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HomeMy WebLinkAboutReso - CC - 049-2009RESOLUTION NO. 49-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME: 1) ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF BURLINGAME, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 3, 2009, A BALLOT MEASURE MAKING THE OFFICE OF THE BURLINGAME CITY CLERK AN APPOINTIVE OFFICE, EFFECTIVE DECEMBER 2, 2013 WHICH WOULD BE THE END OF THE TERM COMMENCING DECEMBER 7, 2009, OR UPON A VACANCY IN THE OFFICE DURING THAT TERM 2) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 3) REQUESTING ELECTION SERVICES BY COUNTY CLERK; AND 4) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE. WHEREAS, the City Council of the City of Burlingame, by adoption of Resolution No. 29-09, has called a general municipal election to be held on Tuesday, November 3, 2009; and WHEREAS, the City Council has determined to submit to the voters at the general municipal election on November 3, 2009, a ballot measure making the office of the Burlingame City Clerk an appointive rather than an elected office, effective December 2, 2013 which would be the end of the term commencing December 7, 2009 or upon a vacancy in the office during said term; and WHEREAS, it is important for the City of Burlingame to obtain the best qualified person to fill the office of the City Clerk because that office is vital to the administrative function of the City government; and WHEREAS, pursuant to Government Code section 36502, the qualifications for an elected City Clerk are only that the person 1) be an elector of the City at the time of assuming office and 2) be a registered voter of the City at the time nomination papers are issued; and WHEREAS, in order to ensure that the Office of City Clerk is filled by the best qualified individual who can competently and accurately perform the detailed and highly technical duties required of that office, the Burlingame City Clerk should be an appointive rather than elected office; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Burlingame City Council, pursuant to Government Code sections 36508 and 36509 and other laws of the State of California, does hereby order submitted to the qualified electors of the City of Burlingame at the general municipal election to be held Tuesday, November 3, 2009, the following measure, to wit: CITY OF BURLINGAME APPOINTIVE OFFICE OF CITY CLERK MEASURE "Shall the Office of City Clerk of the City of Burlingame be YES appointive?" NO Section 2: Pursuant to California Elections Code Section 10002, the City Council hereby requests the Board of Supervisors of the County of San Mateo to make available the services of the County Clerk as County Elections Official for the purpose of performing the usual and customary services necessary in the conduct of the consolidated general municipal election, including the provision of election supplies and voters' pamphlets. Section 3: Pursuant to California Elections Code Section 10400 and following, the City Council hereby requests the Board of Supervisors of the County of San Mateo to order the consolidation of the general municipal election to be conducted within the boundaries of the City of Burlingame on November 3, 2009, with respect to which the Board of Supervisors of the County of San Mateo has the power to order a consolidation. The City Council further consents to and orders the consolidation of the general municipal election hereby called with the elections in public districts to be held the same day. Upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the County Clerk of the County of San Mateo in accordance with the provisions of law regulating the elections so consolidated. Section 4: The City Clerk is hereby authorized and directed to publish a notice of the general municipal election within the time and in the manner and form specified in California Elections Code Section 12101. The City Clerk is further authorized and directed to perform any and all actions required by law to hold the general municipal election above provided. Section 5: The City Council of the City of Burlingame hereby authorizes and directs the City Clerk to select, from those direct arguments properly submitted, an argument for and an 2 argument against the measure, to be printed and distributed pursuant to Elections Code section 9287. Section 6: The City Council of the City of Burlingame hereby authorizes and directs the City Clerk to accept rebuttal arguments submitted to the Clerk within ten (10) days after the final date for filing direct arguments pursuant to Elections Code section 9285. Section 7: The City Council of the City of Burlingame hereby directs the City Attorney to prepare an impartial analysis of said ballot measure pursuant to California Elections Code Section 9280. Section 8: This Resolution of the City Council submitting to the qualified electors of the City of Burlingame this ballot measure amending the Burlingame Municipal Code to change the office of the City Clerk of the City of Burlingame from an elected office to an appointed office, at the general municipal election to be held Tuesday, November 3, 2009, shall be effective June 2, 2009. Section 9: The City Clerk is directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of San Mateo. Ann Keighran, Wyor I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council on Monday, the 1 st day of June, 2009 by the following vote, to wit: AYES: Councilmembers: DEAL, KEIGHRAN, NAGEL, O'MAHONY NOES: Councilmembers: BAYLOCK ABSENT: Councilmembers: NONE r J"' ���L' Marl Ellen Kearney, City CIA