Staff Report with attachments
PREPARED BY: Shelley Neis
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022 ITEM NO: 5
DATE: June 4, 2020
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Calling for the Holding of a General Municipal Election to
be Held on November 8, 2022 for the Election of Three Town Council
Members, Requesting the Santa Clara County Board of Supervisors Render
Specified Services to the Town Related to the Conduct of the General
Municipal Election, 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 at the Election to be Held Tuesday,
November 8, 2022
RECOMMENDATION:
Adopt a Resolution calling for the holding of a General Municipal Election to be held on
November 8, 2022 for the election of three Town Council Members, requesting the Santa Clara
County Board of Supervisors render specified services to the Town related to the conduct of the
General Municipal Election, 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 at
the Election to be held Tuesday, November 8, 2022.
DISCUSSION:
The General Municipal Election of the Town of Los Gatos will be held on Tuesday, November 8,
2022, for the purpose of filling three Council Member seats. To conduct the election, the Town
Council must adopt a resolution calling for the General Municipal Election to fulfill certain legal
requirements. The Resolution calls for the holding of the election, requests consolidation with
the Statewide Election, establishes guidelines and costs associated with candidate statements,
and provides the process to resolve a tie vote.
PAGE 2 OF 2
SUBJECT: Adopt a Resolution Calling for the Holding of a General Municipal Election to be Held
on November 8, 2022 for the Election of Three Town Council Members, Requesting
the Santa Clara County Board of Supervisors Render Specified Services to the Town
Related to the Conduct of the General Municipal Election, 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 at the Election to be Held
Tuesday, November 8, 2022
DATE: May 26, 2022
DISCUSSION (continued):
The filing period for Town Council candidates in the November 8, 2022 Election begins Monday,
July 18, 2022 and ends at 5:00 p.m. on Friday, August 12, 2022. Pursuant to Elections Code
Section 10225, if an incumbent for a specific office fails to file Nomination Papers by the close
of the workday on August 12, 2022, the filing period will be extended five (5) calendar days for
that specific office for non-incumbents only. The extended filing period would close on
Wednesday, August 17, 2022 at 5:00 p.m. The Town Clerk will meet with potential candidates
by appointment only during regular business hours during the filing period.
The Resolution calling for the General Municipal Election sets the maximum word count for
candidate statements, which may be capped at either 200 or 400 words. Historically, the Town
of Los Gatos has allowed for up to 200 words in candidate statements. The Santa Clara County
Registrar of Voters (ROV) estimates the cost of publishing a 200-word candidate statement in
the Voter Information Guide to be $3,040. This cost is paid by each candidate who voluntarily
chooses to publish a candidate statement and represents the candidate’s pro rata share of the
cost to print, produce, and mail the statement. As permitted by Elections Code 10228 and
Town Code Section 2.30.011, the Town imposes a $25 filing fee. It is important to note, the $25
fee is a mandatory fee when filing Nomination Papers; the $3,040 is voluntary to publish a
candidate statement
FISCAL IMPACT:
The estimated cost from the ROV for the election of three (3) Council seats, not including the
candidate statement fee, is approximately $84,858 and the funding is included in the proposed
Fiscal Year 2022/23 Budget.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA and no further action is required.
Attachments:
1. Resolution Calling for the General Municipal Election
1 of 3
Resolution 2022- June 7, 2022
ATTACHMENT 1
RESOLUTION 2022- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION FOR THE
ELECTION OF THREE TOWN COUNCIL MEMBERS, REQUESTING THE SANTA CLARA
COUNTY BOARD OF SUPERVISORS CONSOLIDATE WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 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 AT THE ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022
WHEREAS, under the provisions of the laws in the State of California a General
Municipal Election shall be held on Tuesday, November 8, 2022 for the election of Municipal
Officers for the Town of Los Gatos; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide Election to be held on the same date, and that within the Town the election be held
in all respects as if there were only one election, and that the Santa Clara County Registrar of
Voters canvass the returns of the General Municipal Election.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos:
1. A General Municipal Election is hereby called to be held in and for the Town of Los
Gatos on Tuesday, November 8, 2022 for the purpose of electing three (3) Council
Members each for a full term of four (4) years.
2. Pursuant to the Elections Code Section 10002, the Town of Los Gatos requests the Board
of Supervisors of the County of Santa Clara to make available the services of the
Registrar of Voters for the purpose of performing the usual services necessary in the
conduct of the consolidated general municipal election, including the provisions of
election supplies and voters' pamphlets; and that upon approval of such requests, the
Registrar of Voters of the County of Santa Clara shall be reimbursed for all costs incurred
by said services.
3. 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
2 of 3
Resolution 2022- June 7, 2022
ATTACHMENT 1
Section 10418.
4. 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.
5. 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 8, 2022 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 $3,040. 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 within 30 days of the election.
6. 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),
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.
7. Pursuant to Elections Code Sections 10551 and 15651, if any two or more persons
receive an equal and the highest number of votes for an office to be voted for within the
Town, the method of determining the winner shall be by lot.
8. 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.
9. 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.
3 of 3
Resolution 2022- June 7, 2022
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos this 7th day of June 2022 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________