December 12, 2022 Lathrop City Council Special Meeting Agenda Page 1
CITY OF LATHROP
CITY COUNCIL SPECIAL MEETING
MONDAY, DECEMBER 12, 2022, 6:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive, Lathrop, CA 95330
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (209) 941-7230.
Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II].
Executive Order N-29-20, issued by the Governor on March 17, 2020, set provisions which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency, said provisions expired after September 30, 2021.
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. COVID-19 and social distancing guidelines will be enforced. As a courtesy, this meeting will be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1608089841?pwd=cmFPQjNaQ0s0eXkrNjgrVTIx V3h6Zz09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter. Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
Meeting Webinar ID: 160 808 9841 / Passcode: 831049
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230
Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream 1 December 12, 2022 Lathrop City Council Special Meeting Agenda Page 2
CITY OF LATHROP
CITY COUNCIL SPECIAL MEETING
MONDAY, DECEMBER 12, 2022, 6:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive, Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 5:00 p.m. The Special Meeting will reconvene at 6:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)
• 1 Potential Case
RECONVENE
1.2.2 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
2. SCHEDULED ITEMS
2.1 CITY COUNCIL ELECTION AND REORGANIZATION
2.1.1 DECLARATION AND CERTIFICATION OF THE NOVEMBER 8, 2022
GENERAL ELECTION RESULTS
Adopt a Resolution Reciting the Fact of the General Municipal Election held on November 8, 2022, Declaring the Result and Such Other Matters as Provided by Law
2.1.2 PRESENTATION OF CERTIFICATE OF ELECTION AND OATH OF
OFFICE TO NEWLY ELECTED OFFICIALS
• Paul Akinjo, Council Member
• Diane Lazard, Council Member
• Sonny Dhaliwal, Mayor
2 December 12, 2022 Lathrop City Council Special Meeting Agenda Page 3
2.1.3 COMMENTS BY NEWLY ELECTED OFFICIALS
2.1.4 APPOINTMENT OF VICE MAYOR
Mayor to Appoint Vice Mayor for 2023
2.1.5 MAYOR AND COUNCILMEMBER ASSIGNMENTS TO SERVE ON
OUTSIDE AGENCY BOARDS, COMMISSION & COMMITTEES FOR 2023 Mayor to Assign City Council Appointments for 2023, for Members of the City Council to Represent the City of Lathrop on Outside Agency Boards, Commissions and Committees
CEQA STATUS: The items presented on this Special Meeting City Council Agenda, are not considered “Project(s)” as defined in § 15378 of the State CEQA Guidelines.
PLEASE NOTE: There will be a recess and reception following Item 2.1.5, right before the Regularly Scheduled Meeting.
3. ADJOURN TO THE REGULAR MEETING, SCHEDULED FOR MONDAY, DECEMBER 12, 2022, AT 7:00 P.M.
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
This meeting was called by a majority of the City Council per Government Code Section 54956.
Members of the public interested in addressing the City Council during this Special Meeting may address the item(s), which have been described in the notice of this Special Meeting in accordance with Government Code Section 54954.3(a).
3 PAGE LEFT
INTENTIONALLY
BLANK
4 CITY MANAGER' S REPORT
ITEM 2. 1. 1
DECEMBER 12, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: DECLARATION AND CERTIFICATION OF THE
NOVEMBER 8, 2022 GENERAL ELECTION RESULTS
RECOMMENDATION: Adopt a Resolution Reciting the Fact of the General Municipal Election held on November 8, 2022,
Declaring the Result and Such Other Matters as
Provided by Law
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines
BACKGROUND:
On June 10, 2022, the City Council adopted Resolution No. 22- 5085 calling a General Municipal Election for the purpose of electing a Mayor for the full term of two ( 2) years beginning December 2022 and ending December 2024; and two ( 2) Members of the City Council for the full term of four ( 4) years beginning December 2022 and ending December 2026.
The City Council also adopted Resolution No. 22- 5086 requesting the San Joaquin County Registrar of Voters to conduct a Consolidated General Municipal Election on behalf of the City, along with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code, November 8, 2022. The election was held with:
Two ( 2) nominees for City of Lathrop Mayor: John Thanh Do and Sonny Dhaliwal; and
Three ( 3) nominees for City of Lathrop City Council: Paul Akinjo, Christina Campoy- Laughlin, and Diane Lazard.
