adopt resolution 2812017 calling the election in novem

This material has been reviewed
by the Town
CORTE MADERA TOWN COUNCIL
STAFF REORT
Report Date: May 30,2017
Meeting Date: June 6,2017
TO:
TOWN MANAGER AND MEMBERS OF THE TOWN COUNCIL
FROM:
REBECCA VAUGHN, TOWN CLERK
SUBJECT:
CONSIDERATION AND POSSIBLE ACTION TO EITHER (1) ADOPT
RESOLUTION 2812017 CALLING THE ELECTION IN NOVEMBER 2017
AND REQUESTING THE COUNTY OF MARIN TO CONSOLIDATE THE
ELECTION OR (2) INTRODUCE AN ORDINANCE AMENDING SECTION
2.38 OF THE TOWN OF CORTE MADERA MUNICIPAL CODE TO MOVE
THE NOVEMBER 2OI7 ELECTION TO JUNE 2018 RESULTING IN AN
EXTENSION OF THE CURRENT COLINCIL TERMS UP TO SIX MONTHS
PURPOSE
Consider adoption of Resolution 28/2017 of the Town Council of the Town of Corte Madera
proposing that an election be held in the Town of Corte Madera on Tuesday, November 7,2017;
Requesting the Board of Supervisors to consolidate with any other election conducted on said
date, and requesting election services by the Marin County Elections Department (for the
election of three (3) Town Councilmembers for the full term of four and a half vears each. as
described belowl.
OR
Consider introducing an ordinance amending section 2.38 of the Town of Corte Madera
municipal code to move the November 2017 election to June 2018 resulting in an extension of
the current council terms up to six months.
TOWN MANAGER'S RECOMMENDATION:
Consider and discuss the following options:
L Approve Resolution 28/2017 and move forward with the municipal election scheduled
for November 7,2017: or
2.
Introduce an Ordinance amending Section 2.38 of the Town of Corte Madera Municipal
Code to move the November 2Ol7 election to June 2018, resulting in the extension of
current Council terms for up to six months.
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7.rl
FISCAL IMPACT:
The estimated cost of the election, if held as scheduled on Novemb er 7 , 2017 could be as high as
is $46,650, based upon a projected cost of $7.00 - $7.50 per registered voter. This would be
$33,706 greater than expenses incurred in the 2015 election. In comparison, the range for
November odd year elections has been $1.75-$3.00 per registered voter. According to the
Elections Department, the cost for Corte Madera specifically in 2015 was $2.2085 per registered
voter.
Staff anticipates the November 2019 election cost to exceed that of 2017
BACKGROUND / DISCUSSION
:
The terms of three Councilmembers are cuffently scheduled to expire in November. In
preparation for the election, and assuming - in light of the information below - that the Council
still wishes to conduct the election of those Councilmembers in November, it is time for the
Town Council to adopt a resolution which would call the election to be held and request services
and consolidation with Marin County Elections.
It should be noted that if the present incumbents were the only persons to file for the upcoming
offices, or if there are only three candidates for the three vacancies, the Council may determine
that no election is necessary and cancel the election.
Further, at the October 4,2016 Town Council meeting, the Corte Madera Town Council voted to
adopt Ordinance 951, Amending Title 2, Chapter 2.38 of the Corte Madera Municipal Code,
"General Municipal Elections". This Ordinance moves the Town's municipal elections from
November of odd-numbered years to June of even-numbered years beginning with the election in
June,2022. This change will be phased in by electing officeholders to four and a half year terms
during the next two election cycles, November 2017 and November 2019. Beginning with the
June,2022 municipal election, the terms of Corte Madera Councilmembers will return to four
years.
New Information Received
On May 10, 2017, staff received correspondence from Lynda Roberts, the Marin County
Registrar of Voters, informing the Marin Town/City Clerks of the projected cost per registered
voter for the November 2017 election. As previously noted, the estimated cost of the November
2017 election could be as high as $46,650. In comparison, the Town of Corte Madera paid
512,794 for the November 2015 election, and $9,283 for the November 2013 election.
