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HomeMy WebLinkAboutReso 2010-011 - Special Election ~ ~ . . RESOLUTION NO. 2010 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING CALLING FOR A SPECIAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION ON JUNE 8,2010, AND APPROVING THE PLACING OF A SPECIAL MEASURE ON THE BALLOT RELATING THE ELECTIVE NATURE OF THE CITY CLERK POSITION WHEREAS, the City Council desires to submit to the voters of the City of Redding at a Special Municipal Election to be consolidated with the Statewide General Election on June 8, 2010, a question relating to the City Clerk position; and WHEREAS, State statute provides that the City Clerk position shall be elective; and WHEREAS, State statute also provides that the City may submit a measure to the voters asking if the City Clerk position should be appointive. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES RESOLVE AS FOLLOWS: Section 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election consolidated with the Statewide General Election scheduled for June 8, 20 I 0, the following ballot measure: Yes Shall the office of City Clerk be appointive? No A "yes" vote shall be counted in favor of having the positions become appointive. A "No" vote shall be counted against having the positions be appointive. Section 2. That the proposed measure submitted to the voters shall read: ~ ----..... () \ ........, - The people of the City of Redding do hereby request: The City Clerk shall no longer be an elective official ofthe City of Redding. From and after December 5, 2010, or upon an earlier vacancy in the office of City Clerk, the City Clerk shall be appointed by the City Rescinded by Resoltuion No. 2010 - 30 > . . Council. The City Clerk so appointed shall hold office at the pleasure of the City Council and, notwithstanding California Government Code Section 36502 to the contrary, is not required to be a resident or elector in the City. The City Council may by ordinance vest in the City Manager its authority to appoint the City Clerk. Section 3. Pursuant to Elections Code section 10403, the City Council requests the Board of Supervisors of the County of Shasta to consolidate this City measure with the General Statewide Election to be held June 8, 2010. Section 4. The City Council authorizes any and all members of the City Council (or anyone assigned by a Council member) to file a written argument in favor or against the City measure, accompanied by the printed name( s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code ofthe State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Section S. Pursuant to Elections Code section 9286 the City Clerk has established March 15,2010, 5:00 p.m. as the deadline for the submission of arguments in favor of and arguments against the question. If more that one argument for or more than one argument against the question is submitted, the priorities set forth in Elections Code section 9287 shall control. Section 6. Pursuant to Elections Code section 9285 (b) the City Council hereby adopts the provisions of Elections Code section 9285 (a) allowing the filing of rebuttal arguments. The deadline for filing rebuttal arguments shall be 5:00 p.m., March 25,2010. Section 7. The City Clerk is instructed to transmit the ballot measure to the City Attorney along with a request that an impartial analysis be prepared for the ballot measure. Section 8. Pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered a special municipal election to be consolidated with the Statewide General Election held in the City of Redding on Tuesday, June 8, 2010, for the purpose of placing a measure to the voters of Redding relating to the elective nature of the City Clerk position. Section 9. The City Clerk is authorized, instructed and directed to work with the Shasta County Clerk and Registrar as needed in order to properly and lawfully conduct the election. The ballots to be used in the election shall be in form and content as required by law. The County is authorized to canvass the returns of the general municipal election. Section 10. The Board of Supervisors is requested to instruct the Shasta County Clerk and Registrar to provide such services as may be necessary for the holding of the consolidated election. The election shall be held in all respects as if there were only one election. The City of Redding recognizes that the County will incur additional costs because of this consolidation and agrees to reimburse the County for those costs. Section 11. The polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. that same day, when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. The notice of the time and place of holding the election is hereby given, and the City Clerk is authorized to give further notice of the election, as required by law. ~ . . . Section 12. 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 13. The City Clerk is directed to file a certified copy of this resolution with the Shasta County Board of Supervisors and the Shasta County Clerk and Registrar. Section 14. This resolution shall become effective immediately upon its passage and adoption. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting of the City Council on the 19th day of January, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, McArthur, and Stegall Dickerson and Jones None None Attest: Form Approved: ! ! J :- . J.. ~ !)I/../I- .'(, . ." RICH~ ~~Attorney ~~, PAMELA: MIZE, DeputfCity Clerk '- ,~ \. " ~ . ~., \'