HomeMy WebLinkAbout12- City Clerk ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Rachel G. Clark, CIVIC, Subject: Resolution ...Accepting the
City Clerk Resignation of Second Ward Council
Member Jason Desjardins; Calling a
Dept: City Clerk special election In the Second Ward ...
for July 12, 2011 ... Calling the special
election to be conducted wholly by mail
Date: February 23, 2011 ballots, and other related matters
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M/CC Meeting Date: 03/07/2011
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Synopsis of Previous Council Action:
02/22/11 Mayor and Council directed that the City Clerk and City Attorney's Office
proceed with preparing the required Resolution(s) to call for a special
election to be held in the Second Ward on Tuesday, July 12, 2011 and
that the appropriate Resolution(s) be placed on the March 7, 2011 agenda
of the Mayor and Common Council
Recommended Motion:
� Adopt Resolution.
Signature
Contact person: Rachel G. Clark, City Clerk Phone: ext 3210
Supporting data attached: Yes Ward: Second
FUNDING REQUIREMENTS: Amount: $38,000 (to be allocated in FY 11/12
Budget)
Source: (Acct. No.) 001-032-5502
(Acct. Description) Elections (Professional/
Contractual Services
Finance:
Council Notes: Qso /i a
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Submitted by: Rachel G. Clark, CMC, City Clerk
Council Meeting of March 7, 2011
Subiect: Resolution of the Mayor and Common Council of the City of San
Bernardino accepting the resignation of Second Ward Council Member
Jason Desjardins; calling a Special Election in the Second Ward of the
City for July 12, 2011 to fill the vacant Council seat in said Ward,
calling the Special Election to be conducted wholly by mail ballots; and
other related matters
Background:
On February 16, 2011, Second Ward Council Member Jason Desjardins submitted a formal letter
of resignation stating that he was resigning from his elected office effective February 11, 2011.
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. The term for the Second Ward Council seat expires on March 3, 2014.
Section 2.56.170 of the Municipal Code provides that the Mayor and Common Council shall call
a special election to be held on a Tuesday, not less than 90 nor more than 180 days following
such a call. At the February 22, 2011 Council meeting, the City Council directed that the City
Clerk and City Attorney's Office proceed with preparing the required resolution to call for a
special election to be held in the Second Ward on Tuesday, July 12, 2011, and that it be
conducted wholly by mail ballots.
The special election will be a stand-alone election and we will be contracting with the County
Registrar of Voters' Office to conduct the election. The City Clerk's Office will issue
nomination papers and the nomination period will open on March 21, 2011 and close at 4:30
p.m. on April 15, 2011. Candidates interested in running for the vacancy must be registered
voters and a resident of the Second Ward for at least thirty(30) consecutive days next preceding
the date of filing of nomination papers.
Financial Impact:
Estimated cost of conducting this special election is $38,000. Funds will need to be allocated in
the FY 2011/12 budget to cover the costs of this special election.
Recommendation:
Adopt the Resolution.
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACCEPTING THE RESIGNATION OF SECOND WARD
3 COUNCIL MEMBER JASON DESJARDINS; CALLING A SPECIAL ELECTION IN
4 THE SECOND WARD OF THE CITY FOR JULY 12, 2011, TO FILL THE VACANT
COUNCIL SEAT IN SAID WARD, CALLING THE SPECIAL ELECTION TO BE
5 CONDUCTED WHOLLY BY MAIL BALLOTS; AND OTHER RELATED
6 MATTERS.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. Recitals.
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11 A. WHEREAS, Jason Desjardins, Council Member of the Second Ward of the
12 City of San Bernardino, has submitted his resignation from such position
' 13 effective February 11, 2011.
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B. WHEREAS, Section 14-A of the City Charter requires that the unexpired
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16 term of a Council Member shall be filled through the election of a successor
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by the qualified electors of the ward in which the vacancy has occurred.
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18 C. WHEREAS, Section 2.56.170 of the San Bernardino Municipal Code sets
19 forth the procedure for special elections held in the City.
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D. WHEREAS, Section 2.56.171 of the San Bernardino Municipal Codes sets
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22 forth that where a vacancy exists on the Common Council, the Council may,
23 as an alternative to the procedure outlined in Section 2.56.170, call a special
24 election to be held on a Tuesday, within the time limits set by Section
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26 2.56.170 to be conducted wholly by mail ballots.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACCEPTING THE RESIGNATION OF SECOND WARD
2 COUNCIL MEMBER JASON DESJARDINS; CALLING A SPECIAL ELECTION IN
THE SECOND WARD OF THE CITY FOR JULY 12, 2011, TO FILL THE VACANT
3 COUNCIL SEAT IN SAID WARD, CALLING THE SPECIAL ELECTION TO BE
4 CONDUCTED WHOLLY BY MAIL BALLOTS; AND OTHER RELATED
MATTERS.
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6 SECTION 2. Accepting the Resignation. That the resignation of Second Ward
7 Council Member, Jason Desjardins, is accepted effective February 11, 2011.
8 SECTION 3. Special Municipal Election Called. A special municipal election is
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hereby called and will be held in the City of San Bernardino on Tuesday, July 12, 2011, to
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11 be held solely within the Second Ward for the purpose of electing a Council Member from
12 the Second Ward.
13 SECTION 4. Conduct of Election. Pursuant to Section 2.56.170 of the San
14 Bernardino Municipal Code, the special municipal election so called shall be conducted by
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all mail ballot with two polling places located as shall be determined by the City Clerk and
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17 the Registrar of Voters of the County of San Bernardino. The Board of Supervisors of the
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18 County of San Bernardino is hereby requested to issue instructions to the Registrar of Voters
19 to take all steps necessary for the holding of the special election. The polls for said election
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21 shall be open at 7 a.m. of the day of said election and shall remain open continuously from
22 that time until 8 p.m. of the same day when said polls shall be closed, except as provided in
23 Section 14401 of the California Elections Code. The Mayor is authorized to execute a
24 contract for the services necessary for conducting the special municipal election. The City
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of San Bernardino recognizes that additional costs will be incurred by the County by reasons
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27 of this election and agrees to reimburse the County for such costs.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACCEPTING THE RESIGNATION OF SECOND WARD
2 COUNCIL MEMBER JASON DESJARDINS; CALLING A SPECIAL ELECTION IN
THE SECOND WARD OF THE CITY FOR JULY 12, 2011, TO FILL THE VACANT
3 COUNCIL SEAT IN SAID WARD, CALLING THE SPECIAL ELECTION TO BE
4 CONDUCTED WHOLLY BY MAIL BALLOTS; AND OTHER RELATED
MATTERS.
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6 SECTION 5. Notice of Election and Candidate Statement. The City Clerk shall
7 cause to be published the notice of election as required by Section 12101 of the Elections
8 Code. Candidate statements shall be filed as required by Section 13307 of the Elections
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Code, and candidates shall pay such fees established by the County of San Bernardino for
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11 the purposes set forth in said election.
12 SECTION 6. Nomination Period. The nomination period for the special
13 municipal election shall be from March 21, 2011 to 4:30 p.m. on April 15, 2011.
14 SECTION 7. Mailing of Ballots and Polling Places. Official Ballots shall be
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16 mailed together with the sample ballot pamphlet and an envelope for return of the official
17 ballot. Voted ballots must be returned to the Registrar of Voters' Office or to one of the
18 polling places, at least one of which will be located in the Second Ward and one shall be at
19 the City Clerk's Office. Voted ballots must be returned no later than 8:00 p.m. on
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21 Tuesday, July 12, 2011.
22 SECTION 8. Canvass of Returns. The Registrar of Voters of the County of San
23 Bernardino is hereby authorized to canvass the returns of the special municipal election.
24 Results of the special municipal election shall be certified to the Mayor and Common
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Council of the City of San Bernardino.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACCEPTING THE RESIGNATION OF SECOND WARD
2 COUNCIL MEMBER JASON DESJARDINS; CALLING A SPECIAL ELECTION IN
THE SECOND WARD OF THE CITY FOR JULY 12, 2011, TO FILL THE VACANT
3 COUNCIL SEAT IN SAID WARD, CALLING THE SPECIAL ELECTION TO BE
4 CONDUCTED WHOLLY BY MAIL BALLOTS; AND OTHER RELATED
MATTERS.
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6 SECTION 9. Filing of Resolution. The City Clerk of the City of San Bernardino
7 is directed to file a certified copy of this Resolution with the Board of Supervisors of the
8 County of San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACCEPTING THE RESIGNATION OF SECOND WARD
2 COUNCIL MEMBER JASON DESJARDINS; CALLING A SPECIAL ELECTION IN
THE SECOND WARD OF THE CITY FOR JULY 12, 2011, TO FILL THE VACANT
3 COUNCIL SEAT IN SAID WARD, CALLING THE SPECIAL ELECTION TO BE
4 CONDUCTED WHOLLY BY MAIL BALLOTS; AND OTHER RELATED
MATTERS.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a
8 meeting thereof, held on the day of , 2011, by the following
9 vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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MARQUEZ
12 VACANT
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MCCAMMACK
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19 Rachel G. Clark, City Clerk
20 The foregoing Resolution is hereby approved this day of
21 , 2011.
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23 Patrick J. Morris, Mayor
City of San Bernardino
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25 Approved as to form:
26 James F. Penman
City Attorney
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28 By: Awl2p .,
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