The increase in cost per registered voter over previous odd-year elections is attributedto 95%o of
school districts and special districts voting to extend the terms of current board members by one
year, cancel their 2017 election and move to even year elections beginning in 2018 in order to
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comply with SB 415. This exodus from the 2017 election year has resulted in fewer participants
to share in the cost of the election.
Because the Town of Corte Madera was the first municipality in Marin County to address the
need to move to even-year elections to improve voter tumout, it was unknown at the time that the
school districts and special districts would migrate to even-year elections as quickly as they did,
and that accordingly election costs could escalate so dramatically. With the potential for even
fewer jurisdictions participating in the November 2019 election, costs could potentially exceed
that of 2011, although staff is unable to quantify the potential increase at this time.
Discussion of Changes Made By Other Marin Cities/Towns
As stated above, the Town of Corte Madera is currently on track for its municipal elections to
occur in June of even years beginning in Jlur:re 2022, which is in line with the City of Belvedere
and the Town of Ross. The City of Mill Valley is also considering moving to June even-year
elections.
The following changes to elections dates were made by other Marin Cities/Towns in order to
achieve compliance with SB 415:
o Belvedere, Ross and Sausalito: Belvedere and Ross already hold elections in June of
even years, and Sausalito holds elections in November of even-years.
o Fairfax: V/ill hold elections in November 2017 and20l9, electing office holders to three-
o
o
o
r
o
o
year terms.
Larkspur: V/ill hold elections in November 2017 and 2019, electing office holders to
five-year terms.
Mill Valley: Will move elections to June of even years beginning in 2018 by extending
the terms of current council members by six months. Mill Valley will not participate in
the November 20ll and November 2019 elections.
Novato: Will hold elections in November 2017 and2019, electing office holders to fiveyear terms.
San Anselmo: Will hold elections in November 2017 and2019, electing office holders to
three-year terms.
San Rafael: V/ill hold an election in November 2017, electing office holders to five-year
terms. For office holders with terms expiring in2019, those seats would be extended one
year,to November of 2020.
San Rafael will not participate in the Novem-ber 2019 election.
Tiburon: Tiburon will hold a special election in November, 2017, electing office holders
to three-year terms (due to two mid-term resignations). The terms of the council members
whose terms were to expire in November of 2017 were extended by one year, and an
election will be held in November of 2018.
Tiburon will not participate in the November,2019 election.
While the Town amended the Town Code in October 2016 to provide for elections to be held in
June in even years beginning in2022, the Town did not amend or change the elections for 2017
or 2019. The Council thought it better to change the dates in a way that would affect future
Councilmembers, rather than the current incumbents.
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At this time, the Council could consider adopting an ordinance that would change just the 2017
election from November 2Ol7 to June 2018. This change would result in the current
Councilmembers terms being extended for an additional six month period from November 2017
to June 201 8. A copy ofthe proposed ordinance is attached for your consideration.
Staff is not recommending changes to the November 2019 election date at this time for the
following reasons:
o State legislation is currently in process (Assembly Bill 84 and Senate Bill 568) and it is
unknown whether either of these bills will be passed and enacted.
o Either bill would result in changes to the date of bhe 2020 Presidential primary and
statewide elections that would, in turn, necessitate adoption of another ordinance to
correct any non-compliance of our existing ordinance.
o Staff intends to bring another ordinance to the Town Council for consideration in 2018 in
order to address the November 2019 election once more is known about the course of the
legislation pending at the state level.
o At a later time, the Town Council will be able to address any legislation affecting the
statewide elections date, its effect on the Town's existing elections ordinance, and discuss
options available to them at that time.
REQUESTED ACTION
Due to the increasing cost of the November 2017 election, staff wanted to make Council aware
of this issue given Council's philosophy of fiscal prudence and responsibility.
At this time, the Council is being asked for the following actions:
1. Evaluate approving the resolution as is, and moving forward with the November 2017
election at an added cost of approximately $33,706.
