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HomeMy WebLinkAboutReso 1991-16077 RESOLUTION NO. 16077 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE AGAIN OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 4, 1991, FOR THE ELECTION OF MAYOR AS REQUIRED BY THE PROVISIONS OF THE CHARTER, AND REQUESTING THE REGISTRAR OF VOTERS TO CONDUCT AND CONSOLIDATE SAID ELECTION WHEREAS, under the provisions of the Charter, the City Council, by Resolution No. 16056, passed and adopted on February 4, 1991, has called a Special Municipal Election to be held on June 4, 1991, for the election of Mayor whose seat was declared vacant as a result of the death of Mayor Gayle McCandliss; and, WHEREAS, said Resolution was adopted sooner than the expiration of 30 days ("Appointment Period") after the Office of the Mayor was declared vacant; and, WHEREAS, out of an abundance of caution, the City Council desires to call aid election again after the expiration of the Appointment Period in order to avoid any questions as to the propriety of the call of the election; and, WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city or district which has be Registrar to render the services, subject to requirements set forth in that section; and, WHEREAS, the City of Chula Vista is, by this resolution, calling an election to be held on the same day in the same territory as a County-held election; and, WHEREAS, pursuant to Part 2.5 (commencing with Sec. 233000), Division 14 of the Election Code and Section 5342 of the Education Code (with respect to school district and community college district elections) the Board of Supervisors has authority to consolidate public district, city, county, or other political subdivision elections with each other and with a statewide election to be held on the same day. NOW, THEREFORE, the City Council of the City of Chula Vista does resolve, declare, determine and order as follows: Resolution No. 16077 Page 2 - Section 1. Call of Election. That pursuant to the requirements of the Charter, there is hereby called and ordered to be held in the City of Chula Vista, California, on Tuesday, June 4, 1991, a special municipal election for the purpose of electin~ a Mayor for the remainder of the unexpired term of Mayor Gayle McCandllss until November, 1994. Section 2. Ballot Label Form. That the exact form of the office to be voted upon to appear on the ballot and to be submitted to the voters is as follows: "OFFICE: Mayor - Unexpired Term to November, 1994" Section 3. Ballot Form. That the ballots to be used at the election shall be in form and content as required by law. Section 4. Request to Conduct Election. That pursuant to the above-cited provisions, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters to perform and render all services and proceedings incidental to and connected with the conduct of the subject election of the City of Chula Vista with the cooperation and assistance of the Registrar of Voters, such services to include, but not to be limited to the following activities as are appropriate to the subject election. 1. Furnish a tabulation of the number of registered voters in each precinct. 2. Examine the signatures on nomination papers or petitions of candidates for public office. 3. Establish voting precincts, secure locations for polling places, secure the services of election officers for each precinct as required by law, and furnish a list of precincts, polling places, and election officers to be maintained in the office of the Registrar of Voters. 4. Prepare an furnish to the election officers necessary election supplies for the conduct of the election. 5. Cause to be translated, as appropriate, and printed the requisite number of sample ballots, official ballots, rosters, tally sheets, and other necessary forms. ' Resolution No. 16077 Page 3 6. Furnish and address to mail sample ballots to the registered voters of the City of Chula Vista. 7. Cause the sample ballots to be mailed, as required by law. 8. Assemble the election material and supplies into ballot containers and make necessary arrangements for their delivery to the various precincts. 9. Distribute absent voter ballots as required by law. 10. Receive the returns of the elections and supplies. ll. Sort and assemble the election material and supplies in preparation for the canvassing of the returns of the election, 12. Canvass the returns of the election, including the absent voters ballots. 13. Furnish a tabulation of the number of votes given in each precinct. 14. Make all arrangements and take the necessary steps to pay the members of the precinct boards, the polling place rentals, the persons returning the ballot containers, and to pay all other costs of the election incurred as the result of the services performed for the City of Chula Vista and pay for the election officials the amounts prescribed by the Board of Supervisors of the County of San Diego. Section 5. Request to Consolidate Election. That the Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the other elections to be held on the same day, in the same territory, or in territory that is in part the same. Section 6. Delegation of Authority to Conduct Election. That the City Clerk, her designee, or, if the Board of Supervisors of the County of San Diego accepts the City's request to consolidate and/or conduct the City's Special Election, then the County Registrar of Voters, is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Resolution No. 16077 Page 4 ' Section 7. Other Matters. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 8. Authorty to Notice Election. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 9. County Rules Govern if Consolidation Occurs. THat if this consolidation is ordered, then pursuant to Section 23306 (Section 23314, when applicable) of the Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election or elections consolidated hereby. Section lO. Uniform Procedures; Poll Hours. That if this consolidation is ordered, then pursuant to Section 23305 (and Section 23314, when applicable) of the Elections Code and Section 5344 of the Education Code, within the territories affected by this order of consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case be the same, an there shall be only one set of el ection officers in each of the precincts. Otherwise, the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. Section ll. Deposit; Reimbursement. That the County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for this city in connection with the election services herein described and that the sum of One Hundred Twelve Thousand and 00/100 ($112,000.00) shall be deposited in the County Treasurer on or before April 19, 1991, in accordance with the notice of said Registrar which specified that amount as including the estimated costs to conduct the election plus an amount to cover contingencies which could occur to increase costs beyond those normally to be anticipated. Resolution No. 16077 Page 5 Section 12. Indemnity Against Costs of Election Contest. That the City of Chula Vista agrees to indemnify and to save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys fees, as the result of an election contest arising after conduct of this election. Section 13. Copies to Board of Supervisors. That the City Clerk is hereby directed to deliver forthwith certified copies of this resolution to the Clerk of the Board of Supervisors of the County of San Diego, and to the Registrar of Voters of the County of San Diego, and to the County Superintendent of Schools (if appropriate). Section 14. Certification; Minutes. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Section 15. Repeal of Prior Resolution. Any provisions of Resolution Nos. 16055 and 16056, passed and approved on February 4, 1991, inconsistent with the provisions of this resolution are hereby repealed and of no further force and effect. NotwithStaqding the foregoing, Section 7 of Resolution No. 16055, appropriating $112,000 for the purpose of conducting the election shall remain in full force and effect. Section 16. Effective Date. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. Presented by A~~aiiim~~ Beverl~v~A. Authelet ce M. ioogaar City C1 erk City Atto ney Resolution No. 16077 Page 6 - PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of February, 1991 by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Le6nard M. Moore Mayor, Pro-Tempore ATTEST: Beverly X~ Aut~elet, City C erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16077 was duly passed, approved, and adopted by the City Council held on the 26th day of February, 1991. Executed this 26th day of February, 1991.