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HomeMy WebLinkAbout10-City Attorney ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: Resolution of the Mayor and Common Council of The City of San Bernardino Accepting the Resignation ofThird Ward Council Member, Gordon McGinnis; Calling of a Special Election in the Third Ward of The City for November 7,2006 to Fill the Vacant Seat in Said Ward, and Requesting that the City of San Bernardino's Special Municipal Election Be Consolidated with the November 7,2006 Statewide General Election conducted by the County of San Bernardino; and Other Related Matters. Dept: City Attorney's Office Date: July 7, 2006 Synopsis of Previous Council Action: N/A Recommended motion: 1. That the Mayor and Common Council accept the Resignation of Gordon McGinnis as Council Member of the Third Ward. 2. Adopt the Resolution. Contact person: James F. Penman Phone: 384-5355 Supporting data attached: N/A Ward(s): FUNDING REQUIREMENTS: Amount: N/A Source: N/A Finance: Council Notes: 'R~SD . J..DD6-:L '0 1 75-0262 7/16/ DfD Agenda Item No. /0 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING THE RESIGNATION OF THIRD WARD COUNCIL 3 MEMBER, GORDON MCGINNIS; CALLING OF A SPECIAL ELECTION IN THE THIRD WARD OF THE CITY FOR NOVEMBER 7,2006 TO FILL THE VACANT 4 COUNCIL SEAT IN SAID WARD, AND REQUESTING THAT THE CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE 5 NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO; AND OTHER RELATED MATTERS. 6 7 8 9 10 II 12 13 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. A. WHEREAS. Gordon McGinnis, Council Member of the Third Ward of the City of San Bernardino, has submitted his resignation from such position effective July 28, 2006. B. WHEREAS, 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. C. WHEREAS, section 2.56.170 of the San Bernardino Municipal Code sets forth the procedure for special elections held in the City. D. WHEREAS, it is desirable that the special municipal election to fill the vacant seat created by the resignation of Council Member McGinnis be consolidated with the statewide general election to be held on November 7,2006. SECTION 2. Acceptinl! The Resil!nation. That the resignation of Third Ward Council Member, Gordon McGinnis is accepted effective July 28, 2006. SECTION 3. Svecial Municival Election Called. A special municipal election is hereby called and will be held in the City of San Bernardino on Tuesday, November 7, 2006, to be held solely within the Third Ward for the purpose of electing a Council Member from the Third Ward. SECTION 4. Nomination Period. The nomination period for the special municipal election shall be from July 17,2006 to August 11, 2006. SECTION 5. Notice of Election and Candidates Statement. The City Clerk shall cause 15 16 17 18 19 20 21 22 23 24 25 26 27 to be published the notice of election as required by Section 12101 of the Elections Code. 28 I DHC/js [Election Documents\Third Ward Special Election.Resolution] RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING THE RESIGNATION OF THIRD WARD 2 COUNCILMAN GORDON MCGINNIS; CALLING OF A SPECIAL ELECTION IN THE THIRD WARD OF THE CITY FOR NOVEMBER 7,2006 TO FILL THE VACANT 3 COUNCIL SEAT IN SAID WARD, AND REQUESTING THAT THE CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE 4 NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO; AND OTHER RELATED MATTERS. 5 6 7 8 9 10 II Candidate statements shall be filed as required by Section 13307 of the Elections Code, and candidates shall pay such fees established by the County of San Bernardino for the purposes set forth in said election. SECTION 6. ReQuest for Consolidation of Elections. Pursuant to Section 10400 of the California Elections Code, the Mayor and Common Council of the City of San Bernardino request that the Board of Supervisors of the County of San Bernardino consolidate the City's special municipal election with the statewide general election to be held on Tuesday, November 7, 2006. 12 The polls for said election shall be open at 7:00 a.m. of the day of said election and shall 13 remain open continuously from said time until 8:00 p.m. of the same day when said polls shall 14 be closed, except as provided in Section 14401 of the California Elections Code. 15 16 17 18 19 20 21 SECTION 7. Canvass of Returns. The Registrar of Voters of the County of San Bernardino is hereby authorized to canvass the returns of the special municipal election. Results of the special municipal election shall be certified to the Mayor and Common Council of the City of San Bernardino. SECTION 8. Conduct of Election. The special municipal election so called shall be held in such precincts and at such polling places as shall be determined by the Registrar of Voters of the County of San Bernardino within the Third Ward of the City. The Board of Supervisors of 22 23 the County of San Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the holding of the consolidated election. The Mayor is authorized 24 25 to execute a contract for the services necessary for conducting the special municipal election. The City of San Bernardino recognizes that additional costs will be incurred by the County by reasons 26 of this consolidation and agrees to reimburse the County for such costs. 