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CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
((951) 826-5567
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, RECITING THE FACT OF THE
MUNICIPAL ELECTION HELD FOR PURPOSE OF SUBMITTING
TO THE QUALIFIED ELECTORS AN AMENDMENT TO THE
CHARTER OF THE CITY OF RIVERSIDE AND HELD IN SAID
CITY ON NOVEMBER 2, 2021, DECLARING THE RESULTS
THEREOF AND SETTING FORTH SUCH OTHER MATTERS AS
ARE PROVIDED BY LAW.
WHEREAS, pursuant to Resolution No. 23746, adopted August 3, 2021, an election was held on November 2, 2021, for the purpose of submitting to the qualified electors of the City of Riverside an amendment to the Charter of the City of Riverside as was required by law; and WHEREAS, notice of said election was duly and regularly given in the time, form and manner as provided by law; election officers were appointed and in all respects said election was held and the returns made and declared in the time, form, and manner as required by the provisions of the Charter of the City of Riverside and the Elections Code of the State of California; and WHEREAS, the appropriate County official canvassed the returns of the consolidated general election and has certified the results to this City Co uncil and said results are received, attached, and made a part hereof as Exhibit “A;” and
WHEREAS, the California Elections code section 10262, “ Canvassing of returns and certification of results,” provides that “(b) For a consolidated election, the city elections official, upon receipt of the results of the election from the elections official conducting the election, shall certify the results to the governing body, no later than the next regularly scheduled city council meeting following presentation of the 28–day canvass of the returns, or at a special meeting called for this purpose, complying with the applicable provisions of Section 10263;” and WHEREAS, California Elections code section 10263, “ Declaration of results and installation of newly elected officers,” states that “[u]pon the completion of the canvass and before installing the new officers, the governing body shall adopt a resolution reciting the fact of the election and the other matters that are enumerated in Section 10264. The governing body shall declare elected the persons for whom the highest number of votes were cast for each office . . . (b) For a consolidated election, the governing body shall meet at its usual place of meeting no later
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CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
((951) 826-5567
than the next regularly scheduled city council meeting following presentation of the 28–day canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers;” and
WHEREAS, the City was enjoined by court order in the case entitled Riversiders Against Increased Taxes v. City of Riverside, et al, Riverside Superior Court Case number CVRI2104120 from certification, including receiving the presentation of the 28- day canvass of returns and declaring the results of the vote; and
WHEREAS, on June 16, 2022, the court in Riversiders Against Increased Taxes v. City of Riverside, et al, entered a judgment ordering that such injunction on certification be dissolved 48 hours after entry of that judgment; and
WHEREAS, 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; and
WHEREAS, after the injunction had been dissolved, the City Council received the certification of the afore-mentioned election results and considered declaring the results; and WHEREAS, the California Elections Code section 15400 states: "The governing board shall also declare the results of each election under its jurisdiction as to each measure voted on at the election;" and
WHEREAS, the court’s April 25, 2022 “Ruling on Submitted Matter -Petition for Writ of Mandate,” in Riversiders Against Increased Taxes v. City of Riverside, et al, noted that such declaration “is the essence of a ministerial duty-- one that must be performed without the exercise of independent judgment or opinion. County of San Diego v. State ( 2009) 164 Cal. App.4th 580, 593. Because it is a ministerial duty, the Court cannot enjoin its performance.” NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, based upon the facts set forth herein and in the staff report accompanying this resolution, which are incorporated herein by this reference, as follows:
Section 1: That there were fifty eight (58) voting precincts citywide.
Section 2: That the follow ing measure was submitted to the qualified electors at said
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CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
((951) 826-5567
election:
Measure C: City of Riverside Services Protection Measure. To maintain such general city services as 911 response, fire, paramedic, police, street repairs, parks, senior services; address homelessness; shall the measure amending City of Riverside’s Charter to continue collecting in electric rates and maintain th e voter -approved fund transfer (established 1968), limited to 11.5% of gross revenue, providing approximately $40,000,000 annually to City of Riverside’s General Fund not increasing tax or utility rates, until ended by voters, requiring audits/all funds controlled locally, be adopted.
Section 3: That the whole number of votes cast Citywide was 29,619 and that the number of votes given in each precinct and the number of votes given in the City for and against the Measure is listed on the attached Exhibit “A”.
Section 4: T ha t a majority of the qualified electors voting on Measure C voted in favor thereof, and pursuant to the Constitution of the State of California and the laws of the State of California, Measure C is declared to have carried.
Section 5: T hat the City Clerk shall enter on the records of the City Council of said City a statement of the results of the regularly scheduled Municipal Runoff Election held on November 2, 2021, showing:
(1) The whole number of votes cast in the City;
(2) The measure voted upon;
(3) The number of votes given at each precinct in favor and against the measure; (4) The number of votes given in the City in favor and against the measure; Section 6: That the City Clerk is hereby directed to record the necessary documents associated with the Charter measure with the County Recorder and file same with the Secretary of State pursuant to Government Code Section 34460.
ADOPTED by the City Council this ___ day of _________________, 2022.
___________________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
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CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
((951) 826-5567
Attest:
____________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the ___day of ________________, 2022, by the following vote, to wit:
Ayes:
Noes:
Absent:
Disqualified:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ____ day of _________________, 2022.
____________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
21-1499.1 SDW 7/6/22
\\Rc-citylaw\cycom\WPDOCS\D006\P033\00663831.DOCX
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CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
((951) 826-5567
EXHIBIT A