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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney
Subject:
Resolution of the Mayor and Common Council of
The City of San Bernardino Accepting the Resignation
ofThird Ward Council Member, Gordon McGinnis;
Calling of a Special Election in the Third Ward of
The City for November 7,2006 to Fill the Vacant
Seat in Said Ward, and Requesting that the City of
San Bernardino's Special Municipal Election Be
Consolidated with the November 7,2006 Statewide
General Election conducted by the County of San
Bernardino; and Other Related Matters.
Dept: City Attorney's Office
Date: July 7, 2006
Synopsis of Previous Council Action: N/A
Recommended motion:
1. That the Mayor and Common Council accept the Resignation of Gordon McGinnis
as Council Member of the Third Ward.
2. Adopt the Resolution.
Contact person:
James F. Penman
Phone: 384-5355
Supporting data attached:
N/A
Ward(s):
FUNDING REQUIREMENTS:
Amount:
N/A
Source: N/A
Finance:
Council Notes: 'R~SD . J..DD6-:L '0 1
75-0262
7/16/ DfD
Agenda Item No. /0
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF THIRD WARD COUNCIL
3 MEMBER, GORDON MCGINNIS; CALLING OF A SPECIAL ELECTION IN THE
THIRD WARD OF THE CITY FOR NOVEMBER 7,2006 TO FILL THE VACANT
4 COUNCIL SEAT IN SAID WARD, AND REQUESTING THAT THE CITY OF SAN
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE
5 NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION CONDUCTED BY THE
COUNTY OF SAN BERNARDINO; AND OTHER RELATED MATTERS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. WHEREAS. Gordon McGinnis, Council Member of the Third Ward of the City
of San Bernardino, has submitted his resignation from such position effective July 28, 2006.
B. WHEREAS, Section 14-A of the City Charter requires that the unexpired term of
a Council Member shall be filled through the election of a successor by the qualified electors of
the Ward in which the vacancy has occurred.
C. WHEREAS, section 2.56.170 of the San Bernardino Municipal Code sets forth the
procedure for special elections held in the City.
D. WHEREAS, it is desirable that the special municipal election to fill the vacant seat
created by the resignation of Council Member McGinnis be consolidated with the statewide
general election to be held on November 7,2006.
SECTION 2. Acceptinl! The Resil!nation. That the resignation of Third Ward Council
Member, Gordon McGinnis is accepted effective July 28, 2006.
SECTION 3. Svecial Municival Election Called. A special municipal election is hereby
called and will be held in the City of San Bernardino on Tuesday, November 7, 2006, to be held
solely within the Third Ward for the purpose of electing a Council Member from the Third Ward.
SECTION 4. Nomination Period. The nomination period for the special municipal
election shall be from July 17,2006 to August 11, 2006.
SECTION 5. Notice of Election and Candidates Statement. The City Clerk shall cause
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to be published the notice of election as required by Section 12101 of the Elections Code.
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I
DHC/js [Election Documents\Third Ward Special Election.Resolution]
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF THIRD WARD
2 COUNCILMAN GORDON MCGINNIS; CALLING OF A SPECIAL ELECTION IN THE
THIRD WARD OF THE CITY FOR NOVEMBER 7,2006 TO FILL THE VACANT
3 COUNCIL SEAT IN SAID WARD, AND REQUESTING THAT THE CITY OF SAN
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE
4 NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION CONDUCTED BY THE
COUNTY OF SAN BERNARDINO; AND OTHER RELATED MATTERS.
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Candidate statements shall be filed as required by Section 13307 of the
Elections Code, and
candidates shall pay such fees established by the County of San Bernardino for the purposes set
forth in said election.
SECTION 6. ReQuest for Consolidation of Elections. Pursuant to Section 10400 of the
California Elections Code, the Mayor and Common Council of the City of San Bernardino request
that the Board of Supervisors of the County of San Bernardino consolidate the City's special
municipal election with the statewide general election to be held on Tuesday, November 7, 2006.
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The polls for said election shall be open at 7:00 a.m. of the day of said election and shall
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remain open continuously from said time until 8:00 p.m. of the same day when said polls shall
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be closed, except as provided in Section 14401 of the California Elections Code.
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SECTION 7. Canvass of Returns. The Registrar of Voters of the County of San
Bernardino is hereby authorized to canvass the returns of the special municipal election. Results
of the special municipal election shall be certified to the Mayor and Common Council of the City
of San Bernardino.