California Elections Code Section 10262( b) provides that in consolidated elections, upon receipt of the results following the canvass of the returns, the City elections official shall certify the results to the governing body no later than the next regularly scheduled City Council meeting or at a special meeting called for this purpose. The San Joaquin County Registrar of Voters provided the results of the canvass of the election on December 2, 2022, to the City Elections Official/ City Clerk. The vote counts are as follows:
Cit of Lathro Voters
Ballots Cast Re istered Voters Voter Turnout Percenta e 6, 419 15, 243 42. 11%
5 CITY MANAGER' S REPORT PAGE 2
DECEMBER 12, 2022 CITY COUNCIL SPECIAL MEETING
DECLARATION AND CERTIFICATION OF THE NOVEMBER 8, 2022 GENERAL
ELECTION RESULTS
Office of Mayor
Full Term 2 ears 1 Seat
Candidate Vote Count Percenta e of 100%
Sonn Dhaliwal 4, 784 78. 58%
John Thanh Do 1, 304 21. 42%
Members of the City Council
Full Term 4 ears 2 Seats
Candidate Vote Count Percenta e of 100%
Paul Akin' o 3, 899 39. 90%
Diane Lazard 3, 457 35. 37%
Christina Cam o - Lau hlin 2, 417 24. 73%
California Elections Code Section 10263 requires the City Council to adopt a resolution reciting the fact of the election and declaring elected the persons for whom the highest number of votes were cast for each office prior to the installation of new officers ( Attachment A).
FISCAL IMPACT:
None at this time. Funds were included in the FY 2022- 23 City Council Budget for the cost of the General Municipal Election.
CEQA STATUS:
Not a Project as defined in Section 15378 of the State CEQA Guidelines.
ATTACHMENTS:
A. Resolution Reciting the Fact of the General Municipal Election held on November 8, 2022, Declaring the Result and Such Other Matters as Provided by Law
a. Exhibit A: Certificate of Results of the City of Lathrop Municipal Election held on Tuesday, November 8, 2022, Provided by the San Joaquin County Registrar of Voters
b. Exhibit B: City Clerk' s Certification of Election Results 6 CITY MANAGER' S REPORT PAGE 3
DECEMBER 12, 2022 CITY COUNCIL SPECIAL MEETING
DECLARATION AND CERTIFICATION OF THE NOVEMBER 8, 2022 GENERAL
ELECTION RESULTS
APPROVALS:
eresa Vargas Date
Government Services Director &
City Clerk
S` - L
Salvador Navarrete Date
City Attorney
Fo2 12 • 5• 2o ZZ
Stephen J. Salvatore Date
City Manager
7 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Lathrop, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of 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 general law cities; and WHEREAS, the San Joaquin County Registrar of Voters Office canvassed the returns of the election and has certified the results to this City Council, the results were received on December 2, 2022, attached, and made a part hereof as Exhibit A"; a n d
WHEREAS, the City Clerk as the City' s Election Official declares the results of the General Municipal Election, as provided and certified by the San Joaquin County Registrar of Voters Office, to the City Council, pursuant to Elections Code § 10262, attached, and made a part hereof as Exhibit B".
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, California, does hereby resolve, declare, determine, and order as follows:
Section 1. That the number of register voters in the City of Lathrop was 15, 243, and the whole number of votes ( ballots) cast in the City was 6, 419.
Section 2. That the names of persons voted for at the election for Mayor of the City of Lathrop are as follows:
John Thanh Do
Sonny Dhaliwal
That the names of persons voted for at the election for Members of the City Council are as follows:
Paul Akinjo
Christina Campoy- Laughlin
Diane Lazard
Resolution No. 22- Page 1 of 3
8 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 as listed in Exhibit A" attached.
Section 4. The City Council does declare and determine that Sonny Dhaliwal was elected as Mayor for the full term of two years; Paul Akinjo was elected as Member of the City Council for the full term of four years; and Diane Lazard was elected as Member of the City Council for the full term of four years.
Section 5. 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 votes ( 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.
Said information is set forth in this Resolution and the documentation attached hereto by reference.
Section 6. That 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; 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.
