Agenda Packet 2008-08-21 SPCity Council
Tony Ferrara Mayor
Chuck Fellows Mayor Pro Tem
Joe Costello Council Member
Jim Guthrie Council Member
Ed Arnold Council Member
2. ROLL CALL
t CALL TO ORDER: 4:00 P.M.
CITY OF
NOTICE OF SPECIAL MEETING
ARROYO GRANDE CITY COUNCIL
THURSDAY, AUGUST 21, 2008
4:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
3. FLAG SALUTE: MAYOR FE RAI A
Agenda
Steven Adams City Manager
Timothy J. Carmel City Attorney
Kelly Wetmore City Clerk
4. PUBLIC COMMENT:
Members of the public wishing to address the City Council on any item described in this
Notice may do so when recognized by the Presiding Officer.
5. CONSIDERATION I F APPOINTMENT T F OFFICERS AND CANCELLATION OF THE
NOVEMBER &2008 CONSOLIDATED GENERAL MUNICIPAL ELECTION (WETMORE)
E
Recommended ommended Action: Adopt Resolution providing for the appointment to the offices of
the City of Arroyo Grande that were to be elected on Tuesday, November 4, 2008 and
canceling the Consolidated General Municipal Election.
6. ADJOURNMENT to the next Regular City Council Meeting at 7 :00 p.m. on Tuesday,
August 26, 2008, in the City Council Chambers, 215 E. Branch Street.
All staff reports or other written documentation relating to each item of business on the agenda are available for public
inspection and reproduction at cost during regular business hours in the City Clerk's office, 214 E. Branch Street, Arroyo
Grande. if requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as
required by the Americans with Disabilities Act. To make a request for diability- related modification or accommodation,
contact the Administrative Services Department at 805 473 -5414.
This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed
and downloaded from the City's website at www. arrovocsrande. orq
THIS PAGE INTENTIONALLY LEFT BLANK
TO:
FROM:
SUBJECT:
CITY COUNCIL
DATE: AUGUST 21, 2008
MEMORANDUM
KELLY WETMORE, DIRECTOR F F ADMINISTRATIVE SERVICES/CITY
CLERK
CONSIDERATION F APPOINTMENT TMENT F OFFICERS AND
CANCELLATION OF THE NOVEMBER 4, 2008 CONSOLIDATED
GENERAL MUNICIPAL ELECTION
RECOMMENDATION:
N:
It is recommended that the City Council adopt a Resolution providing for the
appointment t the offices of the City of Arroyo Grande that were to be elected on
Tuesday, November 4, 2008 and canceling the Consolidated General Municipal
Election.
FINANCIAL IMPACT:
Cancellation of the Consolidated General Municipal ipal Election would result in a cost
savings to the City of approximately $10,000.
BACKGROUND:
Pursuant to Municipal Code Section 1.08.010, 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 of November in
even years. On June 12, 2008, the City Council adopted the appropriate Resolutions
calling and giving notice of the holding of a General Municipal Election to be held in the
City on Tuesday, November 4, 2008, for the election of certain officers; requesting the
Board of Supervisors of the County of San Luis Obispo to consolidate the General
Municipal Election with the Statewide General Election to be held on the same date;
and to adopt regulations for candidates for elective office pertaining to candidate
statements.
ANALYSIS OF ISSUES:
On July 9, 2008, a Notice of Election was published in The Tribune and posted on the
City's web site for the offices of Mayor for a 2 -year term, two (2) Members of the City
Council for 4-year terms, City Clerk for a 4-year term, and City Treasurer for a -year
term. The Nomination Period opened on Monday, July 14, 2008. At the close of the
Nomination Period on August 8, 2008, only one candidate (the incumbents) for the
CITY COUNCIL
CONSIDERATION OF APPOINTMENT OF OFFICERS AND CANCELLATION OF
THE NOVEMBER 4, 2008 CONSOLIDATED GENERAL MUNICIPAL ELECTION
AUGUST 21, 2008
PAGE 2
offices of Mayor, two (2) Members r f the City Council, and City Clerk had been
nominated and qualified. The Nomination Period for the office of Treasurer was
extended to Wednesday, August 13, 2008 due to the fact that the incumbent did not file
for re- election. There was, however, one candidate nominated and qualified for the
office of Treasurer at the close of the Nomination Period.
If no one or only one person is nominated for an elective office, appointment to the
elective office may be made as prescribed by Section 10229 of the California Elections
Code. The City Clerk is required to submit a certification to the City Council that there
are not more candidates than offices to be elected, which was completed and
distributed on August 14, 2008 (Attachment 1). The certification sets forth the following
courses of action that may be taken by the City Council:
1. Appoint to the office the person who has been nominated;
2. Appoint t the office any eligible voter if no one has been nominated;
3. Hold the election if either no one or only one person has been nominated.
The City Clerk is also required to publish a notice of these facts in a newspaper of
general circulation. The notice was published in The Tribune on August 15, 2008. After
the 5 day following the date of publication, the Council may, at a regular or special
meeting, make the appointments or direct the election be held. The persons appointed
shall qualify and take office and serve exactly s if elected at a municipal ipal election for
that offi e
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
Adopt the Resolution to appoint to the office the person who has been nominated
for each office and cancel the Consolidated General Municipal Election; or
Do not adopt the Resolution and hold the Consolidated General Municipal
Election on November 4, 2008.
