city council special meeting agenda packet 04-22-14

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NOTICE OF SPECIAL CITY COUNCIL MEETING Special Meeting Tuesday, April 22, 20 14 9:30am Council Chambers East side of Monte Verde Street between Ocean and Seventh A venues I. Call to Order II. Roll Call ill. Pledge of Allegiance IV. Orders of Council A. Consideration of a Resolution certifying the results of the General Municipal Election held on April 8, 2014. V. Oath of Office A. The City Clerk will administer the Oath of Office to the elected members of the City Council and the Mayor. VI. Adjournment AFFIDAVIT OF POSTING I, Deanna Allen, Acting Deputy City Clerk, for the City of Cannel-by-the-Sea, DO HEREBY CERTIFY, under penalty ofpetjury under the laws ofthe State of California, that the foregoing notice was posted at the Carmel-by-the-Sea, City Hall bulletin board, the Harrison Memorial Library on Ocean and Lincoln Avenues and the Cannel Post Office; and distributed to members of the media on this date the 18th, day of April, 2014.

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Page 1: City Council Special Meeting Agenda Packet 04-22-14

NOTICE OF SPECIAL CITY COUNCIL MEETING

Special Meeting Tuesday, April 22, 20 14

9:30am Council Chambers

East side of Monte Verde Street between Ocean and Seventh A venues

I. Call to Order

II. Roll Call

ill. Pledge of Allegiance

IV. Orders of Council

A. Consideration of a Resolution certifying the results of the General Municipal Election held on April 8, 2014.

V. Oath of Office

A. The City Clerk will administer the Oath of Office to the elected members of the City Council and the Mayor.

VI. Adjournment

AFFIDAVIT OF POSTING

I, Deanna Allen, Acting Deputy City Clerk, for the City of Cannel-by-the-Sea, DO HEREBY CERTIFY, under penalty ofpetjury under the laws ofthe State of California, that the foregoing notice was posted at the Carmel-by-the-Sea, City Hall bulletin board, the Harrison Memorial Library on Ocean and Lincoln A venues and the Cannel Post Office; and distributed to members of the media on this date the 18th, day of April, 2014.

Page 2: City Council Special Meeting Agenda Packet 04-22-14

Dated this 181h, day of April, 2014

DEANNA ALLEN

Deanna Allen Acting Deputy City Clerk

SB343 NOTICE

In accordance with and pursuant to the provisions of SB343 any public writing distributed by the City Clerk's Office to at least a majority of the City Council Members regarding any item on this regular meeting agenda will be available on the back table at the entrance of the Council Chamber at the time of the City Council meeting and at the counter of City Hall located on Monte Verde between Ocean and Seventh Avenues, in Cannel-by-the-Sea, California during normal business hours.

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Cannel-by­the-Sea City Hall is an accessible facility. The City of Cannel-by-the-Sea telecommunications device for the Dea£'Speech Impaired (T.D.D.) number is 1-800-735-2929.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and Seventh Avenues, during normal business hours.

Page 3: City Council Special Meeting Agenda Packet 04-22-14

To:

From:

Submitted by:

Subject:

CITY OF CARMEL-BY-THE-SEA

Council Report

April 22, 2014

Honorable Mayor and Members of the City Council

Jason Stilwell, City Administrator

Deanna Allen, Acting City Clerk

Official Results of the April 8, 2014 General Municipal Election Held in the City of Carmel-by-the-Sea

Recommendation(s): 1) Adopt Resolution reciting the fact of the General Municipal Election

held on Tuesday, April 8, 2014, declaring the result and such other

matters as provided by law; and

2) Receive and file Exhibit "A", Certificate of Canvass and Completion of

Manual Tally as certified by the Elections Official and required under

Elections Code Section 15360.

Executive Summary: On November 5, 2013 and December 3, 2013, the City Council of the City

of Carmel-by-the-Sea adopted a number of Resolutions including

Resolution No. 2013-57 calling for a General Municipal Election to be held

in the City of Carmel-by-the-Sea; Resolution No. 2013-64 adopting

regulations for candidate statements to be submitted to the voters at the

April 8, 2014 General Municipal Election; and Resolution No. 2013-65

providing a procedure for determining by lot a tie among candidates at

the April 8, General Municipal Election.

Analysis/Discussion: The above referenced Resolutions included a series of recommendations,

and which had the effect of calling for and holding of the General

Municipal Election, requesting the Board of Supervisors of the County of

Monterey to permit the County Elections Department to prepare and

furnish voter registration records and rosters to the City's Elections

Official and authorizing the City Clerk to administer the April 8, 2014

General Municipal Election in accordance with and pursuant to the

provisions of the California Elections Code and other applicable laws and

regulations.

