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HomeMy WebLinkAbout13- City Clerk's Office CITY OF SAN BERNt -"'DINO REQUEST FC71 COUNCIL ACTION From: Rachel Clark, City Clerk Subject: Resolution requesting that the City's special election be consolidated with Del Aty Clerk's Office the March 26, 1996, Presidential Primary Nww° Election to be conducted by the County Date: October 27, 1995 of San Bernardino. Synopsis of Previous Council action: 10/16/95 - Mayor & Common Council adopted Resolution No. 95-370, calling a special election and submitting to the electors a measure to allow card clubs within the City. Recommended motion: Adopt resolution. Signature Contact person: Rachel Clark Phone: 5002 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $35.000 (estimated)* Source: (Acct. No.) 001-032-5505 Acct. Description) Elections ` Finance: / Co' Notes: *To be reimbursed by outside party. 75-0262 Agenda Item No._ CITY OF SAN BERM ADINO - REQUEST FO COUNCIL ACTION STAFF REPORT TO: Honorable Mayor & Members of the City Council FROM: Rachel Clark, City Clerk DATE: October 27, 1995 RE : RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO' S SPECIAL ELECTION BE CONSOLIDATED WITH THE MARCH 26 , 1996 , PRESIDENTIAL PRIMARY ELECTION TO BE CONDUCTED BY THE COUNTY OF SAN BERNARDINO. BACKGROUND INFORMATION: On October 16 , 1995, the Mayor and Common Council adopted Resolution No. 95-370 , calling a special election and submitting to the electors a measure to allow card clubs within the City. This special election is to be consolidated with the State Presidential Primary to be held on Tuesday, March 26 , 1996 . Pursuant to Sections 10400 and 10403 of the Elections Code, the Mayor and Common Council shall, at least 88 days prior to the date of the election, file with the Board of Supervisors, and a copy with the elections official, a resolution requesting the consolidation. December 27, 1995, is the 88th, day before the March 26 , 1996 , election. RECOMMENDATION: Adopt form motion. Raclark City Clerk I Att : 9 I 75-0264 too,,, 0 - 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO' S SPECIAL ELECTION BE CONSOLIDATED WITH THE MARCH 26 , 1996 , PRESIDENTIAL 4 PRIMARY ELECTION TO BE CONDUCTED BY THE COUNTY OF SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS : 7 SECTION 1 . Recitals . 8 A. On October 16, 1995 , the Mayor and Common Council of 9 the City of San Bernardino adopted Resolution No. 95-370 , a 10 certified copy of which is attached, calling a Special Election 11 and submitting to the electors a measure to allow card clubs 12 within the City of San Bernardino. 13 B . It is desirable that the City of San Bernardino' s 14 special election be consolidated with the Statewide Presidential 15 Primary Election to be conducted by the County of San Bernardino 16 on Tuesday, March 26 , 1996 ; that within the City of San 17 Bernardino the precincts, polling places and election officers 18 for the two elections be the same; that the Registrar of Voters 19 of the County of San Bernardino canvass the returns of the City e 20 election; and that the Statewide Presidential Primary Election 21 and the City' s Special Election be held in all respects as if 22 there were only one election. 23 SECTION 2 . Special Municipal Election Called. A special 24 municipal election is called and will be held in the City of San 25 Bernardino on Tuesday, March 26 , 1996 , for the purpose of 26 submitting to the qualified electors of the City, for their 27 1 28 1 approval or disapproval, the measure set forth herein. A. Measure . The measure to be voted on at the special 2 3 municipal election as it is to appear on the ballot shall be as follows : 4 5 Measure Shall card clubs Yes 6 in which any games permitted by law, such as draw poker, low- 7 ball poker and panguingue (pan) , No are played be allowed in the 8 City of San Bernardino? 