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08.f. Resolutions for the 2012 General Municipal ElectionMEMORANDUM TO: CITYCOUNCIL FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION SERVlCESlClTY CLERK * SUBJECT: CONSIDERATION OF RESOLUTIONS FOR THE 2012 GENERAL MUNICIPAL ELECTION DATE: JUNE 12,2012 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, 2012, 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, 2012, 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 6, 2012; and 4) approve an additional appropriation of $7,000 in the FY 2012-1 3 General Fund budget for the November General Municipal Election. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: An appropriation of $1 1,000 to fund the November 2012 General Municipal Election is included in the Legislative and lnformation Services Fiscal Year 201 2-1 3 Budget. However, an additional $7,000 appropriation is needed as the City recently received an estimate of costs for the November Election from the Office of the County Clerk- Recorder, which is higher than previous elections due to several reasons; the pass- through of Vote-by-Mail costs, an anticipated increase in the cost per registered voter compared to previous years, the estimated cost for adding one ballot measure, and candidate statements. 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 also recommending the City continue to seek full cost recovery for the printing of candidate statements in the Sample BalloWoter lnformation Pamphlet ("Sample Ballot"), which could result in a $500 - $1,000 savings to the City depending on the number of candidates running for office. Agenda Item 8.f. Page 1 CITY COUNCIL CONSIDERATION OF RESOLUTIONS FOR THE 2012 GENERAL MUNICIPAL ELECTION JUNE 12,2012 PAGE 2 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 numbered years. This year, the date of the Statewide General Election is Tuesday, November 6, 2012. The request for consolidation must be filed with the County Board of Supervisors on or before August 10, 2012 (at least 88 days prior to the date of the election). ANALYSIS OF ISSUES: This year, the terms of Mayor Tony Ferrara, Council Member Jim Guthrie, and Council Member Caren Ray 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 2012 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 PamphletISample 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 o~tional, 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 staffs 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: - Adopt the Resolutions pertaining to the 2012 General Municipal Election and appropriate an additional $7,000 for election costs; - Do not adopt the Resolutions; or - Provide direction to staff. Agenda Item 8.f. Page 2 CITY COUNCIL CONSIDERATION OF RESOLUTIONS FOR THE 2012 GENERAL MUNICIPAL ELECTION JUNE 12,2012 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. 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 7,2012. The Agenda and report were posted on the City's website on Friday, June 8, 2012. Attachment: 1. County Clerk's Estimate of Candidate Statement Costs for November 6, 2012 Election Agenda Item 8.f. Page 3 RESOLUTION NO. A RESOLU'TION OF THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, 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, 2012, 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, 2012, 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 the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Agenda Item 8.f. Page 4 RESOLUTION NO. PAGE 2 8. 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, 201 2. Agenda Item 8.f. Page 5 RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, ClTY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, ClTY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, ClTY ATTORNEY Agenda 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 6, 2012, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELEC'I'IONS CODE WHEREAS, the City Council of the City of Arroyo Grande called a General Municipal Election to be held on November 6, 2012, 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 6, 2012, 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. 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. Agenda Item 8.f. Page 7 RESOLUTION NO. PAGE 2 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 Merr~ber , 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, 2012. Agenda Item 8.f. Page 8 RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, ClTY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, ClTY MANAGER APPROVED AS TO FORM: 'TIMOTHY J. CARMEL, ClTY ATTORNEY Agenda Item 8.f. Page 9 RESOLUTION NO. A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY 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 6,2012 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, 2012, 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. 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 Agenda Item 8.f. Page 10 RESOLUTION NO. PAGE 2 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, 2012. Agenda Item 8.f. Page 11 RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CIN CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CIN MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CIN ATTORNEY Agenda Item 8.f. Page 12 Oflice of the County Clerk-Recorder COUNlY OF SAN LUIS OBISPO 1055 MONTEREY ST. RM. Dl20 SAN LUIS OBISPO, CA 93408 (805) 781-508015088 JULIE L. RODEWALD MELANIE FOSTER corn CLERK RECORDER Administrative Service Officer TOMMY GONG ASSISTANT COUNlY CLERK RECORDER April 24, 2012 Kelly Wetmore, City Clerk City of Arroyo Grande 300 E. Branch St. Arroyo Grande, CA 93420 RE: Cost estimate for consolidation with November 201 2 General Election - Mayor, City Council, and Ballot Measure Below is a cost estimate for consolidation with the November 2012 General Election. This is an ESTIMATE ONLY. Actual costs may vary from those stated in this estimate. Your jurisdiction will be billed actual costs upon completion of the election. Please note that this estimate accounts for all jurisdictions scheduled for the November election going on the ballot. Registered Voters in the City of Arroyo Grande: 11,000 . . Please feel free to contact me with any questions. Thank you. Melanie Foster Administrative Services Officer (805) 78 1 -5084 Total $20,757.00 Candidate Statements $1,329 Ballot Measure Run charges $1,608 Cost per Registered Voter $1 2,100 Cost per Vote by Mail Ballot $5,720 ATTACHMENT 1 Agenda Item 8.f. Page 13 THIS PAGE INTENTIO NALLY LEFT BLANK Agenda Item 8.f. Page 14