Resolution No. 22- Page 2 of 3
9 PASSED AND ADOPTED this 12t" day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
J --
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22- Page 3 of 3
10 EXHIBIT " A" to Resolution
S A N D A Q U N
Registrar of Voters
C 0 U N T Y
Olivia Hale, Registrar of Voters
f,;,,,, ,
Eric Diaz, Assistant Registrar of Voters
December 2, 2022
Lathrop City Clerk
Teresa Vargas
390 Towne Centre Dr.
Lathrop, CA 95330
Subject: Certificate of the Registrar of Voters for the General Election held on Tuesday, November 8, 2022
Dear City Clerk:
Attached hereto is the official Certification of the November 8, 2022, General Election.
Please be advised that the original physical copies of these documents as well as the Certificate of Elections Official and Candidate Certificates will be sent out via mail after the San Joaquin County Board of Supervisors meeting on December 13th.
It has been a pleasure to work with you in conducting this election and I look forward to serving you again in any future elections.
Sincerely,
i7', ta
Olivia Hale
Enclosures:
Exhibit A (Statement of Votes Cast)
Certification of Results
44 N. San Joaquin Street, Suite 350 Stockton, California 95202 T 209 468 8683 F 209 468 9534 11 SAN JOAQUIN COUNTY REGISTRAR OF VOTERS
CERTIFICATION OF RESULTS OF THE
CITY OF LATHROP GENERAL ELECTION
HELD ON TUESDAY, NOVEMBER 8, 2022
I, Olivia Hale, Registrar of Voters for the County of San Joaquin, State of California, do hereby certify that this office has completed the canvass of the City of Lathrop General Election, held on Tuesday, November 8, 2022, and that the following are the results of said election:
City of Lathrop Mayor
Number of Positions to be filled: 1
Candidate Name Total Votes 100. 00%
Sonny Dhaliwal 4, 784 78. 58%
John Thanh Do 1, 304 21. 42%
City of Lathrop Member, City Council
District At- Large)
Number of Positions to be filled: 2
Candidate Name Total Votes 100. 00%
Paul Akinjo 3, 899 39. 90%
Diane Lazard 3, 457 35. 37%
Christina Campoy- Laughlin 2, 417 24. 73%
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 2" d
day of December, 2022.
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Olivia Hale
San Joaquin County Registrar of Voters
12 San Joaquin County
General Election
11/ 8/ 2022
CITY OF LATHROP MAYOR- Vote for One
Precincts Voters
Counted Total Percent Ballots Regis[ ered Percen[
8 8 100.00% 6, 419 15, 243 42. 11%
Choice Party Vote- by- Mail Eledion Day Provisional Total JOHN THANH DO 1, 122 20. 94q 170 2530q 12 20. 69% 1, 304 21. 42 SONNY DHAUWAL 4, 236 79. 06Y 502 74. 70% 46 79. 31% 4,784 78. SSq Cast Votes: 5, 358 100.00'Y 672 100. 00% 58 100.00% 6,088 100.00% Undervo[ es: 236 32 25 293
Overvotes: 1 0 0 1
Unqualified Write- Ins: 33 9 0 42
Unresolved Write- Ins: 0 0 0 0
CITY OF LATHROP CITY COUNCIL- Vote for Two
Precincts Voten
Counted Total 7ercent Ballots Registered Percent
8 8 700.00% 6, 419 15, 243 42. 11%
Choice Party Vote-by- Mail Election Day Provisional Total PAULAKINIO 3, 499 4031% 368 36. 47% 32 38. SSq 3, 899 39. 90% CHRISTINACAMPOY- LAUGHLIN 2,097 24. 16% 296 2934Y 24 28. 92Y 2, 417 24.73% D1ANE LAZARD 3, 085 35. 54% 345 34. 19% 27 32. 53% 3, 457 35. 37q Cast Votes: 8, 681 100. 00% 1,009 100. 00% 83 100.00q 9,773 100. 00% Undervotes: 2, 506 397 83 2, 986
Overvotes: 2 0 0 2
Unqualified Write- Ins: 65 20 0 85
Unresolved Wri[ e- Ins: 0 0 0 0
13 SanJoaquin County
General Election
11/ 8/ 2022
Page2
End of report*`*
14 EXHIBIT " B" to Resolution
c ty of Lqt C
City of Lathrop
City Clerk' s Certification of Election Results
I, Teresa Vargas, City Clerk of the City of Lathrop, State of California, as the Elections Official for the City of Lathrop, do hereby declare and certify the results of the General Municipal Election held in the City on November 8, 2022, as set forth in the Registrar of Voters Certificate of Results as submitted and certified by the County of San Joaquin Registrar of Voters on the 2
d
day of December, 2022, for the Offices of the
City of Lathrop Mayor and Members of the City Council.