27 III 28 2 DHC/js [Election Documents\Third Ward Special Election.Resolutionl I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING THE RESIGNATION OF THIRD WARD 2 COUNCILMAN GORDON MCGINNIS; CALLING OF A SPECIAL ELECTION IN THE THIRD WARD OF THE CITY FOR NOVEMBER 7,2006 TO FILL THE VACANT 3 COUNCIL SEAT IN SAID WARD, AND REQUESTING THAT THE CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE 4 NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO; AND OTHER RELATED MATTERS. 5 6 7 SECTION 9. Filinl!: of Resolution. The City Clerk of the City of San Bernardino is directed to file a certified copy of this Resolution with the Board of Supervisors of the County of San Bernardino and to file a copy of this Resolution with the Registrar of Voters. 8 11/ 9 11/ 10 11/ II /11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DHC/js [Election Documents\Third Ward Special Elcction.Resolution] , RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING THE RESIGNATION OF THIRD WARD 2 COUNCILMAN GORDON MCGINNIS; CALLING OF A SPECIAL ELECTION IN THE THIRD WARD OF THE CITY FOR NOVEMBER 7, 2006 TO FILL THE VACANT 3 COUNCIL SEAT IN SAID WARD, AND REQUESTING THAT THE CITY OF SAN BERNARDINO'S SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE 4 NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO; AND OTHER RELATED MATTERS. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 7 meeting thereof, held Common Council of the City of San Bernardino at a , 2006, by the following vote, to wit: NAYS ABSTAIN ABSENT 18 19 20 21 22 Rachel G. Clark, City Clerk ,2006. The foregoing Resolution is hereby approved this _ day of Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to Form: 24 25 26 27 28 4 DHC/js (Election Documents\Third Ward Special Election.Resolution] CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Staff Report Council Meeting Date of: July 10, 2006 Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the Resignation of the Third Ward Council Member, Gordon McGinnis; Calling a Special Election in the Third Ward of the City for November7, 2006, to Fill the Vacant Council Seat in Said Ward, and Requesting thatthe City of San Bernardino's Special Municipal Election be Consolidated with the November 7, 2006, Statewide General Election; and Other Matters. Backaround: Gordon McGinnis, Council Member of the Third Ward has submitted his resignation forthat position effective July 28, 2006. Section 14-A of the City Charter requires that the unexpired term of the Council Member shall be filled through the election of a successor by the qualified electors of the Ward in which the vacancy occurred. The adoption of the Resolution presented to the Mayor and Common Council will call a Special Election in the Ward to fill the position and complete the unexpired term. In addition, the Resolution authorizes the election to be consolidated with the statewide general election to be held on November 7, 2006, and that the Registrar of Voters of the County of San Bernardino shall conduct the election. Recommendations: 1. That the Mayor and Common Council accept the Resignation of Gordon McGinnis as Council Member of the Third Ward effective July 28, 2006. 2. Adopt the Resolution. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Resolution #d 0-0 f) -~ 7 Abstain .--r~ AbsenFD Item# It) CQ..- Change to motion to amend original documents 0 Companion Resolutions Null/Void After: days I Resolution # On Attachmen~ PUBLISH 0 POST 0 Note on Resolution of attachment stored separately: 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: Date ofClerk/CDC Signature: Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Servic'r, , Others: o EDA o Facilities ~ tLU(lW Finance o Fire Department o Notes: Reso. Log Updated: ~ Seal Impressed: ~ Reso. # on StaffRepo~ Not Returned: 0 YesL No By_ Yes NoL By_ Yes No-X- By_ Yes Nof By_ Yes No By_ Information Services o o o o o Parks & Recreation Police Department Public Services Water Department Ready to File: _ Date: Revised 12/18/03