HomeMy WebLinkAbout2013-259 1 RESOLUTION NO. 2013-259
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO ACCEPTING THE CERTIFICATE OF INSUFFICIENCY FOR THE
4 RECALL PETITION FOR WARD FIVE COUNCIL MEMBER AND ACCEPTING
THE CERTIFICATES OF SUFFICIENCY AND PROVIDING FOR AND CALLING A
5 RECALL ELECTION FOR WARD THREE COUNCIL MEMBER, WARD SEVEN
6 COUNCIL MEMBER AND CITY ATTORNEY FOR NOVEMBER 5, 2013 IN THE
CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN
7 BERNARDINO AND AUTHORIZING THE PREPAYMENT OF THE COSTS
ESTIMATED FOR SAID ELECTION TO THE COUNTY OF SAN BERNARDINO.
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9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
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12 A. At a general election held on the 8t" day of November, 2011, John Valdivia was
13 duly and regularly elected as a member of the Common Council for the Third Ward of the City
14 of San Bernardino; Chas Kelley was duly and regularly elected as a member of the Common
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Council for the Fifth Ward of the City of San Bernardino; Wendy J. McCammack was duly and
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regularly elected as a member of the Common Council for the Seventh Ward of the City of San
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18 Bernardino; and James F. Penman was duly and regularly elected as City Attorney.
19 B. An original Notice of Intention to Circulate a Recall petition seeking the
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removal of the incumbent Valdivia was filed in the office of the City Clerk on the 6th day of
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May, 2013; an original Notice of Intention to Circulate a Recall petition seeking the removal of
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23 incumbent Kelley was filed in the office of the City Clerk on the 6th day of May, 2013; an
24 original Notice of Intention to Circulate a Recall petition seeking the removal of incumbent
25 Penman was filed in the office of the City Clerk on the 6th day of May, 2013; and an original
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Notice of Intention to Circulate a Recall petition seeking the removal of incumbent
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McCammack was filed in the City Clerk's Office on the 16th day of May, 2013;
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2013-259
1 C. Section 122 of the City Charter allows for the recall of elected officers, based on
2 petition signed by not less than fifteen percent (15%) of the voters of the City for City-wide
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office, or in the case of a City Council Member elected by ward twenty-five percent (25%) of
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the voters of that ward.
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6 D. Proponents turned in petition sections to recall John Valdivia, City of San
7 Bernardino Council Member, Ward 3 on Thursday, August 1, 2013; Proponents turned in
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petition sections to recall Chas Kelley, City of San Bernardino Council Member, Ward 5,
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Wendy McCammack, City of San Bernardino Council Member, Ward 7, and James F. Penman,
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11 City Attorney, on Thursday, August 22, 2013. Pursuant to order by California Superior Court
12 Judge David Cohn, the petition sections as to James F. Penman were deemed filed as of July
13 11, 2013 and petition sections as to Chas Kelley and Wendy McCammack were deemed filed as
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of July 31, 2013.
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E. Section 122 of the City Charter further states that should the petitions be found
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17 sufficient, the City Clerk shall submit the same to the Council without delay and the Council
18 shall thereupon order and fix a date for holding said election not less than 50 days, nor more
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than 70 days from the date of the City Clerk's certificate to the Council that a sufficient petition
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is filed.
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22 F. The City Clerk deemed the recall petitions for Ward Five insufficient on August
23 29, 2013, and presented the certificate of insufficiency to the City Council at its September 3,
24 2012 meeting.
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G. The City Clerk deemed the recall petitions for Ward Three, Ward Seven and
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27 City Attorney sufficient on August 29, 2013, and presented the certificate of sufficiency to the
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2013-259
1 City Council at its September 3, 2013 meeting, making it necessary to call an election in
2 accordance with the provision of the Charter of the City of San Bernardino;
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H. The November 5, 2013 Primary Municipal Election is within the time frame set
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forth in the City Charter for calling a recall election;
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6 I. California Superior Court Judge David Cohn, on August 22, 2013, ordered that
7 the recall petitions be counted in order to facilitate the city being able to combine a recall
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election, should it be needed, with the Primary Municipal election, to be conducted with the
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consolidated election to be conducted by the County of San Bernardino on Tuesday, November
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11 5, 2013;
12 J. The County of San Bernardino has presented a cost estimate in the amount of
13 $450,000 for all costs related to conducting the Primary Municipal Election and the Recall
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Election for Ward Three, Ward Seven and City Attorney and demanded that the amount be paid
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immediately.
