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Home My WebLink About44- Council Office CITY OF SAN BER .ARDINO - REQUEST OR COUNCIL ACTION From: Councilman Tom Minor, Fifth Ward Subject: Ward Five Council Election Dept: Council Office Date: May 17 , 1993 Synopsis of Previous Council action: Recommended motion: To discuss and set date for election to fill the Ward Five Council seat. Signature Contact person: Councilman Tom Minor Phone: 5278 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: iAcct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No C I T Y OF S A N B E R N A I D I N O INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE DATE: May 24, 1993 TO: Honorable Mayor and Members of the City Council FROM: Rachel Clark, City Clerk SUBJECT: AGENDA ITEM NO. 44 - Ordinance Amending Section 2.56. 170 and adding Section 2.56. 171 to the San Bernardino Municipal Code relating to calling a special election and the date such election shall be held. COPIES: City Administrator Shauna Clark, City Attorney James Penman ---------------------------------------------------------------- BACKGROUND INFORMATION: With the recent election of Fifth Ward Councilman Tom Minor as Mayor, the Fifth Ward Council seat will become vacant on June 7, 1993, when Mayor-elect Minor assumes his office. Prior to 1979, our City Charter provided that in the event of a vacancy on the Council, an appointment could be made to fill an unexpired term; however, as a result of a Charter Amendment approved in 1979, Section 14-A of the Charter provides that an election be held to fill the vacancy. The City Attorney's Office has indicated that the next possible election date would be the first Tuesday after the first Monday in November (November 2) , and such election would have to be consolidated with the County's election. In light of the fact that if we waited until November 2nd, the Fifth Ward would be without representation for over five months, I would like to recommend that the Mayor and Council consider as an alternative, adopting an ordinance which would allow us to call a special election not less than 90 days nor more than 135 days following a vacancy. By adopting such an ordinance, the Council would be able to conduct a special election earlier than November 2nd. I have prepared two proposed plans -- Plan A -- a City conducted election on Tuesday, September 14, 1993 and the second, Plan B-- consolidating with the County and conducting the election on Tuesday, November 2, 1993. R6 Cl �r City Clerk T�y� . L 7""' ' Ali yy PLAN A: CITY-CONDUCTED -- CONVENTIONAL OR ALL MAIL BALLOT ELECTION 90 DAYS+ - TUESDAY. SEPTEMBER 14 , 1993 1. RE: SPECIAL ELECTION FILL UNEXPIRED FIFTH WARD COUNCIL SEAT 2 . WHEN: At least 90 days from vacancy created on June 7, 1993 PROPOSED ELECTION DATE: TUESDAY, SEPTEMBER 14, 1993 3 . NOMINATION PERIOD: (89-68 DAYS) Thursday, June 17 - Thursday, July 8, 1993 4. BALLOTS MAILED: (40-10 DAYS) Thursday, August 5 - Saturday, September 4, 1993 5. REGISTRATION DEADLINE: (29 DAYS) Monday, August 16, 1993 6. ELECTION DAY: TUESDAY, SEPTEMBER 14, 1993 (7 A.M. TO 8 P.M. ) 7. OFFICIAL CANVASS: THURSDAY, SEPTEMBER 16, 1993 8. SWEARING IN/TAKE OFFICE: MONDAY, SEPTEMBER 20, 1993 9 . TERM OF OFFICE: unexpired term of Tom Minor which ends March 4, 1996 10. COMMENTS: If the Council chooses to call for an election prior to the November UDEL election, then my recommendation would be that the City conduct a special election on September 14, whether it is a conventional election or mail election. The newly-elected councilmember would then take office at the regularly-scheduled Council meeting of September 20, 1993 . (PA914) PLAN B: SPECIAL ELECTION CONSOLIDATED WITH COUNTY TUESDAY, NOVEMBER 2 . 