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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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RESOLUTION NO. 2018- <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA RESCINDING RESOLUTION NOS, 2018-015, <br />2018-016 AND 2018-017 <br />WHEREAS, On March 6, 2018 the City Council of the City of Santa Ana adopted <br />Resolution Nos. 2018-015, 2018-016 and 2018-017 related to the calling of an election; <br />and <br />WHEREAS, the Clerk of the Council, in carrying out her ministerial duties, asked <br />the Mayor to sign the Resolutions as provided for in the City Charter in order for her to <br />submit fully executed copies of the Resolutions to the Orange County Registrar of Voters <br />by the deadline established by the Elections Code; and <br />WHEREAS, the Mayor refused to sign the Resolutions based on his personal <br />objections, including objections to the process and questioning whether the action taken <br />by the Council was legal; and <br />WHEREAS, after the deadline to submit the Resolutions passed, the City Council <br />directed outside legal counsel to seek legal relief in order to ensure that the election would <br />be held as provided for in the Resolutions; and <br />WHEREAS, outside legal counsel sought to compel the Mayor's signature and an <br />order requiring the County Registrar to accept the Resolutions after they were signed; <br />and <br />WHEREAS, on April 6, Judge Glenn Salter, through a PeremptoryWrit of Mandate, <br />ordered Mayor Miguel Pulido to sign the Resolutions by April 9, 2018, but did not compel <br />the Registrar to accept the Resolutions; and <br />WHEREAS, on April 9, 2018, outside legal counsel sought a writ to compel the <br />acceptance of the Resolutions and such writ was denied, effectively depriving the City of <br />the ability to hold the planned election at the June 5, 2018 Statewide Primary Election; <br />and <br />WHEREAS, now the Resolutions are rendered irrelevant and have no further legal <br />force or effect, <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES <br />RESOLVE AS FOLLOWS: <br />SECTION 1: Rescission of Resolution Nos. 2018-015, 2018-016 and 2018-017 <br />and all Associated Approvals and Authorizations Thereunder. The City Council hereby <br />rescinds the aforementioned Resolutions and upon adoption of this Resolution, the <br />Exhibit Resolution No. 2018 -XXX <br />Page 1 of 2 <br />55B-11 <br />
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