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55B - RESO - RESCIND ELECTION RESOS
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55B - RESO - RESCIND ELECTION RESOS
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Last modified
4/13/2018 4:52:20 PM
Creation date
4/13/2018 4:47:16 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
55B
Date
4/17/2018
Destruction Year
2023
Document Relationships
65B - BY-WARD BASED ELECTIONS
(Related to)
Path:
\Agenda Packets / Staff Reports\City Council (2004 - Present)\2018\03/06/2018
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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />APRIL 17, 2018 <br />TITLE: <br />ADOPT A RESOLUTION RESCINDING <br />PREVIOUSLY ADOPTED ELECTION <br />RESOLUTIONS RELATED TO BALLOT <br />MEASURE CONCERNING BY -DISTRICT <br />ELECTIONS ON THE JUNE 5, 2018 <br />STATEWIDE PRIMARY ELECTION <br />BALLOT {STRATEGIC PLAN NO. 5, 11 <br />I Y MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />U:U0i04 <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 16' Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt Resolution Rescinding Resolution Nos. 2018-015, 2018-016 and 2018-017, deeming them <br />and related actions of no further legal force or effect. <br />DISCUSSION <br />On March 6, 2018, four City Council Members, comprising a majority of the City Council, adopted <br />the aforementioned Resolutions calling for an election at which voters could consider the adoption <br />of an amendment to the Santa Ana City Charter, providing for by -ward, or in other words, by -district <br />election of City Council Members. The Clerk of the Council, in carrying out her ministerial duties, <br />asked the Mayor to sign the Resolutions as provided for in the City Charter in order for her to submit <br />fully executed copies of the Resolutions to the Orange County Registrar by the deadline established <br />in the Elections Code. The Mayor declined to sign the Resolutions and the Registrar declined to <br />accept the approved, but not signed Resolutions. After engaging outside legal counsel and pursuing <br />all legal avenues to ensure an election, the Court of Appeal denied a final writ. This resulted in <br />depriving the City of the ability to hold the planned consolidated special election with the June 5, <br />2018 Statewide Primary Election. As a result, the Resolutions are rendered irrelevant and have no <br />further legal force or effect. Therefore, the City Council is advised to rescind the previously adopted <br />Resolutions and approve the proposed Resolution which is attached to this staff report. <br />STRATEGIC PLAN ALIGNMENT <br />Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, <br />Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement <br />initiative to expand access to information and create opportunities for stakeholders to play an active <br />role in discussing public policy and setting priorities). <br />5513-1 <br />
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