1993 1. RE: SPECIAL ELECTION TO FILL UNEXPIRED TERM OF FIFTH WARD COUNCIL SEAT 2 . WHEN: TUESDAY, NOVEMBER 2, 1993 (County's UDEL Election) 3 . NOMINATION PERIOD: (EC 23512 - P 422) Wednesday, July 14, 1993 - August 6, 1993 (Dates provided by ROV - Sharon - 387-2078) 4. BALLOTS MAILED: (EC 23540 - P 428) 40-10 DAYS Thursday, September 23 - Saturday, October 23 , 1993 5. REGISTRATION DEADLINE: (29 DAYS) MONDAY, OCTOBER 4, 1993 6. ELECTION DAY: TUESDAY, NOVEMBER 2, 1993 7 . OFFICIAL CANVASS: (EC 23550-P429) THURSDAY, NOVEMBER 4, 1993 8. SWEARING IN/TAKE OFFICE: MONDAY, NOVEMBER 15, 1993 9. TERM OF OFFICE: unexpired term of Tom Minor which ends March 4, 1996 10. COMMENTS: If the Council chooses to consolidate with the County, then resolution requesting consolidation must be adopted no later than Monday, June 21, 1993 since County deadline is July 5. a. Placement on ballot: First: Schools; Second: Cities; Third: Special Districts b. Cost: Estimated $2, 000 per polling place and cost is shared by participating entities C. Candidates Statements: County would determine cost. d. Nomination Papers: issued by City Clerk PB112 j ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2. 56.170 OF AND ADDING SECTION 2.56.171 TO THE SAN BERNARDINO 3 MUNICIPAL CODE RELATING TO CALLING SPECIAL ELECTIONS AND THE DATE SUCH ELECTIONS SHALL BE HELD 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 2. 56. 170 of the San Bernardino Municipal 7 Code is hereby amended to read as follows: 8 "2. 56. 170 Special Elections 9 The Mayor and Common Council shall call a 10 special election to be held on a Tuesday, 11 not less than ninety ( 90 ) nor more than one 12 hundred thirty-five ( 135 ) days following 13 such call . If an estab Lished election date 14 set by Section 10 of t;ie Charter of the 15 City of San Bernardino or Elections Code 16 §2500 falls within that time period, such 17 special election shall be held on that 18 date. Two or more special elections of the 19 City may be combined into one election. If 20 the special election is held to fill a 21 vacancy on the Council it shall be called 22 prior to an anticipated vacancy or within 23 thirty (30) days after such vacancy. In 24 such cases, the election shall be held not 25 less than ninety ( 90) nor more than one 26 hundred thirty-five (I?5) days following 27 such vacancy. Any such special election so 28 called shall be held in compliance with the D":km[SKLELEC.0R 1 -I- ] provisions of the Charter and applicable 2 ordinances of the City. " Unless the 3 election is not held as provided in Section 4 2 . 56. 175, the candidate receiving the 5 plurality of votes cast at such special 6 election shall be elected to fill the 7 vacancy. " 8 SECTION 2. Section 2.56. 171 is hereby added to the San 9 Bernardino Municipal Code to read as follows: 10 "2. 56. 171 Special Elections; alternate procedure 11 Where a vacancy exists on the Common Council, the 12 Council may, as an alternative to the procedure 13 outlined in Section 2. 56. 170, call a special election 14 to be held on a Tuesday, within the time limits set by 15 Section 2.56. 170 to be conducted wholly by mail 16 ballots. Such elections shall be conducted in 17 accordance with the provisions of Section 1350 et seq. 18 of the Elections Code of the State of California. 19 20 21 e2 23 24 25 26 27 28 :km(SPCLELEC.0"1 -2- Y j ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.56. 170 OF AND ADDING SECTION 2 . 56. 171 TO THE SAN BERNARDINO MUNICIPAL 2 CODE RELATING TO CALLING SPECIAL ELECTIONS AND THE DATE SUCH ELECTIONS SHALL BE HELD 3 I HEREBY CERTIFY that the foregoing ordinance was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of 1993, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 9 REILLY 10 HERNANDEZ i] MAUDSLEY 12 ' MINOR 13) - POPE-LUDLAM 14 ' MILLER 15� 16 17 City Clerk 18 The foregoing ordinance is hereby approved this day 19 of , 1993. 20 W. R. Holcomb, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 By: t 26 27 28 DA :km(SPCLELEC.ORD] -3-