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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Rachel G. Clark, C.M.C.
City Clerk
Subiect: Resolution Caning A Special
Election In The Third Ward Cor February
2,1999 To Fill The Vacant Council Seat In
Said Ward And Establishing the
Nomination Period as November 5, 1998 to
November 30, 1998
Department: City Clerk
Date: October 26, 1998
Synopsis oCPrevious Council Action:
None.
Recommended Motion:
That said resolution be adopted.
Q~_ /;J. ~
'- Signature
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Contact person: Rachel G. Clark. City Clerk
Supporting Data Attached: Yes
FUNDING REQUIREMENTS: Amount:
Phone: extension 5002
Ward: Third
Estimated $24.000 (unbudgeted)
Source: (Account No.) 001-032-5502
Account DescriDtion): Elections CProf./Contractual Svcs.)
Finance: Recommended source of funding will be Dresented
at mid-Year.
Council Notes:
Agenda Item No. 10
I,I2./Q<1
STAFF REPORT
TO:
FROM:
DATE:
RE:
Honorable Mayor and Members of the Common Council
Rachel G. Clark, City Clerk
October 26, 1998
Resolution of the Mayor and Common Council of the City of San Bernardino
Calling A Special Election In The Third Ward of the City for February 2, 1999 To
Fill The Vacant Council Seat In Said Ward And Establishing The Nomination
Period as November 5,1998 to November 30,1998.
Background Information:
In a letter dated October 16, 1998 to the Honorable Judith Valles, Rita C. Arias submitted her
resignation as a member of the City Council representing the Third Ward of the City of San
Bernardino. Her resignation was effective October 19, 1998.
Section 14-A of the City Charter provides that a vacancy in the Common Council, from whatever
cause arising, shall be filled for the unexpired term thereof through the election of a successor
Councilman by the qualified electors of the ward in which the vacancy has occurred. Mrs. Arias'
Term would have expired on March 6, 2000.
The City Charter further states that said election shall be held at the time established by the Mayor
and Common Council and shall be conducted in the manner provided by general law; provided that
the Mayor and Common Council shall have the power by ordinance to provide for the manner of
holding such election and such ordinance shall prevail over the general law.
San Bernardino Municipal Code Section 2.56.170 provides the process for the calling of a special
election and specifies that if a special election is held to fill a vacancy on the Council it shall be
called prior to an anticipated vacancy or within thirty (30) days after such vacancy. In such cases,
the election shall be held not less than ninety (90) nor more than one hundred thirty-five (135)
days following such vacancy. The candidate receiving the plurality of votes cast shall be elected
to fill the vacancy.
The 90-135 day window when a special election can take place falls between January 17, 1999 and
March 3, 1999; and, we considered seven possible dates when the election could be held.
Elections Code Section 1100 prohibits elections from being held on the day before, the day of, or
the day after, a state holiday. Of the seven possible dates available during the 90-135 day period,
two dates are automatically eliminated because they fall after holidays (January 19 and February
16).
Cognizant of the need to provide citizens with direct representation and fill the vacancy at the
earliest opportunity, I am recommending that the special election in the Third Ward be called for
2
Tuesday, February 2, 1999 and that pursuant to SBMC 2.56.070, the nomination period be
established as November 5, 1998 to noon on November 30, 1998. The closing day of the
nomination period falls on a legal holiday (Thanksgiving Day) and the following day is also
observed as a holiday; therefore, the deadline for filing nomination papers is being extended to
noon on Monday, November 30, 1998. Nomination papers will be issued by the City Clerk.
A companion item to this Resolution, and the next item on your agenda, is a Resolution requesting
that the County Registrar of Voters render services related to the special election.
Recommended Motion:
That said resolution be adopted.
!J.~
Rac I G. Clark, C.M.C.
City Clerk
Agenda Item No.
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~(Q)~W
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CALLING A SPECIAL ELECTION IN THE THIRe WARD OF THE
CITY FOR FEBRUARY 2, 1999 TO FILL THE VACANT COUNCIL SEAT IN
SAID WARD AND ESTABLISHING THE NOMINATION PERIOD AS NOVEMBER 5,
1998 TO NOVEMBER 30, 1998.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. A vacancy now exists on the Common Council of the City
of San Bernardino for the Third Ward of the City.
B. The Charter of the City requires that such vacancy be
filled by election.
C. San Bernardino Municipal Code Section 2.56.170 sets
forth the procedure for special elections to be held in the
City.
D. It is desirable that a special election to fill the
vacant seat be held at the earliest opportunity so that the
citizens of the Third Ward not be left without direct
representation on the Council for any extended length of time.
SECTION 2. Special Municipal Election Called. A special
municipal election is hereby called and will be held solely
within the Third Ward of the City of San Bernardino on Tuesday,
February 2, 1999, for the purpose of electing a Council Member
from the Third Ward.
SECTION 3. Nomination Period. The nomination period for
said election shall be from November 5, 1998 to NOvember 30,
1998.
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RESOLUTION CALLING SPECIAL ELECTION IN THIRD WARD FOR FEBRUARY
2, 1999 AND ESTABLISHING NOMINATION PERIOD AS NOVEMBER 5, 1998
TO NOVEMBER 30, 1998.
SECTION 4. Conduct of Election. Pursuant'te Resolution
No. 98-
, election to be conducted by the Registrar of
5 Voters Office in coordination with the City Clerk of the City
6 of San Bernardino.
SECTION 5. Candidate Receivina Hiahest Number of Votes to
be Elected.
As provided by San Bernardino Municipal Code
Section 2.56.170 and subject to the provisions of San
Bernardino Municipal Code Section 2.56.175, the candidate
receiving the highest number of votes at the Special Election
and qualifying for the position, shall be elected to the
office.
