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December 5, 2023
ITEM TITLE
City Election: Recite the Fact of the Special Municipal Election Held on November 7, 2023, Declare the Results, and Other Matters as Provided by Law
Report Number: 23-0293
Location: No specific geographic location
Department: City Clerk
G.C. § 84308: No
Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution reciting the fact of the Special Municipal Election to fill the vacancy for the Office of the City Attorney held on November 7, 2023, declaring the results, and other related matters.
SUMMARY
The Registrar of Voters has transmitted the certified results of the Special Municipal Election held on November 7, 2023. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the election results to the City Council, which shall adopt a resolution reciting the fact of the election.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
The Special Municipal Election was held on Tuesday, November 7, 2023, to fill the Office of the City Attorney vacancy, for a term ending in December 2026, which will commence upon taking the oath of office. Certified results of the election are attached as Exhibit 1. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Cou ncil, which shall adopt a resolution reciting the fact of the election.
The total number of votes received by each candidate is listed below. The candidates who received the highest and second-highest number of votes and who will participate in the Special Runoff Election in March 2024 are listed in bold.
FOR CITY ATTORNEY (term ending in December 2026)
MARCO VERDUGO 9,733 VOTES (39.02%)
BART MIESFELD 9,430 VOTES (37.80%)
DAN SMITH DIAZ 5,783 VOTES (23.18%)
The City Council called the special runoff election for March 5, 2024 at the meeting held on October 17, 2023.
Resolutions 2023-159 and 2023-160 call the election and adopt candidate statement regulations. No further City Council action is necessary to hold the runoff election.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Councilmembers do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.) Staff is not independently aware, and has not been informed by any City Councilmember, or any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no fiscal impact associated with this item. The special citywide runoff election for the City Attorney, which was previously approved by City Council, is estimated to cost $280,000, based on an estimate from the Registrar of Voters. Between funds budgeted as part of the Fiscal Year 2023 -24 annual budget process and anticipated savings from the November 2023 special election, the existing budgeted funds will be sufficient to cover the special runoff election.
ONGOING FISCAL IMPACT
There are no ongoing costs associated with declaring the election results.
ATTACHMENTS
Exhibit 1 - Certified Results of the November 7, 2023 election Staff Contacts: Cristina Hernandez, CMC, Deputy Director of City Clerk Services Kerry K. Bigelow, MMC, City Clerk