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us COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Diane R. Gladwell, City Clerk
SUBJECT: Special Municipal Election `
RECOMMENDATION:
1) Adopt a resolution calling a Special Municipal Election on March 28, 1995; and
2) Adopt a resolution requesting the Board of Supervisors of the County of San Luis
Obispo to conduct the election,
3) By motion, appropriate $75,000 from the General Fund, Unappropriated Fund
Balance to conduct the election.
4) By motion, direct the City Clerk to concurrently take steps to prepare for conducting
the election "in-house" in the event the County declines the City's request.
DISCUSSION:
Section 406 of the Charter provides for the filling of Council vacancies. At the Council
Meeting held December 6th, the Council requested a resolution calling a Special Municipal
Election to fill the current Council vacancy be placed on the agenda for December 13th as
an alternative, if required.
The first resolution (Attachment #1) calls the special election and sets forth the regulations
for the conduct of the election. Because the Charter requires the special election be held
within 90 - 120 days from the date of the vacancy, the dates normally required by the
Elections Code for both the nomination period and publication of the notice of election
cannot be met. As a result, we are recommending a nomination period of the same time
allowed by the Election Code, held December 28th through January 18th. The resolution
also calls for a minimum of three advertisements to be placed to more widely publicize the
Special Election.
The resolution requesting the Board of Supervisors conduct the election (Attachment #2)
is recommended, as has been the City's past practice. The services provided by the County
include printing and mailing of sample ballots, computer tabulation, precinct workers,
polling places and canvassing of the resolutions. Other election requirements including
additional municipal regulations and filings (i.e., Statement of Qualifications, conflict of
interest, State and City financial reporting) will be provided by the City Clerk's Office.
It is in the Board of Supervisors power to decline to conduct the election. I have been
communicating with the County Clerk's office, and they have stated that there should not
be problems with the turnaround times of the March election, but there are no other
elections scheduled until next Fall. If the Council adopts the resolution on December 13th,
it will be scheduled for the Board's next meeting,January 3rd. In the event that the Council
selects alternative #1, or the Board declines to conduct the election, I am obtaining bids
from election suppliers to enable us to conduct the election "in-house". With Council
concurrence, I will take other preliminary steps to assure that there will be no disruption
in the timetable if we pursue an "in-house" election.
The Council has adopted policies allowing candidates to submit 400 word statements, to be
printed at no charge in the candidate statements. In most jurisdictions, a 200-word
statement is allowed and the candidate is charged approximately $500 for sample ballot
printing. If the Council wishes to change this policy, it will need to be done prior to
December 28th.
A draft election calendar is attached. If the Council selects alternative #3, we recommend
the nomination period be shortened to two weeks (1/4 through 1/18).
CONCURRENCES:
The City Administrative Officer concurs with the recommendation.
FISCAL IMPACT:
$75,000, based upon previous special election expenses and increased postage rates. In
1991, the Special Election cost $60,859 for 22,116 registered voters with 32 consolidated
precincts. The City now has 26,983 registered voters and utilized 27 consolidated precincts
in the November election. Since this is unbudgeted, the funds would need to be provided
from the General Fund Unappropriated Fund Balance. The recommended $75,000 will be
adequate to support the cost of conducting an "in-house" election if necessary.
ALTERNATIVES:
1. Conduct the election "in-house", utilizing City resources, an election supplier and County
voter information. For consistency from the voters' perspective, we would maintain the
same polling places and precincts as would be used if the County conducted the election.
Ballot counting would be conducted in the Council Chambers, with the canvass of the
absentee ballots (including those submitted at the polls) commencing at the close of polls.
Estimated Cost': Additional Staff: $15,000
Printing, etc.: $33,000
Postage: $6,400
County: $1,500
Estimated Total: $55,900
'Based upon 5 candidates
"1
2. Schedule another Council meeting in December and endeavor to appoint a fifth Council
Member or call the Special Election. To accommodate the proposed nomination period and
the County's agenda deadlines for the Board's meeting of January 3rd, we recommend this
meeting be scheduled prior to December 23rd.
