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Election ResoMEETING DATE: 06/02/14 ITEM NO: 3 cos c�z s COUNCIL AGENDA REPORT DATE: MAY 22, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: A RESOLUTION OF THE TOWN OF LOS GATOS REQUESTING THAT THE COUNTY OF SANTA CLARA BOARD OF SUPERVISORS CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2014 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE AND AUTHORIZING OTHER RELATED ACTIONS RECOMMENDATION: Adopt a resolution requesting that the County of Santa Clara Board of Supervisors consolidate a General Municipal Election to be held on November 4, 2014, with the State -wide General Election to be held on the same date, pursuant to Elections Code Section 10403, and authorizing other related actions. Proposition 73, approved by the voters June 1988, prohibits public financing of candidates for elected office in California. Specifically Government Code Section 85300 provides as follows: "No public officer shall expend and no candidate shall accept any public moneys for the purpose of seeking elective office." Therefore, this resolution provides that each candidate is required to pay the actual costs of printing, handling and translating the candidate's statement which is incurred by the Town, up to the maximum allowed by the Elections Code. The resolution further directs that the Clerk Administrator is required to provide written notice to such effect with each set of nomination papers issued. Per Registrar of Voters, the estimated fee per candidate is $1,800.00. Of this amount $1,800.00 goes to the County Registrar of Voters for the translation of the candidate's statement into six other languages and the printing of the candidate's statement in the Registrar of Voter's choice of two languages. PREPARED BY: SHELLEY NEIS Clerk Administrator Reviewed by: X-1(4 Assistant Town Manager Town Attorney Finance NACLK\E1ections\2014 Election\Nov=bcr \Calling For Election.Doc PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF MAY 22, 2014 LOS GATOS ON NOVEMBER 4, 2014 DISCUSSION (continued) Under Section 10228 of the Elections Code there is also a required filing fee of $25.00 which covers some of the Town's costs for the processing of candidates' nomination papers. The General Election calendar issued by the Registrar of Voters for the November 4, 2014, election is included with this report as Attachment 2. FISCAL IMPACT: The total cost of the November 2012 General Election was $34,432.00. The FY 2014 -15 Budget includes the $54,000.00 estimated for the November 2014 General Election. The fees charged to the candidates will offset some of the costs of the services rendered for filing and printing candidate statements and the translation and printing charges for the 200 word candidate statements. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. Attachments: 1. Resolution ordering consolidation of elections 2. November 4, 2014 General Election Calendar RESOLUTION 2014- RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING THE CLERK ADMINISTRATOR AS THE TOWN'S ELECTION OFFICIAL AND ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 4,2014; REQUESTING SANTA CLARA COUNTY BOARD OF SUPERVISORS TO AUTHORIZE REGISTRAR OF VOTERS TO PROVIDE ELECTION SERVICES; REQUESTING CONSOLIDATION OF GENERAL STATE ELECTION WITH LOS GATOS MUNICIPAL ELECTION AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; DETERMINING TO LEVY THE COST OF CANDIDATES' STATEMENTS; REQUIRING PAYMENT OF CANDIDATES' FILING FEES; AND PROVIDING FOR GIVING NOTICE OF ELECTION FOR THE PURPOSE OF ELECTING THREE COUNCIL MEMBERS WHEREAS, the Los Gatos Town Council does hereby appoint and declare that the Clerk Administrator shall act as the Elections Officer for the Town of Los Gatos; and, WHEREAS, Los Gatos Town Code Section 2.30.010 provides that the general municipal election for the Town of Los Gatos shall be held on the day of the state wide general election; WHEREAS, pursuant to Part 3 of Division 10 of the California Elections Code, a general municipal election may be consolidated with a statewide election; and WHEREAS, a statewide election will be held on November 4, 2014; NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos: 1. A general municipal election hereby is called to be held in and for the Town of Los Gatos on Tuesday, November 4, 2014, to elect three (3) Council Members, each for a full term of four (4) years. 2. Pursuant to Elections Code Section 10002, the Town Council hereby 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 Council hereby 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 4, 2014, with respect to which the Board of Supervisors of the County of Santa Clara has the power to order a consolidation. The Town Council further consents to and orders the consolidation of the general municipal election hereby called with the statewide general election. Upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and Page 1 of 2 ATTACHMENT returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of law regulating the elections so consolidated. 4. The Clerk Administrator 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 12110. The Clerk Administrator is further authorized and directed to do all other things required by law to hold the general municipal election above provided. 