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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
From: Rachel G. Clark, City Clerk
Subject: Resolution of the Mayor
and Common Council of the City of San
Bernardino requesting that the City of
San Bemardino's Primary Election be
consolidated with the November 3, 2009
Consolidated Election conducted by the
County of San Bernardino.
Dept: City Clerk
Date: April 27, 2009
Council Meeting: May 18, 2009
Synopsis of Previous Council Action:
5/2/05
Resolution No. 2005-99 was adopted requesting that the City's Primary
Election be consolidated with the November 8, 2005 Consolidated
Election conducted by the County of San Bemardino.
Recommended Motion:
That said resolution be adopted.
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Signature
Contact person: R..d,..1 r. r.1..rk. r.ity r.1"rk
Phone: Fvt '>1 n?
Supporting data attached:
VAS
Ward:
City-widA
FUNDING REQUIREMENTS: Amount: ~500.000
Source: (Acct. No.) To be budgeted in FY 09/10 budget
(Acct. Description) Elections
Finance:
Council Notes:
Res" 2009- /I<?
Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino requesting that the
City of San Bernardino's Primary Election be consolidated with the November 3, 2009
Consolidated Election conducted by the County of San Bernardino.
Background:
The following City offices are up for election in November 2009: Office of the Mayor and
Council seats in the First, Second and Fourth Wards.
Elections Code Section 10403 requires that a resolution requesting consolidation must be filed at
least 88 days prior to the date ofthe election. The 88th day prior to the November 3, 2009
election falls on August 7, 2009.
Nomination papers will be issued by the City Clerk's Office; however, the County Registrar of
Voters Office will designate polling places, issue vote by mail ballots, conduct the election, tally
votes, and conduct the canvass. The nomination period opens Monday, July 13, 2009, and closes
on Friday, August 7, 2009. Although City Hall is now closed on Fridays, the City Clerk's office
will be open on Friday, August 7, 2009, to accept any last-minute filings. Elections Code
Section 10225 requires that if an incumbent officer does not file nomination papers by the 88th
day prior to an election, then the nomination period for that office is extended to the 83'd day
before the election.
Financial Impact:
Estimated cost of the primary election is $500,000, and this amount will have to be included in
the FY 2009/2010 budget for that primary election. The estimated cost for the primary election
does not include costs for any ballot measures, nor does it include the cost of a runoff election
should one be required. If a candidate in any of the races does not garner a majority of the votes,
a runoff election will take place on February 2,2010. The estimated cost for a runoff election
will depend on whether it is a city-wide runoff election and/or how many wards are involved in
the runoff election. If a runoff election is required, it will be a stand-alone election and could be
conducted wholly by mail ballots and thereby reduce the cost of conducting a stand-alone
election.
Recommendation:
Adopt resolution.
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S PRIMARY
4 ELECTION BE CONSOLIDATED WITH THE NOVEMBER 3, 2009 CONSOLIDATED
5 ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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10 Charter Section 10 to change the dates of the City's primary election from March of odd-
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with the consolidated election to be conducted by the County of San Bernardino on Tuesday,
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RESOLUTION NO.
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SECTION 1. Recitals.
A.
On June 2, 1992, the voters of the City of San Bernardino voted to amend City
numbered years to November of odd-numbered years and the general election dates from May
to the following February.
B.
Section 2.56.010 (B) of the San Bernardino Municipal Code provides that a
primary election shall be held on the first Tuesday after the first Monday in November 1997,
and a like election shall be held on the first Tuesday after the first Monday in November every
four years thereafter, in the City for the nomination of candidates for the following offices:
1. Mayor;
2. Member of the Common Council from the First Ward;
3. Member of the Common Council from the Second Ward;
4. Member of the Common Council from the Fourth Ward.
C.
It is desirable that the City of San Bernardino's primary election be consolidated
November 3, 2009; that within the City of San Bernardino the precincts, polling places and
election officers for the two elections be the same; that the Registrar of Voters of the County
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S PRIMARY
1 ELECTION BE CONSOLIDATED WITH THE NOVEMBER 3, 2009 CONSOLIDATED
ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO.
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3 of San Bernardino canvass the returns of the City election; and that the consolidated election
4 and the City's primary election be held in all respects as if there were only one election.
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SECTION 2. Primary Election Called.
A primary election is called and will be held
in the City of San Bernardino on Tuesday, November 3, 2009, for the purpose of nominating
candidates for the following offices:
1. Mayor;
2. Member of the Common Council from the First Ward;
3. Member of the Common Council from the Second Ward;
4. Member of the Common Council from the Fourth Ward.
SECTION 3. Request for Consolidation of Elections.
Pursuant to Section 10400 of
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the Elections Code, the Mayor and Common Council of the City of San Bernardino request
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that the Board of Supervisors of the County of San Bernardino consolidate the City's primary
election with the consolidated election to be held on Tuesday, November 3, 2009.
The polls for said election shall be open from 7 a.m. of the day of said election and
shall remain open continuously from said time until 8 p.m. of the same day when said polls
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23 Bernardino is hereby authorized to canvass the returns of the primary election called by this
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shall be closed, except as provided in Section 14401 of the California Elections Code.
SECTION 4. Canvass of Returns.
The Registrar of Voters of the County of San
resolution and to conduct the primary election in all respects as if there were only one election
25 with only one form of ballot. Results of the primary election shall be cenified to the Mayor
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and Common Council of the City of San Bernardino.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S PRIMARY
1 ELECTION BE CONSOLIDATED WITH THE NOVEMBER 3, 2009 CONSOLIDATED
ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO.
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SECTION 5. Notice of Election.
The City Clerk is hereby directed to publish a
notice of the primary election which shall contain the following:
A. The time of the election.
B. The offices to be filled, specifying full or short term.
C. The hours the polls will be open.
SECTION 6. Conduct of Election.
The primary election called by this resolution
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. The Board of Supervisors of 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 hereby authorized
to execute a contract for the services necessary for conducting the primary election. The City
of San Bernardino recognizes that additional costs will be incurred by the County by reason of
this consolidation and agrees to reimburse the County for any such costs.
SECTION 7. Filinlt 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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO'S PRIMARY
1 ELECTION BE CONSOLIDATED WITH THE NOVEMBER 3,2009 CONSOLIDATED
2 ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO.
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
day of
, 2009, by the following vote, to wit:
COUNCIL MEMBERS
ESTRADA
AYES
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NAYS
ABSTAIN
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
McCAMMACK
ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
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JAMES F. PENMAN
City Attorney
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