CC 2018-06-12_09e Resolutions_2018 General Municipal ElectionMEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION
SERVICES/CITY CLERK
SUBJECT: CONSIDERATION OF RESOLUTIONS FOR THE 2018 GENERAL
MUNICIPAL ELECTION FOR THE ELECTION OF CERTAIN OFFICERS
OF THE CITY
DATE: JUNE 12, 2018
SUMMARY OF ACTION:
Calling and giving notice of the City’s General Municipal Election to be held on
November 6, 2018 for the election of two Council Members and a Mayor; a request to
the County of San Luis Obispo for consolidation of the election; and adoption of
regulations pertaining to submittal of a candidate statement.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Estimated costs for the November 2018 General Municipal Election are included in the
Fiscal Year 2018-19 Budget in the amount of $18,000. This amount is based on
historical election costs for candidates only. Should the Council add a ballot measure to
the election at a future meeting, an additional appropriation of approximately $3,000 to
$5,000 would be needed.
RECOMMENDATION:
It is recommended the City Council: 1) Adopt a Resolution calling and giving notice of
the holding of a General Municipal Election to be held on Tuesday, November 6, 2018,
for the election of certain officers of the City; 2) Adopt a Resolution requesting the Board
of Supervisors of the County of San Luis Obispo to consolidate a General Municipal
Election to be held on November 6, 2018; and 3) Adopt a Resolution adopting
regulations for candidates for governing the submittal of a Candidate Statement.
BACKGROUND:
State law establishes the dates when general law cities conduct municipal elections for
the purpose of electing members of the City Council. The office of Council Member is a
four-year term, with terms expiring at staggered intervals (i.e., terms of office for two
members of the City Council are scheduled to expire every two years). The office of
Mayor is a two-year term pursuant to voter approval in 1982. The California Elections
Item 9.e. - Page 1
CITY COUNCIL
CONSIDERATION OF RESOLUTIONS FOR THE 2016 GENERAL MUNICIPAL
ELECTION
JUNE 12, 2018
PAGE 2
Code establishes procedures and requirements for conducting a General Municipal
Election. As the first step in the election process, certain Resolutions must be adopted
by the City Council.
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 6, 2018. The request for consolidation must be
submitted to the County Board of Supervisors no later than August 10, 2018 (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 $18,000
for the 2018 General Election has been included in the FY 2018-19 Budget. This
estimate is based on approximately 12,000 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 2018, the terms of Council Member Tim Brown, Council Member Barbara Harmon,
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 16, 2018 through Friday, August 10, 2018.
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 2018 General Municipal Election; or
2. Provide other direction to staff.
Item 9.e. - Page 2
CITY COUNCIL
CONSIDERATION OF RESOLUTIONS FOR THE 2016 GENERAL MUNICIPAL
ELECTION
JUNE 12, 2018
PAGE 3
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
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 at
City Hall and on the City’s website in accordance with Government Code Section
54954.2.
Item 9.e. - 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 6, 2018, 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 6, 2018, 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 6, 2018, 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.e. - 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 12th day of June, 2018.
Item 9.e. - Page 5
RESOLUTION NO.
PAGE 3
__________________________________
JIM HILL, MAYOR
ATTEST:
__________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
__________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
__________________________________
HEATHER WHITHAM, CITY ATTORNEY
Item 9.e. - 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 6, 2018, 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 6, 2018, 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 6, 2018, 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.e. - 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 12th day of June, 2018.
Item 9.e. - Page 8
RESOLUTION NO.
PAGE 3
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
Item 9.e. - 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
6, 2018
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 6, 2018, 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.e. - 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 12th day of June, 2018.
Item 9.e. - Page 11
RESOLUTION NO.
PAGE 3
_____________________________________
JIM HILL, MAYOR
ATTEST:
_____________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
_____________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
_____________________________________
HEATHER WHITHAM, CITY ATTORNEY
Item 9.e. - Page 12