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HomeMy WebLinkAbout10-City Clerk ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Rachel G. Clark, C.M.C. City Clerk Subiect: Resolution Caning A Special Election In The Third Ward Cor February 2,1999 To Fill The Vacant Council Seat In Said Ward And Establishing the Nomination Period as November 5, 1998 to November 30, 1998 Department: City Clerk Date: October 26, 1998 Synopsis oCPrevious Council Action: None. Recommended Motion: That said resolution be adopted. Q~_ /;J. ~ '- Signature ------------------------------------------------------------------------------------------------------------------------ Contact person: Rachel G. Clark. City Clerk Supporting Data Attached: Yes FUNDING REQUIREMENTS: Amount: Phone: extension 5002 Ward: Third Estimated $24.000 (unbudgeted) Source: (Account No.) 001-032-5502 Account DescriDtion): Elections CProf./Contractual Svcs.) Finance: Recommended source of funding will be Dresented at mid-Year. Council Notes: Agenda Item No. 10 I,I2./Q<1 STAFF REPORT TO: FROM: DATE: RE: Honorable Mayor and Members of the Common Council Rachel G. Clark, City Clerk October 26, 1998 Resolution of the Mayor and Common Council of the City of San Bernardino Calling A Special Election In The Third Ward of the City for February 2, 1999 To Fill The Vacant Council Seat In Said Ward And Establishing The Nomination Period as November 5,1998 to November 30,1998. Background Information: In a letter dated October 16, 1998 to the Honorable Judith Valles, Rita C. Arias submitted her resignation as a member of the City Council representing the Third Ward of the City of San Bernardino. Her resignation was effective October 19, 1998. Section 14-A of the City Charter provides that a vacancy in the Common Council, from whatever cause arising, shall be filled for the unexpired term thereof through the election of a successor Councilman by the qualified electors of the ward in which the vacancy has occurred. Mrs. Arias' Term would have expired on March 6, 2000. The City Charter further states that said election shall be held at the time established by the Mayor and Common Council and shall be conducted in the manner provided by general law; provided that the Mayor and Common Council shall have the power by ordinance to provide for the manner of holding such election and such ordinance shall prevail over the general law. San Bernardino Municipal Code Section 2.56.170 provides the process for the calling of a special election and specifies that if a special election is held to fill a vacancy on the Council it shall be called prior to an anticipated vacancy or within thirty (30) days after such vacancy. In such cases, the election shall be held not less than ninety (90) nor more than one hundred thirty-five (135) days following such vacancy. The candidate receiving the plurality of votes cast shall be elected to fill the vacancy. The 90-135 day window when a special election can take place falls between January 17, 1999 and March 3, 1999; and, we considered seven possible dates when the election could be held. Elections Code Section 1100 prohibits elections from being held on the day before, the day of, or the day after, a state holiday. Of the seven possible dates available during the 90-135 day period, two dates are automatically eliminated because they fall after holidays (January 19 and February 16). Cognizant of the need to provide citizens with direct representation and fill the vacancy at the earliest opportunity, I am recommending that the special election in the Third Ward be called for 2 Tuesday, February 2, 1999 and that pursuant to SBMC 2.56.070, the nomination period be established as November 5, 1998 to noon on November 30, 1998. The closing day of the nomination period falls on a legal holiday (Thanksgiving Day) and the following day is also observed as a holiday; therefore, the deadline for filing nomination papers is being extended to noon on Monday, November 30, 1998. Nomination papers will be issued by the City Clerk. A companion item to this Resolution, and the next item on your agenda, is a Resolution requesting that the County Registrar of Voters render services related to the special election. Recommended Motion: That said resolution be adopted. !J.~ Rac I G. Clark, C.M.C. City Clerk Agenda Item No. 3 . o o o " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~(Q)~W RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE THIRe WARD OF THE CITY FOR FEBRUARY 2, 1999 TO FILL THE VACANT COUNCIL SEAT IN SAID WARD AND ESTABLISHING THE NOMINATION PERIOD AS NOVEMBER 5, 1998 TO NOVEMBER 30, 1998. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. A. A vacancy now exists on the Common Council of the City of San Bernardino for the Third Ward of the City. B. The Charter of the City requires that such vacancy be filled by election. C. San Bernardino Municipal Code Section 2.56.170 sets forth the procedure for special elections to be held in the City. D. It is desirable that a special election to fill the vacant seat be held at the earliest opportunity so that the citizens of the Third Ward not be left without direct representation on the Council for any extended length of time. SECTION 2. Special Municipal Election Called. A special municipal election is hereby called and will be held solely within the Third Ward of the City of San Bernardino on Tuesday, February 2, 1999, for the purpose of electing a Council Member from the Third Ward. SECTION 3. Nomination Period. The nomination period for said election shall be from November 5, 1998 to NOvember 30, 1998. 