CC - 2006-13 - Calling and Giving Notice of Special Election September 19 2006•
RESOLUTION NO. 2006-13
C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, SEPTEMBER 19, 2006 FOR THE
SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN
OFFICERS AND THE ELECTION OF CANDIDATES TO FILL THE
VACANCY OR VACANCIES IF THE RECALL PREVAILS
WHEREAS, on October 11, 2005, the City Council adopted Resolution No. 2005-
33 calling for and noticing the holding of the special election on Tuesday, February 7,
2006 for the submission of the question of the recall of certain officers and the election of
candidates to fill the vacancy or vacancies if the recall prevails; and
WHEREAS, on January 4, 2006, U.S. District Judge R. Gary Klausner issued a
temporary restraining order that prevented the City from holding the recall election on
February 7, 2006; and ,
WHEREAS, on January 17, 2006, U.S. District Judge R. Gary Klausner issued a
preliminary injunction that prevented the City from holding the recall election on
February 7, 2006; and
WHEREAS, on May 23, 2006, U.S. District Judge R. Gary Klausner signed an
order retroactively reversing the January 17, 2006 preliminary injunction that prevented
the February 7, 2006 election from being held; and
WHEREAS, the May 23, 2006 order from U.S. District Judge R. Gary Klausner
was tiled on May 24, 2006, indexed in the U.S. District Court's records on May 26, 2006,
and finally received by the parties to the litigation on May 31, 2006; and
WHEREAS, because the preliminary injunction that prevented the February 7,
2006 election from being held has been lifted, the City Council now wishes to set the date
that the proposed recall of Councilmember Jay Imperial and Councilmember Gary Taylor
may be submitted to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. That there is called and ordered to be held in the City of Rosemead,
California, on Tuesday, September 19, 2006, a Special Municipal Election for the
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purpose of submitting the question of the recall of Councilmember Jay Imperial and
Councilmember Gary Taylor, and the election of the candidates to fill the vacancy or
vacancies, if the recall prevails.
SECTION 2. That the ballots to be used at the election, in addition to any other
matters required by law, there shall be printed substantially the following:
OFFICIAL BALLOT
CITY OF ROSEMEAD
SPECIAL MUNICIPAL ELECTION
TUESDAY, SEPTEMBER 19, 2006
Shall Jay Imperial be recalled from the office of City
Yes
Councilmember?
No
For City Councilmember VOTE FOR ONE
To succeed Jay Imperial if he is recalled
Term Ending: March 2007
Polly Low
Shall Gary Taylor be recalled from the office of City
Yes
Councilmember?
No
For City Councilmember VOTE FOR ONE
To succeed Gary Taylor if he is recalled
Tenn Ending: March 2007
Victor Ruiz
Jim Clouet
SECTION 3. That the ballots to be used at the election shall be in form and
content as required by law.
SECTION 4. 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 and paraphernalia that may be necessary in order to properly and lawfully
conduct the election.
SECTION 5. That the polls for the election shall be open at seven o'clock a.m.
on 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 for in
Elections Code section 14401.
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SECTION 6. That pursuant to Elections Code section 12310, a stipend for
services for the persons named as precinct board members is fixed at the sum of $100.00
for each inspector and $75.00 for each clerk for the election. The sum of $25.00 shall be
given to each precinct board member that is bilingual in the City's required foreign
languages. The rental for each polling place, where charge is made, shall be in the sum
of $35.00 for the election. When required, the compensation of the custodian of a
building shall be $12.00 for the election. In addition, the sum of $25.00 shall be given to
each precinct board member to attend a training class.
SECTION 7. That in all particulars not recited in this election, the election shall
be 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 the City Clerk is authorized, instructed and directed to give further or additional
notice of the election, in time, form and manner required by law.
SECTION 9. That the City Clerk shall certify to the passage and adoption of
this Resolution and enter in into the book of original resolutions.
PASSED, APPROVED and ADOPTED by the City Council of the City of
Rosemead on this 6m day of June, 2006.
Opel,
MAYO
ATTEST:
- ~JJA-Oa M 1-6
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
•
1, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2006-13 being:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL
MUNICIPAL ELECTION TO BE FIELD ON TUESDAY, SEPTEMBER 19, 2006 FOR
THE SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN
OFFICERS AND THE ELECTION OF CANDIDATES TO FILL THE VACANCY OR
VACANCIES IF THE RECALL PREVAILS
was duly and regularly approved and adopted by the Rosemead City Council on
the 6th of June 2006, by the following vote to wit:
Yes: CLARK, IMPERIAL, TAYLOR
No: NUNEZ, TRAN
Absent: NONE
Abstain: NONE
Ail W, a Can~"ruia
Nina Castruita
City Clerk