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HomeMy WebLinkAbout05-17-2016 Item 08 November 8, 2016 Municipal Election Meeting Date: 5/17/2016 FROM: Lee Price, MMC, Interim City Clerk SUBJECT: NOVEMBER 8, 2016 REGULAR MUNICIPAL ELECTION RECOMMENDATION: 1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016, for the election of certain officers as required by the provisions of the City Charter and adopting regulations for Candidates’ Statements; and 2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, requesting the San Luis Obispo Board of Supervisors to consolidate the General Municipal Election on Tuesday, November 8, 2016, with the Statewide General Election to be held on that date.”; and 3. Confirm the setting of a Special Meeting on Thursday, December 1, 2016 at twelve o’clock noon to adopt a Resolution certifying the results of the election and to administer oaths of office to the newly elected Mayor and Council Members. DISCUSSION The City Council is being requested to call a General Municipal Election to be held on November 8, 2016 for the election of two (2) members of Council and the Mayor. Adoption of these resolutions will set regulations for candidate statements, request consolidation of the election with the County and authorize the County Clerk/Elections Department to canvass the returns and provide other services relating to the conduct of the election. Pursuant to Section 404 of the City Charter, the Council is also being asked to confirm the scheduling of a special meeting on Thursday, December 1, 2016 at twelve o’clock noon for the purpose of seating the newly elected Mayor and City Council Members. Pursuant to Section 302 of the City Charter, the City’s General Municipal Election to fill elective offices shall be held on the first Tuesday, after the first Monday, in November of even-numbered years. California Election Code establishes procedures and requirements for conducting a General Municipal Election. In addition, State Elections Code §13307 contain provisions related to the printing, distribution and estimated costs of candidates' statements in the voters’ sample ballot. Two resolutions are required to facilitate the conduct of the City’s November 8, 2016, General Municipal Election: 8 Packet Pg. 220 1. Calling the Election. The resolution calling the election authorizes the City Clerk and the County Clerk/Elections Department to conduct a consolidated election and includes provisions related to candidates' statements. The resolution allows for the filing of a candidate's statement of no more than 200 words and specifies that candidates pay the costs for including the statements in the voters’ sample ballot. The estimate for printing a candidate's statement in the ballot pamphlet is approximately $640 per statement. 2. Requesting Consolidation. The resolution requesting consolidation allows the City to combine its election with the statewide election and avoid duplication of printing and mailing of sample ballots, computer tabulation, precinct workers and canvassing results. Other requirements, including issuing and accepting nomination papers and other legal advertising as is required by the City's Election Campaign Regulations will be performed by the City Clerk. All filings, including Candidates' Statements of Qualifications, Statements of Economic Interests, and Campaign Disclosure Statements, will be administered through the City Clerk's Office. FISCAL IMPACT The cost of the election will be influenced by the number of candidates filing for elected office. It is estimated that the election will cost approximately $50,000. The 2016-2017 Supplemental Budget includes resources in the City Clerk’s program to pay those costs. Attachments: a - Resolution Calling Election b - Resolution Consolidating Election 8 Packet Pg. 221 R ______ RESOLUTION NO. _____ (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8 , 2016, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND ADOPTING REGULATIONS FOR CANDIDATES' STATEMENTS WHEREAS, under the provisions of the San Luis Obispo City Charter Section 302, a General Municipal Election shall be held on Tuesday, November 8 , 2016, for the election of Municipal Officers. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election shall be held on Tuesday, November 8 , 2016, for the purpose of electing a Mayor for the full term of two years and two Council Members for the full term of four years each. 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 coordinate with the San Luis Obispo County Clerk/Elections Department 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, pursuant to Elections Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. That pursuant to Elections Code Sections 13307 and 13308, each candidate for elective office may prepare a Candidate Statement of Qualification on an appropriate form provided by the City Clerk. A. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. B. The statement shall not include party affiliation of the candidate, membership or activity in partisan political organizations, and shall not in any way make reference to other candidates for the same office or to another candidate’s qualifications, character, or activities. 8.a Packet Pg. 222 At t a c h m e n t : a - R e s o l u t i o n C a l l i n g E l e c t i o n ( 1 3 4 8 : N o v e m b e r 2 0 1 6 E l e c t i o n ) Resolution No. (2016 Series) Page 2 R ______ C. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate’s nomination papers are filed. D. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. E. Pursuant to Elections Code Section 13313, the statement shall remain confidential until after the close of the nomination period and will be available for public examination for no less than 10 days after the close of nominations. Any challenges to a statement must be made during this 10-day period. SECTION 6. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Luis Obispo . The County will print and mail sample ballots and candidates’ statements to all voters in English and in Spanish. SECTION 7. Each candidate who files a Candidate Statement of Qualifications will be required to pay an estimated deposit at the time the statement is filed to cover the cost of the printing and handling. The estimated deposit amount is an approximation of the actual cost and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and will bill the candidate for additional actual expense or refund any excess amount paid depending on the final actual cost. SECTION 8. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this resolution at the time nomination papers are issued. SECTION 9. That the City Clerk is hereby directed to file a certified copy of this resolution with the County Clerk-Recorder. SECTION 10. That 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 adopted this day of 2016. Mayor Jan Marx ATTEST: 8.a Packet Pg. 223 At t a c h m e n t : a - R e s o l u t i o n C a l l i n g E l e c t i o n ( 1 3 4 8 : N o v e m b e r 2 0 1 6 E l e c t i o n ) Resolution No. (2016 Series) Page 3 R ______ Lee Price, MMC Interim City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ______________________________ Lee Price, MMC Interim City Clerk 8.a Packet Pg. 224 At t a c h m e n t : a - R e s o l u t i o n C a l l i n g E l e c t i o n ( 1 3 4 8 : N o v e m b e r 2 0 1 6 E l e c t i o n ) R ______ RESOLUTION NO. _____ (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8 , 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE WHEREAS, the City Council of the City of San Luis Obispo has called a General Municipal Election to be held on November 8 , 2016, for the purpose of the election of a Mayor and two Members of the City Council; and WHEREAS, Section 302 of the City Charter establishes November of even-numbered years as the date for conducting the City's General Municipal Election; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the San Luis Obispo County Clerk/Elections Department canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo does declare, determine and order as follows: SECTION 1. Pursuant to the requirements of the Section 10403 of the Elections Code, the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to the consolidation of the General Municipal Election with the Statewide General Election to be held on Tuesday, November 8 , 2016 for the purpose of the election of a Mayor and two Members of the City Council. SECTION 2. The San Luis Obispo County Clerk/Elections Department is authorized to canvass the returns of the General Municipal Election and declare the results thereof. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. The Board of Supervisors is hereby requested to issue instructions to the County Clerk/Elections Department to take any and, all steps necessary for the holding of said General Municipal Election. The City recognizes that additional costs will be incurred by the County by reasons of this consolidation and agrees to reimburse the County for any costs. SECTION 4. The City Clerk is hereby directed to file a certified copy of this resolution with the County Clerk-Recorder. 8.b Packet Pg. 225 At t a c h m e n t : b - R e s o l u t i o n C o n s o l i d a t i n g E l e c t i o n ( 1 3 4 8 : N o v e m b e r 2 0 1 6 E l e c t i o n ) Resolution No. (2016 Series) Page 2 R ______ SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2016. Mayor Jan Marx ATTEST: Lee Price, MMC Interim City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. _____________________________ Lee Price, MMC Interim City Clerk 8.b Packet Pg. 226 At t a c h m e n t : b - R e s o l u t i o n C o n s o l i d a t i n g E l e c t i o n ( 1 3 4 8 : N o v e m b e r 2 0 1 6 E l e c t i o n ) Page intentionally left blank.