HomeMy WebLinkAboutAGENDA REPORT 2008 1203 CC REG ITEM 09B ITEM g . a.
CITY OF MOORPARK,CALIFORNu
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AGENDA REPORT 44% '>ii.
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Administrative Services Director/City Clerk
DATE: November 24, 2008 (CC Meeting of 12/3/08)
SUBJECT: Consider Date of Special Election to Fill a Vacancy on the City Council,
and a Resolution Calling and Giving Notice of the Holding of a Special
Municipal Election for the Election of a Certain Officer of the City and a
Resolution Requesting the Board of Supervisors of the County of
Ventura to Permit the County Clerk to Render Services to the City of
Moorpark for the Special Municipal Election and to Canvass the
Returns
BACKGROUND AND DISCUSSION
At the December 3, 2008, regular City Council meeting, the November 4, 2008, General
Municipal Election results are scheduled to be certified. Following that certification and the
issuance of the oath of office for the new Mayor, there will be a Councilmember position
vacancy, as previously discussed at the City Council meetings on October 8 and November
5, 2008.
Section 2.04.050 of the Municipal Code requires the City Council to fill a vacancy by
appointment within 30 days from the commencement of the vacancy. That appointment
would be in effect only until the date of a special election (or certification of that election)to
fill the remainder of the term. Staff is currently recruiting for an interim City Councilmember
position, and there is a separate item on this agenda regarding the interviews to be
scheduled for a December 10, 2008, special meeting. The decision that must now be
made is the date of the Special Municipal Election. The City Attorney had previously
provided the City Council with information regarding potential election dates. If the election
is called on December 3, an all mail ballot election could be held as early as April 7, 2009,
or another Tuesday in April or May (not following a Monday holiday). The other election
date option previously discussed was the regular State designated election date of June 2,
2009.
After researching the potential election dates, staff is recommending the regular election
date of June 2, 2009. Reasons for this recommendation include the following:
(10022
Honorable City Council
December 3, 2008, Regular Meeting
Page 2
• If the State determines to hold an election in June (the potential for which is still
unknown), the City would benefit from the reduction in our costs due to
consolidation. If the State does call an election for June, the City would need to
later amend the Council resolution calling the election to request consolidation.
• The County of Ventura Elections staff will be able to provide the election services for
a June election, saving a lot of City staff time. The Assistant Registrar of Voters did
not rule out their providing election services for an all mail ballot election; however,
their response was not as affirmative, and they have not previously conducted an all
mail ballot election for a City. Their rough estimate of cost for a June 2 election is
$100,000 or less. Their rough estimate for an all mail ballot election is
approximately $115,000. The reason for the higher cost is the additional postage
and the staff time required to proof the signature on every vote-by-mail ballot. For a
June 2 election, the County anticipates consolidation of polling places, reducing poll
worker costs and supply costs.
Staff also received estimates of private election service provider costs if the City
were to run the election for an all mail ballot election. These contract services cost
estimates total approximately$80,000, and that doesn't include the City staff costs.
Based on our 2006 special election experience (with staff costs that totaled
approximately $85,000), the additional City staff costs to run our own 2008 special
election, in combination with the private consultant costs, would exceed the
County's cost estimates. An additional concern is that other City priorities would be
impacted by the amount of time staff would need to spend running the special
election.
• The filing period for nomination papers and candidate statements for a June 2,
2009, election would be from February 9 to March 6. In comparison, an election
the first or second week in April would require the filing period to occur during the
Christmas and New Year's holiday weeks (December 15-January 9 for an April 7
election, and December 22-January 16 for an April 14 election), with City Hall
currently scheduled to be closed four and one half days during the Christmas and
New Year's weeks, and potentially conflicting with vacation schedules and impacting
collection of signatures on nomination papers.
The Martin & Chapman election calendars for the election dates of April 12 and June 2,
2009, are attached (see Attachments 1 and 2), and the County's June 2, 2009, election
calendar is also attached (see Attachment 3). If the Council determines to have an April 7
or 14, 2009, all mail ballot election, the election resolutions should be adopted at the
December 3, 2008, regular meeting (for example, on the attached schedule for the April 14
election, the suggested last date for the Council to adopt the election resolutions is
December 8). If the Council determines to have a June 2, 2009 election, the deadline for
adopting the resolutions (and filing with the County Clerk) is January 26, 2009.
