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HomeMy WebLinkAboutCC Reso 2019-04 RESOLUTION NO. 2019-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL ALL-MAIL BALLOT ELECTION IN DISTRICT 1 IN CATHEDRAL CITY ON TUESDAY, AUGUST 27, 2019, FOR THE ELECTION OF A COUNCIL MEMBER TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAW OF THE STATE OF CALIFORNIA AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE THE SPECIAL ALL- MAIL BALLOT MUNICIPAL ELECTION WITH THE SPECIAL ALL-MAIL BALLOT ELECTION TO BE HELD ON THAT SAME DATE WHEREAS, Gregory S. Pettis was re-elected to serve on the Cathedral City City Council on November 8, 2016, with the term expiring and ending with the November 2020 General Municipal Election; and WHEREAS, on January 15, 2019 a vacancy was created by the death of Councilmember Gregory S. Pettis; and WHEREAS, pursuant to Government Code section 36512, the City Council has 60 days from the date of the vacancy to either appoint a person or call a special election to fill the vacancy; and WHEREAS, after careful consideration and hearing the desires of the community, the City Council voted on February 27, 2019, to hold a special election within Council District 1 to fill the vacancy; and WHEREAS, Government Code section 36512 provides that if a special election is called to fill the vacancy the special election must be on the next regularly established election date that is not less than 114 days from the call of the special election; and WHEREAS, the earliest scheduled election, that is at least 114 days from the date of calling a special election, is an all-mail ballot election scheduled to be held on August 27, 2019, pursuant to Elections Code section 1500; and WHEREAS, it is desirable that such Special Election within the City be consolidated with the all-mail ballot special election to be held on the same date and that the county election department of the County of Riverside canvass the returns of the General Municipal Election and that the election be held on all respects as if there were only one election; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the Cathedral City Charter, Cathedral City Municipal Code chapter 1.12, and the general laws of the State of California, there is called and ordered to be held in the City of Cathedral City, California, on Tuesday, August 27, 2019, a special election in City Council District 1 to be conducted by an all-mail ballot for the purpose of electing one member of the City Council to fill the remaining term of former City Councilmember Gregory Pettis. SECTION 2. Pursuant to the requirement of Section 10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a special all-mail ballot election in Cathedral City Council District 1 for the purpose of electing one member of the City Council to fill the remaining term of former City Councilmember Gregory Pettis, which shall expire with the November 2020 General Municipal Election. SECTION 3. The ballots to be used at the election shall be in the form and content as required by law. SECTION 4. The City Clerk 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. SECTION 5. The election will be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter and ordinances of the City of Cathedral City. SECTION 6. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. The County Registrar of Voters is authorized to canvass the returns of the Regular Municipal Election. The Election shall be held in all steps necessary for the holding of the consolidated election. SECTION 8. The Board of Supervisors is requested to issue instruction to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 9. The City of Cathedral City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 10. 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. Notwithstanding the generality of the foregoing, the City Clerk is hereby instructed to act in conformance with the California Elections Code Section 10403 and to file this Resolution with the Board of Supervisors of Riverside County and to transmit a copy of the same to the Riverside County Elections Official. SECTION 11. In the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the elections official, the City Council, in accordance with Election Code section 15651(a), will set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot. SECTION 12. The City Clerk shall certify the adoption of this Resolution and enter it into the Book of Resolutions. PSSED, APPROVED AND ADOPTED this 13th day of March, 2019. I Mark neva e, Mayor Cathedral City ATTEST: APPROVED AS Te `RM: itt,c Cry4eNI,c_sib . Tracey R�artinek, City Clerk Eric S. Vail, City Attorney Cathedral City I, TRACEY R. MARTINEZ, CITY CLERK of the City of Cathedral City, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Cathedral City held on the 13th day of March, 2019 by the following vote: AYES: Councilmember Gregory, Mayor Pro Tem Aguilar and Mayor Carnevale NOES: Councilmember Gutierrez ABSENT: None ABSTAIN: None 1 Tracey F Martinez, City Cle