HomeMy WebLinkAbout1980_Reso 32-80 declaring April 80 election resultsf
RESOLUTION NO. 32-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO
BAY, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD IN SAID CITY OF MORRO BAY ON THE
8TH DAY OF APRIL, 1980, DECLARING THE RESULT THEREOF
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
WHEREAS, a regular general municipal election was held and con-
ducted in the City of Morro Bay, County of San Luis Obispo, State of
California, on Tuesday, the 8th day of April, 1980, as required by
law; and
WHEREAS, notice of said election was duly and regularly given
in time, form and manner as provided by the law; that voting pre-
cincts were properly established; that election officers were
appointed and that in all respects said election was held and con-
ducted and the votes cast thereas, 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 cities; and
WHEREAS, pursuant to Resolution No. 23-80 adopted the 10th day
of March, 1980, the City Clerk of the City of Morro Bay canvassed
the returns of said election and has certified the results to this
City Council, said results are received, attached and made a part
thereof as Exhibit "A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That there were 7 voting precincts established
for the purpose of holding said election consisting (of consolida-
tions) of the regular election precincts in the City of'Morro Bay
as established for the holding of state and county elections.
SECTION 2. That said regular municipal election was held for
the purpose of electing the following officers of said City as re-
quired by the laws relating to cities in the State of California,
to wit;
A Mayor of said City for the full term of two years
Two Members of the City Council of said City for the full term
of four years;
SECTION 3. That at said regular general municipal election,
the following measures were submitted*to the electors of said City,
to wit:
Resolution No. 32-80
Election Certification
Page 2
MEASURE "A"
Section 1. The Municipal Code of the City of Morro Bay is
hereby amended by adding thereto Chapter 3.28, sections 3.28.010
through 3.28.060, reading in full as follows:
3.28.010 Definitions
(a) "Community Promotion Activities" as used in this ordinance means
any act or device including, without limitation, media or billboard
advertising, mass mailing or distribution of printed material, special
events, and maintaining visitor centers, designed to draw visitors to
the City or to disseminate information relative to the merits of the
City as a business, industrial, recreational, or residential area.
(b) "City Funds" means all public monies expended or authorized to
be expended by the City Council or any City official or department.
3.28.020 General Prohibition
F }
No City funds shall be budgeted, expended, or in any way autho-
rized or committed for community promotion acitivities except as pro-
vided in this chapter.
3.28.030 Dollar Limitation
In any one fiscal year, the City shall not commit or expend City
funds .for community promotion activities in a total dollar amount
which exceeds five percent (5%) of the revenues received by the City
the preceding fiscal year from the transient occupancy tax provided
for elsewhere in this Municipal Code.
3.28.040 Public Biddin Required
No contract or grant shall be awarded for the expenditure of
City funds in excess of $500.00 for community promotion activities
without first advertising for competitive bids in two newspapers of
general circulation distributed in the City. Said advertising shall
fully describe the type of services desired and the manner in which
they are to be performed.
3.28.050 Public'Meeting; Expend'iture's' in Excess of $500.00
The City Council shall riot approve or authorize the expenditure
of City funds in excess of $500.00 for any contract, award, or grant
for community promotion activities without first holding a noticed
public hearing thereon. Said hearing shall be held at a regular public
meeting as a noticed agenda item which specifies in detail the maxi-
mum dollar amount of the proposed expenditure, the services which will
be received by the City,'and the name of the proposed recipient of
the money from the City.
Resolution No. 32-80
Election Certification
Page 3
3.28_.060 Accountability and Controls
No City funds shall be paid for community promotion activities
to any person unless and until said person enters into a written
agreement with the City providing procedures for detailed accounta-
bility and controls for the expenditure of said City funds. Final
City approval of each payment of City funds for community promotion
activities shall be read aloud by the City Clerk and authorized by
the Council at a regular Council meeting."
MEASURE "B"
Except for territory which is dedicated soley and entirely to a
permanent publ-ic use;,no annexation of territory to.the City, shall
become effective until approved by a vote of'the people at a General
or Special Election held after the final decision by.the Council to
annex such territory.
SPECIAL RECALL' ELECTION
That as a result of said election, a majority'"of the qualified
voters voting on special recall election for. Thomas R. Cantine did
vote in favor thereof, and that said proposition was carried, and
shall be deemed adopted and ratified.
That as a result of said election, a majority of the qualified
voters voting on special recall election of Thomas R. Harmon did
vote in favor thereof, and that said proposition was carried, and
shall be deemed adopted and ratified.
That as a result of said election, a majority of the qualified
voters voted to fill the vacancies created by the above -mentioned
two Councilmember positions by special election.
SECTION 4. That the whole number of votes cast in said City
(except absent voter ballots) was 3,098.
That the whole number of absent voter ballots cast in said City
was 219, making a total of 3,317 votes cast in said City.
SECTION 5. That the names.of persons voted for at said election
for Mayor and Member of the City Council of said City are as follows:
NAMES'OF NOMINEES
Mayor: Warren M. Dorn and Eugene R. Shelton
City Council: John Lemons, Rodger Anderson, Elenor Kolb, and
Charles K. Reasor
Resolution No. 32-80
Election Certification
Page 4 '
That the measures voted upon at said election are as follows:
MEASURE "'A"
Section 1. The Municipal Code of the City of_Morro Bay is
hereby amended by adding thereto Chapter 3.28, sections 3.28.010
through 3.28.060, reading in full as follows:
3.28.010 Defin'itions
(a) "Community Promotion Activities" as used in this ordinance means
any act or device including, without limitation, media or billboard
advertising, mass-mailing*or distribution of printed material, special
events, and maintaining visitor centers, designed to draw visitors to
the City or to disseminate information relative to the merits of the
City as a business, industrial, recreational, or residential area.