Honorable City Council
December 3, 2008, Regular Meeting
Page 3
Attached to this report are the resolutions for calling a June 2009 election. The first
resolution attached to this report calls the election (see Attachment 4). The second
resolution attached to this report requests that the Board of Supervisors permit the County
Clerk to render services in conducting the Municipal General Election (see Attachment 5).
If the Council decides to move forward with a different election date, then the attached
resolutions would need to be revised to incorporate the selected election date.
STAFF RECOMMENDATION
1. Select date of June 2, 2009, for Special Municipal Election; and
2. Adopt Resolution No. 2008- and Resolution No. 2008-
Attachments:
1. Martin & Chapman April 14, 2009, Election Calendar
2. Martin & Chapman June 2, 2009, Election Calendar
3. County of Ventura June 2, 2009, Election Calendar
4. Draft Resolution Calling Election
5. Draft Resolution Requesting County of Ventura to Provide Election Services
"00 024
ATTACHMENT 1
City Elections
General Municipal Election
April 14, 2009
Laws in effect in 2008
Black=Consolidated City
Black
Black &blue=Poiting Place City
Date(s) E minus I to E minusl ctlon
October 24 -172 Suggested Last Day to File Petitions Regarding Measure
December 8 -127 Suggested Last Day for Council to Adopt Resolutions
December 8 to December 22 -127 -113 Election Official to Publish Notice of Election-Candidates
December 15 -120 Last Day to Adopt Regulations for Candidates Statements
December 22 to January 16 -113 -88 Filing Period for Nomination Papers and Candidate's Statements
or January 19 -85 (if city is closed on Friday)
December 23 -112 Suggested Last Day to Call Election For Ballot Measures
December 24 -111 Suggested Last Day to Post Notice of Deadline for Filing Arguments
January 6 -98 Suggested Last Day to File Arguments/Must Be 14 days after Council calls Election
January 16 -88 Suggested Last Day to File Rebuttal Arguments/10 Days after Arguments
January 16 -88 Last Day to Call Election For Ballot Measures
January 16 or January 19 -88 -85 Last Day to File Nomination Papers
January 21 -83 Last Day to File Nomination Papers-Extended Filing Period
January 21 -83 Last Day to Withdraw Measure(s)from Ballot
January 22 -82 Secretary of State to Determine Order of Names on Ballot
January 29 -75 Time to Cancel Election-Insufficient Candidates
January 31 Last Day to File Campaign Expenditure Statements-Semi-Annual Statement
Frt_r;Iary 12 -61 Suqgeleo-asi Day to Fibers
February 16 to March 31 -57 -14 Filing Period for Write-in Candidate
March 5 -40 Last Day to File Campaign Expenditure Statements-1 st Pre-election Statement
lalarch 16 -2
r ami k 16 to Aphl 7 -29 -i Voterc',"ay Req;est '..e by r:a, 6ailots
March 30 -15 Last Day to Register to Vote
March 31 -14 Last Day to File for Write-in Candidate
P11a:CF 31 -14 Last L?iy to Pre.am L:!of P ec in, s a•;th^.iuIti lino a:Pr ec_.:; -r1a r,l"'A en C,r S
April 2 -12 Last Day to File Campaign Expenditure Statements-2nd Pre-election Statement
April 7 -7 Last Day for Election Official to Publish Notice of Nominees
ApO 7 -7 Last ;7r to, ..., sh Notice.... ..'ing Places
ast o Post Not ce of Pol',n j Paces a Prec r'ci Boai,, .".,nber
t1pr:!r -7 L- 'Y
April 8 to April 14 -6 Emergency/Late Vote by Mail Voting Period
April 13 -1 Last Day for Council to Adopt Procedures to Resolve Tie Vote
April 14 0 ELECTION DAY
No Later Than May 8 24 Declaration of the Results
April 20 to May 8 (At same meeting as Reorganize Council and Choose Mayor and Mayor Pro Tem
Declaration of Results and
Installation)
No Later Than Play 12 28 Last Day Post N t;,-e,�f Pret'ipir ?)ard Nle!?'hers.