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Page 4: City Council Special Meeting Agenda Packet 04-22-14

Fiscal Impact: The fiscal impact associated with this election is a budgeted amount of $26,000.

Budgeted (yes/no): Yes

Previous Council

Action/Decision History:

Funding Source (general fund, grant, state) General Fund

Resolutions Nos. 2013-57, 2013-64 and 2013-65

Attachments: Resolution

Reviewed by:

City Administrator ~ City Attorney D Administrative Services D

Asst. City Admin . D Dir of CPB D Dir of Public Svcs D

Public Safety Dir D Library Dir D Other-City Engineer D

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Page 5: City Council Special Meeting Agenda Packet 04-22-14

EXHIBIT "A"

CITY CLERK'S CERTIFICATE OF CANVASS AND COMPLETION OF MANUAL TALLY

(All numbers within+/- margin)

I, Daryl A. Betancur, Acting City Clerk of the City of Carmel-by-the-Sea, do certify that I have canvassed the returns of the General Municipal Election held on Tuesday, April 8, 2014, and find that the number of votes given at each precinct and the number of votes given in the City to persons voted for, and respective offices for which the persons were candidates were as follows:

MAYOR:

Candidate Jason Burnett Write-in

CITY COUNCIL:

Candidate Lucas Austin Carrie Theis Steve Dallas

Votes (Ballots Cast) 810 57

Votes (Ballots Cast) 270 759 835

(%) (100.0) (5.1)

(%) 14.4 40.7 44.7

I also have conducted a manual tally of one vote by mail precinct and one regular precinct in accordance with Elections Code Section 15360 and the results of the manual tally are as follows:

VBM-PRECINCT 2

Candidate: Machine Tally Manual Tally

Jason Burnett 306 305 Write-in 9 6 Lucas Austin 85 85 Carrie Theis 275 274 Steve Dallas 296 295

REGULAR PRECINCT 1

Candidate Machine Tally Manual Tally

Jason Burnett 70 71 Write-in 8 7 Lucas Austin 27 27 Carrie Theis 72 73 Steve Dallas 76 77

Page 6: City Council Special Meeting Agenda Packet 04-22-14

SIGNED:

Jason Burnett, MAYOR

ATIEST:

~~~ Daryl A. etancur, C C Acting City Clerk

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Page 7: City Council Special Meeting Agenda Packet 04-22-14

Name:

Description:

City Council Agenda Item Summary

Meeting Date: April 22, 2014 Prepared by: Deanna Allen

Consideration of a Resolution certifying the results of the General Municipal Election held on April 8, 2014

Approval of this Resolution enters the official results of the 2014 election into the City record.

Overall Cost: City Funds: N/ A Grant Funds: N/A

Staff Recommendation:

Approve the Resolution.

Important Considerations:

Upon certification of election results, the City Council officially receives and certifies them as well, as a required course of action.

Decision Record:

Results are received and certified by Council after each and every election.

Reviewed by:

Jason Stilwell, City Administrator Date

Page 8: City Council Special Meeting Agenda Packet 04-22-14

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL

RESOLUTION 2014-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, APRIL 8, 2014, DECLARING THE

RESULT AND SUCH OTHER MATTER AS PROVIDED BY LAW

WHEREAS, a General Municipal Election was held and conducted in the City of Carmel-by-the-Sea, California on Tuesday, April 8, 2014, as required by law; and

WHEREAS, notice of the election was given in time, form and manner as provided by law; that candidates were nominated to fill the vacancy or vacancies 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 (laws of the State of California relating to general law cities); and

WHEREAS, the City Clerk canvassed the returns from the two consolidated voting precincts, duly established for holding of said election pursuant to Section 15301 of the Elections Code, and said canvass certified to the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY­THE-SEA CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the City Clerk is hereby ordered to enter upon the records of the City of Cannel-by-the-Sea a statement of the results of said General Municipal Election, which results are hereby declared to be set forth in Exhibit A, attached hereto, to wit:

JASON BURNETT, duly qualified and having received the highest number of votes cast for Mayor of the City of Carmel-by-the-Sea, and CARRIE THEIS and STEVE DALLAS, duly qualified and having received the highest number of votes cast at said election for Council Members, hereby each declared elected Mayor and Council Members, respectively, of this City for the following terms:

JASON BURNETT CARRIE THEIS STEVE DALLAS

Two-year term expiring 2016 Four-year term expiring 2018 Four-year tenn expiring 2018

PAS SED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this __ day of 2014 by the following roll call vote:

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Page 9: City Council Special Meeting Agenda Packet 04-22-14

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST:

Kenneth Talmage City Clerk Tempore

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BEACH, HILLYARD, THEIS, TALMAGE AND MAYOR BURNETT NONE

NONE

NONE

SIGNED:

Jason Burnett, MAYOR