SECTION 8. Conduct of Election. The special municipal election so called shall be held
in such precincts and at such polling places as shall be determined by the Registrar of Voters of
the County of San Bernardino within the Third Ward of the City. The Board of Supervisors of
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the County of San Bernardino is hereby requested to issue instructions to the Registrar of Voters
to take all steps necessary for the holding of the consolidated election. The Mayor is authorized
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to execute a contract for the services necessary for conducting the special municipal election. The
City of San Bernardino recognizes that additional costs will be incurred by the County by reasons
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of this consolidation and agrees to reimburse the County for such costs.
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III
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DHC/js [Election Documents\Third Ward Special Election.Resolutionl
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF THIRD WARD
2 COUNCILMAN GORDON MCGINNIS; CALLING OF A SPECIAL ELECTION IN THE
THIRD WARD OF THE CITY FOR NOVEMBER 7,2006 TO FILL THE VACANT
3 COUNCIL SEAT IN SAID WARD, AND REQUESTING THAT THE CITY OF SAN
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE
4 NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION CONDUCTED BY THE
COUNTY OF SAN BERNARDINO; AND OTHER RELATED MATTERS.
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SECTION 9. Filinl!: of Resolution. The City Clerk of the City of San Bernardino is
directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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DHC/js [Election Documents\Third Ward Special Elcction.Resolution]
,
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING THE RESIGNATION OF THIRD WARD
2 COUNCILMAN GORDON MCGINNIS; CALLING OF A SPECIAL ELECTION IN THE
THIRD WARD OF THE CITY FOR NOVEMBER 7, 2006 TO FILL THE VACANT
3 COUNCIL SEAT IN SAID WARD, AND REQUESTING THAT THE CITY OF SAN
BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE
4 NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION CONDUCTED BY THE
COUNTY OF SAN BERNARDINO; AND OTHER RELATED MATTERS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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meeting thereof, held
Common Council of the City of San Bernardino at a
, 2006, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
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Rachel G. Clark, City Clerk
,2006.
The foregoing Resolution is hereby approved this _ day of
Patrick J. Morris, Mayor
City of San Bernardino
23 Approved as to Form:
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DHC/js (Election Documents\Third Ward Special Election.Resolution]
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
Staff Report
Council Meeting Date of: July 10, 2006
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the
Resignation of the Third Ward Council Member, Gordon McGinnis; Calling a Special
Election in the Third Ward of the City for November7, 2006, to Fill the Vacant Council Seat
in Said Ward, and Requesting thatthe City of San Bernardino's Special Municipal Election
be Consolidated with the November 7, 2006, Statewide General Election; and Other
Matters.
Backaround:
Gordon McGinnis, Council Member of the Third Ward has submitted his resignation forthat
position effective July 28, 2006. Section 14-A of the City Charter requires that the
unexpired term of the Council Member shall be filled through the election of a successor
by the qualified electors of the Ward in which the vacancy occurred.
The adoption of the Resolution presented to the Mayor and Common Council will call a
Special Election in the Ward to fill the position and complete the unexpired term. In
addition, the Resolution authorizes the election to be consolidated with the statewide
general election to be held on November 7, 2006, and that the Registrar of Voters of the
County of San Bernardino shall conduct the election.
Recommendations:
1. That the Mayor and Common Council accept the Resignation of Gordon
McGinnis as Council Member of the Third Ward effective July 28, 2006.
2. Adopt the Resolution.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Resolution #d 0-0 f) -~ 7
Abstain .--r~ AbsenFD
Item# It)
CQ..-
Change to motion to amend original documents 0
Companion Resolutions
Null/Void After: days I
Resolution # On Attachmen~
PUBLISH 0 POST 0
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date ofClerk/CDC Signature:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Servic'r,
,
Others:
o EDA
o Facilities
~ tLU(lW Finance
o Fire Department
o
Notes:
Reso. Log Updated: ~
Seal Impressed: ~
Reso. # on StaffRepo~
Not Returned: 0
YesL No By_
Yes NoL By_
Yes No-X- By_
Yes Nof By_
Yes No By_
Information Services
o
o
o
o
o
Parks & Recreation
Police Department
Public Services
Water Department
Ready to File: _
Date:
Revised 12/18/03