The URL can be used to link to this page

Home My WebLink About2023/12/05 Post Agenda Packet-Election Results v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE City Election: Recite the Fact of the Special Municipal Election Held on November 7, 2023, Declare the Results, and Other Matters as Provided by Law Report Number: 23-0293 Location: No specific geographic location Department: City Clerk G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution reciting the fact of the Special Municipal Election to fill the vacancy for the Office of the City Attorney held on November 7, 2023, declaring the results, and other related matters. SUMMARY The Registrar of Voters has transmitted the certified results of the Special Municipal Election held on November 7, 2023. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the election results to the City Council, which shall adopt a resolution reciting the fact of the election. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 94 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 DISCUSSION The Special Municipal Election was held on Tuesday, November 7, 2023, to fill the Office of the City Attorney vacancy, for a term ending in December 2026, which will commence upon taking the oath of office. Certified results of the election are attached as Exhibit 1. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Cou ncil, which shall adopt a resolution reciting the fact of the election. The total number of votes received by each candidate is listed below. The candidates who received the highest and second-highest number of votes and who will participate in the Special Runoff Election in March 2024 are listed in bold. FOR CITY ATTORNEY (term ending in December 2026) MARCO VERDUGO 9,733 VOTES (39.02%) BART MIESFELD 9,430 VOTES (37.80%) DAN SMITH DIAZ 5,783 VOTES (23.18%) The City Council called the special runoff election for March 5, 2024 at the meeting held on October 17, 2023. Resolutions 2023-159 and 2023-160 call the election and adopt candidate statement regulations. No further City Council action is necessary to hold the runoff election. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Councilmembers do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.) Staff is not independently aware, and has not been informed by any City Councilmember, or any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact associated with this item. The special citywide runoff election for the City Attorney, which was previously approved by City Council, is estimated to cost $280,000, based on an estimate from the Registrar of Voters. Between funds budgeted as part of the Fiscal Year 2023-24 annual budget process and anticipated savings from the November 2023 special election, the existing budgeted funds will be sufficient to cover the special runoff election. ONGOING FISCAL IMPACT There are no ongoing costs associated with declaring the election results. ATTACHMENTS Exhibit 1 - Certified Results of the November 7, 2023 election Staff Contacts: Cristina Hernandez, CMC, Deputy Director of City Clerk Services Kerry K. Bigelow, MMC, City Clerk Page 95 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THIS CITY ON NOVEMBER 7, 2023, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW WHEREAS, a special municipal election was held and conducted in the City of Chula Vista, California, on Tuesday, November 7, 2023, as required by law, for the purpose of electing a City Attorney for a short term ending in December 2026; and WHEREAS, notice of the election was given in the time, form, and manner as provided by law; 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 the 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 the City’s Charter; and WHEREAS, pursuant to Resolution No. 2022-286, adopted on December 20, 2022, the Registrar of Voters canvassed the returns of the election and has certified the results. The results are received and made a part hereof, attached as Exhibit 1. NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED, AND ORDERED by the City Council of the City of Chula Vista, that: SECTION 1. The whole number of votes cast in the vote centers except vote-by-mail voter ballots was 750. That the whole number of vote-by-mail voter ballots cast in the City was 24,286 making a total of 25,036 votes cast in the City. SECTION 2. That the names of the persons voted for at the election for City Attorney