N
otice of and Agenda for Special Meeting
of the Town of Colma City Council
Tuesday, December 13, 2022
6:00 PM
This City Council meeting will be conducted pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3) related to conducting public meetings during the COVID-19 pandemic. The City Council, staff and members of the public may participate in the meeting in person at Town Hall or virtually via Zoom Video Conference.
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Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014 To participate in the meeting via Zoom Video Conference:
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Meeting ID: 812 8997 6261
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NOTICE IS HEREBY GIVEN that the City Council of the Town of Colma will hold a Special Meeting at the above time and place for the purpose of transacting the following business:
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE & ROLL CALL
3. WELCOME AND INTRODUCTION OF SPECIAL GUESTS
4. ADOPTION OF RESOLUTION DECLARING RESULTS OF NOVEMBER 8, 2022 ELECTION Consider: Motion to Adopt a Resolution Declaring the Results of the General Municipal Election Held on November 8, 2022, and Such Other Matters as Provided By Law.
5. ADMINISTRATION OF OATHS OF OFFICE TO NEWLY RE-ELECTED COUNCIL MEMBERS
6. MAYOR HELEN FISICARO MAKES REMARKS AS OUTGOING MAYOR
7. PRESENTATIONS TO OUTGOING MAYOR HELEN FISICARO
8. NOMINATION AND SELECTION OF MAYOR; REMARKS AND INTRODUCTION OF SPECIAL GUESTS
9. NOMINATION AND SELECTION OF VICE MAYOR; REMARKS AND INTRODUCTION OF
SPECIAL GUESTS
10. PRESENTATIONS BY OTHER DISTINGUISED GUESTS
11. SIGNING OF THE VALUE BASED CODE OF CONDUCT
12. ADJOURNMENT
Posted: December 9, 2022 _________________________________ Caitlin Corley, City Clerk
The City Council Meeting Agenda Packet and supporting documents are available for review on the Town’s website www.colma.ca.gov or at Colma Town Hall, 1198 El Camino Real, Colma, CA. Persons interested in obtaining an agenda via e-mail should call 650-997-8300 or email a request to [email protected].
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Staff Report re Declaration of Election Results Page 1 of 2
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Caitlin Corley, City Clerk
VIA: Brian Dossey, City Manager
MEETING DATE: December 13, 2022
SUBJECT: Declaration of Election Results
R
ECOMMENDATION
Staff recommends that the City Council adopt the following resolution:
RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, AND SUCH OTHER MATTERS AS PROVIDED BY LAW
EXECUTIVE SUMMARY
The attached resolution (and exhibit to the resolution) is required by state law to declare the results of the election.
FISCAL IMPACT
This action has no fiscal impact.
BA
CKGROUND
Because this was a consolidated Statewide election, the County Registrar of voters conducted the November 8, 2022 general municipal election on behalf of the Town. Recently amended state law gives the County elections official 30 days to canvass the returns and submit the results to the City Clerk (Elections Code sec 15372). Upon receipt of the results from the County elections official, the City Clerk (as the Town’s elections official) shall prepare a certified statement of the results of the election and submit it to the City Council (as the Town’s governing body) no later than the next regularly scheduled City Council meeting following receipt of the results, or at a special meeting called for this purpose (Elections Code section 10262(b). The County has provided the certified statement of the results of the election to the Town.
At the next regularly scheduled meeting (or at a special meeting called for this purpose) the City Council is required to declare the results by resolution (Elections Code sec 10263).
Following the Council’s declaration of results, the Town elections official must immediately sign and deliver to each elected person a certificate of election and administer the oath of office to each elected person (Elections Code sec 10265). The City Council must also choose one of its Item #4
Staff Report re Declaration of Election Results Page 2 of 2 members as Mayor, and one of its members as Mayor Pro Tempore/Vice-Mayor (Government Code 36801).
ANALYSIS
The election was held on November 8, 2022. The law sets forth a specific procedure (as outlined above) for declaring the results of the election. In accordance with the law, the County Elections Officer has conducted a canvass of the votes and has certified the results to the Colma Town Council (Exhibit A to proposed Resolution). The City Council must now adopt a resolution officially declaring the results of the election. (Elections Code § 10260-10265) The proposed resolution meets the requirements of law.
CONCLUSION
Staff recommends the Council approve the attached resolution declaring the results of the November 8, 2022 election.
