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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