1 tf( (). (0 11/'2-/qt o 1 2 3 4 o 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o RESOLUTION CALLING SPECIAL ELECTION IN THIRD WARD FOR FEBRUARY 2, 1999 AND ESTABLISHING NOMINATION PERIOD AS NOVEMBER 5, 1998 TO NOVEMBER 30, 1998. SECTION 4. Conduct of Election. Pursuant'te Resolution No. 98- , election to be conducted by the Registrar of 5 Voters Office in coordination with the City Clerk of the City 6 of San Bernardino. SECTION 5. Candidate Receivina Hiahest Number of Votes to be Elected. As provided by San Bernardino Municipal Code Section 2.56.170 and subject to the provisions of San Bernardino Municipal Code Section 2.56.175, the candidate receiving the highest number of votes at the Special Election and qualifying for the position, shall be elected to the office. III III III III III III III III III III III III III 2 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION CALLING SPECIAL ELECTION IN THIRD WARD FOR FEBRUARY 2, 1999 AND ESTABLISHING NOMINATION PERIOD AS NOVEMBER 5, 1998 TO NOVEMBER 30, 1998. I HEREBY CERTIFY that the foregoing resolutbon was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1998, by the following vote, to wit: COUNCIL MEMBERS AYES NAYS ABSENT ABSTAIN ESTRADA LIEN VACANT SCHNETZ DEVLIN ANDERSON MILLER Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of , 1998. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney /J . ~ 3 C I T Y 0 F- San Bernardino RACHEL C L ARK C I T Y C l E R K November 6, 1998 Earlene Sproat, Clerk of the Board of Supervisors County of San Bernardino Board of Supervisors 385 North Arrowhead Avenue San Bernardino, CA 92415 Dear Ms. Sproat: At the Mayor and Common Council meeting of November 2, 1998 the following resolutions were adopted: Res 98-308 - Requesting that the Board of Supervisors permit the Registrar of Voters to render services to the City of San Bernardino relating to a Special Municipal Election to be held on February 2,1999. Res 98-312 - Calling a Special Election in the 3rd Ward of the City for February 2, 1999 to fill the vacant council seat in said Ward and establishing the nomination period as November 5, 1998 to November 30, 1998. Attached are certified copies of these resolutions for your files. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Sincerely, Rachel Clark City Clerk . ~. /':: ",' . 'de /' .,' ~. /VLJ' By: Melanie Miller, Senior Secretary mam Enclosure P. O. BOlC t31', SAN BERNARDINO. CA .2402 300 NORTH 0 STREET. SAN BERNARDINO. CALIFORNIA 92418.0001 1'0')3'4-1002 (10')3'4-5102 FAX.(.0.)3.4.'11. TDD/TTY -('01)3'4-5540 CrTY O~ San Bernardino RACHEL CLARK CITY CLERK November 6, 1998 Ingrid Gonzales Registrar of Voters County of San Bernardino 777 East Rialto Avenue San Bernardino, CA 92408 Dear Ms. Gonzales: At the Mayor and Common Council meeting of November 2, 1998 the following resolutions were adopted: Res 98-308 - Requesting that the Board of Supervisors permit the Registrar of Voters to render services to the City of San Bernardino relating to a Special Municipal Election to be held on February 2, 1999. Res 98-312 - Calling a Special Election in the 3rd Ward of the City for February 2, 1999 to fill the vacant council seat in said Ward and establishing the nomination period as November 5, 1998 to November 30, 1998. Attached are certified copies of these resolutions for your files. If you have any questions, please do not hesitate to contact me at (909) 384-5002. Sincerely, Rachel Clark City Clerk ~c '~'r/c,' /ff'c// By: Melanie Miller, Senior Secretary mam Enclosure P. O. 80X 1318, SAN IERN"RDINO, CA 1.402 300 NORTH 0 STREET. SAN BERNARDINO. CALIFORNIA 92418.QOOI ('o')a...~sooz (.01.31".5102 FAX-,10.)3...11.1 TDDfYTY -CIO')3'4-5540 .. FOR OmCE USE ONLY - NOT A PUBLIC DOCUMENT .. . RESOLlITION AGENDA ITEM TRACKING FORM Meeting Dale(Dale Adollled): 'iI / ()2: /98It~m" It? Resolution" 9J'" -Jl /"2.. Vote: Ayes: V ~,"t 5.~: 7 Nays: -t9- Abstain:~ Absent:b2- Cbange to motion to amend original docs: ~ ~ '3 .-\ttacnments: Contract Term: /IT) Resolution" On Attactunents: Contract Expiration Date: Dale Sent to Mayor: 11/ 03/98 Dale of Mayor's Signarure: /1 /" '( /98 ------ Reso Log Updated: Dale Returned l'rom Mayor: Date of Clerk's Signarure: Seal Impressed: ~. J/ / Or /98 /1 / 6<:;"'/98 Dale Memo Senno Department for Signature: ~ 1/l..PJ8 I '/ See Attached: Dale Received Back: Dale Letter Sent to Outside Party for Signature: 60 Day Reminder Letter Sent OD 30tb day: 90 day Reminder Letter Sent on 45tb day: _ day Reminder Letter Sent: See Attached: Dale Received Back: See Attached: See Attached: See Attached: Note With/On Reso of Attachment 3t5fea .K.t--.ulb..1l' - Direct City Clerk-PUBLISH. POST, RECQRD Ul COmfTY (.;'.1_ I) 64... .:see A.L~UC:U. Request for Council Action & Staff Repolt Attached: Gpdated Prior Resolutions (Other Than Below): Gpdated CITY Penonnel Folders (6~l3. 6429. 6433, 10584. 1263~): Updated CDC Penonnel Folders (5557): Updated Traffic Folders (3985, 8234. 655): Y ........- No_ By es_ ......- Yes_ No "--' By mam Yes_ ...- By No_ mam Yes_ No-=:::::::- By m;ilm Yes No --=::::-Ily mam Date lI/d3 $ Date /1 / b(J, /9E Date /1/ t7(,/98 Date II /t><" 19 Date II / t>(,./tfy , Copies Distributed To: City Attornev & Otbers: /7tN:rA~ 5~/~~ By: mam Dale: I<tJt/ ;1 I ,1 V98 Othe- BEFORE mING REVIEW FORM TO ENSURE ANY NOTATIONS MADE RF.1IF. ARE TRANSFERRED TO THE YEARLY RESOLlITION CHRONOLOGICAL LOG FOR FUTURE REFERENCE IContract Tenn. etc.) Ready to File: 1II;It... Dale: If / O~ /9 f Last Uodated: 10/09/1998