ATTACHMENTS
A. Resolution with Exhibit
Res. 2022-XX – Declaration of Election Results 2022 Page 1 of 2 RESOLUTION NO. 2022-##
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION DECLARING THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022,
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
The City Council of the Town of Colma, California, does resolve:
1. Background.
(a) A General Municipal Election was held and conducted in the Town of Colma, County of San Mateo, California, on Tuesday, November 8, 2022, as required by law. (b) Notice of Election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed; and 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 (c) The San Mateo County Elections Official has canvassed the returns of the election and has certified the results to the City Council of the Town of Colma, which results are received, attached and made a part hereof as Exhibit A.
2. Declaration of Results.
The City Council declares and determines that:
(a) Number of Ballots. The whole number of ballots cast in the precincts, the whole number of vote by mail voter ballots cast in the Town, the whole number of provisional ballots cast in the Town, and the total number of ballots cast in the Town is set forth in the Certificate of Election from the San Mateo County Elections Official, which is attached hereto as Exhibit A and made a part hereof.
(b) Election of Two Council Members.
(1) The names of the persons voted for at the election for member of the City Council are as follows:
LAURA M WALSH
HELEN FISICARO
JOANNE F. DEL ROSARIO
(2) The number of votes given at each precinct and the number of votes given in the Town to each of the above named persons for the respective offices for which the persons were candidates are listed in Exhibit A attached. The City Council does declare and determine that the following persons were each elected as Member of the Town of Colma City Council for the full term of four years:
HELEN FISICARO
JOANNE F. DEL ROSARIO
Res. 2022-XX – Declaration of Election Results 2022 Page 2 of 2
3. Orders.
(a) The City Clerk shall enter on the records of the City Council of the Town, a statement of the result of the election, showing: (1) the whole number of votes/ballots cast in the Town; (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/ballots given to each person.
(b) The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated. The City Clerk or some other duly authorized person shall 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.
(b) The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions, and upon entry thereof, this Resolution shall constitute the official record of the results of said election.
Certification of Adoption
I certify that the foregoing Resolution No. 2022-__ was duly adopted at a special meeting of the City Council of the Town of Colma held on December 13, 2022, by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor
Joanne F. del Rosario
John Irish Goodwin
Ken Gonzalez
Carrie Slaughter
Voting Tally
Dated ______________________ ___________________________________ Helen Fisicaro, Mayor
Attest: ____________________________
Caitlin Corley, City Clerk
Attachment: Exhibit A - Official Results of November 8, 2022 Election, Certified by County Elections Officer
STATEMENT OF THE VOTE
OF THE
COUNTY OF SAN MATEO, STATE OF CALIFORNIA
IN THE MATTER OF THE CANVASS OF
THE VOTES CAST IN THE COUNTY OF
SAN MATEO AT THE STATEWIDE
GENERAL ELECTION HELD TUESDAY,
NOVEMBER 8, 2022
CERTIFICATE OF THE
CHIEF ELECTIONS OFFICER
I, MARK CHURCH , CHIEF ELECTIONS OFFICER of the County of San Mateo, State of California, do hereby certi fy that the Statewide General Election was conducted pursuant to law in the said county on November 8 , 202 2; and I HEREBY FURTHER CERTIFY the following facts: that at said Statewide General Election 332 election precincts were duly established with 49 operating Vote Center precinct boards; that the election was conduct ed thereat pursuant to law; that pursuant to Division 15, Chapter 4 of the California Elections Code, I have canvassed that 234,272 Vote by Mail votes were cast; that 17,961 Vote Center votes were cast, canvassed and included in the result of the total 252,233 votes cast which is accurately shown in this Statement of the Result of the Vote as determined by the official canvass of the returns attached hereto and made a part hereof.
IN WITNESS WHEREOF, I hereunto affix my hand and official seal of this office this 8th day of December , 202 2.
MARK CHURCH
Chief Elections Officer &
Assessor -County Clerk- Recorder
1 Town of Colma Members, City Council
111
Registered
Voters
Voters Cast
Turnout (%)
JOANNE F.
DEL
ROSARIO
HELEN
FISICARO
LAURA M
WALSH
53001 Total 671 339 50.52 % 183 211 137
53002 Total 131 74 56.49 % 45 39 30
Total - Vote Centers 802 38 4.74 % 21 20 15
Total - Vote by Mail 802 375 46.76 % 207 230 152
Contest Total 802 413 51.50 % 228 250 167
*** Indicates vote data was suppressed due to voter privacy settings.
San Mateo
San Mateo 2022 Statewide General Election
Statement of the Vote - Precincts
November 8, 2022
Section A