HomeMy WebLinkAbout2018-026 - Rescinding Resolution Nos. 2018-015RESOLUTION NO.2018-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RESCINDING RESOLUTION NOS. 2018-015,
2018-016 AND 2018-017
WHEREAS, On March 6, 2018 the City Council of the City of Santa Ana adopted
Resolution Nos. 2018-015, 2018-016 and 2018-017 related to the calling of an election;
and
WHEREAS, the Clerk of the Council, in carrying out her ministerial duties, asked
the Mayor to sign the Resolutions as provided for in the City Charter in order for her to
submit fully executed copies of the Resolutions to the Orange County Registrar of Voters
by the deadline established by the Elections Code; and
WHEREAS, the Mayor refused to sign the Resolutions based on his personal
objections, including objections to the process and questioning whether the action taken
by the Council was legal; and
WHEREAS, after the deadline to submit the Resolutions passed, the City Council
directed outside legal counsel to seek legal relief in order to ensure that the election would
be held as provided for in the Resolutions; and
WHEREAS, outside legal counsel sought to compel the Mayor's signature and an
order requiring the County Registrar to accept the Resolutions after they were signed;
and
WHEREAS, on April 6, Judge Glenn Salter, through a Peremptory Writ of Mandate,
ordered Mayor Miguel Pulido to sign the Resolutions by April 9, 2018, but did not compel
the Registrar to accept the Resolutions; and
WHEREAS, on April 9, 2018, outside legal counsel sought a writ to compel the
acceptance of the Resolutions and such writ was denied, effectively depriving the City of
the ability to hold the planned election at the June 5, 2018 Statewide Primary Election;
and
WHEREAS, now the Resolutions are rendered irrelevant and have no further legal
force or effect,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
RESOLVE AS FOLLOWS:
SECTION 1: Rescission of Resolution Nos. 2018-015. 2018-016 and 2018-017
and all Associated Approvals and Authorizations Thereunder. The City Council hereby
rescinds the aforementioned Resolutions and upon adoption of this Resolution, the
Resolutions and all related approvals and authorizations shall have no further legal force
Resolution No. 2018-026
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or effect; provided, however, that the Council direction to analyze and make
recommendations concerning ward re -boundaries shall remain in effect.
SECTION 2. Effect. This Resolution shall take effect immediately upon its
adoption by a majority of the City Council, and the Clerk of the Council shall attest to and
certify the vote adopting this Resolution.
ADOPTED this 17th day of April, 2018.
APPROVED AS TO FORM:
By: CAS ' J ---
Sonia R. Carvalho,
City Attorney
AYES: Councilmembers Benavides Sarmiento Solorio, Tinalero,
Villegas (5)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Martinez Pulido (2)
Resolution No. 2018-026
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No.
2018 -026 to be the original resolution adopted by the City Council of the City of Santa Ana
on April 17, 2018.
Date:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No, 2018-026
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