April 1 Last Day to Submit Report on Measures to Secretary of State
May 20 to June 7 (30 days after Assuming Last Day to File Statement of Economic Interests
Office)
July 31 Last Day to File Campaign Expenditure Statements-Semi-Annual Statement
(R2/28/2008)
Prepared by Martin+Chapman Co. www.martinchapman.com
"00025
ATTACHMENT 2
June 2,2009 City Conducts.xls
City Elections
General Municipal Election
June 2, 2009
Laws in effect in 2009
Date(s) I E minus ItoEminusi Action
December 12 -172 Suggested Last Day to File Petitions Regarding Measure
January 26 -127 Suggested Last Day for Council to Adopt Resolutions
January 26 to February 9 -127 -113 Election Official to Publish Notice of Election-Candidates
Last Day to File Campaign Expenditure Statements-Semi-Annual Statement
February 2 -120 Last Day to Adopt Regulations for Candidates Statements
February 9 to March 6 -113 -88 Filing Period for Nomination Papers and Candidate's Statements
or March 9 -85 (if city is closed on Friday)
February 10 -112 Suggested Last Day to Call Election For Ballot Measures
February 11 -111 Suggested Last Day to Post Notice of Deadline for Filing Arguments
February 24 -98 Suggested Last Day to File Arguments/Must Be 14 days after Council calls Election
March 6 -88 Suggested Last Day to File Rebuttal Arguments/10 Days after Arguments
March 6 -88 Last Day to Call Election For Ballot Measures
March 6 or March 9 -88 -85 Last Day to File Nomination Papers
March 11 -83 Last Day to File Nomination Papers—Extended Filing Period
March 11 -83 Last Day to Withdraw Measure(s)from Ballot
March 12 -82 Secretary of State to Determine Order of Names on Ballot
March 19 -75 Time to Cancel Election—Insufficient Candidates
Last Day to Submit Report on Measures to Secretary of State
April 2 -61 Last Day to Submit Precinct Consolidations to County
April 2 -61 Suggested Last Day to Designate Polling Places
April 2 -61 Suggested Last Day To Request Postage Check for Mailing of Sample Ballot Pamphlets
April 6 to May 19 -57 -14 Filing Period for Write—in Candidate
April 23 -40 Last Day to File Campaign Expenditure Statements-1st Pre-election Statement
May 4 -29 Last Day to Designate Polling Places&Appoint Precinct Board Members
May 4 -29 First Day to Mail out Permanent Vote-by-Mail Voter Ballots
May 4 to May 26 -29 -7 Voters May Request Vote-by-Mail Ballots with Regular Applications
May 12 -21 Last Day to Mail Sample Ballots and Polling Place Notices
May 18 -15 Last Day to Register to Vote
May 19 -14 Last Day to File for Write—in Candidate
May 19 -14 Last Day to Prepare List of Precincts with Multi-lingual Precinct Board Members
May 21 -12 Last Day to File Campaign Expenditure Statements-2nd Pre-election Statement
May 22 -11 First Day to Process Returned/Voted Vote-by-Mail Voter Ballots
May 23 -10 Publish Notice of Central Counting Place
May 26 -7 Last Day for Election Official to Publish Notice of Nominees
May 26 -7 Last Day to Publish Notice of Polling Places
May 26 -7 Last Day to Post Notice of Polling Places&Precinct Board Members
May 27 to June 2 -6 Emergency/Late Vote-by-Mail Voting Period
May 29 -4 Last Day to Post Notice—Vote-by-Mail Canvass
May 29 -4 Suggested Last Day to Post Notice of Manual Tally
June 1 -1 Last Day for Council to Adopt Procedures to Resolve Tie Vote
June 2 0 ELECTION DAY
June 2 0 Last Day to Receive Vote-by-Mail Voter Ballots
June 2 0 Election Official to Canvass Vote-by-Mail Voter Ballots
No Later Than June 26 24 Election Official to Canvass the Returns
No Later Than June 26 24 Declaration.of the Results
June 8 to June 26 (At same meeting as Reorganize Council and Choose Mayor and Mayor Pro Tern
Declaration of Results and
Installation)
No Later Than June 30 28 Last Day to Post Notice of Precinct Board Members
July 8 to July 26 (30 days after Assuming Last Day to File Statement of Economic Interests
Office)
Last Day to File Campaign Expenditure Statements-Semi-Annual Statement
(R10/8/2008)
Prepared by Martin+Chapman Co. www.martinchap"l. o�{ls9 dC`
ATTACHMENT 3
County of Ventura Elections Division
Calendar of Election
June 2, 2009
December 12, 2008 Last day to file petitions regarding measures and/or initiatives.