3. Continue this item until January 3rd. In this event, we would recommend a shorter
nomination period (two weeks: 1/4 through 1/18), and the risk of delaying election
preparations if the County declines to conduct the election is increased.
ATTACHMENTS:
1. Resolution calling for a Special Election
2. Resolution requesting the County conduct the election
3. Draft Election Calendar
4. Statement of Costs from 1991 Special Election
3-3
RESOLUTION NO. (1994 Series) .
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 28, 19959 FOR AN
ELECTION AS REQUIRED BY THE PROVISIONS OF THE CHARTER SECTION 406
FOR THE PURPOSE OF ELECTING A
COUNCIL MEMBER
WHEREAS, under the provisions of the Charter of the City of San Luis Obispo
Section 406, a Special Municipal Election shall be conducted to fill a vacancy on the
Council; and
WHEREAS, the City Council of the City of San Luis Obispo may be unable to fill
said vacancy within the time prescribed by the Charter; and
WHEREAS, Charter Section 406 does not allow the City to meet the requirements
of Elections Code sections 22836 providing for the method of nomination, or 22830 for
publication of the notice of election;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of San Luis
Obispo, State of California, does resolve, declare, determine, and order as follows:
SECTION 1. That pursuant to the requirements of the laws of the State of
California regarding Charter Cities and Charter Section 406, there is called and ordered to
be held in the City of San Luis Obispo, California, on Tuesday, March 28, 1995, a Special
Municipal Election for the purpose of electing a Council Member to a two-year term to end
December 1, 1996.
SECTION 2. That the ballots to be used at the election shall be in form and content
as required by law.
SECTION 3. That the City Clerk is authorized, instructed, and directed to procure
and furnish any and all official ballots, notices, printed matter and all supplies, equipment
and paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of
the day of the election and shall remain open continuously from that time until eight o'clock
p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of
the Elections Code of the State of California.
SECTION 5. That the dates set by the City Council for the nomination period will
be January 4, 1995 through January 18, 1995; and
SECTION 6. That notice of election will be published at least three times from
January 4, 1995 through January 18, 1995; and
SECTION 7. That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed, and directed to give further or additional notice of
the election, in time, form and manner as required by law.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
On motion of , seconded by , and
on the following roll call vote:
AYES:
.�s
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this day of 91993.
Mayor Allen Settle
City Clerk Diane R. Gladwell
Approved as to form:
ity Atto ey Pff Jorgensen
RESOLUTION NO. (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF SAN LUIS OBISPO TO RENDER SPECIFIED SERVICES TO THE CITY
RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, MARCH 28, 1995
WHEREAS, a Special Municipal Election is to be held in the City of San Luis
Obispo, California on Tuesday, March 28, 1995; and
WHEREAS, in the course of conduct of the election it is necessary for the City to
request services of the County; and
WHEREAS, all necessary expenses in performing these services shall be paid by the
City of San Luis Obipso;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of San Luis
Obispo, State of California, does resolve, declare, determine, and order as follows:
SECTION 1. That pursuant to the provision of Section 22003 of the Elections Code
of the State of California, the City Council requests the Board of Supervisors of the County
issue instructions to the County Clerk and Registrar of Voters to take any and all steps
necessary for the holding of a Special Election for the City of San Luis Obispo on Tuesday,
March 28, 1994 and said Board is hereby authorized to canvass the returns of the election
and certify the results of the canvass of the returns of the Special Municipal Election to the
Council of the City of San Luis Obispo, which shall thereupon declare the results thereof.
SECTION 2. That the City shall reimburse the County for services performed when
the work is completed and upon presentation to the City of a properly approved bill
pursuant to Section 51350 of the Government Code.
SECTION 3. The office of Council Member is to be voted on at said Special
Munipcal Election pursuant to Charter Section 406.
SECTION 4. The City Clerk is hereby directed to file certified copies of this
resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of
the County of San Luis Obispo.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
resolution.
On motion of , seconded by , and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this day of 91994.