9 The measure shall be designated on the ballot by a letter 10 printed on the left margin of the square containing the 11 description of the measure as provided in the Elections Code of 12 the State of California. 13 SECTION 3 . Request for Consolidation of Elections . 14 pursuant to Section 10400 of the Elections Code, the Mayor and 15 Common Council of the City of San Bernardino request that the 16 Board of Supervisors of the County of San Bernardino consolidate 17 the City' s Special Municipal Election with the Statewide 18 Presidential Primary Election to be held on Tuesday, March 26 , 19 1996 . 20 The polls for said election shall be open at 7 : 00 a.m. of 21 the day of said election and shall remain open continuously from 22 said time until 8 : 00 p.m. of the same day when said polls shall 23 be closed, except as provided in Section 14401 of the California 24 Elections Code . 25 26 27 2 28 1 SECTION 4 . Canvass of Returns . The Registrar of Voters 2 of the County of San Bernardino is hereby authorized to canvass 3 the returns of the Special Municipal Election called by this 4 resolution and to conduct the Special Municipal Election in all 5 respects as if there were only one election with only one form 6 of ballot . Results of the Special Municipal Election shall be 7 certified to the Mayor and Common Council of the City of San 8 Bernardino . 9 SECTION 5 . Notice of Election. The City Clerk is 10 hereby directed to publish a notice of the Special Municipal 11 Election which shall contain the following: 12 A. The time of the election. 13 B . The measure to be voted upon. 14 C. The hours the polls will be open. 15 SECTION 6 . Conduct of Election. The Special Municipal 16 Election called by this resolution shall be held in such 17 precincts and at such polling places as shall be determined by 18 the Registrar of Voters of the County of San Bernardino. The 19 Board of Supervisors of the County of San Bernardino is hereby 20 requested to issue instructions to the Registrar of Voters to 21 take all steps necessary for the holding of the consolidated 22 election. The Mayor is hereby authorized to execute a contract 23 for the services necessary for conducting the Special Municipal 24 Election. The City of San Bernardino recognizes that additional 25 costs will be incurred by the County by reasons of this 26 consolidation and agrees to reimburse the County for any such 27 3 28 1 costs . 2 SECTION 7 . Filing of Resolution. The City Clerk of the 3 City of San Bernardino is directed to file a certified copy of 4 this resolution with the Board of Supervisors of the County of 5 San Bernardino. i 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 8 Bernardino at a meeting thereof, held on the 9 day of 1995, by the following vote, to 10 wit . 11 COUNCIL MEMBERS AYES NAYS ABSENT ABSTAIN 12 NEGRETE 13 CURLIN 14 HERNANDEZ 15 OBERHELMAN 16 DEVLIN 17 POPE-LUDLAM 18 MILLER 19 20 Rachel Clark, City Clerk 21 22 23 24 25 26 27 4 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING THAT THE CITY OF SAN BERNARDINO' S SPECIAL 2 ELECTION BE CONSOLIDATED WITH THE MARCH 26 , 1996 , PRESIDENTIAL PRIMARY ELECTION TO BE CONDUCTED BY THE COUNTY OF SAN 3 BERNARDINO. 4 5 The foregoing resolution is hereby approved this 6 day of 1995 . 7 8 Tom Minor, Mayor City of San Bernardino 9 10 Approved as to form and legal content : 11 JAMES F. PENMAN 12 City Attorney 13 By: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5 28 i 1 ;1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF SAN BERNARDINO 311 I I, RACHEL CLARK, City Clerk in and for the City of San 411 Bernardino DO HEREBY CyRTIFY that the foregoing and attached ! copy of the San Bernardino City Resolution No. 95-370 is a full, 511 true and correct copy of that now on file in this office. I 611 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the / 1'I official seal of the City of San Bernardino this 27th day of October 1995 . $I _ 91 � d _ity Clerk loll 11 . ✓ By �4z�'(Z-o 12;1 4-st nna Cordova, Deputy 11 131 1 141 151' i 161 i 17 1'1' 181; 1911 201 2111 �I 2211 231 i 24 i 2511 1 26 2711 ' i 281 i tido RESOLUTION NO. 95-370 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO CALLING A SPECIAL ELECTION AND SUBMITTING TO THE ELECTORS A MEASURE TO ALLOW CARD CLUBS WITHIN THE CITY OF SAN 3 BERNARDINO 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Special Municipal Election Called. 