04-07-2020 - AGENDA ITEM 03 CONSIDERATION OF CERTIFICATION OF OFFICIAL ELECTION RESULTS OF THE MARCH 3, 2020 SPECIAL MUNICIPAL ELECTIONAGENDA ITEM NO.3
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: April 7, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF CERTIFICATION OF OFFICIAL ELECTION RESULTS OF THE
MARCH 3, 2020 SPECIAL MUNICIPAL ELECTION
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO.2020-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION
HELD MARCH 3, 2020, DECLARING THE RESULTS AND SUCH OTHER MATTERS
AS PROVIDED BY LAW
BACKGROUND:
On July 11, 2019, proponent Glenn Kennedy filed with the City Clerk's Office a Notice of Intent to Circulate a
Petition for an initiative ordinance imposing a three-quarter percent (0.75%) general transactions and use tax. The
City Attorney prepared a title and summary for the petition and the proponent published information, as required by
law, regarding the petition.
On October 7, 2019, the proponent submitted the signed petition to the City Clerk's Office. To be sufficient, the
petition must have 5,573 valid signatures, which is 10% of the number of registered voters in the City according to
the last report of registration by the County elections official to the Secretary of State. On October 9, 2019, the
Assistant City Clerk, who serves as the City's Elections Official, determined that the number of signatures, prima
facie, exceeded the number of signatures required, and accepted the Initiative for filing. On the same day, the
Assistant City Clerk submitted the Initiative to the Los Angeles County Registrar-Recorder/County Clerk for
signature verification. On October 28, 2019, the Los Angeles County Registrar-Recorder/County Clerk provided the
results of the signature verification to the Assistant City Clerk. The County determined that 6,631 of 7,617
signatures submitted were sufficient. Based upon the County's signature verification, the Assistant City Clerk has
determined that the initiative is sufficient to be certified to the City Council.
On December 3, 2019, the City Council adopted the following resolutions:
• Resolution No. 2019-94, accepting the Assistant City Clerk's certification of the sufficiency of the petition
proposing a sales tax ordinance.
• Resolution 2019-95, calling for and giving notice of the holding of a special municipal election to be held on
March 3, 2020.
• Resolution 2019-96, requesting the Board of Supervisors of the County of Los Angeles to consolidate
the special municipal election.
. Resolution 2019-97, directing the City Attorney to prepare an impartial analysis and setting deadlines for the
submission of arguments and rebuttals in connection with the election.
DISCUSSION:
On March,3, 2020, a Special Municipal Election was held for the purpose of submitting to the voters an ordinance
to establish a general transaction (sales) tax and use tax in the amount of three-quarters of a percent (0.75%). The
Los Angeles County Election Department conducted the election on behalf of the City and is authorized to canvass
the returns of the Special Municipal Election. The County Election Department has completed an official canvass
and has verified that all ballots have been counted and accounted for. The Registrar-Recorder/County Clerk has
certified the results and has submitted a Certificate of Canvass and Final Official Statement of Votes Cast. The
results were provided by the County to the City on March 31, 2020 and are attached d as "Exhibit A" to the attached
resolution. The canvass of this election verifies that the number of registered voters in West Covina for this election
was 58,110 and a total of 21,710 voters cast ballots, which results in a 37.36% turnout. Because the measure
required a majority approval to pass, the measure did not pass.
The City Council is required by state law to adopt a resolution reciting the fact of the election and other matters
outlined in Elections Code section 10264.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the resolution as to form.
OPTIONS:
The City Council has the following options:
1. Adopt the resolution.
Prepared by: Lisa Sherrick, Assistant City Clerk
Attachments
Attachment No. 1 - Resolution No. 2020-24
CITY COUNCIL GOALS & OBJECTIVES: Respond to the Global COVID-19 Pandemic
RESOLUTION NO.2020-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL
ELECTION HELD ON MARCH 3, 2020, DECLARING THE RESULTS AND
SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a Special Municipal Election was held and conducted in the City of West
Covina, California, on Tuesday, March 3, 2020 as required by law; and
WHEREAS, the City Council submitted one ballot measure to the voters pursuant to
Resolution No. 2019-95; and
WHEREAS, notice of the election was given in time, form and manner as provided by
law; voting precincts were properly established; election officers were appointed; and 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
California Elections Code for holding elections in general law cities; and
WHEREAS, the County Election Department, which conducted the election on behalf of
the City, canvassed the returns of the election and has certified the results to the City. The results
are received and are attached hereto as Exhibit "A" and incorporated herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The whole number of ballots cast in the City of West Covina was 21,710.
SECTION 2. The measure voted on at the Special Municipal Election was:
"WC - Shall the ordinance establishing a three-quarter percent (0.75%) local sales tax
(transactions and use tax) that will raise approximately $9.7 million annually for the
City's general fund until ended by voters and establishing an Oversight Committee, be
adopted?"
SECTION 3. The number of votes given at each precinct for and against Measure WC is
set forth in Exhibit "A."
SECTION 4. The number of votes given in the City for and against Measure WC is set
forth in Exhibit "A."
SECTION 5. The City Council declares that Measure WC did not meet the majority
approval requirement. Therefore, Measure WC failed.
SECTION 6. The City Clerk shall enter on the records of the City Council a statement
of the result of the election, 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 for and against the measure;
(4) the total number of votes given for and against the measure.
SECTION 7. 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 on this 7s' day of April 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2020-24 was duly adopted by the
City Council of the City of West Covina, California, at a special meeting thereof held on the 7th
day of April, 2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
EXHIBIT A
ELECTION RESULTS
EXHIBIT A
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