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17 SECTION 2. Recall Election Called. A recall election is called and will be held in
18 the City of San Bernardino on Tuesday, November 5, 2013, for the purpose of determining the
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recall of officers in the following offices:
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1. City Attorney;
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22 2. Member of the Common Council from the Third Ward;
23 3. Member of the Common Council from the Seventh Ward;
24 SECTION 3. Canvass of Returns. The Registrar of Voters of the County of San
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Bernardino is hereby authorized to canvass the returns of the recall election called by this
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resolution and to conduct the recall election in conjunction with the Primary Municipal Election
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28 in all respects as if there were only one election with only one form of ballot. Results of the
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2013-259
1 primary election and the recall election shall be certified to the Mayor and Common Council of
2 the City of San Bernardino.
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SECTION 4. Notice of Election. The City Clerk is hereby directed to publish a
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notice of the recall election which shall contain the following:
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6 A. The time of the election.
7 B. The offices to be filled, specifying full or short term.
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C. The hours the polls will be open.
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SECTION 5. Conduct of Election. The recall election called by this resolution shall
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11 be held in such precincts and at such polling places as shall be determined by the Registrar of
12 Voters of the County of San Bernardino. The Board of Supervisors of the County of San
13 Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps
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necessary for the holding of the consolidated election. The ballots to be used at the election
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shall be in form and content as required by law.
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17 SECTION 6. Prepayment of Invoice to County of San Bernardino.
18 The City Clerk is hereby authorized to prepay the invoice received from the County of
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San Bernardino for the services necessary for conducting the primary and recall elections.
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SECTION 7. Filing of Resolution. The City Clerk of the City of San Bernardino is
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22 directed to file a certified copy of this resolution with the Board of Supervisors of the County of
23 San Bernardino and to file a copy of this resolution with the Registrar of Voters.
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28 III
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2013-259
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACCEPTING THE CERTIFICATE OF INSUFFICIENCY FOR THE
2 RECALL PETITION FOR WARD FIVE COUNCIL MEMBER AND ACCEPTING
3 THE CERTIFICATES OF SUFFICIENCY AND PROVIDING FOR AND CALLING A
RECALL ELECTION FOR WARD THREE COUNCIL MEMBER, WARD SEVEN
4 COUNCIL MEMBER AND CITY ATTORNEY FOR NOVEMBER 5, 2013 IN THE
CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN
5 BERNARDINO AND AUTHORIZING THE PREPAYMENT OF THE COSTS
6 ESTIMATED FOR SAID ELECTION TO THE COUNTY OF SAN BERNARDINO.
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at aioint regula meeting thereof, held on the
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3rd day of September ,2013, by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ X
12
JENKINS X
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14 VALDIVIA X
15 SHORETT X
16 KELLEY X
17 JOHNSON X
18 MCCAMMACK
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20 George fin Hanna, Ci Clerk
21 The foregoing Resolution is hereby approved this 5 day of ,�, ,2013.
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23
to"
.rris, Mayor
24 City o an Bernardino
Ao orm25
€ity A .rney
27 ►C'' 1
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CERTIFICATE OF SUFFICIENCY (INSUFFICIENCY) OF RECALL PETITION OF
City Attorney (Mayor, Councilperson)
I, Gigi Hanna , City Clerk of the City of San Bernardino , County of
San Bernardino , State of California, hereby certify that:
The recall petition for the recall of James F. Penman
was filed with the City Clerk Department on August 22 120 13
That said petition consists of 3,349 sections;
That each section contains signatures purporting to be signatures of qualified electors of the City of
San Bernardino , California;
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person
who solicited the signatures, and containing the dates between which the purported qualified electors signed this
petition;
That the affiant stated his or her own qualification,that he or she had solicited the signatures upon that Section,
that all of the signatures were made in his or her presence, and that to the best of his or her own information and
belief, each signature to that section was the genuine signature of the person whose name it purports to be;
That after the proponents filed this petition and based on the County of San Bernardino Registrar of
Voters' Signature Verification Certificate, I have determined the following facts regarding this petition:
Total number of signatures required to qualify for election: 1 1 ,588
( 15 %x 77,254 _voters)
Total number of signatures filed by proponent raw count: 18,070
Total number of signatures verified: 18,070
Number of signatures found sufficient: 11,855
Number of signatures found insufficient: 6,215
Based on the above, the petition is deemed to be sufficient (insofficieno.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Can Bernarrlinn this -3 day of S- , 20 13
City Clerk
City of San Bernardino
§§ 11227
Recall Worksheet—Certificate of Sufficiency (Insufficiency) of Recall Petition
(Added 10/2008) F— R—7
CERTIFICATE OF SUFFICIENCY (INSUFFICIENCY) OF RECALL PETITION OF
Ward Three (3) (Mayor, Councilperson)
1, Gigi Hanna , City Clerk of the City Of San Bernardino , County of
S an Bernardino , State of California, hereby certify that:
The recall petition for the recall of John Valdivia
was filed with the City Clerk Department on August 1 , 2013
That said petition consists of 797 sections;
That each section contains signatures purporting to be signatures of qualified electors of the City of
San Bernardino , California;
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person
who solicited the signatures, and containing the dates between which the purported qualified electors signed this
petition;
That the affiant stated his or her own qualification,that he or she had solicited the signatures upon that Section,
that all of the signatures were made in his or her presence, and that to the best of his or her own information and
belief, each signature to that section was the genuine signature of the person whose name it purports to be;
That after the proponents filed this petition and based on the County of San Bernardino Registrar of
Voters' Signature Verification Certificate, I have determined the following facts regarding this petition:
Total number of signatures required to qualify for election: 2,355
(__L5 % x 9,419 voters)
Total number of signatures filed by proponent raw count: 4,721
Total number of signatures verified: 4,721
Number of signatures found sufficient: 2,698
Number of signatures found insufficient: 2,023
Based on the above,the petition is deemed to be sufficient (inseam.
