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HomeMy WebLinkAbout2018-026 - Rescinding Resolution Nos. 2018-015RESOLUTION NO.2018-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING RESOLUTION NOS. 2018-015, 2018-016 AND 2018-017 WHEREAS, On March 6, 2018 the City Council of the City of Santa Ana adopted Resolution Nos. 2018-015, 2018-016 and 2018-017 related to the calling of an election; and WHEREAS, the Clerk of the Council, in carrying out her ministerial duties, asked the Mayor to sign the Resolutions as provided for in the City Charter in order for her to submit fully executed copies of the Resolutions to the Orange County Registrar of Voters by the deadline established by the Elections Code; and WHEREAS, the Mayor refused to sign the Resolutions based on his personal objections, including objections to the process and questioning whether the action taken by the Council was legal; and WHEREAS, after the deadline to submit the Resolutions passed, the City Council directed outside legal counsel to seek legal relief in order to ensure that the election would be held as provided for in the Resolutions; and WHEREAS, outside legal counsel sought to compel the Mayor's signature and an order requiring the County Registrar to accept the Resolutions after they were signed; and WHEREAS, on April 6, Judge Glenn Salter, through a Peremptory Writ of Mandate, ordered Mayor Miguel Pulido to sign the Resolutions by April 9, 2018, but did not compel the Registrar to accept the Resolutions; and WHEREAS, on April 9, 2018, outside legal counsel sought a writ to compel the acceptance of the Resolutions and such writ was denied, effectively depriving the City of the ability to hold the planned election at the June 5, 2018 Statewide Primary Election; and WHEREAS, now the Resolutions are rendered irrelevant and have no further legal force or effect, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: SECTION 1: Rescission of Resolution Nos. 2018-015. 2018-016 and 2018-017 and all Associated Approvals and Authorizations Thereunder. The City Council hereby rescinds the aforementioned Resolutions and upon adoption of this Resolution, the Resolutions and all related approvals and authorizations shall have no further legal force Resolution No. 2018-026 Page 1 of 3 or effect; provided, however, that the Council direction to analyze and make recommendations concerning ward re -boundaries shall remain in effect. SECTION 2. Effect. This Resolution shall take effect immediately upon its adoption by a majority of the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 17th day of April, 2018. APPROVED AS TO FORM: By: CAS ' J --- Sonia R. Carvalho, City Attorney AYES: Councilmembers Benavides Sarmiento Solorio, Tinalero, Villegas (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Martinez Pulido (2) Resolution No. 2018-026 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018 -026 to be the original resolution adopted by the City Council of the City of Santa Ana on April 17, 2018. Date: Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No, 2018-026 Page 3 of 3