CC 2012-08-21_Appointment of Officers - Cancel ElectionMEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION
SERVICESICITY CLERK +)
SUBJECT: CONSIDERATION OF APPOINTMENT OF OFFICERS AND
CANCELLATION OF THE NOVEMBER 6, 2012 CONSOLIDATED
GENERAL MUNICIPAL ELECTION
DATE: AUGUST 21,2012
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution providing for the
appointment to the offices of the City of Arroyo Grande that were to be elected on
Tuesday, November 6, 2012 and canceling the Consolidated General Municipal
Election.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Cancellation of the Consolidated General Municipal Election would result in a cost
savings to the City of approximately $17,000, as well as significant staff time involved
with the process.
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 after the first
Monday in November of even years. On June 12, 2012, 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 6, 2012, 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 6, 2012, a Notice of Election was published in The Tribune and posted on the
City's website for the offices of Mayor for a 2-year term, and two (2) Members of the
City Council for 4-year terms. The Nomination Period opened on Monday, July 16,
2012. At the close of the Nomination Period on August 10, 2012, only one candidate
Item 5. - Page 1
CITY COUNCIL
CONSIDERATION OF APPOINTMENT OF OFFICERS AND CANCELLATION OF
THE NOVEMBER 6,2012 CONSOLIDATED GENERAL MLlNlClPAL ELECTION
AUGUST 21,2012
PAGE 2
(incumbent) for the office of Mayor and two (2) candidates (incumbents) for City Council
Member had been nominated and qualified.
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 at the close of the Nomination Period on August 10, 2012 (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 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.
'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 Wednesday, August 15,
2012. 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 as if elected at a municipal
election for that office.
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 6, 201 2.
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 $17,000 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.
Item 5. - Page 2
CITYCOUNCIL
CONSIDERATION OF APPOINTMENT OF OFFICERS AND CANCELLATION OF
THE NOVEMBER 6,2012 CONSOLIDATED GENERAL MUNICIPAL ELECTION
AUGUST 21,2012
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 Wednesday, August 15, 201 2 stating
that at the close of the nomination period, there were not more candidates than ofices
to be elected. The Agenda was posted in front of City Hall and posted on the City's
website on Thursday, August 16, 2012.
Attachment:
1. City Clerk's Certification
Item 5. - Page 3
RESOLUTION NO.
A RESOLU'TION OF 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 6,2012
WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California,
as of the close of the nomination period on August 10,201 2 for the offices of Mayor and
two (2) Members of City Council, 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, 201 2 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
Caren Ray Member of the City Council 4 Years
SECTION 2. 'The Consolidated General Municipal Election scheduled to be held on
Tuesday, November 6,2012, 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 6, 2012 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.
Item 5. - Page 4
RESOLUTION NO.
PAGE 2
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
Item 5. - Page 5
ATTACHMENT 1
CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN
OFFICES TO BE ELECTED
I, Kelly Wetmore, City Clerk of the City of Arroyo Grande, do hereby certrfy, 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
6, 2012:
As of the close of the nomination period on August 10, 2012 for the offices of Mayor
and two (2) Members of the City Council; there are not more candidates than offices to be
elected.
The persons so nominated are:
NAME OFFICE
Tony Ferrara Mayor
TERM
2-Years
Jim ~uthrie ember of the City Council 4-Years
Caren Ray Member of the City Council 4-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 Wednesday, August 15, 2012 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 Electio~
Code, the City Clerk shall not accept for filing any statement of write-in candidacy which
Item 5. - Page 6