Mayor Allen Settle
City Clerk Diane R. Gladwell
�r�
y
Approved as to form:
ty for Jef y Jorgensen
CITY OF SAN LUIS OBISPO
SPECIAL MUNICIPAL ELECTION
TUESDAY, MARCH 28, 1995
Wednesday, 12/21: Last day to adopt regulations for Candidates Statements (if
change to current.policy is desired). .
Tuesday, 12/13/94: Council to adopt resolutions calling election.
Wednesday, 12/28/94 -
Wednesday, 1/18/95: Publish Notice of Election.
Wednesday, 12/28/94: First day to obtain nomination papers from City Clerk.
Wednesday, 1/18: Last day to file nomination papers.
Thursday, 1/19: Candidates Statements open for review.
12:00 Noon
Thursday, 1/19: Secretary of State to determine order of names on ballot.
Thursday, 1/19: Publish Notice of nominees.
Thursday, 1/26: Last day to submit precinct consolidations to County.
Thursday, 1/26:. Suggested last day to appoint election officers &polling places.
Monday, 1/30 -
Tuesday, 1/14: Filing period for write-in candidates.
Thursday, 2/16: First State Disclosure Statement (Form 400's) due under the
provisions of the Fair Political Practices Act. Filing includes
all reportable items through Saturday, February 11, 1995. (G.C.
S 84200.7 and 5 84200.5).
Monday, 2/27: Last day to register to vote.
Monday, 2/27 - First day to request Absentee Ballot.
Tuesday, 3/7: Last day to mail sample ballots and polling place notices.
Wednesday, 3/8: Last day to publish Notice of Election A Polling Place notices.
Thursday, 3/16: Second State Disclosure Statement due (Form'400's) under the
provisions of the Fair Political Practices Act. Filing includes all
reportable items from Sunday, February 12 through Saturday,
March 11, 1995. (G.C. § 84200.7 and § 84200.5).
Saturday, 3/18: Publish notice of central counting place.
Tuesday, 3/21: Last day to obtain absentee ballot.
Tuesday, 3/21: First City Disclosure Statement due (form 101) under the
12:00 Noon provisions of the City's Campaign Election Regulations. Filing
includes all reportable items through Monday, March 20, 1995
at 5:00 p.m.
Wednesday, 3/22 -
Tuesday, 3/28: Emergency absent voting period.
Friday, 3/24: Suggested last day to post notice - absentee canvass.
Saturday, 3/25: Legal ad published disclosing contributions (SLOMC
§2.40.070(E).
Monday, 3/27: Last day to order canvass by City Clerk.
Monday, 3/27: Last day for Council to adopt procedures to resolve tie vote.
Tuesday, 3/28: Election Day
Tuesday, 3/28: Last day to receive absent voter ballots.
CLOSE OF POLLS
Tuesday, 3/28:, Clerk to canvass absent voter ballots
CLOSE OF POLLS
Saturday, 4/1: Last day to submit report on measures to Secretary of State.
Tuesday, 4/4: Clerk to canvass returns. .
Thursday, 5/4: Last day to file Statement of Economic Interests.
Monday, 7/31: Final State and City disclosure statements due. State filing
includes all reportable items. from Sunday, March 12, 1995
through Friday, June 30, 1995. (G.C. 84200.7) City filing
includes all reportable items from Tuesday, March 21, 1995
through Friday, June 30, 1995. (SLOMC 5 2.40.070)
ELECTION COST STATEMENT
CITY'S SPECIAL MUNICIPAL ELECTION - 4/9/91
LABOR
t
Temporary Employees 31709.36
County Labor Cost 26.753.68
SUBTOTAL 30,463.04
PRINTING
Ballot, sample ballot, absentee ballots, etc. 13,754.77
POSTAGE
Sample ballots, absentee ballot, etc. 9,275.32
OTHER DIRECT CHARGES FROM COUNTY
Computer Support OTS (from SLO County) 5,79550
Copies and Supplies 793.92
Advertising 544.35
Charges for Polling Places 120.00
Car/Garage/Vehicle 112.46
SUBTOTAL 7,366.23
TOTAL ELECTION EXPENDITURES $60,859.36