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HomeMy WebLinkAbout12-03-2018 Item 3 - Results of General Muinicipal Election 11-6-2018Department Name: Administration Cost Center: 1021 For Agenda of: December 3, 2018 Placement: Consent Estimated Time: N/A FROM: Teresa Purrington, City Clerk SUBJECT: RESULTS OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 6, 2018 RECOMMENDATION Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, reciting the fact of the General Municipal Election held on November 6, 2018, declaring the results and such other matters as provided by law.” (Attachment A) DISCUSSION A General Municipal Election was conducted in the City of San Luis Obispo on November 6, 2018 for the purpose of electing one Mayor and two Members of the City Council and for the submission to the voters of a question whether to establish a Cannabis Business Tax. In accordance with Council Resolution Nos. 10895, 10896, and 10897, 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, it is anticipated that it will be finalized by November 30, 2018. The preliminary election results indicate that: •Heidi Harmon received the highest number of votes and is the c andidate elected to the office of Mayor. •Carlyn Christianson and Erica A. Stewart received the highest number of votes and are the candidates elected as Members of the City Council. •A majority of the voters were in favor of Measure F18, relating to the est ablishment of a Cannabis Business Tax, and it shall be deemed adopted and ratified. In accordance with California Elections Code Section 10262, Council will be requested to adopt a resolution declaring the results of the General Municipal Election and t he final Certificate of the Canvass. A draft resolution containing the preliminary results is provided with this agenda report. A supplemental agenda report with the certified results of the election will be provided prior to the December 3, 2018 Council Meeting. Packet Pg. 5 Item 3 Policy Context The proposed actions are consistent with Section 302 1 of the City’s Charter and California Elections Code Section 10262 et seq. Public Engagement A legal ad was published in the newspaper announcing the certification of the elect ion 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. 15278. FISCAL IMPACT Budgeted: Yes Budget Year: 2018/2019 Funding Identified: $50,000 is budgeted each election year in the City Clerk budget to cover the cost of the election. Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund $50,000 (estimate) $50,000 (estimate) State Federal Fees Other: Total $50,000 (estimate) $50,000 (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 - Resolution Certifying the Election 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. Packet Pg. 6 Item 3 R ______ RESOLUTION NO. _____ (2018 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 6, 2018, 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 6, 2018; 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 Nos. 10895, 10896, and 10897, 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 fo r at the election for Mayor are as follows: HEIDI HARMON DONALD HEDRICK T. KEITH GURNEE SECTION 2. That the names of the persons voted for at the election for Member of City Council are as follows: CARLYN CHRISTIANSON JAMES LOPES ABE LINCOLN SARAH FLICKINGER BOB VOGLIN JEFFERY C. SPECHT ERICA A. STEWART 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. SECTION 4: That the ballot measure submitted to the voters is as follows: Packet Pg. 7 Item 3 Resolution No. _____ (2018 Series) Page 2 R ______ (Measure F18) “Shall the measure to maintain and improve essential City services, including without limitation: police/fire services; senior, youth and park services; programs to retain/attract local jobs; addressing homelessness; and other general revenue purposes; by establishing a cannabis business tax up to 10% of gross receipts for retail and businesses and up to $10.00 per canopy square foot for cultivation, raising approximately $1,500,000 annually, until ended by voters, with all funds used locally, be adopted.” YES NO SECTION 5. That the City Council does declare and determine that: Heidi Harmon was elected as Mayor for the full-term ending December 1, 2020; Carlyn Christianson was elected as Member of the City Council for a full-term ending December 1, 2022; Erica A. Stewart was elected as Member of the City Council for a full-term ending December 1, 2022. SECTION 6. That as a result of the election, a majority of the voters voting on Measure F18 relating to the establishment of a Cannabis Business Tax did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified. SECTION 7. 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 8. 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. SECTION 9. 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 ____________ 2018. ____________________________________ Mayor Heidi Harmon Packet Pg. 8 Item 3 Resolution No. _____ (2018 Series) Page 3 R ______ 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, this ______ day of ______________, _________. ____________________________________ Teresa Purrington City Clerk Packet Pg. 9 Item 3 Page intentionally left blank. Packet Pg. 10 Item 3 I am a citizen of the United States and a resident of the R���IVED County aforesaid; I am over the age of eighteen and not NO V 2 8 2018 THENewspaper of the Central Coast The purpose Iof this special meeting will be Inize all times embraced in the publication herein mentioned SLD CITY CLERK MBU NT 2018, General Municipal Election, recog- Outgoing COUroll Members, Install in - 3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800 In The Sdperior Court of The State of California printed and published daily at the City of San Luis In and for the County of San Luis Obispo Obispo in the above named county and state that notice AD 43963552CrffOF 0SAI? CITY OF SAN LUIS OBISPO LDAs QB%m SAN LUIS OBISPO CITY COUNCIL OFFICE OF THE CITY CLERK NOTICE OF PUBLIC MEETING meeting will be televised live on Charter The San Luls Obispo City Council Invites Cable Channel 20 and live streaming on 611 e all into rested persona to attend a public STATE OF CALIFORNIA meelfnD on MONDAY, DECEMBER 3, 2018, at 3.00 p.m. in the City Hall Coun- ss. cil Chambers, .990 Palm StreW San Luis Obispo, California, relative to the fol - County of San Luis Obispo towing: I am a citizen of the United States and a resident of the PAL ELECTION OF NOVEMBER6,2018 County aforesaid; I am over the age of eighteen and not 2YICE ARAYOq APPOINTINENT -FOR interested in the above entitled matter; I am now, and at The purpose Iof this special meeting will be Inize all times embraced in the publication herein mentioned to certify the resulls of the tlovember 6, was, the principal clerk of the printers and publishers of 2018, General Municipal Election, recog- Outgoing COUroll Members, Install in - THE TRIBUNE, a newspaper of general Circulation, dornIng Council Members, and appoint a Vice Mayor for 20 IS. printed and published daily at the City of San Luis Obispo in the above named county and state that notice Reports for this meeting will be available far review In the City,Clerk's Office and on - at which the annexed clippings is a true copy, was line at www.slocity oro on Monday, Novem- published in the above-named newspaper and not in any ber 26, 2018. Please call (805) 781-7100 for more information. The City Council supplement thereof — on the following dates to wit; meeting will be televised live on Charter NOVEMBER 23, 2018 that said newspaper was duly Cable Channel 20 and live streaming on 611 e and regularly ascertained and established a newspaper of Teresa Purrington general circulation by Decree entered in the Superior Cit' Clerk Court of San Luis Obispo County, State of California, on City of San Luis Obispo Novembnr2.').201a 3963552 June 9, 1952, Case #19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing is true and correct. (S ature of Principal Clerk) DATE: NOVEMBER 23, 2018 AD COST: $113.68