2. Consider extending the terms of current Council members by six months, which would
save the Town approximately $33,000 while keeping the Town on track to meet the
requirements of SB 415. To achieve this result, consider introducing an ordinance
amending Section 2.38 of the Town Code to move the November 2017 election to June
2018.
3. Consider aligning with the majority
of Cities/Towns in the County with respect to their
chosen election dates.
4. If the Council
declines to do so,
to adopt the resolution calling the November 20ll
election.
ATTACHMENTS:
1.
Draft of Proposed Resolution}S/20l7
2. Correspondence Received from Lynda Roberts, Registrar of Voters, Dated ll4ay 10,2017
3. Draft of Proposed Ordinance Amending Section 2.38 of the Town of Corte Madera
Municipal Code
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ATTACHMENT
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Draft of Proposed Resolution 2812017
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RESOLUTION NO. 28I2OI7
A RESOLUTION OF THE TO\ryN COUNCIL OF THE TO\ryN OF CORTE MADERA
CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE
HELD IN THE TO\ryN OF CORTE MADERA ON TUESDAY, NOVEMBER
7o
2017 FOR
THE ELECTION OF THREE MEMBERS OF THE CORTE MADERA
TOWN
COUNCIL; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
MARIN TO CONSOLIDATE SAID ELECTION WITH ANY OTHER ELECTION
CONDUCTED ON SAID DATE, AND REQUESTING ELECTION SERVICES BY THE
MARIN COUNTY ELECTIONS DEPARTMENT
WHEREAS, it is the determination of the Town Council of the Town of Corte Madera that a
General Municipal Election be held on Tuesday, November 7 , 2017, at which election the issues
to be presented to the voters shall be:
1.
Election of three (3) Town Councilmembers for the full term of four and a half years
each.
NOW', THEREFORE, BE IT RESOLVED, that pursuant to the requirements of the laws of the
State of California relating to general law cities, there is hereby called and ordered to be held in
the Town of Corte Madera, California, on Tuesday, November 7,2017, a General Municipal
Election to submit to the voters the election of three (3) Town Councilmembers for the full term
offour and a halfyears each.
BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Marin is hereby
requested to:
1.
2.
Consolidate said election with any other applicable election conducted on the same day;
Authorize and direct the Elections Department, at the Town's expense, to provide all
necessary election services and to canvass the results ofsaid election.
BE IT FURTHER RESOLVED that the ballots to be used at the election shall be in both form
and matter as required by law.
BE IT FURTHER RESOLVED that the polls for said election shall be opened at seven o'clock
a.m. on the day of said election and shall remain open continuously from said time until eight
o'clock p.m. of the same day when said polls shall be closed, except as provided in Section
14401of the Elections Code of the State of California.
BE IT FURTHER RESOLVED that all particulars not recited in this Resolution, the election
shall be held and conducted as provided by law for holding municipal elections.
BE IT FURTHER RESOLVED that no additional materials shall be prepared to be sent on
behalf of the candidate with the Town of Corte Madera Ballot/Voters Pamphlet;
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BE IT FURTHER RESOLVED that the Town Clerk is directed to submit a certified copy of this
Resolution to the Board of Supervisors of the County of Marin.
I, the undersigned, hereby certify that the forgoing is a full, true and complete copy of a
resolution duly passed and adopted by the Town Council of the Town of Corte Madera at a
regular meeting thereof held on the 6th day of June, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DIANE FURST, MAYOR
ATTEST:
REBECCA VAUGHN, TOWN CLERK
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ATTACHMENT
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Correspondence Received from Lynda Roberts, Registrar of Voters,
Dated May 10,2017
I
hn
Rebecca
From:
Sent:
To:
Roberts, Lynda < LRoberts@ marincounty.org >
Wednesday, May L0, 2017 11:16 AM
City of Belvedere; City of Larkspur; City of Mill Valley; City of Novato; City of San Rafael;
Miller. Dan; Debbie Pagliaro, Sausalito; [email protected],us; Seth Allingham, Mill
Valley; Rebecca Vaughn; Town of Fairfax; Town of Ross; Town of San Anselmo ; Town of
Cc:
Tiburon
Miller, Dan
Subject:
Election Cost Update (odd year)
Hello Colleagues,
Following-up on SB 415, I looked again at potential cost for the November 2Ot7 election now that most jurisdactions
have taken action. Assuming costs from prior odd-year elections are about the same, and assumíng all cities/towns
would have something on the ballot, the cost could be around 57.00-57.50 per regístered voter. Even though it is hard
to predict the cost precisely, I am hopíng this information will help you budget for the 2017 election.
