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HomeMy WebLinkAbout2019-058 - Municipal Election November 5, 2019 RESOLUTION NO. 2019-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON TUESDAY, NOVEMBER 5, 2019 TO ELECT CERTAIN OFFICERS OF THE CITY OF SANTA ANA AND REQUESTING THAT THE COUNTY OF ORANGE CONSOLIDATE THE CITY'S SPECIAL ELECTION ON TUESDAY NOVEMBER 5, 2019 WITH THE SANTA ANA UNIFIED SCHOOL DISTRICT'S SPECIAL VACANCY ELECTION ON NOVEMBER 5, 2019 AND THAT THE COUNTY OF ORANGE CONDUCT THE CONSOLIDATED ELECTION AND CANVASS THE RETURNS ON BEHALF OF THE CITY OF SANTA ANA WHEREAS, On March 1, 2019, the Councilmember for Ward 4 submitted his resignation. WHEREAS, in the case of a Council vacancy, Santa Ana City Charter section 403, provides that the City Council shall declare the office vacant and fill the same by appointment or, "...(i)f the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy". WHEREAS, on March 22, 2019, the City Council, having failed to fill the Ward 4 vacancy by appointment, took action to proceed with a special election to be held on November 5, 2019 to fill the vacant Ward 4 council member office. WHEREAS the Santa Ana Unified School District has also called for a special vacancy election to be held on Tuesday November 5, 2019 to fill a vacant seat on the School Board. WHEREAS the City special municipal election and the Santa Ana Unified School District's special vacancy election can be consolidated pursuant to California Elections Code section 10400. WHEREAS consolidation of the City's special election with the Santa Ana Unified School District's special vacancy election will result in decreased cost to the City as a result of conducting the election. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Resolution 2019-058 Page 1 of 3 A. The City Council of the City of Santa Ana calls, orders, and gives notice that a special municipal election will be held in the City of Santa Ana on Tuesday, November 5, 2019 for the purpose of filling the vacancy for the office of City Councilmember for the City's Ward 4, created by Roman Reyna's resignation, for the remainder of the term of office expiring in December 2022. B. It is desirable that special municipal election of the City of Santa Ana on Tuesday, November 5, 2019, be consolidated with the Santa Ana Unified School District's special vacancy election to be held on the same date, and that i) within the City of Santa Ana, the precincts and polling places be the same for both elections, and ii) the Board of Supervisors of the County of Orange canvass the returns of both elections in all respects as if there were only one election. C. The Clerk of Council is authorized, instructed, and directed to give further notice of the election, in the time, form and manner required by law. Section 2: Pursuant to Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order consolidation of the November 5, 2019, special municipal election of the City of Santa Ana for the purpose of filing the vacancy for the City Councilmember office of the City's Ward 4 for the remainder of the term of office expiring in December 2022 with the Santa Ana Unified School District's special vacancy election to held on the same date. The City further requests that the consolidated special election be conducted by the Orange County Registrar of Voters and that it be held and conducted in accordance with the provisions of law regulating elections. Section 3: The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said special municipal election pursuant to Section 10411 of the Elections Code of the State of California. Section 4: The City of Santa Ana recognizes that additional costs will be incurred by the County due to providing election services and canvassing returns for this special municipal election and agrees to reimburse the County of Orange for any such costs. Section 5: The polls for the election shall be open at seven o'clock a.m. on the day of 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, pursuant to Election Code section 10242, except as provided in Section 14401 of the Elections Code of the State of California. Section 6: In all particulars not recited in this resolution, the election shall be held and conducted as provided for by the applicable law for holding municipal elections. Section 7: The Clerk of Council is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Orange and a certified copy of this Resolution with the Registrar of Voters of the County of Orange. Resolution 2019-058 Page 2 of 3 Section 8: This Resolution shall take effect immediately upon its adopting by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 2nd day of July, 2019. Mi el A. Pulido Mayor APPROVED AS TO FORM: SONIA R.. CARVALHO, City Attorney By: &UAW A-. eisivetxu.- Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers Iglesias, Penaloza, Pulido, Solorio, Villegas (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Sarmiento (1) * Ward 4 representative vacant. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-058 to be the original resolution adopted by the City Council of the City of Santa Ana on July 2, 2019. Date: ( 4) pe0/9' �M Norma Mitre Acting Clerk of the Council City of Santa Ana Resolution 2019-058 Page 3 of 3