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RESOLUTION CALLING SPECIAL ELECTION IN THIRD WARD FOR FEBRUARY
2, 1999 AND ESTABLISHING NOMINATION PERIOD AS NOVEMBER 5, 1998
TO NOVEMBER 30, 1998.
I HEREBY CERTIFY that the foregoing resolutbon was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1998, by the following vote, to
wit:
COUNCIL MEMBERS
AYES
NAYS
ABSENT
ABSTAIN
ESTRADA
LIEN
VACANT
SCHNETZ
DEVLIN
ANDERSON
MILLER
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
, 1998.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
/J
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3
C I T Y 0 F-
San Bernardino
RACHEL
C L ARK
C I T Y C l E R K
November 6, 1998
Earlene Sproat, Clerk of the Board of Supervisors
County of San Bernardino
Board of Supervisors
385 North Arrowhead Avenue
San Bernardino, CA 92415
Dear Ms. Sproat:
At the Mayor and Common Council meeting of November 2, 1998 the following
resolutions were adopted:
Res 98-308 - Requesting that the Board of Supervisors permit the Registrar of
Voters to render services to the City of San Bernardino relating to a Special
Municipal Election to be held on February 2,1999.
Res 98-312 - Calling a Special Election in the 3rd Ward of the City for February
2, 1999 to fill the vacant council seat in said Ward and establishing the
nomination period as November 5, 1998 to November 30, 1998.
Attached are certified copies of these resolutions for your files.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Sincerely,
Rachel Clark
City Clerk
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By: Melanie Miller, Senior Secretary
mam
Enclosure
P. O. BOlC t31', SAN BERNARDINO. CA .2402
300 NORTH 0 STREET. SAN BERNARDINO.
CALIFORNIA 92418.0001 1'0')3'4-1002
(10')3'4-5102 FAX.(.0.)3.4.'11.
TDD/TTY -('01)3'4-5540
CrTY O~
San Bernardino
RACHEL
CLARK
CITY CLERK
November 6, 1998
Ingrid Gonzales
Registrar of Voters
County of San Bernardino
777 East Rialto Avenue
San Bernardino, CA 92408
Dear Ms. Gonzales:
At the Mayor and Common Council meeting of November 2, 1998 the following
resolutions were adopted:
Res 98-308 - Requesting that the Board of Supervisors permit the Registrar of
Voters to render services to the City of San Bernardino relating to a Special
Municipal Election to be held on February 2, 1999.
Res 98-312 - Calling a Special Election in the 3rd Ward of the City for February
2, 1999 to fill the vacant council seat in said Ward and establishing the
nomination period as November 5, 1998 to November 30, 1998.
Attached are certified copies of these resolutions for your files.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Sincerely,
Rachel Clark
City Clerk
~c '~'r/c,' /ff'c//
By: Melanie Miller, Senior Secretary
mam
Enclosure
P. O. 80X 1318, SAN IERN"RDINO, CA 1.402
300 NORTH 0 STREET. SAN BERNARDINO.
CALIFORNIA 92418.QOOI ('o')a...~sooz
(.01.31".5102 FAX-,10.)3...11.1
TDDfYTY -CIO')3'4-5540
.. FOR OmCE USE ONLY - NOT A PUBLIC DOCUMENT ..
. RESOLlITION AGENDA ITEM TRACKING FORM
Meeting Dale(Dale Adollled): 'iI / ()2: /98It~m" It? Resolution" 9J'" -Jl /"2..
Vote: Ayes: V ~,"t 5.~: 7 Nays: -t9- Abstain:~ Absent:b2-
Cbange to motion to amend original docs:
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.-\ttacnments:
Contract Term:
/IT)
Resolution" On Attactunents:
Contract Expiration Date:
Dale Sent to Mayor: 11/ 03/98
Dale of Mayor's Signarure: /1 /" '( /98
------
Reso Log Updated:
Dale Returned l'rom Mayor:
Date of Clerk's Signarure:
Seal Impressed: ~.
J/ / Or /98
/1 / 6<:;"'/98
Dale Memo Senno Department for Signature:
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See Attached:
Dale Received Back:
Dale Letter Sent to Outside Party for Signature:
60 Day Reminder Letter Sent OD 30tb day:
90 day Reminder Letter Sent on 45tb day:
_ day Reminder Letter Sent:
See Attached: Dale Received Back:
See Attached:
See Attached:
See Attached:
Note With/On Reso of Attachment 3t5fea .K.t--.ulb..1l'
-
Direct City Clerk-PUBLISH. POST, RECQRD Ul COmfTY (.;'.1_ I) 64...
.:see A.L~UC:U.
Request for Council Action & Staff Repolt Attached:
Gpdated Prior Resolutions (Other Than Below):
Gpdated CITY Penonnel Folders (6~l3. 6429. 6433, 10584. 1263~):
Updated CDC Penonnel Folders (5557):
Updated Traffic Folders (3985, 8234. 655):
Y ........- No_ By
es_ ......-
Yes_ No "--' By mam
Yes_ ...- By
No_ mam
Yes_ No-=:::::::- By m;ilm
Yes No --=::::-Ily mam
Date lI/d3 $
Date /1 / b(J, /9E
Date /1/ t7(,/98
Date II /t><" 19
Date II / t>(,./tfy
,
Copies Distributed To: City Attornev & Otbers:
/7tN:rA~ 5~/~~
By: mam Dale:
I<tJt/
;1 I
,1 V98
Othe-
BEFORE mING REVIEW FORM TO ENSURE ANY NOTATIONS MADE RF.1IF. ARE TRANSFERRED TO THE
YEARLY RESOLlITION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Tenn. etc.)
Ready to File:
1II;It...
Dale: If / O~ /9 f
Last Uodated: 10/09/1998