8 A special municipal election is called and will be held in the City of San Bernardino on 9 Tuesday, March 26, 1996, for the purpose of submitting to the qualified electors of the City, for 10 their approval or disapproval, the measure set forth herein. 11 SECTION 2. Measure. 12 13 The measure to be voted on at the special municipal election as it is to appear on the ballot shall be as follows: 14 15 Measure . Shall card clubs in which Yes ❑ 16 any games permitted by law, such as draw poker, low-ball poker and panguingue (pan) 17 are played be allowed in the City of San No ❑ Bernardino? 18 19 The measure shall be designated on the ballot by a letter printed on the left margin of 20 the square containing the description of the measure as provided in the Elections Code of the 21 State of California. 22 23 SECTION 3. Notice of Election. 24 The City Clerk is hereby directed to publish a notice of the special municipal election 25 which shall contain the following: { 26 A. The date of the election; 27 B. That the last day for receipt of primary arguments for or against the measure has 28 been established as 4:30 p.m. on January 5, 1996 , in the City Clerk's Office, Second Floor, DAB/tbm [Cardclub.res] 1 October 2, 1995 RESOLUTION . . . SUBMITTING TO THE ELECTORS A PROPOSED MEASURE WHICH WOULD ALLOW CARD CLUBS WITHIN THE CITY 1 City Hall, 300 North "D" Street, San Bernardino, California; 2 C. That the last day for receipt of rebuttal arguments is 4:30 p.m. on 3 January 12 , in the City Clerk's Office at the above location. 4 The City Clerk is directed to accept arguments and arrange for sample ballots, in 5 accordance with Section 306, and Section 9600, et seq. of the Elections Code. 6 This notice may be combined with a notice of any other regular or special municipal 7 election to be held on the same date. 8 9 SECTION 5. Conduct of Election. 10 The special municipal election called by this resolution shall be conducted by all mail 11 ballot pursuant to law, unless it is combined with a general election to elect City officers. The 12 City Clerk shall take all steps necessary for the holding of the election. 13 14 SECTION 6. Effective Date. 15 The Mayor and Common Council understand, and the electorate shall be informed, that 16 pursuant to Business and Professions Code § 19819.5, effective on January 1, 1996, gaming may 17 not be authorized by local jurisdictions for the effective period of the statute, and that if the 18 19 election called by this resolution results in an affirmative vote to authorize gaming within the 20 City of San Bernardino that such authorization shall not be effective until the moratorium period 21 now or hereafter specified in Business and Professions Code § 19819.5 either expires or is repealed. 22 23 24 25 26 27 28 DAB/tbm [Cardclub.res] 2 October 2, 1995 RESOLUTION . . . SUBMITTING TO THE ELECTORS A PROPOSED MEASURE WHICH WOULD ALLOW CARD CLUBS WITHIN THE CITY •�,,,. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 1 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 2 16th day of october1995, by the following vote, to-wit: 3 Council Members: AYES NAYS ABSTAIN ABSENT 4 NEGRETE x 5 CURLIN x 6 HERNANDEZ x 7 OBERHELMAN x 8 DEVLIN x 9 POPE-LUDLAM x 10 MILLER x 11 12 Cit Jerk 13 14 The foregoing Resolution is hereby approved this /14day of October , 1995. 15 16 Tom Minor, ayor City of San Bernardino 17 Approved as to form and legal content: 18 JAMES F. PENMAN, 19 City Attorney 20 B 21 22 23 24 25 26 27 28 DAB/tbm [Cardclub.res] 3 October 2, 1995