5. Pursuant to Section 13307 of the Elections Code, the Town Council hereby determines to levy against each candidate availing himself or herself of the service of including a candidate's statement not to exceed two hundred (200) words in length in the voter's pamphlet, the actual costs of printing, handling and translating the candidate statement, incurred by the Town of Los Gatos. The Clerk Administrator 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. 6. Pursuant to Section 10228 of the Elections Code, and Town Code Section 2.30.011, each candidate shall 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 Clerk Administrator shall provide written notice to such effect with each set of nomination papers issued. 7. The Clerk Administrator 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 2nd day of June, 2014 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSTAINED: ABSENT: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 2 of 2 Abbreviated Gubernatorial General Election Calendar November 4, 2014 Town of Los Gatos DATES ACTIVITIES /DOCUMENTS July 2, 2014 DUE DATE FOR RESOLUTIONS FOR GOVERNING BOARD ELECTIONS TO SANTA CLARA COUNTY REGISTRAR OF VOTERS (ROV) Staff report to Council calling election June 2 or June 16 July 14, 2014 NOMINATION PERIOD OPENS First day candidates may meet with Town Elections Official to pick up nomination documents. It is recommended that candidates make an appointment to pull nomination documents prior to July 14. The Elections Official will begin meeting with candidates on July 14 by appointment only. August 6 through CONTRIBUTION /INDEPENDENT EXPENDITURES November 3, 2014 Sums over $1000 to /from a single source must be reported within 24 hours. The Independent Expenditure report is required only for committees (not candidate committees) that make independent expenditures totaling $1,000 or more to support or oppose a single candidate or a single ballot measure. Visit the Fair Political Practices Commission's (FPPC) website at www.fppc.ca.aov for more information. August 8, 2014 NOMINATION PERIOD CLOSES Deadline to file (in the Office of the Registrar of Voters only) all required nomination documents. WITHDRAWAL OF CANDIDATE No candidate shall withdraw after this date for offices which do not have an extension period. DUE DATE FOR MEASURE RESOLUTIONS AND TAX RATE STATEMENTS Last day for jurisdictions to file a resolution calling for a measure election, and if applicable, tax rate statements. August 9 through EXTENSION PERIOD * August 13, 2014 If an incumbent fails to file a Declaration of Candidacy by August 8th for his or her office, there will be a 5- calendar -day extension during which any candidate, NOTE: other than the incumbent, may file or withdraw from said office. Extension period applies to this election for the Town of Los Gatos. August 12, 2014 DUE DATE FOR ARGUMENTS Deadline set by the Registrar of Voters for submitting arguments in favor of and against a measure. ATTACHMENT 2 Abbreviated Gubernatorial General Election Calendar November 4, 2014 Town of Los Gatos DATES ACTIVITIES /DOCUMENTS August 14, 2014 RANDOMIZED ALPHABET DRAWING This day the Secretary of State and the local elections official will conduct a drawing of letters of the alphabet to determine the order in which candidates appear on the ballot. August 19, 2014 DUE DATE FOR REBUTTALS AND IMPARTIAL ANALYSES Deadline set by the Registrar of Voters for submitting rebuttals to arguments in favor of and against and the impartial analysis. September 8 through WRITE -IN CANDIDACY OPENS AND CLOSES October 21, 2014 Time frame for write -in candidates to obtain and file nomination documents in the Office of the Registrar of Voters. October 6, 2014 * ** F.P.P.C. 1s' PRE - ELECTION STATEMENT DUE Deadline for financial disclosure report Form 460 covering the period of 7- 1 -14 ** to 9- 30 -14. October 6, 2014 FIRST DAY FOR MAILING OF VOTE BY MAIL BALLOTS First day of mailing of Vote by Mail ballots. October 20, 2014 LAST DAY TO REGISTER TO VOTE FOR NOVEMBER ELECTION Deadline to register to be eligible to vote in the November 6, 2014 election. October 23, 2014 F.P.P.C. 2nd PRE - ELECTION STATEMENT DUE Deadline for financial disclosure report Form 460 covering the period of 10 -1 -14 to 10- 18 -14.. October 28, 2014 LAST DAY TO REQUEST VOTE BY MAIL BALLOT BY MAIL Deadline to submit a request for a Vote by Mail ballot to be mailed to voter. NOVEMBER 4, 2014 ELECTION DAY Polls are open from 7:00 a.m. to 8:00 p.m. December 2, 2014 OFFICIAL CANVASS OF VOTE Registrar of Voters to certify election results by December 2, 2014. * The legal 10- calendar -day public examination period in which a writ of mandate may be sought begins immediately following the filing deadline for submission of those documents. The writ of mandate request shall be filed no later than the end of the 10- calendar -day public examination period. ** The period covered by any statement begins on the day after the closing date of the last statement filed, OR January 1", if no previous statement has been filed. * ** Due to weekend.