(b) "City Funds" means all public monies expended.or authorized to
be expended by the City Council or any City official or department.
3.28.020 General Prohibition
No City funds shall be budgeted, expended, or in any way autho-
rized or committed for'communi�y promotion acitivities except as pro-
vided in this chapter.
3.28.'030' Dollar idmi'tat'ion
In any one fiscal year, the City shall not commit'or expend'City
funds for community promotion activities in a.total dollar amount
which exceeds five percent (5%) of the revenues'received•by the City
the preceding fiscal year from the transient- occupancy .tax provided
for elsewhere in this Municipal Code.
3.2 8'. 04 0 Public' Bidding' Required
No contract or grant shall be awarded for the expenditure of
City funds in excess of $500.00 for community promotion activities
without first advertising for competitive bids in two newspapers of
general circulation distributed in the City. Said advertising shall
fully describe the type of services desired and the manner in which
they are to be performed.
3.28.050 Public Meeting; Expenditures in Excess of $500.00
The City Council shall not approve or authorize the expenditure
of City funds in excess of $500.00 for any contract, award, or grant
Resolution No. 32-80
Election Certification
Page 5
for community promotion activities without first holding a noticed
public hearing thereon. Said hearing shall be held at a regular public
meeting as a noticed agenda item which specifies in detail the maxi-
mum dollar amount of the proposed expenditure, the services which will
be received by the City, and the name of the proposed recipient of
the money from the City.
3.28.060 Accountability_and Controls
No City funds shall be paid for community promotion activities
to any person unless and until said person enters into a written
agreement with the City providing procedures for detailed accounta-
bility and controls for the expenditure of said City funds. Final
City approval of each payment of City funds for community promotion
activities shall be read aloud by the City Clerk and authorized by
the Council at a regular Council meeting."
MEASURE "B"
Except for territory which is dedicated soley and entirely to a
permanent public use, no annexation of territory to the City, shall
become effective until approved by a vote of the people at a General
or Special Election held after the final decision by the Council to
annex such territory`.
SPECIAL RECALL ELECTION
That as a result of said election, a majority'of the qualified
voters voting on'special recall election for Thomas R. Cantine did
vote in favor thereof, and that said proposition was carried, and
shall be deemed adopted and ratified.
That as a result of said election, a majority of the qualified
voters voting on special recall election of Thomas R. Harmon did
vote in favor thereof, and that"said proposition was carried, and
shall be deemed adopted and ratified.
That as a result of said election, a majority of the qualified
voters voted to fill the vacancies created by the above -mentioned
two Councilmember positions by special election.
That the number of votes given at each precinct and the number
of votes given in the City to each of such persons above named for
the respective offices for which said persons were candidates (and
for and against the measure) were as listed in Exhibit "A" attached.
SECTION 6. The City Council does declare and determine that:
Warren M•. Dorn -.was .elected has-. Mayor- of said City".for-the full
term of two years;
Resolution No. 32-80
Election Certification
Page 6
Rodger Anderson was elected as Member of the City Council of
said City for the full term of four years;
John Lemons was elected as Member of the City Council of said
City for the full term of fours years.
That as a result of said election, a majority of the qualified
voters voting on Measure "A" relating to community promotions funding
did vote in favor thereof, and that said proposition was carried, and
shall be deemed adopted and ratified.
That as a result of said election, a majority of, the qualified
voters voting on Measure "B" relating to territorial annexation did
vote in favor thereof, and that said proposition was carried, and
shall be deemed adopted and ratified.
That as a result -of said election, a majority of the qualified
voters voting on special recall election for Thomas R. Cantine did
vote in favor thereof, and that said proposition was carried, and
shall be deemed adopted and ratified.
That as a result of.said election, a majority of the qualified
voters voting on special recall election of Thomas R: Harmon did vote
in favor thereof, and that said proposition was carried, and shall be
deemed adopted and ratified.
That as a result of said election, a majority of the qualified
voters voted to fill the vacancies created by the above -mentioned two
Councilmember positions by special election.
SECTION 7. The City Clerk shall enter on the records of the
City Council of said City, a statement of the result of said election,
showing:
(1) The whole number of votes cast in the city;
(2) The names of the persons voted for;
(3) The measures voted upon;
(4) For what office each person was voted for;
(5) The number of votes given at each precinct to each person, and
for and against each measure;
(6) The number of votes given in the City to each person, and for
and against each measure.
Resolution No. 32-80
Election Certification
Page 7
SECTION 8. That the City Clerk shall immediately make and, upon
compliance by the person elected with the provisions of Section .115-56
and Section 1155,4, of the Elections Code of the State of California,
shall deliver to each of such persons so elected a Certificate of
Election signed by him and duly authenticated; that he shall also
administer to each person elected, the Oath of Office prescribed in
the State constitution of the State of California and shall have them
subscribe thereto and file the same in his office. Whereupon, each
and all of said persons so elected shall be inducted into the re-
spective office to which they,have been elected.
SECTION 9. That the City Clerk shall certify to the passage'
and adoption of this resolution shall enter the same in the book
of original Resolutions of said City; and shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
On motion made by Mayor Shelton and seconded by Councilman
Rosenberg, the foregoing proposed resolution .is passed and. adopted
in its entirety on the following roll cali_'vote:
AYES: Councilmen Reasor, Rosenberg, and Mayor Shelton
NOES: None
ABSENT: Councilmen Harmon and Cantine
ADOPTED: April 15, 1980
J%KRNER. SHELTON, Mayor
ATTEST:
DONALD F. GULUZZY, i Clerk
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