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2024-029 - Requesting consolidation of elections for two Council Member seatsRESOLUTION 2024-029 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 5, 2024 FOR THE ELECTION OF TWO TOWN COUNCIL MEMBERS, REQUESTING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 AND RENDER SPECIFIED SERVICES TO THE TOWN RELATED TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO FILING FEES AND CANDIDATE STATEMENTS, AND PROVIDING FOR THE PROCESS IN THE EVENT OF A TIE VOTE WHEREAS, pursuant to Section 1001 of the Elections Code of the State of California, there is an established General Statewide election to be held on Tuesday, November 5, 2024; and WHEREAS, pursuant to Part 3 "Consolidation of Elections," and commencing with Section 10400 of the Elections Code of the State of California, the municipal election may be either completely or partially consolidated and held on the same day as a Statewide election, upon order of the Town of Los Gatos Council. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos: 1. That pursuant to Section 10403 of the Elections Code of the State of California, the Town Council of the Town of Los Gatos calls a municipal election to be held on Tuesday, November 5, 2024; and requests the Board of Supervisors of the County of Santa Clara to completely consolidate the election with the General Statewide election. The consolidated municipal election will be held, regulated, and conducted in accordance with the provisions of the law. 2. The General Municipal Election is scheduled to be held in the Town of Los Gatos on November 5, 2024, to elect the offices listed below. Title of Office Length of Term Number of Seats Election System Town Council Member 4-Year Full Term Two (2) Seats At -Large 3. That pursuant to Section 10002 of the Elections Code of the State of California, the Town of Los Gatos requests the services of the Board of Supervisors of the County of Santa Clara and the Registrar of Voters of the County of Santa Clara to render such services to the Town as requested by the Town Clerk, and shall reimburse the County for the costs incurred by the County of Santa Clara Registrar of Voters in conducting the General Statewide election for the Town. The Town requests the County of Santa Clara Board of Supervisors to permit the County of Santa Clara Registrar of Voters to prepare the Town's election materials. The election services to be performed shall include the 1of3 Resolution 2024-029 June 4, 2024 preparation, printing and mailing of official ballots and County voter information guides; the establishment of precincts, election ballots, return mail envelopes, ballot drop boxes, vote centers, election officers, and producing such publications as are required by law in connection therewith; the furnishing of ballots, envelopes, and other necessary supplies and materials for voting places; the canvassing of the returns of the election; the furnishing of the results of such canvassing to the Town Clerk; and, the performance of other election services as may be requested by the Town Clerk. 4. Pursuant to Elections Code commencing with Section 10400, the Town of Los Gatos requests the Board of Supervisors of the County of Santa Clara to order the consolidation of the General Municipal Election to be conducted within the boundaries of the Town of Los Gatos on November 8, 2022, with respect to which the Board of Supervisors of the County of Santa Clara has the power to order a consolidation. The Town of Los Gatos further consents to and orders the consolidation of the General Municipal Election hereby called with the Statewide General Election and acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418, and to further provide that the Registrar of Voters canvass the returns of the municipal election. The County of Santa Clara is hereby authorized to certify the returns of the municipal election. 5. The polls for the election shall be open 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. on the same day when the polls shall be closed. 6. Pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election to be held in the Town of Los Gatos on November 5, 2024, may prepare a candidate statement. 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. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the Town Clerk at the same 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 4:00 p.m. of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate statement with the printed voter materials. The estimated cost per candidate for a 200- word statement,is $3,100. The estimate is an approximation of the actual costs associated with printing, handling, translating, and mailing the candidate statement. The Town Clerk shall provide written notice to such effect with each set of nomination papers issued and shall require payment of the estimated cost at the time the candidate statement is filed. In the event of an underpayment, candidates will be required to pay the balance of the cost incurred. In the event of an overpayment, the Town Clerk will refund the excess amount paid. 7. Pursuant to Section 10228 of the Elections Code, and Town Code Section 2.30.011, candidates are required to pay a filing fee in the amount of twenty-five dollars ($25.00), 2 of 3 Resolution 2024-029 June 4, 2024 which amount the Town Council hereby determines to be the amount which is proportionate to the costs of processing a candidate's nomination papers by the Town of Los Gatos. The Town Clerk shall provide written notice to such effect with each set of nomination papers issued. 8. That pursuant to Section 15651 (a) of the Elections Code of the State of California, the method of determining the winner or winners in the event of a tie vote (two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Santa Clara Registrar of Voter, shall be by lot. 9. The Town Clerk is hereby authorized and directed to certify to the adoption of this resolution and to transmit a certified copy to the Board of Supervisors of the County of Santa Clara and to the Registrar of Voters of the County of Santa Clara. 10. The Town Clerk is hereby authorized and directed to publish a notice of the General Municipal Election within the time and in the manner specified in the Elections Code Section 12112. The Town Clerk is further authorized and directed to do all other things required by law to hold the General Municipal Election above provided. 11. In all particulars not recited in this resolution, the municipal election shall be held and conducted as provided by law for holding municipal elections. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 4th day of June, 2024, by the following vote: COUNCIL MEMBERS: AYES: Maria Ristow, Rob Rennie, Rob Moore, Matthew Eludes, Mayor Mary Badame NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: (D/S/IpgL1 3 of 3 Resolution 2024-029 June 4, 2024