(E - 172 days)
January 26, 2009 Last day to request consolidation by delivering resolution for
(E - 127 days) cities, schools and special districts for offices to be filled.
February 2, 2009 Publish Notice of Election.
(E - 120 days)
February 9, 2009 Last day to request consolidation for measures by delivering
(E - 113 days) resolutions from cities, schools and special districts, including ballot
question text.
February 9, 2009 Nomination period begins.
(E - 113 days)
February 16, 2009 Exact.wording of measure, tax rate statement, and full text due to
(E - 106 days) County Elections Office.
February 16, 2009 Newspaper publication of Notice of Election and Synopsis of
(E - 106 days) Measures with dates of of Arguments/Rebuttals. (Public
examination opens for 10 days immediately upon receipt of
documents.)
February 17, 2009 Measures to County Counsel (or City Attorney) for Impartial
(E - 105 days) Analysis and Ballot Label.
Feb. 17 - 25, 2009 Arguments filing period. Public exam Feb. 26 through March 7.
(E - 105-97 days)
Feb. 26 - March 6, 2009 Rebuttals filing period. Public exam March 7 through 16. 2008
(E - 96-88 days)
March 6, 2009 Last day of nomination period.
(E - 88 days)
March 7 - 11, 2009 Extension of nomination period.
(E - 87 - 83 days)
March 12, 2009 Random alpha drawing for names appearing on the ballot.
(E - 82 days)
March 20, 2009 Sample Ballot pages to printers.
(E - 74 days)
April 23, 2009 Mail Sample Ballots to voters.
(E - 40 days)
NOTE: Resolutions requesting consolidation for measures received after February 9 will
have shortened and/or NO Argument/Rebuttal periods.
ATTACHMENT 4
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, JUNE 2, 2009, FOR THE ELECTION OF A
CERTAIN OFFICER OF THE CITY TO FILL A VACANCY AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE
OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND THE
CITY MUNICIPAL CODE
WHEREAS, under the provisions of the laws relating to general law cities in the
State of California, a Special Municipal Election shall be held on June 2, 2009, for the
election of a Municipal Officer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered to be held in the City of
Moorpark, California, on Tuesday, June 2, 2009, a Special Municipal Election for the
purpose of electing one member of the City Council to fill a Councilmember vacancy for a
term to expire in November 2010.
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 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 14401
of the Elections Code of the State of California.
SECTION 6. 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 7. That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give such further or additional notice
of the election, in time, form, and manner required by law.
SECTION 8. That the City Clerk of the City of Moorpark is hereby directed to file a
certified copy of this Resolution with the Board of Supervisors and the County Clerk of the
County of Ventura.
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.
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 3rd day of December, 2008.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
1V�02
ATTACHMENT 5
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF VENTURA TO PERMIT THE
COUNTY CLERK TO RENDER SERVICES TO THE CITY OF
MOORPARK RELATED TO THE CONDUCT OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON JUNE 2, 2009, AND TO
CANVASS THE RETURNS OF THE SPECIAL MUNICIPAL
ELECTION
WHEREAS, a Special Municipal Election is to be held in the City of Moorpark,
California, on June 2, 2009, for the purpose of electing a certain officer of the City to fill a
vacancy on the City Council; and
WHEREAS, pursuant to Section 10002 of the Elections Code, the City of Moorpark
wishes to have the County Clerk of Ventura County render specified services to the City
relating to the conduct of the election; and
WHEREAS, the City of Moorpark authorizes the Board of Supervisors of Ventura
County to direct the County Clerk to canvass the election returns of the Special Municipal
Election to be held in the City of Moorpark on June 2, 2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to the Elections Code, the Board of Supervisors is
requested to permit the County Clerk to render services with respect to the conduct of the
Special Municipal Election, as shown on Exhibit A, attached hereto and made a part
hereof; and that any and all other such services be rendered as may be necessary to
complete the election.
