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HomeMy WebLinkAboutItem 4a. Results of the November 8, 2022 General Municipal Election Item 4a Department: Administration Cost Center: 1021 For Agenda of: 12/9/2022 Placement: Public Hearing Estimated Time: 15 minutes FROM: Greg Hermann, Deputy City Manager Prepared By: Megan Wilbanks, Deputy City Clerk SUBJECT: RESULTS OF THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, reciting the facts of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law.” POLICY CONTEXT The proposed action is consistent with Section 3021 of the City’s Charter and California Elections Code Section 10262 et seq. DISCUSSION A General Municipal Election was conducted in the City of San Luis Obispo on November 8, 2022, for the purpose of electing one Mayor and two Members of the City Council. In accordance with Resolution No. 11340 (2022 Series), the General Municipal Election was consolidated with the General Election that was conducted on the same day by the County of San Luis Obispo. The County Clerk-Recorder has not given a definitive date when the count will be complete, however the f inal count must be released no later than December 8, 2022. The preliminary election results indicate that:  Erica A. Stewart received the highest number of votes and is the candidate elected to the office of Mayor.  Michelle Shoresman and Emily Francis received the highest number of votes and are the candidates elected as Members of City Council. In accordance with California Elections Code Section 10262, Council will be requested to adopt a resolution declaring the results of the General Municipal Ele ction and the final Certificate of the Canvass. A draft resolution containing the preliminary results is provided with this agenda report. A supplemental staff agenda correspondence with the certified results of the election will be provided prior to the December 9, 2022 Council Meeting. 1 Section 302, General Municipal Elections. General municipal elections to fill elective offices shall be held in the City on the first Tuesday after the first Monday in November in each even -numbered year. Page 5 of 12 Item 3a Public Engagement A legal ad was published in the New Times, a newspaper circulated in the city of San Luis Obispo, announcing the certification of the election results and the reorganization of the City Council. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Yes Budget Year: 2022-23 Funding Identified: Yes. $70,000 is budgeted each election year in the City Clerk budget to cover the cost of the election. Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $70,000 (estimate) $ $ $ State Federal Fees Other: Total $70,000 (estimate) $ $ $ There are no costs associated with the adoption of this resolution. An invoice for the costs to conduct the election has not yet been received by the City Clerk; however, anticipated expenses are accounted for and included in the City Clerk Elections budget. ATTACHMENTS A - Draft Resolution certifying the November 8, 2022, General Municipal Election results Page 6 of 12 R ______ RESOLUTION NO. _____ (2022 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held in the City of San Luis Obispo on Tuesday, November 8, 2022; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California and City Charter for the holding of elections; and WHEREAS, pursuant to Resolution No. 11340 (2022 Series), the San Luis Obispo County Clerk-Recorder canvassed the returns of the election and has certified the results, which are attached hereto and made a part herein as “Exhibit A.” NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the names of the persons voted for at the election for Mayor are as follows: ERICA A. STEWART JEFFERY SPECHT RICHARD ORCUTT DONALD HEDRICK SECTION 2. That the names of the persons voted for at the election for Member of City Council are as follows: JOE BENSON EMILY FRANCIS MICHELLE SHORESMAN JAMES PAPP SECTION 3. That the whole number of ballots cast, and the number of ballots cast for the above-named offices are listed in “Exhibit A”, attached hereto and made a part hereof. Page 7 of 12 Resolution No. _____ (2022 Series) Page 2 R ______ SECTION 4. That the City Council does declare and determine that: Erica A. Stewart was elected as Mayor for the full-term ending December 1, 2024; Michelle Shoresman was elected as Member of the City Council for a full-term ending December 1, 2026; Emily Francis was elected as Member of the City Council for a full-term ending December 1, 2026. SECTION 5. The City Clerk shall enter into the records of the City of San Luis Obispo, a statement of the results of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; and (5) The total number of votes given to each person. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons elected shall then be inducted into the respective office to which they were elected. Page 8 of 12 Resolution No. _____ (2022 Series) Page 3 R ______ SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2022. ___________________________ Mayor Erica A. Stewart ATTEST: __________________________ Teresa Purrington 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, on ______________________. ___________________________ Teresa Purrington City Clerk Page 9 of 12 Resolution No. _____ (2022 Series) Page 4 R ______ EXHIBIT A *The County Clerk-Recorder has not given a definitive date when the count will be complete, however the final count must be released no later than December 8, 2022. A supplemental staff agenda correspondence with the certified results of the election will be provided prior to the December 9, 2022 Council Meeting. Page 10 of 12 1010 Marsh St., San Luis Obispo, CA 93401 (805) 546-8208 • FAX (805) 546-8641 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Luis Obispo, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party interested in the above entitled matter. I am the principal clerk of the printer of the New Times, a newspaper of general circulation, printed and published weekly in the City of San Luis Obispo, County of San Luis Obispo, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of San Luis Obispo, State of California, under the date of February 5, 1993, Case number CV72789: that notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: l )oy �r _q in the year 2022. I certify (or declare) under the the penalty of perjury that the foregoing is true and correct. Dated t San Luis Obispo, California, this day of --). 2022. AAW'L4V4�� Michael Gould, New Times Legals M".&r0n i1.NTMG AMtln/NTMGOaue/6UyNFSVPoNk Nenui/pmddN Proof of Publication of CITY OF SAN LUIS OBISPO INNESSIGNIN IRW NOTICE OF PUBLIC MEETING The San Luis Obispo City Council invites all interested persons to attend a public hearing on Friday, December 9, 2172 at 4:00 p.m. held in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. Please nine that Zoom parficipation will no be supported, as, this will be OR in -person meeting. Meetings can be viewed remotely on Government: Access Channel 20 or streamed live from the Cay's YouTube channel at htm9/vouwbe sla city. Public comment prior to the Van of the meeting, maybe submitted in writing via U.S. Mail delivered to the City Clerk's office at 990 Palm Street, San Luis Obispo, CA 93401 or by email to whadcouncil®slocilv.orn. PUBLIC HEARING ITEM: • RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER B, NG2 AND VICE MAYOR APPOINTMENT FOR 2023 The purpose of the public hearing will be m certify the results of the November 8, 2022 General Municipal Election, recognize outgoing Council Members, insmll incoming Council Members, and appoint a Vice Mayor for 2023. Additional information regarding the election is available on the CRY. websim at hlms9Avwwslochvom/ oovemmerNmun'c'oal-elec0ons or by contacting the City Clerk's Office m (805) 781-7114 or citvcle-10hancdvom. The City Council may also discuss other hearings or business items before or after the items listed above. If you challenge the proposed project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or priorto, the public hearing. Council Agenda Reports for this meeting will be available for review one week in advance of the meeting date on the CRys website, under the Public Meeting Agendas web page: Idmsl/wwwslocbvom7onvernmem7maya.and-ciN- comic Vaaendas-and-m nutes. Please call the City Clerk's Office at 1BD51781-7114for more information. The City Council meeting will be televised live on Charter Cable Channel 20 and live streaming on Me Ciry's YouTube channel hlglJ/vomube sla c'rtv. Teresa Purringtoo, City Clerk City of San Luis Obispo November 24, 2022