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Staff ReportPREPARED BY: SHELLEY NEIS Clerk Administrator Reviewed by: Assistant Town Manager Town Attorney Finance S:\COUNCIL REPORTS\2016\06-21-16\02 Election Consolidation\Staff Report -Requesting Consolidated Election.FINAL.Docx MEETING DATE: 06/21/16 ITEM NO: 2 COUNCIL AGENDA REPORT DATE: JUNE 7, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, 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 8, 2016 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 8, 2016, with the statewide General Election to be held on the same date, pursuant to Elections Code Section 10403, and authorizing other related actions. DISCUSSION: Consistent with the California Elections Code Section 10403, the Town must adopt a resolution to ask the Santa Clara County Board of Supervisors to consolidate the Town’s municipal election with the statewide General Election on November 8, 2016 (Attachment 1). In addition, this report discusses specific issues pertaining to fees that are applicable to the November election. 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, the draft 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 $1,630.00. Of this amount $1,630.00 goes to the County Registrar of PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 8, 2016 JUNE 7, 2016 DISCUSSION (continued) 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. Under Section 10228 of the Elections Code, and Town Code Section 2.30.011, 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 8, 2016, election is included with this report as Attachment 2. FISCAL IMPACT: The total cost of the November 2014 General Election for three Council seats was $38,949.00. The Fiscal Year 2016-17 Budget includes the $43,900.00 estimated for the November 2016 General Election for two Council seats. 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: This item is not a project defined under CEQA, and no further action is required. Attachments: 1. Draft Resolution ordering consolidation of elections 2. November 8, 2016 General Election Calendar Page 1 of 2 ATTACHMENT 1 RESOLUTION 2016- 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 8, 2016; 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 TWO 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 statewide 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 8, 2016; 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 8, 2016, to elect two (2) 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 8, 2016, 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 hereb y called with the statewide general election and acknowledges that the consolidated election will be held and conduc ted in the manner prescribed in Section 10418. Page 2 of 2 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 nomi nation 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 21st day of June, 2016 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSTAINED: ABSENT: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________