HomeMy WebLinkAbout20- City Clerk's Office CITY OF SAN BERNA INO REQUEST FOr COUNCIL ACTION
=rom: Rachel Clark, City Clerk Subject: Resolution requesting that the City's
special election be consolidated with
)ept: City Clerk's Office the March 26, 1996, Presidential Primary
Election to be conducted by the County
Sate: October 27, 1995 of San Bernardino.
iynopsis 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: ��
Council Notes: *To be reimbursed by outside party.
ll
75-0262 Agenda Item No. 0
CITY OF SAN BERNX I)INO - REQUEST FG, "' 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.
Rachel Clark
City Clerk
Att : 9
75-0264
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
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
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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 .
6 I HEREBY CERTIFY that the foregoing resolution was duly
7 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 . I
4
5 The foregoing resolution is hereby approved this
6 day of 1995 .
7
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 / //
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27 5
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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.
7
A special municipal election is called and will be held in the City of San Bernardino on
8
Tuesday, March 26, 1996, for the purpose of submitting to the qualified electors of the City, for
9
their approval or disapproval, the measure set forth herein.
10
11
SECTION 2. Measure.
12
The measure to be voted on at the special municipal election as it is to appear on the
13
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
election called by this resolution results in an affirmative vote to authorize gaming within the
19
City of San Bernardino that such authorization shall not be effective until the moratorium period
20
now or hereafter specified in Business and Professions Code § 19819.5 either expires or is
21
repealed.
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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
2 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
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
13 Ci lerk
14 The foregoing Resolution is hereby approved this /14day of October 1995.
15
16 Tom Minor, Mayor
City of San Bernardino
17 Approved as to form
and legal content:
18
JAMES F. PENMAN,
19 City Attorney
20
B .
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DAB/tbm [Cardclub.res] 3 October 2, 1995