HomeMy WebLinkAboutCC AG PKT 2008-12-08 #XAGENDA STAFF REPORT
DATE: December 8, 2008
TO: Honorable Mayor and City Council
THRU: David N. Carmany, City Manager
FROM: Linda Devine, City Clerk
SUBJECT: DECLARING RESULTS OF ELECTION AND
SWEARING-IN OF ELECTED COUNCIL MEMBERS
AND CITY CLERK
SUMMARY OF REQUEST:
Adopt Resolution No. 5825 declaring the results of the November 4, 2008
election and swear-in the newly elected city officials for a full four year term
(2012): David W. Sloan -District Two; Gary A. Miller -District Four; and Linda
Devine -City Clerk.
BACKGROUND:
The City of Seal Beach General Municipal Election was held on November 4,
2008 -canvass and certification of election by the county was completed on
December 2, 2008 (attachment "A"). Ordinance Number 1573 was passed by
the voters of the City of Seal Beach.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Adopt Resolution No. 5825 declaring the results of the November 4, 2008
election and swear-in the newly elected city officials.
SU MITTED NOTED AND APPROVED:
a~
L n Devine, City Clerk David Carma y, City Manager
Attachments:
A. Resolution No. 5825 -Orange County Registrar -Election Results
B. Ordinance Number 1573
Agenda Item X
RESOLUTION NUMBER 5825
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2008
DECLARING THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of
Seal Beach, California, on Tuesday, November 4, 2008 as required by law; and
WHEREAS, notice of the 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 charter
cities; and
WHEREAS, the Orange County Registrar of Voters (Election Department)
canvassed the returns of the election and has certified the results to this City
Council, the results are received, attached and made a part hereof as "Exhibit A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
SECTION 1. That the whole number of ballots cast in the precincts (except vote
by mail ballots and provisional ballots) was 7.115 ;the whole number of vote
by mail ballots cast in the City was 8.244 ; making a total of 15,359 ballots
cast in the City.
SECTION 2. That the names of persons voted for at the election for Member of
the City Council and City Clerk are as follows:
District Two: David W. Sloan
Melvin DaKroob (write-in)
District Four: Gary A. Miller
James M. Derry
City Clerk: Linda Devine
That the measures voted upon at the election is as follows:
Shall the Seal Beach Municipal Code be amended to limit Yes
the maximum height of residential development in the Old
Town Area to 25 feet? No
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 and for and against the measure
are as listed in Exhibit "A" attached.
SECTION 4. The City Council does declare and determine that:
David W. Sloan was elected as Member of the City Council from
Councilmanic District Two for the full term of four years;
Resolution Number 5825
Garv A. Miller was elected as Member of the City Council from
Councilmanic District Four for the full term of four years;
Linda Devine was elected as City Clerk for the full term of four
years;
That as a result of the election, a majority of the voters voting on Measure "Z"
relating Ordinance Number 1573 did vote in favor of it, and that the measure was
carried, and shall be deemed adopted and ratified.
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
ballots cast in the City; (2) The names of the persons voted for; (3) The
measure(s) 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(s); (6) The total number of votes given to each person, and for and
against each measure.
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.
PASSED, APPROVED AND ADOPTED by the City Council of Seal
Beach, at a meeting hereof held on the 8th day of December , 2008 by the
following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
ATTEST:
City Clerk
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5825 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 8th day
of December , 2008
City Clerk
ORDINANCE NUMBER ~ S7S
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE SEAL BEACH MUNICIPAL CODE TO LIMIT THE HEIGHT
OF RESIDENTIAL DEVELOPMENT IN THE OLD TOWN AREA
TO A MAXIMUM OF 25 FEET
THE PEOPLE OF THE CITY OF SEAL BEACH DO ORDAIN AS FOLLOWS:
Section 1. Height Limit. The height of residences within the area of Old
Town described in Section 3 ("Old Town Area") shall not exceed a maximum of
25 feet.
Section 2. Conforming Amendments. The Municipal Code is hereby
amended to replace any height limits in excess of 25 feet for residences within
the Old Town Area with a maximum height of 25 feet.
Section 3. Old Town Area. For the purposes of this Ordinance, the
term "Old Town Area" shall mean that area of the City north of the centerline of
Ocean Avenue, east of First Street, south of Marina Drive and Pacific Coast
Highway, west of Seal Beach Boulevard, and that area south of Ocean between
Electric Avenue and Tenth Street, as shown on the map attached as Exhibit "1 ".
Section 4. Execution. The Mayor is hereby authorized to attest to the
adoption of this Ordinance by signing where indicated below.
I hereby certify that the foregoing ordinance was PASSED, APPROVED
and ADOPTED by the people of the City of Seal Beach voting on the 4th day
of November , 2008.
Charles J. Antos, Mayor
Attest:
Linda Devine, City Clerk
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DEC-02-2008 14 04 REG]STRRR OF UOTERS
714 567 7556 P.03
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
I, Neal Kelley, Registrar of Voters of Orange County, do hereby certify the
following to be a full, true and correct Statement of the Vote of the election listed
below, consolidated with the General Election held on November 4, 2008.
CITY OF SEAL BEACH
MEMBER OF THE CITY COUNCIL
DISTRICT 2
DAVID W. SLOAN 2,098
MELVIN DAKROOB 381
PRECINCT BALLOTS CAST: 1,302
VOTE-BY-MAIL BALLOTS CAST: 1,869
TOTAL BALLOTS CAST: 3,171
DISTRICT 4
GARY A. MILLER 2,088
JAMES M. DERRY 840
PRECINCT BALLOTS CAST: 1,689
VOTE-BY-MAIL BALLOTS CAST: 1,604
TOTAL BALLOTS CAST: 3,293
CITY CLERK
LINDA DEVINE 11,568
PRECINCT BALLOTS CAST• 7,115
VOTE-BY-MAIL BALLOTS CAST: 8,244
TOTAL BALLOTS CAST: 15,359
MEASURE Z
YES 10,441
NO 3,976
PRECINCT BALLOTS CAST• 7,115
VOTE-BY-MAIL BALLOTS CAST: 8,244
TOTAL BALLOTS CAST: 15,359
I hereby certify that the number of votes cast for each candidate and
measure is as set forth above and appears in the Cert~ed Statement of the Vote.
WITNESS my hand and Official Seal this 1S' day of December, 2008.
~~/
NEAL KE E
Registrar oters
Orange my
TOTAL P.03
DEC-02-2008 14 04 REGISTRAR OF VOTERS 714 567 7556 P. 02
CERTIFIED STATEMENT OF THE VOTES CAST
at the
GENERAL ELECTION
November 4, 2008
in the
County of Orange, State of California
FILED , 2008
DEBRA BOWEN, SECRETARY OF STATE
BY DEPUTY
State of California)
ss
County of Orange)
1, Neal Kelley, Registrar of Voters of Orange County, do
hereby certify that the within is a free and correct statement of the
votes cast in this county at the General Election, as determined by
the canvass of the returns of said election.
1, further certify the results of the 7 percent manual tally
contained no discrepancies between the machine count and the
manual tally.
WITNESS my hand and Official Seal
THIS ~ DAY OF ~ , 2008
REGISTRAR OF VOTERS