SECTION 2. That the County Clerk of said County is hereby authorized to canvass
the returns of said Special Municipal Election.
SECTION 3. That the City of Moorpark recognizes that additional costs will be
incurred by the County by reason of these services being rendered, and agrees to
reimburse the County for any such costs.
SECTION 4. That the City Clerk of the City of Moorpark is hereby directed to file a
certified copy of this Resolution with the Board of Supervisors of the County of Ventura.
Resolution No. 2008-
Page 2
SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of December, 2008.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit A— Request for Specified Election Services
10003JL
Resolution No. 2008-
Page 3
EXHIBIT A
VENTURA COUNTY
REQUEST FOR SPECIFIED ELECTION SERVICES
TO: PHILIP J. SCHMIT, Ventura County Clerk and Recorder
FROM: MOORPARK DEBORAH S. TRAFFENSTEDT
(City) (City Clerk)
ELECTION: SPECIAL MUNICIPAL DATE: June 2, 2009
ITEM #1 PUBLICATIONS
X A. County elections official is requested to publish: Notice of Election of
Measure, Offices, Nominees, Elections Officers and Polling Places.
B. City will publish.
ITEM #2 CANDIDATE & MEASURE FORMS
County elections to provide one master set for copying.
ITEM #3 CANDIDATE & MEASURE/INITIATIVE PROPONENT FILINGS
County elections will check nomination petition signatures.
County elections to serve as filing official for all Measure document filings,
i.e. deadline filing dates, maximum number of words, forms, and format.
A. City to be billed for costs of handling and printing of all measure
materials. Pursuant to Elections Code Section 10002, City agrees to
reimburse county elections official in full for the services performed upon
presentation of a bill.
County elections to prepare the set-up and verification of signatures
submitted on an initiative, recall or referendum attempting to qualify for the
ballot.
A. Random sample of 500 signatures.
B. Full check of all signatures submitted.
ITEM #4 CANDIDATE STATEMENT
X A. Maximum number of words permitted for the Candidate's Statement
will be 200 words.
i 03,2
Resolution No. 2008-
Page 4
X B. City to be billed for pro-rata cost of handling and printing Candidate
Statements. Pursuant to Elections Code Section 10002, City agrees
to reimburse county elections official in full for the services performed
upon presentation of a bill. (City candidates to pay City pro-rata cost
of handling and printing of Candidate Statements.)
C. City candidates to pay County pro-rata cost of handling and printing of
Candidate Statements.
ITEM #5 CAMPAIGNING REPORTING MATERIALS
County elections official will furnish one master set for copying.
ITEM #6 CANDIDATE CERTIFICATES AND OATHS OF OFFICE
NA A. County elections official is requested to furnish Certificates and Oaths
of Office.
1. Blank forms only - number requested
2. Forms filled in appropriately - number requested
X B. City will furnish Certificates and Oaths of Office.
ITEM #7 ELECTION DAY VOTER INFORMATION
X CD of registered voters and a list of polling places.
ITEM #8 ELECTION NIGHT RESULTS
X On-line results
X FAX to 805-532-2525
Fax number to be used
Listed below are additional services provided only by the County for each election:
SPANISH TRANSLATIONS — County elections official will arrange for all translations
pursuant to Elections Code Section 13307.
PRINTING OF SAMPLE BALLOTS—County elections official will arrange for all printing of
Candidates' Statements and arguments/analyses in the Sample Ballot for each election.
Resolution No. 2008-
Page 5
VOTE BY MAIL BALLOTS — County elections official will handle all vote by mail ballots,
including the checking of applications and ballot mailing. Applications and envelopes will
be provided to City Clerks.
POLLING PLACES/PRECINCTS ASSIGNMENTS-County elections official will determine
the number of polling places.
The undersigned requests the above election services to be performed by the County
Elections Official, and pursuant to Elections Code Section 10002, agrees to reimburse the
County in full for services requested upon presentation of a bill.
Name of City,
School District,
or Special District:: City of Moorpark
Signature & Title: City Clerk
Date: December 4, 2008