Sincerely,
Lynda
Lynda Roberts
REGISTRAR OF VOTERS
County of Marin
Elections / Registrar of Voters
3501 Civic Center Drive, Suite 121
San Rafael, CA 94903
415473 6401 T
415 473 6447
F
415 473 6899 TTY
CRS Dial711
[email protected]
STAY GONNECTED:
trElETF
Email Disclaimer: http:l/www.marincounty.org/m¿in/ilisclaimers
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ATTACHMENT
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Draft of Proposed Amending Section 2.38
of the Town of Corte Madera Municipal Code
with Proposed Changes Noted in Red Text
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ORDINANCE NO . xxx
AN ORDINANCE OF THE TOWN OF CORTE MADERA AMENDING TITLE 2
CHAPTER 2.38 OF THE CORTE MADERA MUNICIPAL CODE, "GENERAL
MUNICIPAL ELECTIONS'
THE TOWN COUNCIL OF THE TOWN OF CORTE MADERA does ordain as follows:
Section 1. Chapter 2.38 of Title 2 of the Corte Madera Municipal Code is hereby amended to
read as set forth below:
2.38.010 Date of General Municipal Election.
(a) Beginning with the June 2022 election, pursuant to Elections Code sections 1000(c),
1301, and 10403.5, General Municipal Elections shall be held on the first Tuesday after the first
Monday in June as set forth in Section 1000(c) of the Elections Code.
þ) For the election scheduledfor November 2017 only, the General Municipal Election
shall be held on the first Tuesday after the first Monday in June 2018 as authorized by Section
1000(c) qf the Elections Code.
2.38.020 Applicability of California Elections Code. V/hen an election is held pursuant
to Section 2.38.010, and the election is consolidated with another election, the provisions
contained in Part 3 (commencing with Section 10400), Division 10 of the California Elections
Code shall govem the consolidation, and, if the County Clerk is requested to conduct the General
Municipal Election, Section 10403 of the California Elections Code shall apply to that election.
2.38.030 Effect on Prospective Town Elected Officers. Following the operative date
this ordinance, terms of office shall be affected as follows:
Those prospective Town Officers elected in June 2018
certification of the Jtne 2022 election results.
will
of
serve a four year term until the
Those prospective Town Officers elected on November 5,2019, whose four-year terms
of office would have, prior to the adoption of this ordinance, expired in November 2023,
shall instead remain in office until the certification of the June 2024 election results.
2.38.040 Notice to Voters of Change in Election Date. Within 30 days after this
ordinance becomes operative, the Town Clerk shall cause a notice to be mailed to all registered
voters of the change in election date.
Section 2.The Town Clerk is hereby directed to transmit a copy of this Ordinance to the Clerk
of the Board of Supervisors of Marin County, together with the request that the Board approve
this Ordinance and provide the Town with notice of such approval. This Ordinance shall become
operative upon such approval.
LI
Section 3. Ifany section, subsection, sentence, clause orphrase ofthis ordinance is for any
reason held to be invalid, such decisions shall not affect the validity of the remaining portions of
this ordinance. The Town Council hereby declares that it would have adopted the ordinance and
each section, subsection, sentence, clause or phrase thereof; irrespective ofthe fact that any one
or more sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4. A summary of this ordinance shall be published in the Marin Independent Journal
within 5 days prior to passage and 15 days after passage.
This ordinance was introduced on the _ day of June, 2017 and adopted on the _
day of June,2017 by the following vote:
AYES: Councilmembers
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVE
DIANE FURST
MAYOR
ATTEST:
REBECCA VAUGHN
TOWN CLERK
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