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HomeMy Public PortalAbout02) 5A RESOLUTION NO. 13-4896 DECLARING RESULTS OF CANVASS OF VOTE FOR ELECTION OF MARCH 5, 2013AGENDA ITEM 5.A. MANAGEMENT SERVICES DEPARTMENT DATE: March 19, 2013 MEMORANDUM TO: The Honorable City Council FROM: Jose E. Pulido, City Manage By: Peggy Kuo, City Clerk SUBJECT: ADOPTION OF RESOLUTION NO. 13-4896 DECLARING THE RESULTS OF THE CANVASS OF VOTE FOR THE GENERAL MUNICIPAL ELECTION OF MARCH 5, 2013 RECOMMENDATION: The City Council is requested to adopt Resolution No. 13-4896 reciting the facts of the General Municipal Election held on March 5, 2013 and declaring the results. BACKGROUND: 1. On October 2, 2012 the City Council adopted Resolution No. 12-4856 calling the General Municipal Election of March 5, 2013 for the purpose of electing two members of the City Council for a term of four years. 2. On December 7, 2012, at the nomination period deadline, six candidates for the position of City Councilmember had submitted nomination papers. 3. On March 5, 2013, from 7:00 a.m. until 8:00 p.m., the City's polling places were open to voters to cast their ballot. Additionally, vote -by -mail ballots were received from February 4, to 8:00 p.m. on March 5, 2013. 4. On March 5, 2013, at the close of polls at 8:00 p.m., a count of ballots cast from both precinct and vote -by -mail ballots was conducted. Remaining provisional and vote -by -mail ballots were scheduled for a second ballot count. 5. On March 8, 2013, a count of all remaining provisional and vote -by -mail ballots was conducted resulting in an official final ballot count. City Council March 19, 2013 Page 2 ANALYSIS: Elections Code 10263 requires that upon completion of the canvass the City Council adopt a resolution reciting the facts of the election. The statutorily mandated recitals and information are included in the attached resolution. The Elections Code requires the City Council to declare the result not later than the fourth Friday after the Election. The statutory language requiring certification of the election and installation of officers is mandatory not permissive. The City Clerk conducted the canvass of the results of the Election as required by law, commencing at 8:00 p.m. on March 5, 2013. The results, including all vote -by -mail and provisional ballots were certified by the City Clerk and are now presented to the City Council. Resolution No. 13-4896 declares the certified results of the election as follows: Nicholas J. Lisk 551 votes Vincent Yu 1,791 votes Matthew J. Wong 1,020 votes Tom Chavez 1,685 votes CONCLUSION: City Council is requested to adopt a resolution reciting the facts of the General Municipal Election of March 5, 2013 and declaring the results. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2012-13 City Budget. ATTACHMENT(S).: A. Resolution No. 13-4896 ATTACHMENT A RESOLUTION NO. 13-4896 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON MARCH 5, 2013, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal election was held and conducted in the City of Temple City, California, on Tuesday, March 5, 2013, as required by law; and WHEREAS, notice of said 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 for the holding of elections in charter cities; and WHEREAS, the City Clerk canvassed the returns of the election and has certified the results to this City Council; the results are received, attached and made a part hereof as Exhibit "A"; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts except vote by mail voter ballots and provisional ballots was 1,089. That the whole number of vote by mail voter ballots cast in the City was 1,764, the whole number of provisional ballots cast in the City was 55 making a total of 2908 of ballots cast in the City. SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows: Nicholas J. Lisk Vincent Yu Matthew J. Wong Tom Chavez SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit "A" attached. SECTION 4. The City Council does declare and determine that: Vincent Yu was elected as Member of the City Council for the full term of four years and Tom Chavez was elected as Member of the City Council for the full term of four years. SECTION 5. That the City Clerk shall enter on the records of the City Council of the City, a statement of the result 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; (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 so Resolution No. 13-4896 Page 2 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 so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this 19`h day of March, 2013. ATTEST: City Clerk MAYOR APPROVED AS TO FORM: City Attorney I hereby certify that the foregoing resolution, Resolution No. 13-4896, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 19'h day of March, 2013 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk ATTACHMENT B IlilO O 4) d u7 N r r r O rN O N m w f- O (V M M W (O M (D a I' M V N Co M W N M (O I- N t* N M M () (O N M V M- N O O w IO M (O (D N (p a CD r N r N r r m c J v 0 •� £ r (J m cf (O M O V n r (D M (O N f-- w I.- - (O O M W M W O C p T P _- r 7 M W M O N r M (O MM - M N N W = O r U ` w ZU O r - m r (O (O r I- n W N W N N m w m N M M IO w M (O M O ON N (O M r O I- N r r 4] M O V' r (O r r r O L r UZ .jO w- 0 J Q °° r J a� —m UN — N r Q{9 Z � +�N" • M IO CO (O m I- N m N Ow 1- It N r O O N Mco 7 M M 7 M (O w V O M V' W O M O (O M N M W W N Hr M N N N CO H M N W N r V r M N r a W _o R cv J Z a o� > g=` �� 06 06 � 06 06 LU w `5:.o O U.L J V.2 JJ V n J U 0 J U 0 J y cma cmas,An -a M Q � v > F 2i v >H(;':H> F >H> m 2 2 0 m 2 2 o m a•O O m 2 O 0 m 2 O H 0 m 2 0 0 > a a > a a > a` 2 F> a a I- a` . -r > a a` I. - TOM 0 F L N y a r U U m d y c IL E c to 11 wW 1 j N J r