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HomeMy WebLinkAboutReso 2010-181RESOLUTION NO. 2010-181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 2, 2010, TO INCLUDE A SPECIAL RUN-OFF ELECTION TO ELECT ONE MEMBER OF THE CITY COUNCIL, PURSUANT TO CHULA VISTA CHARTER SECTION 300(G); CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AND AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION WHEREAS, no candidate received more than fifty percent of the votes cast for Seat 2 of the Chula Vista City Council at the General Municipal Election held on June 8, 2010; and WHEREAS, on June 8, 2010, the Council adopted Resolution No. 2010-148, calling and giving notice of a Special Municipal Election on November 2, 2010 for the purpose of submitting to the voters a measure relating to the City's Telecommunications Users' Tax and the Council wishes to also authorize and call for arun-off election for Seat 2 of the Chula Vista City Council at the November 2, 2010 Special Municipal Election called for by Resolution 2010-148; and WHEREAS, under the provisions of the Charter of the City of Chula Vista, a Special Municipal Election shall be held on Tuesday, November 2, 2010, for the purpose of conducting a run-off election between the two candidates for Member of the City Council, Seat 2 who received the highest and second highest number of votes cast; 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 by resolution requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, it is desirable that the County of San Diego Registrar of Voters conduct the election and canvass the returns of said Special Municipal Election, and that the City Clerk be authorized to carry out all other necessazy procedures for such election; and WHEREAS, sufficient funding is anticipated to be allocated in the Fiscal Year 2010/2011 General Fund budget for the payment of costs relating to the placement of the run-off election for Seat 2 of the Chula Vista City Council on the November 2, 2010 ballot. Resolution No. 2010-181 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION 1. All of the foregoing recitals aze true and correct. SECTION 2. Pursuant to the requirements of the Chula Vista Charter and the laws of the State of California, a Special Municipal Election will be held on Tuesday, November 2, 2010 to hold arun-off election to elect one Member of the City Council for a full term of four yeazs, commencing December 7, 2010. SECTION 3. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day, in the same territory. Pursuant to Section 10411 and Section 10418 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 the ballot shall be used; and (c) the Registraz of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of returns of the election consolidated hereby. SECTION 4. Pursuant to Section 10410 and Section 10418 of the Elections Code within the territories affected by this consolidation, the elections precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of elections officers in each set of the precincts. SECTION 5. The County of San Diego shall be reimbursed in full for the services performed by the Registraz of Voters for the City of Chula Vista upon presentation of a bill therefor, and this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys' fees, as a result of an election contest arising after conduct of this election. SECTION 6. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registraz of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the election. SECTION 7. That the ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used therefor. SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 9. That notice of the time and place of holding the election is hereby 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 10. That the City Clerk shall certify to the passage and adoption of this resolution, and file it with the City's original resolutions. Resolution No. 2010-181 Page 3 Presented by ,~~. ~ ~,4,4.~ Donna R. Norris City Clerk Approved as to form by G J , B . Miesf /~ City Atto PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of July 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, Ma r ATTEST: Donna R. Norris, MC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-181 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of July 2010. Executed this 13th day of July 2010. d'~.~~D11,G~1/ ~ eL,~/S,c~ Donna R. Norris, CMC, City Clerk