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. 1 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 2 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. 3 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 4 ATTACHMENT 1 Draft of Proposed Resolution 2812017 5 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; 6 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 i É il t ! I : 7 ATTACHMENT 2 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 1 I ATTACHMENT 3 Draft of Proposed Amending Section 2.38 of the Town of Corte Madera Municipal Code with Proposed Changes Noted in Red Text 10 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 12
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