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HomeMy WebLinkAboutReso 34-22 Calling November ElectionRESOLUTION NO. 34-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE SUBMISSION OF ORDINANCE NO 650 TO THE QUALIFIED VOTERS OF THE CITY AS A PROPOSED MEASURE; AND, REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN THE COUNTY ON TUESDAY, NOVEMBER 8, 2022 PURSUANT TO SECTION 10403 OF THE ELECTION CODE; AND, OTHER ELECTION MATTERS AS REQUIRED BY LAW THE CITY COUNCIL City of Morro Bay California WHEREAS, the City Council of the City of Morro Bay, under the provisions of the laws related to general law cities in the State of California, has called for the holding of a General Municipal Election to be held on November 8, 2022 to consider a ballot measure concerning Ordinance No. 650, and further desires that this election be consolidated• with the Statewide General Election to be held on the same date; and WHEREAS, pursuant to authority provided by the California Constitution and the State Elections Code, on March 10, 2022 an initiative petition was presented for filing entitled, Initiative Measure To Fund City Of Morro Bay Harbor Infrastructure Through $120 Special Parcel Tax With Revenues Used Only And Exclusively For Maintenance And Improvements To City Of Morro Bay Owned Harbor Facilities"; and WHEREAS, Election Code Section 9215 provides in part that an initiative petition qualifies if it "is signed by not less than 10 percent of the voters of the city,"; and WHEREAS, in accordance with Election Code Section 9210, it was determined that the County Clerk's last official report of City of Morro Bay voter registration to the Secretary of State was 8,268 registered voters and that 10% of said registration would require 827 valid signatures to qualify the initiative petition; and WHEREAS, on March 10, 2022, pursuant to the provisions of Election Code section 9210, the initiative petition was examined by the City's Elections Official and it was determined the number of signatures, prima facie, was in excess of the number of signatures required, and the City's Elections Official accepted the petition for filing; and WHEREAS, based on the County of San Luis Obispo Registrar of Voters Signature Verification Certificate and, in accordance with Election Code Sections 9114 — 9115, the initiative petition was determined to contain 1,047 valid signatures and deemed to be sufficient on April 4, 2022; and WHEREAS, in accordance with Election Code Section 9215, the Elections Official certified the results of the examination to the City Council at the next regular meeting held on April 12, 2022 and Resolution No. 34-22 Page 2 of 4 WHEREAS, Election Code Section 9215 provides in part that when a city council is presented with a qualified initiative petition the City Council `shall do one of the following: (a) Adopt the ordinance, without alteration, at the regular meeting at which the certification was presented (b) Submit the ordinance, without alteration, to the voters pursuant to Section 1405. (c) Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented."; and WHEREAS, the City Council desires to have the voters consider this measure at the next statewide general election to be held on November 8, 2022; and WHEREAS, it is desirable that said General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City of Morro Bay the precincts, polling places and election officers of the two elections be the same and that the County Election Department of the County of San Luis Obispo canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. N OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: S ECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities including California Elections Code Sections 306 9222 and 1301, there is called and ordered to be held in the City of Morro Bay, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of submitting to the voters of the City of Morro Bay a ballot measure. Pursuant to Elections Code Section 9222, it is the intent of the City Council the measure be submitted to the voters of Morro Bay at the aforementioned General Election. The full text of the measure is attached hereto and marked as Exhibit A. The San Luis Obispo County Registrar of Voters is requested to print the Full Text of the Measure contained on Exhibit A in the sample ballot pamphlet. As required by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is specified below in Section 2. The City Clerk is hereby authorized and directed to make any changes to the text of the proposition or this resolution as required to conform to any requirements of the San Luis Obispo County Registrar of Voters. S ECTION 2. That the City Council hereby orders the following measure be submitted to the voters at the aforementioned General Election: Shall the measure, to exclusively fund City of Morro Bay owned harbor infrastructure (such as docks, piers, Harbor Walk, sea walls, public restrooms, revetments, launch ramps) through preventative maintenance and capital improvements, revenues used only for these purposes and unable to be used for any other purpose providing approximately $680,000 annually, through annual $120 special parcel tax on all parcels of taxable real property, adjusted for inflation, until ended by voters, be adopted? YES NO S ECTION 3. That the text of Ordinance No. 650 to be submitted to the voters as a proposed measure is attached as Exhibit "A' to this resolution. Resolution No. 34-22 Page 3 of 4 S ECTION 4. That the ordinance shall not take effect unless and until the ordinance receives the approval of a majority of the votes cast by the qualified voters of the City voting upon the ballot measure on the proposed ordinance at the November 8 2022 General Municipal Election. S ECTION 5. That the vote requirement for the ballot measure to pass is a majority (50% + 1) of the votes cast. S ECTION 6. That the ballots to be used at the election shall be in form and content as required by law. S ECTION 7. That the City Clerk is authorized, instructed and directed to coordinate with the County of San Luis Obispo Clerk Recorder to procure and furnish any and all official ballots, notices, printed matter and all supplies equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. S ECTION 8. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. S ECTION 9. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding a General Municipal Election consolidated with a Statewide General Election. S ECTION 10. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law. S ECTION 11. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of submitting to the voters a ballot measure concerning City of Morro Bay Ordinance No. 650. S ECTION 12. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. S ECTION 13. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. S ECTION 14. That the City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs incurred by reason of this consolidation. S ECTION 15. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of San Luis Obispo. Resolution No. 34-22 Page 4 of4 S ECTION 16. That the City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. S ECTION 17. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. S ECTION 18. That this Resolution is effective on the day of its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of April 2022 following vote. AYES' Headding, Addis, Barton, Ford, Heller NOES. None ABSENT: None ATTEST: PkAle kir1/4 CrNes-- DANA SWANSON, City Clerk