HomeMy WebLinkAbout06.A- City Clerk RESOLUTION (ID # 2670) DOC ID: 2670 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Election
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 09/03/2013
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the
Certificate of Sufficiency and Providing for and Calling a Recall Election for Ward Three
Council Member, Ward Seven Council Member and City Attorney for November 5, 2013 in the
Consolidated Election Conducted by the County of San Bernardino and Authorizing the
Prepayment of the Invoice for Said Election to the County of San Bernardino. (#2670)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: «500,000» Account No. «001-030-5502»
Account Description: «Professional/Contractual Services>>
Balance as of: «500,000 8/29/13»
Balance after approval of this item: «50,000»
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action
Background:
Attachments: Certification of Sufficiency of Recall Petitions, Certification of Insufficiency of
Recall Petition; Invoice from San Bernardino County Registrar of Voters to be delivered under
separate cover; unavailable at time of agenda production.
City Attorney Review:
Supporting Documents:
Recall Election Reso (DOC)
Reso - CallingRecall (DOC)
Updated: 8/29/2013 by Georgeann"Gigi"Hanna B Packet Pg.223
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1 RESOLUTION NO.
2
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
COUNCIL MEMBER AND CITY ATTORNEY FOR NOVEMBER 5, 2013 IN THE
6 CONSOLIDATED ELECTION CONDUCTED BY THE COUNTY OF SAN
7 BERNARDINO AND AUTHORIZING THE PREPAYMENT OF THE COSTS
s ESTIMATED FOR SAID ELECTION TO THE COUNTY OF SAN BERNARDINO.
9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
10
SECTION 1. Recitals.
11
12 A. At a general election held on the 8th day of November, 201*1, 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
15
16 Council for the Fifth Ward of the City of San Bernardino; Wendy J. McCammack was duly and
17 regularly elected as a member of the Common Council for the Seventh Ward of the City of San
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
20
removal of the incumbent Valdivia was filed in the office of the City Clerk on the 6th day of
21
22 May, 2013; an original Notice of Intention to Circulate a Recall petition seeking the removal of
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
26
27 Notice of Intention to Circulate a Recall petition seeking the removal of incumbent
28 McCammack was filed in the City Clerk's Office on the 16th day of May, 2013;
MCC 9/3/13
Addition to 6A
1
(#2670)
t
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
3
office, or in the case of a City Council Member elected by ward twenty-five percent (25%) of
4
the voters of that ward.
5
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
8 petition sections to recall Chas Kelley, City of San Bernardino Council Member, Ward 5,
9
10 Wendy McCammack, City of San Bernardino Council Member, Ward 7, and James F. Penman,
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
14
of July 31, 2013.
15
16 E. Section 122 of the City Charter further states that should the petitions be found
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
19 than 70 days from the date of the City Clerk's certificate to the Council that a sufficient petition
20
is filed.
21
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
26
27 City Attorney sufficient on August 29, 2013, and presented the certificate of sufficiency to the
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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;
3
H. The November 5, 2013 Primary Municipal Election is within the time frame set
4
5 forth in the City Charter for calling a recall election;
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
8 election, should it be needed, with the Primary Municipal election, to be conducted with the
9
to consolidated election to be conducted by the County of San Bernardino on Tuesday, November
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
14
Election for Ward Three, Ward Seven and City Attorney and demanded that the amount be paid
15
16 immediately.
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
19
recall of officers in the following offices:
20
1. City Attorney;
21
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
25
Bernardino is hereby authorized to canvass the returns of the recall election called by this
26
27 resolution and to conduct the recall election in conjunction with the Primary Municipal Election
28 in all respects as if there were only one election with only one form of ballot. Results of the
3
� k
1 primary election and the recall election shall be certified to the Mayor and Common Council of
2 the City of San Bernardino.
3
SECTION 4. Notice of Election. The City Clerk is hereby directed to publish a
4
notice of the recall election which shall contain the following:
5
6 A. The time of the election.
7 B. The offices to be filled, specifying full or short term.
8 C. The hours the polls will be open.
9
SECTION 5. Conduct of Election. The recall election called by this resolution shall
10
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
14
necessary for the holding of the consolidated election. The ballots to be used at the election
15
16 shall be in form and content as required by law.
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
19
San Bernardino for the services necessary for conducting the primary and recall elections.
20
SECTION 7. Filing of Resolution. The City Clerk of the City of San Bernardino is
21
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.
24
25
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27
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4
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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 a meeting thereof, held on the
9 day of , 2013, by the following vote,to wit:
10
Council Members: AYES NAYS ABSTAIN ABSENT
11
MARQUEZ
12
JENKINS
13
14 VALDIVIA
15 SHORETT
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20 Georgeann Hanna, City Clerk
21 The foregoing Resolution is hereby approved this day of , 2013.
22
23
Patrick J. Morris, Mayor
24 City of San Bernardino
Appro to form:
25
26 Jams " —
A Vm�e�v
27
L c�
28
5
CERTIFICATE OF SUFFICIENCY (INSUFFICIENCY) OF RECALL PETITION OF E
City Attorney (Mayor,Councilperson)
i
E
I, Gigi Hanna , City Clerk of the City of San Bernardino , County of
San Bernardino , State of California, hereby certify that:
I
The recall petition for the recall of James F. Penman
f
was filed with the City Clerk Department on August 22 -92 13
e
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: 11 ,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 (it ient).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of s n Bernardinn this day of , 20 13
City Clerk
City of San Bernardino
§§ 11227
Recall Worksheet-Certificate of Sufficiency (Insufficiency) of Recall Petition
(Arida i I 0/900s) F- R-7
CERTIFICATE OF SUFFICIENCY (INSUFFICIENCY) OF RECALL PETITION OF
Ward Three (3) (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 John Valdivia
was filed with the City Clerk Department on August 1 ' 2
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
I ( 25 % x 9.419 voters)
Total number of signatures filed by proponent raw count:
4,721
I
Total number of signatures verified: 4,721
Number of signatures found sufficient: Z_,698
Number of signatures found insufficient: 2,023
Based on the above,the petition is deemed to be sufficient (ir aiem).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Bernardino this day of , 20 13
City Clerk
City of San Bernardino
l
§§ 11227
Recall Worksheet—Certificate of Sufficiency (Insufficiency) of Recall Petition
(Armari 1 n/90M) F — R—7
CERTIFICATE OF SUFFICIENCY (INSUFFICIENCY) OF RECALL PETITION OF
Ward Five _(9) (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 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: 3,677
x i i,._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 sa#tent (insufficient).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Bernardino this day of , 2013
City Clerk
Cityof San RPrnardinn
§§ 11227
Recall Worksheet—Certificate of Sufficiency (Insufficiency)of Recall Petition
r n,irioea 1 n/9nnRl F— R—7
C
CERTIFICATE OF SUFFICIENCY (INSUFFICIENCY) OF RECALL PETITION OF
Ward Seven (7) (Mayor,Councilperson)
1, Gigi Hanna City Clerk of the City Of San Bernardino , County of
San Bernarr�i no , 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 , 20 13
That said petition consists of 852 sections;
That each section contains signatures purporting to be signatures of qualified electors of the City of
San Bernard]w2 , 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 Bernard;nn 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
(__Z5_2% x_12,L.&2 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 (' ic ).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of san -RPrngrajr1 this day of , 2013
City Clerk
City of San Bernardino
§§ 11227
Recall Worksheet—Certificate of Sufficiency (Insufficiency) of Recall Petition
i AAA-4 -1 nionnaN F- R-7
County of San Bernardino 777 East Rialto Avenue
1 ^
Community Services Grouts San Bernardino, CA 92415
Elections Office of the Phone(909) 387-8300
Fax(909) 387-2022
-;
Registrar of Voters www.sbcountyelections.com
Michael J.Scarpello
Registrar of voters
August 29, 2013
Georgeann"Gigi" Hanna
City of San Bernardino
300 N. "D" St., 2nd Floor
San Bernardino, Ca 92418
Dear Georgeann "Gigi" Hanna,
This letter is in response to your request for an election cost estimate from the San Bernardino
County Elections Office.
The estimated cost to consolidate the City of San Bernardino's primary election and special
recall election with the November 5, 2013 Consolidated General Election, and to verify four
recall petitions is $450,000.
Prior to conducting the election, the City of San Bernardino must pre-pay $450,000 to San
Bernardino County and this payment must be receive no later than Friday, September 13, 2013 in
order for the Elections Office to proceed with conducting this election.
Please understand that the above is an estimate of your election billing based on comparisons of
historical costs for comparable elections. The actual cost may be higher or lower than the
estimate provided. Once the election is complete, the Elections Office will reconcile the
difference between the actual cost and the estimated cost and will provide a final invoice at that
time.
If you have further questions, please contact me at (909) 387-2089.
Thank you,
a4
Audilia Lozada
BOARD OF SUPERVISORS
ROBERT A.LOVINGOOD-First District•JANICE RUTHERFORD-Second District•JAMES RAMOS-Third District•GARY C.OVI T-Fourth District•JOSIE GONZALES-Fifth District
GREGORY C.DEVEREAUX-Chief Executive Officer