are as follows: MARCO VERDUGO 9,733 (39.02%) BART MIESFELD 9,430 (37.80%) DAN SMITH DIAZ 5,783 (23.18%) The City Council does hereby declare that pursuant to Chula Vista Charter sections 503 and 303(C), Marco Verdugo and Bart Miesfeld will be the candidates in the special run-off election for City Attorney on March 5, 2024. Page 96 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Resolution No. Page 2 SECTION 3. The number of votes given at each precinct and the number of votes given in the city to each of the persons named above for the office for which they were candidates are listed in Exhibit 1, attached to this Resolution, and incorporated by this reference. SECTION 4. The City Clerk shall enter on the records of the City Council of the City of Chula Vista a statement of the results of the election, showing: (1) The whole number of votes cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes at each vote center to each person; (5) The total number of votes given to each person. SECTION 5. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of the original resolutions. Presented by Approved as to form by Kerry K. Bigelow, MMC Jill D.S. Maland City Clerk Lounsbery Ferguson Altona & Peak Acting City Attorney Page 97 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 98 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda MEMBER, BOARD OF SUPERVISORS DISTRICT NO. 4 MONICA MONTGOMERY STEPPE 60,383 61.58% AMY REICHERT 37,681 38.42% Total 98,064 CITY OF CHULA VISTA CITY ATTORNEY MARCO VERDUGO 9,733 39.02% BART MIESFELD 9,430 37.80% DAN SMITH DIAZ 5,783 23.18% Total 24,946 FALLBROOK PUBLIC UTILITY DISTRICT DETACHMENT ±MEASURE A YES 5,610 94.32% NO 338 5.68% Total 5,948 RAINBOW MUNICIPAL WATER DISTRICT DETACHMENT ±MEASURE B YES 6,034 94.87% NO 326 5.13% Total 6,360 Registered Voters Turnout Total Registration and Turnout 596,002 135,566 Mail 131,829 Vote Centers 3,737 Printed: Tuesday, November 28, 2023 9:29 AM Page 1 of 1 Special Election County of San Diego November 7, 2023 Official Results Exhibit 1 to Resolution Page 2 of 3Page 99 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 1 CITY OF CHULA VISTA CITY ATTORNEY 1 1 1 Registered VotersVoters CastTurnout (%)BART MIESFELDMARCO VERDUGODAN SMITH DIAZCounty of San Diego Vote Centers 167145 750 0.45 %230 244 269 County of San Diego Mail 167145 24286 14.53 %9200 9489 5514 County of San Diego Total 167145 25036 14.98 %9430 9733 5783 2021 1ST SUPERVISORIAL DIST Vote Centers 167145 750 0.45 %230 244 269 2021 1ST SUPERVISORIAL DIST Mail 167145 24286 14.53 %9200 9489 5514 2021 1ST SUPERVISORIAL DIST Total 167145 25036 14.98 %9430 9733 5783 CHULA VISTA 525000-539500 Vote Centers 167145 750 0.45 %230 244 269 CHULA VISTA 525000-539500 Mail 167145 24286 14.53 %9200 9489 5514 CHULA VISTA 525000-539500 Total 167145 25036 14.98 %9430 9733 5783 2021 CHULA VISTA - 1ST CC Vote Centers 44746 214 0.48 %64 63 83 2021 CHULA VISTA - 1ST CC Mail 44746 7548 16.87 %3107 2605 1816 2021 CHULA VISTA - 1ST CC Total 44746 7762 17.35 %3171 2668 1899 2021 CHULA VISTA - 2ND CC Vote Centers 39872 221 0.55 %67 67 85 2021 CHULA VISTA - 2ND CC Mail 39872 6632 16.63 %2598 2663 1342 2021 CHULA VISTA - 2ND CC Total 39872 6853 17.19 %2665 2730 1427 2021 CHULA VISTA - 3RD CC Vote Centers 42136 136 0.32 %42 48 46 2021 CHULA VISTA - 3RD CC Mail 42136 5048 11.98 %1846 1958 1224 2021 CHULA VISTA - 3RD CC Total 42136 5184 12.30 %1888 2006 1270 2021 CHULA VISTA - 4TH CC Vote Centers 40391 179 0.44 %57 66 55 2021 CHULA VISTA - 4TH CC Mail 40391 5058 12.52 %1649 2263 1132 2021 CHULA VISTA - 4TH CC Total 40391 5237 12. 97 %1706 2329 1187 Unincorporated - MUNI WATER DIST - OVERALL Vote Centers 167145 750 0. 45 %230 244 269 Unincorporated - MUNI WATER DIST - OVERALL Mail 167145 24286 14. 53 %9200 9489 5514 Unincorporated - MUNI WATER DIST - OVERALL Total 167145 25036 14.98 % 9430 9733 5783 Unincorporated - PUBLIC UTILITY DISTRICTS Vote Centers 167145 750 0.45 % 230 244 269 Unincorporated - PUBLIC UTILITY DISTRICTS Mail 167145 24286 14.53 % 9200 9489 5514 Unincorporated - PUBLIC UTILITY DISTRICTS Total 167145 25036 14.98 %9430 9733 5783 Printed: Tuesday, November 28, 20231:44 PM Page 2 of 4Data Refreshed: Tuesday, November 28, 2023 1:44 PM County of San Diego Special Election District Total Canvass - San Diego County Portion Only Election Date: November 7, 2023 ExhibitPage 100 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda