City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JULY 19, 2022 FROM: CITY CLERK’S ’S OFFICE WARDS: ALL
SUBJECT: PRESENTING THE CERTIFICATION OF THE RESULTS OF THE CANVASS OF ELECTION RETURNS BY THE COUNTY OF RIVERSIDE REGISTRAR OF VOTERS FOR THE CONSOLIDATED GENERAL ELECTION HELD ON NOVEMBER 2, 2021, FOR MEASURE c, DECLARING THE RESULTS THEREOF, AND SETTING FORTH SUCH OTHER MATTERS AS ARE REQUIRED BY LAW ISSUE:
The certification of the results of the canvass of the election returns by the County of Riverside Registrar of Voters has been presented to the City Clerk. The trial court’s judgment, in the case entitled Riversiders Against Increased Taxes v. City of Riverside, et al., dissolving the preliminary injunction preventing the certification of the election has been entered. The City Clerk hereby submits the certification of the election results to the Council so the Council may declare the results thereof in accordance with its ministerial duty and as required by law.
RECOMMENDATION:
That the City Council adopt the attached resolution reciting the fact of the election held on November 2, 2021 and declare the results thereof.
DISCUSSION:
On August 3, 2021, the City Council approved placement of Measure C on the ballot as detailed, in part, in the attached resolution. The voters of Riverside passed Measure C by a majority vote. The certification of the November 2, 2021, election was delayed due to the issuance of a preliminary injunction preventing the City Clerk from certifying the election results. On May 5, 2022, the City Clerk received the certification of the results of the canvass of election returns by the County of Riverside Registrar of Voters for the consolidated general election held on November 2, 2021. In anticipation of the court’s judgment dissolving the preliminary injunction and in accordance with the Elections Code, the City Clerk submits the certified election results to the City Council so the City Council may declare the results thereof in accordance with its ministerial duty and as required by law.
The certification has been delayed by court orders in the case entitled Riversiders Against Increased Taxes v. City of Riverside, et al. On November 9, 2021, the trial court issued a preliminary injunction preventing the City Clerk from certifying the election results. On April 26, 2022, the trial court issued its ruling, holding that the election held on November 2, 2021 was a special election and not a general election. Both Plaintiff and the City have since appealed that ruling. On May 2, 2022, plaintiff brought an ex parte application before the trial court, asking that the court prevent certification of the election results until the appeal is decided. On May 10, 2022, Plaintiff filed a Petition for Writ of Supersedeas with the appellate court, requesting that the appellate court prevent certification of the election results until the appeal is decided. On May 12, 2022, the appellate court issued a temporary stay on certification of the election results.
On June 7, 2022, the appellate court issued an order denying Plaintiff’s petition for supersedeas and lifting the stay previously granted by the appellate court on May 12, 2022. On June 16, 2022, the trial court issued its judgment. In the trial court’s judgment, the trial court indicated that the preliminary injunction that the trial court had issued on November 9, 2021, would be dissolved effective as of two court days after electronic service of notice of entry of judgment by either the clerk of the court or any party. On June 28, 2022, the City served notice of entry of judgment, meaning that the preliminary injunction enjoining the City from certifying the election results was dissolved on June 30, 2022.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Prepared by: Donesia Gause, City Clerk
Certified as to
availability of funds: Edward Enriquez, Interim Assistant City Manager/Chief Financial Officer/City Treasurer Approved as to form: Phaedra A. Norton, City Attorney
Attachment: Resolution
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