HomeMy WebLinkAboutR-10425 Holding All Mail Ballot Special Election June 18, 2013 to Fill Vacant Council SeatRESOLUTION NO . 10425 (2013 SERIES )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA CALLING AN D
GIVING NOTICE OF THE HOLDING OF AN ALL MAIL BALLOT SPECIAL
MUNICIPAL ELECTION TO BE HELD TUESDAY, JUNE 18, 2013, FOR TH E
ELECTION OF A CITY COUNCIL MEMBER TO FILL A VACANCY AND ADOPTIN G
REGULATIONS FOR CANDIDATES' STATEMENTS AS REQUIRED BY TH E
PROVISIONS OF THE CITY CHARTER AND LAWS OF THE STATE O F
CALIFORNIA
WHEREAS,a Council vacancy currently exists by virtue of the resignation o f
Councilmember Andrew Carter from an unexpired term ending December 1, 2014 ; and
WHEREAS,the City Council has determined that it is unable to fill the vacancy b y
appointment pursuant to San Luis Obispo Charter Section 406 and has directed that the vacanc y
shall be filled by a Special Municipal Election to be held Tuesday, June 18, 2013, for the election a
Municipal Officer ; in accordance with the provisions of Article III of the San Luis Obispo Cit y
Charter and Chapter 2 .42 of the San Luis Obispo Municipal Code .
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Lui s
Obispo does declare, determine and order as follows :
SECTION 1 .Pursuant to Article III, Section 303 of the City Charter and Title 2, Chapte r
2 .42 of the City Municipal Code, an All Mail Ballot Special Municipal Election shall be hel d
Tuesday, June 18, 2013, for the purpose of electing one Council Member to serve out the balance o f
an unexpired term ending December 1, 2014 .
SECTION 2 . Pursuant to Election Code Section 13307, each candidate may submit wit h
the nomination papers a Statement of Qualifications of the candidate of no more than 200 words ,
which statement will be printed and mailed out with the voters' pamphlet .
SECTION 3 . The candidate shall be required to pay for the cost of printing the candidate's
statement in the voters' pamphlet . The City Clerk shall estimate the total cost of printing, handling ,
and mailing the candidates' statements filed pursuant to this section, and require each candidat e
filing a statement to pay in advance to the City his or her estimated pro rata share as a condition o f
his or her statement in the voters' pamphlet . Accordingly, the City Clerk is not bound by th e
estimate and may, on a pro rata basis, bill the candidate for any additional actual expense or refun d
any excess amount paid depending on the final actual cost . Said amount will include the cost for th e
translation and printing in the voters' pamphlet the statement in Spanish, if requested by th e
candidate . In the event of overpayment, the Clerk shall prorate the excess amount among th e
candidates and refund the excess amount paid within 30 days following notification by the Registra r
of Voters office of the exact cost .
SECTION 4 . That the ballots to be used at the election shall be in form and content a s
required by law .
R 10425
Resolution No . 10425 (2013 Series )
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SECTION S .That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment an d
paraphernalia that may be necessary in order to properly and lawfully conduct the election by al l
mail ballot .
SECTION 6 .That pursuant to the City of San Luis Obispo Municipal Code, and othe r
applicable provisions of the City Charter and Ordinances of the City of San Luis Obispo, sai d
Election shall be conducted by all mail ballot, and shall be conducted pursuant to Chapter 2 o f
Division 4 (Commencing with Section 4100) of the California Elections Code only insofar a s
required by law, and only where not inconsistent with the Charter and ordinances of the City o f
San Luis Obispo . Notwithstanding Elections Code Section 4103, ballots cast in this Electio n
shall be returned to the office of the City Clerk no later than 8 :00 p .m . on Election Day . Only
ballots received in the office of the City Clerk by eight o'clock p .m. on Election Day shall b e
counted .
SECTION 7 . That in all particulars not recited in this resolution, the election shall b e
held and conducted as provided by law for holding municipal elections .
SECTION 8 .That notice of the time and place of holding the election is given and th e
City Clerk is authorized, instructed and directed to give further or additional notice of th e
election, in time, form and manner as required by law .
SECTION 9 .That the City Clerk shall certify to the passage and adoption of thi s
Resolution and enter it into the book of original Resolutions .
SECTION 10 .The City Council authorizes the City Clerk to administer said electio n
and all reasonable and actual election expenses shall be paid by the City upon presentation of a
properly submitted bill .
Upon motion of Vice Mayor Smith, seconded by Council Member Ashbaugh, and on th e
following roll call vote :
AYES :
Council Members Ashbaugh and Carpenter, Vice Mayor Smith an d
Mayor Marx
NOES :
None
ABSENT : None
Resolution No . 10425 (2013 Series )
Page 2
The foregoing resolution was adopted this 20th day of February 2013 .
ATTEST :
APPROVED AS TO FORM :
stine Dietrick
City Attorney