ADVANTAGES:
Appointment of the persons nominated to each office would enable the City Council to
cancel the election, which would result in a cost savings of approximately $10,000 to the
City.
DISADVANTAGES:
if the Council makes the appointments pursuant to the Elections Code, the City Clerk
shall not accept for filing any statement of write -in candidacy which is submitted after
the appointments are made. It is important to note that write -in votes are only counted
for candidates that have filed nomination papers and have been qualified during the
time period prescribed by the Elections Code.
CITY COUNCIL
CONSIDERATION F APPOINTMENT OF OFFICERS AND CANCELLATION OF
THE NOVEMBER 4, 2008 CONSOLIDATED GENERAL MUNICIPAL ELECTION
AUGUST 21, 2008
PAGE 3
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
A public notice was published in The Tribune on Friday, August 15, 2008 stating that at
the close of the nomination period, there were not more candidates than offices to be
elected. The Agenda was posted in front of City Hall and posted on the City's r b it
on Monday, August 18, 2008.
Attachment:
1. City Clerk's Certification
RESOLUTION N.
A RESOLUTION F THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE PROVIDING FOR THE
APPOINTMENT TO THE OFFICES OF THE CITY OF
ARROYO GRANDE THAT WERE TO BE ELECTED
ON TUESDAY, NOVEMBER 4, 2008
WHEREAS, EAS, pursuant to Section 10229 of the Elections Code of the State of California,
as of the close of the nomination period on August 8, 2008 for the offices of Mayor, two
(2) Members of City Council, and City Clerk; and August 13, 2008 for the office of City
Treasurer, there are not more candidates than offices to be elected and that Section
10229 of the Election Code allows one of the following courses of action to be taken by
the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, a notice that there are not more candidates than offices to be elected was
published on August 15, 2008 in a newspaper of general circulation pursuant to State
law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 10229 of the Elections Code of the State of
California, the following action is being taken:
The following persons are being appointed to the offices to which they were
nominated:
NAME OFFICE TERM
Tony Ferrara Mayor 2 Years
Jim Guthrie Member of the City Council 4 Years
Ed Arnold Member of the City Council 4 Years
Kelly Wetmore City Clerk 4 Years
Michelle Mayfield City Treasurer 4 Years
SECTION 2. The Consolidated General Municipal Election scheduled to be held on
Tuesday, November 4, 2008, is hereby canceled.
SECTION 3. The persons appointed to said offices as set forth above shall qualify and
take office and serve exactly as if elected at the November 4, 2008 General Municipal
Election for the office.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original resolutions.
RESOLUTION NO.
PAGE 2
On motion of Council Member
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
seconded by Council Member and on the
the foregoing Resolution was passed and adopted this day of 2008.
RESOLUTION NO.
PAGE 3
TONY FERRARA, A, MAY R
ATTEST:
KELLY 11 ETMO E, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
M:
TIMOTHY J. CARMEL, CITY ATTORNEY
ATTACHMENT T 1
CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN
OFFICES TO BE ELECTED
1, Kelly Wetmore, City Clerk of the City of Arroyo Grande, do hereby certify, pursuant
to Section 10229 of the Elections Code of the State of California, to the following facts
relating to the Consolidated General Municipal Election to be held on Tuesday, November
4, 200 8:
As of the close of the nomination period on August 8, 2008 for the offices of Mayor,
ror,
two (2) Members of the City Council, and City Clerk; and on August 13, 2008 for the office
of City Treasurer; there are not more candidates than offices to be elected.
The persons so nominated are:
NAME OFFICE TERM
Tony Ferrara Mayor 2-Years
Jim Guthrie Member of the City Council 4-Years
Ed Arnold Member of the City Council 4-Years
Kelly Wetmore ore City Clerk 4-Years
Michelle Mayfield City Treasurer -Years
That Section 10229 of the Elections Code allows one of the following courses of
action to be taken by the City Council.
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
A notice of these facts will be published on Friday, August 15, 2008 in a newspaper
of general circulation in the City pursuant to Section 6061 of the Government Code. After
the fifth day following the date of publication, the City Council will meet to either make the
appointments or direct an election to be held. The persons appointed, if any, shall qualify
and take office and serve exactly as if elected at a municipal election for the office.
If, by the 75th day before the municipal election, no person has been appointed to the
offices pursuant to 1 or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to Section 10229 of the Elections
Code, the City Clerk shall not accept for filing any statement of write -in candidacy which is
submitted after the appointment is made.
Kelly Wetmore, ity Clerk
Dated this 14 day of August, 2008