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: __________________