IN WITNESS WHEREOF, I have hereunto set my hand and ffixed the official seal of
the City of San Bernardino this �3 day of ' 20 13
City Clerk
City of San Bernardino
§§ 11227
Recall Worksheet—Certificate of Sufficiency (insufficiency) of Recall Petition
(Added 10/2008) F— R—7
CERTIFICATE OF SUFFICIENCY (INSUFFICIENCY) OF RECALL PETITION OF
Ward Five (5) (Mayor, Councilperson)
I, Gigi Hanna , City Clerk of the City of San Bernardino , County of
San Bernardino , State of California, hereby certify that:
The recall petition for the recall of Chas Kelley
was filed with the City Clerk Department on August 22 , 20 13
That said petition consists of 880 sections;
That each section contains signatures purporting to be signatures of qualified electors of the City of
San Rernardinn , California;
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person
who solicited the signatures, and containing the dates between which the purported qualified electors signed this
petition;
That the affiant stated his or her own qualification,that he or she had solicited the signatures upon that Section,
that all of the signatures were made in his or her presence, and that to the best of his or her own information and
belief, each signature to that section was the genuine signature of the person whose name it purports to be;
That after the proponents filed this petition and based on the County of San Bernardino Registrar of
Voters' Signature Verification Certificate, I have determined the following facts regarding this petition:
Total number of signatures required to qualify for election: 3,677
(_Za__% x i 4_7 n 7 voters)
4,791
Total number of signatures filed by proponent raw count:
Total number of signatures verified: 4,791
Number of signatures found sufficient: 2,351
Number of signatures found insufficient:
2,440
Based on the above, the petition is deemed to be ga#Went (insufficient).
IN WITNESS WHEREOF, I have hereunto setmn hand and affixed the official seal of
the City Of San Bernardino this 3 day of 2013
City Clerk
Cityof San RPrnnrriinn
§§ 11227
Recall Worksheet— Certificate of Sufficiency (Insufficiency) of Recall Petition
(Added 10/2008) F— R—7
CERTIFICATE OF SUFFICIENCY (INSUFFICIENCY) OF RECALL PETITION OF
Ward Seven (7) (Mayor, Councilperson)
I, Gigi Hanna , City Clerk of the City of San Bernardino , County of
San Bernardino , State of California, hereby certify that:
The recall petition for the recall of Wendy McCammack
was filed with the City Clerk Department on August 22 , 2013
That said petition consists of 852 sections;
That each section contains signatures purporting to be signatures of qualified electors of the City of
San Bernardino , California;
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person
who solicited the signatures, and containing the dates between which the purported qualified electors signed this
petition;
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that Section,
that all of the signatures were made in his or her presence, and that to the best of his or her own information and
belief, each signature to that section was the genuine signature of the person whose name it purports to be;
That after the proponents filed this petition and based on the County of San Bernardino Registrar of
Voters' Signature Verification Certificate, I have determined the following facts regarding this petition:
Total number of signatures required to qualify for election: 3,021
(_11_210 x L Z ng voters)
Total number of signatures filed by proponent raw count: 4,970
Total number of signatures verified: 4,970
Number of signatures found sufficient: 3,141
Number of signatures found insufficient: 1,829
Based on the above,the petition is deemed to be sufficient (irasaffic kat).
IN WITNESS WHEREOF, I have hereunto set Q r hand and affixed the official seal of
the City of san Bernardino this day of . 2013
�Z14
City Clerk
City of San Bernardino
§§ 11227
Recall Worksheet—Certificate of Sufficiency (Insufficiency) of Recall Petition
(Added 10/2008) F—R—7