CC 2014-06-10_08.f. Resolutions 2014 General Municipal ElectionTO:
FROM:
MEMORANDUM
CITY COUNCIL
KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION
SERVICES/CITY CLERK
SUBJECT: CONSIDERATION OF RESOLUTIONS FOR THE 2014 GENERAL
MUNICIPAL ELECTION
DATE: JUNE 10, 2014
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 4, 2014,
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 4, 2014, with the Statewide General Election to be
held on the same date pursuant to Section 10403 of the Elections Code; 3) Adopt a
Resolution adopting regulations for candidates for elective office pertaining to candidate
statements submitted to the voters at an Election to be held on Tuesday, November 4,
2014; and 4) Approve an additional appropriation of $3,000 in the FY 2014-15 General
Fund budget for the November General Municipal Election.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
An appropriation of $17,000 to fund the November 2014 General Municipal Election is
included in the Legislative and Information Services Fiscal Year 2014-15 Budget.
However, an additional $3,000 appropriation is needed based upon an estimate of costs
for the November Election the City received from the Office of the County Clerk-
Recorder. It is higher than previous elections due to several reasons; the pass-through
of Vote-by-Mail costs, an increase in the cost per agency due to changes in
consolidated elections within the County; and the estimated cost for adding one ballot
measure. In past years, the County was reimbursed by the State for Vote-by-Mail
ballots pursuant to SB90 (State Mandated Cost Reimbursement Program). However,
the State is no longer reimbursing these costs and the County must now pass that cost
on to the City. Staff is recommending the City continue to seek full cost recovery for the
printing of candidate statements in the Sample BalloWoter Information Pamphlet
("Sample Ballot"), which could result in a $500 -$1,000 savings to the City depending
on the number of candidates running for office. The cost will also be reduced if the
council decides not to proceed with the City Charter measure.
Item 8.f. - Page 1
CITY COUNCIL
CONSIDERATION OF RESOLUTIONS FOR THE 2014 GENERAL MUNICIPAL ELECTION
JUNE 10, 2014
PAGE2
BACKGROUND:
Pursuant to Municipal Code Section 1.08.01 0, the City's General Municipal Election
shall be held 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 4, 2014. The request for consolidation must be
filed with the County Board of Supervisors on or before August 8, 2014 (at least 88 days
prior to the date of the election).
ANALYSIS OF ISSUES:
This year, the terms of Mayor Tony Ferrara, Council Member Joe Costello, and Council
Member Tim Brown are expiring. The California Elections 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 local agency governing
body.
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. Based on the recent cost
estimate provided by the County Clerk-Recorder, the estimated cost for the 2014
General Election is approximately $20,000. This amount is based on 11 ,000 registered
voters, the cost per Vote-by-Mail ballot, one ballot measure, and candidate statements.
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"). Staff recommends that the word count for
the statements be set at 200 words per statement, which is consistent with previous
elections. In 2008, staff recommended that due to budget constraints and the fact that
the submission of a candidate statement in the Sample Ballot is optional, the City seek
full cost recovery for publication of candidate statements. This is a consistent practice
among California cities, and prior to 2008, the City of Arroyo Grande was the only city in
the County that was subsidizing these costs. The City Council subsequently approved
staff's recommendation and the City now requires a deposit for publication of a
candidate statement in the Sample Ballot at the time of the filing of nomination papers.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Adopt the Resolutions pertaining to the 2014 General Municipal Election and
appropriate an additional $3,000 for election costs;
2. Do not adopt the Resolutions; or
3. Provide direction to staff.
Item 8.f. - Page 2
CITY COUNCIL
CONSIDERATION OF RESOLUTIONS FOR THE 2014 GENERAL MUNICIPAL ELECTION
JUNE 10, 2014
PAGE3
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. The City will
realize some cost savings by requiring candidates to pay the full cost of their 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. However, there will be a financial impact to candidates who desire
to submit a candidate statement in the Sample Ballot.
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 5, 2015. The Agenda and report were posted on the
City's website on Friday, June 6, 2014.
Item 8.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 4, 2014, 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 4, 2014, 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 4, 2014, 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
bylaw.
3. That the City Clerk is authorized, instructed and directed to coordinate with the 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 San Luis Obispo County
Clerk, the City Council, in accordance with Election Code Section 15651 (a), shall
Item 8.f. - Page 4
RESOLUTION NO.
PAGE2
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 __ day of June, 2014.
Item 8.f. - Page 5
RESOLUTION NO.
PAGE3
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.f. - Page 6
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, 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 November 4, 2014, 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 Election Department 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 4, 2014, for the purpose of
the election of a Mayor and two (2) Members of the City Council.
2. That the County Election Department 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 County
Election Department 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.
5. That the City Clerk is hereby directed to file a certified copy of this Resolution
with the Board of Supervisors and the County Election Department of the County
of San Luis Obispo.
Item 8.f. - Page 7
RESOLUTION NO.
PAGE2
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 __ day of June, 2014.
Item 8.f. - Page 8
RESOLUTION NO.
PAGE3
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.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
4,2014
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 4, 2014, 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 City Clerk shall have translated into Spanish only those statements as
requested by the candidate.
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 City Clerk shall estimate the total cost of printing, handling, translating, and
mailing the candidates statements filed pursuant to this Section, and 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 candidates filing statements. Accordingly, the
City Clerk is not bound by the estimate and may, on a pro rata basis, bill the
Item 8.f. - Page 10
RESOLUTION NO.
PAGE2
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_ day of June, 2014.
Item 8.f. - Page 11
RESOLUTION NO.
PAGE3
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.f. - Page 12