5 - Election Reso,�pW N OF
V a'
!ps GAipS
DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 8122/12
ITEM NO: 5
COUNCIL AGENDA REPORT
August 16, 2012
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
ADOPT A RESOLUTION PROVIDING FOR THE APPOINTMENT OF
NOMINATED PERSONS AS IF ELECTED AT THE NOVEMBER 6, 2012
ELECTION AND CANCELLING SAID ELECTION
RECOMMENDATION:
Staff recommends the Town Council adopt a resolution (Attachment 1) to: 1) appoint the
nominated persons as if elected to those offices at the November 6, 2012 election; and 2) cancel
the November 6, 2012 municipal election in Los Gatos. Staff also recommends that the Council
direct the Clerk Administrator to forward a copy of the resolution to the Santa Clara County
Registrar of Voters Election Department notifying them of the Council's actions.
BACKGROUND:
As of the close of the nomination extension period on August 15, 2012 at 5:00 p.m., there are not
more candidates for Town Council than offices to be elected. Pursuant to Elections Code section
10229, the Town Council has the option of appointing the persons who have been nominated to
the open seats, and cancelling the November 6, 2012 General Municipal Election.
DISCUSSION:
The Town Council adopted Resolution No. 2012 -038 on June 18, 2012, which called for and
directed the Clerk Administrator, in cooperation with the Santa Clara County Registrar of
Voters, to conduct the November 6, 2012 election and request assistance from the Santa Clara
County Registrar of Voters.
PREPARED BY: MAZARIN A. VAKHARIA, CLERK ADMINISTRATOR ,l o
Reviewed by: Assistant Town Manager Q z Town Attorney Finance
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION PROVIDING FOR THE APPOINTMENT OF
NOMINATED PERSONS AS IF ELECTED AT THE NOVEMBER 6, 2012
ELECTION AND CANCELLING SAID ELECTION
August 22, 2012
At the close of the nomination extension period at 5:00 p.m. on August 15, 2012, the Town of
Los Gatos did not receive more candidate filings for seats on the Town Council than offices to be
elected in the November 6, 2012 election. The following candidate filings were received:
Marcia Jensen
Barbara Spector
The Santa Clara County Registrar of Voters verified that these candidates met the nomination
signature requirements.
California Elections Code Section 10229 specifies a procedure in the event that, at the close of
the nomination period, there is only one nominee for each of the available offices. The Town
Clerk Administrator is required to submit a certificate of these facts to the Town Council and
inform the Council of available options (Attachment 2). At a regular meeting or special meeting
held before the municipal election, the Council may adopt one of the following courses of action:
(1) Appoint to the office the person who has been nominated.
(2) Appoint to the office any eligible elector if no one has been nominated.
(3) Hold the election, if either no one, or only one person, has been nominated.
If no person has been appointed by the Council to the office by the 75th day before the municipal
election (August 23, 2012), the election shall be held.
Elections Code Section 10229 requires publication of a notice in a newspaper of general
circulation of the facts set forth in the Clerk's Certificate and the courses of action available.
This notice was published in the San Jose Post Record August 17, 2012. After the fifth day
following the date of publication, the governing body of the Town may make the appointment or
direct an election to be held. In order to meet these timelines, a special meeting of the Town
Council was scheduled for August 22, 2012. Any persons appointed at this meeting, if any, shall
qualify and take office and serve exactly as if elected at a municipal election for the office. The
appointed Councilmembers would take office at the first regular Town Council meeting in
December, in accordance with past practice.
If action is not taken by the Town Council by August 23, 2012, the municipal election will take
place on November 6, 2012.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION PROVIDING FOR THE APPOINTMENT OF
NOMINATED PERSONS AS IF ELECTED AT THE NOVEMBER 6, 2012
ELECTION AND CANCELLING SAID ELECTION
August 22, 2012
FISCAL AND ADMINISTRATIVE IMPACTS:
The Town is responsible for the cost of services performed by the Santa Clara County Registrar
of Voters relating to the November 6, 2012 election. Based on data provided by the Santa Clara
County Registrar of Voters, the estimated cost of the 2012 municipal election is between $40,000
and $50,000. This amount has been included in the Town's 2011 -12 General Fund and will be
saved if the election is not held.
ENVIRONMENTAL ASSESSMENT:
This action is not a project as defined by CEQA.
Attachments:
1. Proposed Resolution
2. Clerk Administrator Certification
RESOLUTION 12-
RESOLUTION PROVIDING FOR THE APPOINTMENT OF
NOMINATED PERSONS AS IF ELECTED TO THOSE OFFICES AT
THE NOVEMBER 6, 2012 ELECTION AND CANCELLING SAID
ELECTION
WHEREAS, as of the close of the nomination extension period on August 15, 2012,
there are not more candidates than offices to be elected for Los Gatos Town Council; and
WHEREAS, Section 10229 of the Elections Code of the State of California allows the Town
Council to appoint to the office the person who has been nominated; and
WHEREAS, as required by Section 10229 of the Elections Code of the State of
California the Town Clerk Administrator published notice on August 17, 2012, in a newspaper
of general circulation that there are not more candidates than offices to be elected; and
WHEREAS, such appointment will result in substantial savings by eliminating the
cost of holding an election for the offices of Council Members for which only one person has
been nominated for each office.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 10229 of the
Elections Code of the State of California, the Town Council of the Town of Los Gatos does
hereby declare, determine, and order as follows:
1. The following persons are appointed to the offices to which they were
nominated:
Name
Office
Marcia Jensen Town Council
Barbara Spector Town Council
Term
4 years
4 years
2. The persons appointed shall qualify and take office and serve exactly as if elected
at a municipal election for the office for terms commencing on the first regular Council
meeting in December.
3. The Los Gatos Municipal Election scheduled to be held on Tuesday, November
6, 2012, is hereby canceled.
ATTACHMENT i
PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Los Gatos,
California, held on the 22 "a day of August, 2012 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
CLERK ADMINISTRATOR CERTIFICATION THAT
THERE ARE NOT MORE CANDIDATES THAN OFFICES
TO BE ELECTED
I, Mazarin A. Vakharia, Clerk Administrator of the Town of Los Gatos, California,
do hereby certify, pursuant to Section 10229 of the Elections Code of the State
of California, to the following facts relating to the Municipal Election to be held
on Tuesday, November 6, 2012:
As of the close of the nomination extension period on August 15, 2012 at
5:00 p.m., there are not more candidates than offices to be elected.
The persons so nominated are as follows:
Marcia Jensen
Barbara Spector
Elections Code Section 10229 allows one of the following courses of action to
be taken by the Town 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.
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 Town Council makes an appointment pursuant to Section 10229 of
the Elections Code, the Town Clerk shall not accept for filing any statement of
write -in candidacy that is submitted after the appointment is made.
Y /k' A4
Mazarin Vakharia
Clerk Administrator
August 15, 2012
ATTACHMENT 2