of c ervisors of t to be he ons for cand T ON FINAN ed costs fo Year 2016- al election c measure. A ded should t GROUND: w establish pose of elec ar term, wit rs of the C s a two-yea stablishes . As the fir City Council COUNCIL LY WETMO VICES/CITY SIDERATIO ICIPAL EL HE CITY E 14, 2016 ON: d the City C eneral Mun certain offic the County eld on Nov didates for NCIAL AND r the Nove -17 Budget costs for ca An addition the Council hes the date cting memb th terms ex ity Council ar term pur procedures st step in t . MEM L ORE, DIREC Y CLERK ON OF R LECTION F Council: 1) nicipal Elect ers of the C y of San Lu vember 8, governing D PERSON mber 2016 t in the am andidates o nal appropr l add a ball es when ge bers of the C xpiring at s are sched rsuant to vo s and requ he election MORANDUM CTOR OF L RESOLUTIO OR THE E Adopt a Re tion to be h City; 2) Ado uis Obispo 2016; an the submitt NNEL RESO 6 General M mount of $ only and do riation of ap ot measure eneral law c City Counc staggered i duled to exp oter approv uirements f n process, c M LEGISLAT ONS FOR ELECTION esolution c held on Tue opt a Resolu to consoli d 3) Adop tal of a Can OURCES: Municipal E $17,000. T oes not incl pproximate e to the elec cities cond cil. The offi ntervals (i. pire every val in 1982 for conduc certain Res TIVE AND I R THE 20 OF CERTA calling and esday, Nov ution reque idate a Ge pt a Reso ndidate Sta Election are This amoun lude costs ly $4,000 to ction at a fu uct municip ce of Coun e., terms o two years) . The Calif cting a Gen solutions m NFORMAT 016 GENE AIN OFFIC giving notic vember 8, 2 esting the B neral Muni olution ado tement. included in nt is based associated o $5,000 w uture meeti pal election ncil Membe of office for ). The offic fornia Elec neral Muni must be ado TION ERAL CERS ce of 2016, Board icipal pting n the d on with would ng. ns for r is a r two ce of ctions icipal opted Item 9.f. - Page 1 CITY COUNCIL CONSIDERATION OF RESOLUTIONS FOR THE 2016 GENERAL MUNICIPAL ELECTION JUNE 14, 2016 PAGE 2 ANALYSIS OF ISSUES: Pursuant to Municipal Code Section 1.08.010, the City of Arroyo Grande will conduct a General Municipal Election on the same day as, and consolidated with, the Statewide General Election. The Statewide General Election is held on the first Tuesday after the first Monday in November in even numbered years. This year, the date of the Statewide General Election is Tuesday, November 8, 2016. The request for consolidation must be submitted to the County Board of Supervisors no later than August 12, 2016 (at least 88 days prior to the date of the election). By consolidating the election with other jurisdictions in the County, costs to the City to conduct the election are substantially reduced. Following the election, the County invoices the City for its proportional share of the costs. The estimated cost of $17,000 for the 2016 General Election has been included in the FY 2016-17 Budget. This estimate is based on approximately 11,000 registered voters, and the cost per vote-by- mail ballot. Also included in the City’s election costs are charges related to the printing of candidate statements, also known as “campaign statements”, in the Voter Information Pamphlet/Sample Ballot (“Sample Ballot”). It is recommended that the word count for the statements be set at 200 words per statement, which is consistent with previous elections. Since 2008, the City has sought full cost recovery from the candidate for the publication of a candidate statement, since the publication of a candidate statement is optional and not a requirement. This is a consistent practice among California cities. The City requires an initial deposit at the time a candidate files his/her nomination papers. Candidates are then invoiced (or sent a refund) after the County calculates the share of costs for printing/mailing of the sample ballots for each agency and candidate. In 2016, the terms of Council Member Jim Guthrie, Council Member Kristen Barneich, and Mayor Jim Hill are expiring. The nomination period for candidates running for a seat on the City Council for both City Council Member and Mayor is Monday, July 18, 2016 through Friday, August 12, 2016. If an incumbent does not file nomination papers and qualify by the close of the nomination period, the filing period extends (for non-incumbents only) for five (5) days pursuant to State law. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Adopt the Resolutions pertaining to the 2016 General Municipal Election; or 2. Do not adopt the Resolutions and provide alternative direction to staff. ADVANTAGES: Adoption of the proposed Resolutions will meet the provisions required by the California Elections Code for calling and giving notice of a General Municipal Election, requesting Item 9.f. - Page 2 CITY COUNCIL CONSIDERATION OF RESOLUTIONS FOR THE 2016 GENERAL MUNICIPAL ELECTION JUNE 14, 2016 PAGE 3 the services of the County to conduct a consolidated election, and setting forth regulations for candidates pertaining to the filing of candidate statements. DISADVANTAGES: There are no identified disadvantages related to adoption of the proposed Resolutions as they are required by State law in order to conduct a Consolidated General Municipal Election in the City. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: No prior public notification is required for this item. A Notice of Election will be published pursuant to the timeline prescribed by the Elections Code. The Agenda was posted in front of City Hall on Thursday, June 9, 2016. The Agenda and report were posted on the City’s website on Friday, June 10, 2016. Item 9.f. - Page 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on November 8, 2016, for the election of Municipal Officers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Arroyo Grande, California, on Tuesday, November 8, 2016, a General Municipal Election for the purpose of electing a Mayor for the full term of two years, and two Members of the City Council for the full term of four years. 2. That the ballots to be used at the election shall be in form and content as required by law. 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of San Luis Obispo County Clerk-Recorder to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 4. That the polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner as required by law. 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Luis Item 9.f. - Page 4 RESOLUTION NO. PAGE 2 Obispo County Clerk-Recorder, the City Council, in accordance with Election Code Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot. 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. On motion of Council Member _______, seconded by Council Member ________, and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 14th day of June, 2016. Item 9.f. - Page 5 RESOLUTION NO. PAGE 3 __________________________________ JIM HILL, MAYOR ATTEST: __________________________________ KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: __________________________________ DIANNE THOMPSON, CITY MANAGER APPROVED AS TO FORM: __________________________________ HEATHER WHITHAM, CITY ATTORNEY Item 9.f. - Page 6 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Arroyo Grande called a General Municipal Election to be held on Tuesday, November 8, 2016, for the purpose of the election of a Mayor and two (2) Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Elections Division of the County of San Luis Obispo canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. That pursuant to the requirements of Section 10403 of the Election Code, the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2016, for the purpose of the election of a Mayor and two (2) Members of the City Council. 2. That the Elections Division of the County Clerk-Recorder’s Office is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the Statewide election. 3. That the Board of Supervisors is requested to issue instructions to the Elections Division of the County Clerk-Recorder’s Office to take any and all steps necessary for the holding of the consolidated election. 4. That the City of Arroyo Grande recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such additional costs. Item 9.f. - Page 7 RESOLUTION NO. PAGE 2 5. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Elections Division of the San Luis Obispo County Clerk-Recorder’s Office. 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. On motion of Council Member ______, seconded by Council Member _______, and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 14th day of June, 2016. Item 9.f. - Page 8 RESOLUTION NO. PAGE 3 JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: DIANNE THOMPSON, CITY MANAGER APPROVED AS TO FORM: HEATHER WHITHAM, CITY ATTORNEY Item 9.f. - Page 9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the Candidates Statement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Arroyo Grande on November 8, 2016, may prepare a Candidate’s Statement on an appropriate form provided by the City Clerk. The Statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. 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. 2. FOREIGN LANGUAGE POLICY. The San Luis Obispo County Clerk-Recorder’s Office shall have translated into Spanish only those statements as requested by the candidate, and print any translation(s) of candidates who so request printing in the voter pamphlet. 3. PAYMENT. a) The candidate shall be required to pay for the cost of printing the candidates statement in English in the voter’s pamphlet. b) The candidate shall be required to pay for the cost of translating and printing the candidates statement into the foreign language as specified in Section 2 above, pursuant to State law. c) The San Luis Obispo County Clerk-Recorder’s Office shall estimate the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to this Section, and the City Clerk shall require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual costs that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of Item 9.f. - Page 10 RESOLUTION NO. PAGE 2 candidates filing statements. Accordingly, 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. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the receipt of the final invoice from the County. 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. 5. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued. 6. That all previous Resolutions establishing Council policy on payment for candidates statements are repealed. 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted on this 14th day of June, 2016. Item 9.f. - Page 11 RESOLUTION NO. PAGE 3 _____________________________________ JIM HILL, MAYOR ATTEST: _____________________________________ KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: _____________________________________ DIANNE THOMPSON, CITY MANAGER APPROVED AS TO FORM: _____________________________________ HEATHER WHITHAM, CITY ATTORNEY Item 9.f. - Page 12