Furthermore, I certify that the number of votes given in the City to persons votes for, the respective offices for which the persons were candidates, were as follows:
Cit of Lathro Voters
Ballots Cast Re isterad Voters Voter Turnout Percenta e 6, 419 15, 243 42. 11%
Office af Mayor
Full Term 2 ears, endin December 2024 1 Seat
Candidate Vote Count Percenta e of 100%
Sonn Dhaliwal 4, 784 78. 58%
John Thanh Do 1, 304 21. 42%
Members of the City Council
Full Term 4 ears, endin December 2026 2 Seats
Candidate Vote Count Percenta e of 100%
Paul Akin' o 3, 899 39. 90%
Diane Lazard 3, 457 35. 37%
Christina Cam o - Lau hlin 2, 417 24. 73%
Tei esa Vargas, MMC
City Clerk, as the Elections Official, &
Government Services Director
15 16
CITY MANAGER' S REPORT ITEM 2. 1. 4
DECEMBER 12, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: APPOINTMENT OF VICE MAYOR
RECOMMENDATION: Mayor to Appoint Vice Mayor for 2023
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines
BACKGROUND:
Chapter I " Genera/ Powers and Duties", Section F Vice Mayor Se/ection", of the City Council Handbook of Rules and Procedures provides:
The Vice Mayor shall be appointed by the Mayor for a one- year term at the first meeting in December. If, in any year in which an election for Mayor of Council takes place, and the first meeting in December occurs prior to the certification of election results, then action under this section shall be delayed to the next meeting of the City Council, either regular or special."
Also as prescribed in the California Government Code § 36801:
The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore."
Furthermore, Chapter I Genera/ Powers and Duties", Section F Vice Mayor", of the City Council Handbook of Rules and Procedures provides:
In the absence of the Mayor, the Vice Mayor shall possess and perform the power and duties of the Mayor. In that capacity, the Vice Mayor shall sign ordinances and resolutions adopted in his or her presence."
At this time, staff is requesting the appointment to be made by the Mayor.
CEQA STATUS:
Not a Project as defined in Section 15378 of the State CEQA Guidelines.
SUBMITTED BY:
J c' I
resa Vargas Date
Government Services Director
City Clerk
17 18
ITEM 2. 1. 5
CITY MANAGER' S REPORT
DECEMBER 12, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: MAYOR AND COUNCILMEMBER ASSIGNMENTS TO
SERVE ON OUTSIDE AGENCY BOARDS, COMMISSION
AND COMMITTEES FOR 2023
RECOMMENDATION: Mayor to Assign City Council Appointments for 2023, for Members of the City Council to Represent the City
of Lathrop on Outside Agency Boards, Commissions
and Committees
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines
BACKGROUND:
Councilmembers serve on various outside agency boards, commissions and committees in order to represent the interests of the City of Lathrop, Chapter V, Section B( 2) of the City Council Handbook of Rules and Procedures provides: The Mayor shall, instead of nominating, announce the appointment of the designated Councilmember as a member of a County, regional, multi- public agency, or other outside agency, at the time the matter is considered at the City Council meeting. If no motion is made by a Councilmember, immediately following the Mayor' s announcement, to submit the Mayor' s intended appointment to formal vote of the City Council, the Mayor' s announced appointment is deemed approved." The Mayor traditionally reviews these appointments each year in December, following Council reorganization, to examine whether current assignments should remain the same or if they should be changed for the upcoming year. Some assignments are made by jurisdictions that the City of Lathrop does not control. Attached to this report is a list of current appointments, some appointments require filing a Form 700 Statement of Economic Interest at the time of assuming or leaving office and annually. The Form 700 filings must be coordinated with and provided directly to the corresponding agency.
CEQA STATUS:
Not a Project as defined in Section 15378 of the State CEQA Guidelines.
ATTACHMENTS:
A. Current Mayor and Councilmember Appointments ( Assigned for 2022) SUBMITTED BY:
I 2-
resa Vargas Date
Government Services Director
City Clerk
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