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
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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
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Marl Ellen Kearney, City CIA