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HomeMy WebLinkAboutCC Reso No 2009-55Page 1 of 4 RESOLUTION NO. 2009-055 City; and A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE DATE TO BE SET FOR A RECALL SPECIAL MUNICIPAL ELECTION TO BE HELD BY THE CITY WHEREAS, the City of Lake Elsinore, California is a General Law WHEREAS, the City Clerk received a Certification of Sufficiency for a recall petition regarding elected official Councilmember Thomas Buckley; and WHEREAS, California Election Code Section 11240 mandates the City Elections Official to submit such Certification of Sufficiency to the governing body at the next scheduled regular or adjourned regular meeting; and WHEREAS, the City Elections Official presented to the City Council the Certification of Sufficiency on October 13, 2009; and WHEREAS, the City of Lake Elsinore Governing Body refers to the City Council and the City Elections Official refers to the City Clerk; and WHEREAS, California Election Code Section 11241 authorizes the City Council, to order and set the date for a Special Election within 14 days after the presentation of the Certification of Sufficiency submitted to the City Council; and WHEREAS, California Election Code Section 11241 authorizes the Riverside County Registrar of Voters to order and set the date for a Special Election within 5 days after 14th day of the presentation of the Certification of Sufficiency submitted to the City Council should they fail to set the election date; and WHEREAS, California Election Code Section 11221(a)(3) required a minimum of 20 percent if the registration is less than 50,000 but at least 10,000 of validated signatures in order to quality a recall for the ballot, which was met and a Certificate of Sufficiency was issues; and WHEREAS, the City Council and / or the Riverside County Registrar of Voters are authorized and directed by the Elections Code Sections referenced above to submit the proposed recall decision to the voters of the City of Lake Elsinore; and WHEREAS, candidates shall be elected to fill the vacancy if the recall prevails; and Resolution No. 2009-055 Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES RESOLVE, DECLARE, ORDER AND SET THE DATE FOR A RECALL SPECIAL MUNCIPAL ELECTION WHEREAS, the referenced election shall be held on Tuesday, February 23, 2010 for the purpose of submitting the question if Councilmember Buckley shall be recalled, yes or no. WHEREAS, to the question, Shall Thomas Buckley be recalled (removed) from the office of Councilmember of the City Council of Lake Elsinore; if a majority of the voters state "no" then Councilmember Buckley shall not be recalled and shall serve out the rest of his current term which ends November 2010; and WHEREAS, to the question, Shall Thomas Buckley be recalled (removed) from the office of Councilmember of the City Council of Lake Elsinore; if a majority of the voters state "yes" then Councilmember Buckley shall be recalled and shall not serve out the rest of his current term which ends November 2010; and WHEREAS, the voters have the opportunity to choose a candidate to replace Councilmember Buckley in the event the majority of the vote is "yes; and WHEREAS, if the majority of votes received state "yes" and Councilmember Buckley shall be recalled, the candidate who receives the highest number of votes shall serve out the rest of the current term which ends November 2010; and SECTION 1. The ballots to be used at the election, in addition to any other matters required by law, shall be printed substantially like the following: Shall Thomas Buckley be recalled (removed) from the office of YES Councilmember of the City Council of Lake Elsinore? NO FOR Councilmember of the City Council of the City of Lake Elsinore To succeed Thomas Buckley if he is recalled. Term Ending November 2010 Followed b the list of candidates qualifying for this office VOTE FOR ONE Candidate Name Candidate Name Left blank for write-in Candidate SECTION 2. The ballots to be used at the election shall be in form and content as required by law. Resolution No. 2009-055 Page 3 of 4 SECTION 3. 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 4. The polls shall be open at seven o'clock a.m. of the day of the 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, except as provided in California Election Code Section 14401. SECTION 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. The 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. SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 8. It is agreed by the City Council this Resolution shall apply ONLY to the Recall Special Municipal Election of Thomas Buckley and shall automatically be rescinded 60 days after the completion of this election process. PASSED, APPROVED AND ADOPTED ON OCTOBER 27T", 2009. City of Lake Els*re, California Debora Thomsen, CMC City Clerk City of Lake Elsinore, California APPROVED TO arbara geid Leibold, City Attorney City of Lake Elsinore, California ATTEST: Resolution No. 2009-055 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2009-055 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27th day of October, 2009, and that the same was adopted by the following vote: AYES: Bhutta, Hickman, Magee, Melendez. NOES: None ABSENT: Buckley. ABSTAIN: None. EXECUTED this 301h day of October, 2009, at the City Clerk's office of Lake Elsinore, California. ~~d"lGGCJ ~~GyYl~iYl Debora Thomsen, CIVIC, City Clerk City of Lake Elsinore, California