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Resolution 145145 I 4 CITY OF ALAMEDA RESOLUTION NO. • DECLARING CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 2, 2010 WHEREAS, a consolidated General Municipal Election, under and pursuant to the provisions of Article XIX of the Charter of said City, was held for the purpose of electing officers to the Office of Mayor and Office of Councilmernber, and for the purpose of submitting to the qualified electors of the City of Alameda certain proposals, as set forth hereafter: One (1) Mayor of said City for a full term, commencing at 8:00 o'clock p.m. on the third Tuesday in December, 2010 and continuing for four (4) years thereafter and until a successor is elected and qualified. Two (2) Councilmembers on the Council of said City for full terms, each term commencing at 8:00 o'clock p.m. on the third Tuesday in December, 2010 and continuing for four (4) years thereafter and until a successor is elected and qualified. WHEREAS, Alameda City Charter Section 2-7(A) requires that vacancies caused by the election of a Councilmember to the Office of Mayor shall be filled by the candidate not elected for a contested Council seat who received the highest number of votes, provided said candidate received votes from at least 10 percent (10%) of the total number of voters. WHEREAS, nominating petitions were duly and regularly presented to, and filed in the Office of the City Clerk of the City of Alameda, in the time, form and manner prescribed by law, nominating for said offices FOR THE OFFICE OF CITY MAYOR: Kenneth Kahn Marie Gilmore Frank Matarrese Doug deHaan Tony Daysog FOR THE OFFICE OF COUNCILMEMBER: Lena Tam Adam Gillitt Rob Bonta Marilyn Ezzy Ashcraft Beverly J. Johnson Tracy Jensen Jean Sweeney Jeff Mitchell WHEREAS, said nominations were entered in a list, with the offices to be filled, which list was certified to and filed in the time form and manner prescribed by law, whereupon a notice of nominees for public office containing a statement of the time of the election, the offices to be filled, and the names of the candidates to be voted on, was duly and regularly issued more than seven (7) days before said election in the official newspaper of said City; and WHEREAS, there were 48 election precincts within the City of Alameda fixed and designated; and WHEREAS, all of the ballots used for said election were prepared, as to form and content, as prescribed by law, and a sample ballot was mailed to each voter of the City of Alameda within the time and in the manner provided by law and such mailing was completed at least ten (10) days preceding the date of said election; and WHEREAS, the officers of election for said election were duly appointed and qualified, and all election supplies furnished and election booths provided for each precinct as provided by law; and WHEREAS, the Council of the City of Alameda, twenty -eight (28) days following said election has met and fully canvassed the returns of the votes cast at said Consolidated General Municipal Election as required by law, and being fully advised in the premises, and having the returns of said canvass before it; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND DECLARED BY THE COUNCIL OF THE CITY OF ALAMEDA and said Council finds, as follows: (1) That said Consolidated General Municipal Election was held and conducted, and the votes cast thereat received and canvassed, and the returns thereof ascertained, determined and declared in all respects and particulars in the time, form and manner provided by law. (2) That the whole number of ballots cast in the •City of Alameda at said ni©r +inn Al rne 9P A.FY L... 1 %.r t, L I ,1 1 1 Y Y L.A V (3) That the total number of votes cast in the City of Alameda at said election for each of the aforementioned candidates for the Office of Mayor of said City was as follows: Kenneth Kahn 882 Marie Gilmore 9,298 Frank Matarrese 6,074 Doug deHaan 5,870 Tony Daysog 2,977 NOW, THEREFORE, BE IT FURTHER RESOLVED, DETERMINED AND DECLARED that the aforesaid Marie Gilmore, having received the highest number of votes cast for the Office of . Mayor, was and is hereby declared to be, duly and regularly elected to the Office of Mayor of the City of Alameda, for a term beginning at 8:00 o'clock p.m., on the third Tuesday in December, 2010, and continuing for four (4) years thereafter and until a successor is elected and qualified. (4) That the total number of votes cast in the City of Alameda at said election for each of the aforementioned candidates for the office of Councilmember of said City was as follows Lena Tam Adam Gillitt Rob Bonta Marilyn Ezzy As h craft Beverly J. Johnson Tracy Jensen Jean Sweeney Jeff Mitchell 7,748 2,291 9,164 5,560 7, 682 3,211 7.018 1, 879 NOW, THEREFORE, BE IT FURTHER RESOLVED, DETERMINED AND DECLARED that the aforesaid Rob Bonta and Lena Tam, having received the two highest number of votes cast for the Office of Councilmember, were, and are hereby declared to be, duly and regularly elected to the Office of Counciimember of the City of Alameda, for a term beginning at 8 :00 o'clock p.m., on the third Tuesday in December, 2010, and continuing for four (4) years thereafter and until a successor is elected and qualified, and NOW, THEREFORE, BE IT FURTHER RESOLVED, DETERMINED AND DECLARED that the aforesaid Beverly J. Johnson having received the third highest number of votes cast for the Office of Councilmember from at least 10 percent (10 %) of the total number of voters, was and is hereby declared to fill the Office of Councilmember vacancy caused by the election of a Marie Gilmore to the Office of Mayor, for a term beginning at 8:00 o'clock p.m., on the third Tuesday in December, 2010, and continuing for two (2) years thereafter and until a successor is elected and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 7th day of December, 2010, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of December, 2010. Lara Weisiger, CCIerk City of Alameda