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RESOLUTION (ID #2940) DOC ID: 2940 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Election
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 02/18/2014
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, California,
Reciting the Facts of the General Municipal Election and Special Election Held Concurrently in
Said City on the 4Th Day of February 2014, Declaring the Results Thereof and Setting Forth
Such Other Matters as Are Provided by Law. (#2940)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
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.
Background:
San Bernardino City Charter§11 provides that at the next regular or adjourned meeting following the
completion of the canvass,the Mayor and Common Council shall declare the results of said election as
certified by the City Clerk or the Registrar of Voters of the County of San Bernardino as being official.
For those elected in a general election, in this case,the Mayor, and Ward Four Council Member, Charter
§§13 and 14 state that the term commences on the first Monday in March following the election.
For a special election, such as the election of Ward Five Council member, Charter§14-A and SBMC
§2.56.170 provide that the vacancy is filled for the unexpired term and there is no specific mention of
when that person takes office. The City Attorney's office has interpreted this to mean that the person
should take office as soon as the results are certified. The San Bernardino County Registrar of Voters
certified the results of the February 4,2014 General Municipal and Special elections at 3:39 p.m.
Tuesday,February 11,2014. Mr. Henry Nickel,who received the plurality of votes in the Special
Election to fill the vacant Fifth Ward seat,took his oath of office in the City Clerk's Office at 8 a.m.
Wednesday,February 12,2014.
'3 The results can also be accessed by typing this link into an internet browser:
http://www.sbcounty.gov/rov/current elections/020414/ElectionResults/defaultDNN.htm
City Attorney Review:
Supporting Documents:
reso 2940 (PDF)
ExhibitA_ResoCallingElectionResults_2-4-14 (DOCX)
Updated:2/12/2014 by Linda Sutherland A Packet,Pg. 10
1 RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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4 MUNICIPAL ELECTION AND SPECIAL ELECTION HELD CONCURRENTLY
IN SAID CITY ON THE 4TH DAY OF FEBRUARY 2014, DECLARING THE
5 RESULTS THEREOF AND SETTING FORT H SUCH OTHER MAT TERS AS ARE
PROVIDED BY LAW.
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7 WHEREAS, a General Municipal Election was held and conducted in the City of San
8 Bernardino on the 4t" day of February 20t4,as required by law; and
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9 WHEREAS, a Special Municipal Election was held concurrently with the General
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Municipal Election to fill a vacancy in the Ward Five Council seat; and
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12 WHEREAS, notice of said elections were duly and regularly given in the time, form and
13 manner as provided by law; voting precincts were properly established; election officers were
14 appointed and in all respects said elections were held and the returns made and declared in the
15 time, form, and manner as required by the provisions of the Charter of the City of San
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Bernardino and the Elections Code of the State of California for the holding of public elections y
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18 in the City of San Bernardino; and N
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19 WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the returns
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20 of said elections and has certified the results to this City Council and said results are received,
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attached and made a part hereof as Exhibit"A;"
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23 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That on February 4, 2014,there were 77,588 registered voters in the City
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2 6 of San Bernardino.
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1 SECTION 2. That there were 166 voting precincts and 21 polling places established
2 for the purpose of holding said elections.
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!4 SECTION 3. That said General Municipal Election was held for the purpose of
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electing the Mayor of the City of San Bernardino and Council Member for Ward Four;and
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6 SECTION 4. That said Special Municipal Election was held for the purpose of electing
7 the Ward Five Council- Member; and
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SECTION 5. That the total of all votes cast in said City elections was 12,245 including c
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8,929 absent voter ballots, for a voter turnout of 15.78 percent. L
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11 SECTION 6. That the City Clerk shall enter on the records of the City Council of said LL
12 City a statement of the results of the General Municipal Election held on the 4ffi day of February
13 2014.
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SECTION 7. That the Mayor and Common Council hereby declare the results of said
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16 elections as certified by the County Registrar of Voters, as stated in Exhibit "A" attached
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17 hereto, as official. o
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5.B.a. i
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, RECITING THE FACTS OF THE GENERAL
2 MUNICIPAL ELECTION AND SPECIAL ELECTION HELD CONCURRENTLY
IN SAID CITY ON THE 4TH DAY OF FEBRUARY 2034, DECLARING THE
3 RESULTS THEREOF AND SETTING FORTH SUCH OTHER MATTERS AS ARE
4 PROVIDED BY LAW.
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 C.omMon Council of the City of San Bernardino at a meeting thereof, held on
8 the day of ,2014,by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT li
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11 MARQUEZ
12 JENKINS
13 VALDIVIA
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SHORETT
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NICKEL o
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17 JOHNSON o
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18 MULVIHILL C
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20 Georgeann Hanna, City Clerk
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21 The foregoing Resolution is hereby approved this day of 72014, a
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Patrick J. Morris,Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
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Exhibit A—Primary Municipal and Recall Election Results, November 5,2013
General Municipal and Special Election
Candidate Office Votes Received Percentage
Fred Shorett Ward Four Council 2,032 65,87%
Anthony Jones Ward Four Council 1,053 34.13%
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Carey Davis Mayor 6,905 56.85% N
Wendy McCammack Mayor 5,242 43.15% �.
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i Henry Nickel Ward Five Council 1,010 37:77% �
Karmel Roe Ward Five Council 316 11.82%
Randy Wilson Ward Five Council 806 30.14%
Larry Lee Ward Five Council 542 20.27
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