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Home My WebLink AboutRES NO 082-2020RESOLUTION NO. 082-2020 A RESOLUTION CALLING AND GIVING NOTICE OF HOLDING A GENERAL MUNICIPAL ELECTION FOR THE ELECTION OF COUNCILMEMBERS FOR WARDS 2, 5, AND 6, CALLING A SPECIAL MUNICIPAL ELECTION FOR THE ELECTION OF COUNCILMEMBER FOR WARD 1, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020. WHEREAS, Section 67 of the Charter of the City of Bakersfield prescribes that a General Municipal Election for election of members of the Council shall be held on the first Tuesday after the first Monday in November of each even -numbered year; and, WHEREAS, the Councilmember terms for Wards 2, 5, and 6 are due for re- election, pursuant to Section 67 of the Charter of the City of Bakersfield; and WHEREAS, the California General Election will be held on November 3,2020; and, WHEREAS, the City Clerk has also received an irrevocable Notice of Intent to Vacate Council Seat from Councilmember Willie Rivera, Ward 1 (Exhibit A(; and WHEREAS, pursuant to the requirements of Section 16 of the City Charter, the City can call a Special Election to fill the vacancy of a Council Seat; and WHEREAS, the cost to hold a Special Election at the same time as the November 2020 General Elections, will save the taxpayers money by reducing elections costs and will avoid the need to circulate a petition; and WHEREAS, it is the City's desire that the General Municipal Election and the Special Municipal Election be consolidated with the Statewide General Election to be held on the some date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the Kern County Election Department canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election, on Tuesday. November 3, 2020, for the purpose of electing Members of the City Council for Wards 2, 5 and 6 for the full term of four years which ends November 2024. SECTION 2. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to the consolidations of a Special Municipal Election with the Statewide General Election, on Tuesday, November 3, 2020, for the purpose of electing a Member of the City Council for Ward 1 to fill the unexpired term of Willie Rivera, ending November, 2022. SECTION 3. That the Board of Supervisors is requested to issue instruction to the County Election Department to take any and all steps necessary for the holding the consolidated election. The election shall be held in all respects as if there were only one election. SECTION 4. That the County Election Department is hereby authorized and requested to canvass the returns of said General Municipal Election and to certify such canvass of the votes so cast, to the City Clerk. SECTION 5. That the City of Bakersfield recognizes that additional costs will be incurred by the County and shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 6. The City Clerk is hereby authorized and directed to certify the adoption of this resolution, transmit to and file with the Board of Supervisors and the County Election Department of the County of Kern. SECTION 7. The City Clerk is hereby authorized and directed to give all notices and perform all advertising as required by law and perform or cause to be performed all the duties and functions in the conduct of the election as required by State law. SECTION 8. With regard only to the Special Municipal Election, and not withstanding anything to the contrary contained herein, the City hereby agrees, covenants, and warrants that the County, its Board, officers or employees shall have no liability hereunder, by reason hereof, or in connection with the election requested by this Resolution. The City further agrees, covenants, and warrants that it shall indemnify and hold harmless the County, its Board, officers, employees and agents, and each of them ("Indemnified Parties") against any and all losses, damages, claims, costs, expenses and/or liabilities, joint or several, to which such Indemnified Parties may become subject, because of action or inaction related to the election described herein. The City further agrees, covenants, and warrants that it shall also reimburse any such Indemnified Parties for any and all legal and/or other expenses incurred in connection with investigating and/or defending any such claims or action. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 4 2020 by the following votes: CALLING AND GIVING NOTICE OF HOLDING A GENERAL MUNICIPAL ELECTION FOR THE ELECTION OF COUNCILMEMBERS FOR WARDS 2, 5, AND 6, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 ✓ V,✓ ✓ ✓ ✓ YES:' COUNCILMEMBER: RIV RE A, GONZALES,WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER: NurK ABSTAIN: COUNCILMEMBER: NO'y'l-- ABSENT: COUNCEMEMBER: NQS CALLING AND GIVING NOTICE OF HOLDING A SPECIAL MUNICIPAL ELECTION FOR THE ELECTION OF COUNCILMEMBER FOR WARD 1, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 ✓ ✓ ✓ ✓ COUNCILMEMBER: RIVERA, GONZALES, WEIR; SMITH, FREEMAN, SUtth*N, EARLIER COUNCILMEMBER: F an Sb11 Jnr. BST COUNCILMEMBER: \t10�! ABSENT: COUNCILMEMBER: 1.Imno . J LIE DRIMAKIS, CMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED: JUN 2 6 2020 By -i4^ KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA G- INARO City Attor y City Attorney VGK:vig 5:\COUNCIL\Resos\19-2U\ElectionSpecal.War I(2).docx ® oft W BAKERSFIELD THE SOUND OF 5*W4gVP* NOTICE OF INTENT TO VACATE COUNCIL SEAT CITY COUNCIL I, Willie Rivera, the duly elected Councilrnemberof Ward I for the City Karen Goh of Bakersfield, County o.f Kern, State of California, hereby declare that I Mayor shall vacate myCounciimember seat either at or before the Bakersfield City Council meeting at which time the Bakersfield: City Council ratifies Chris Parker the November 2020 General Election results.. Vice -Mayor Ward.7- I understand and agreethat in making this declaration at Ns time, the City Council shall adapt a Resolution declaring a vacancy in Ward Willie Rivera 1 and direct the City Clerk to accept:Nomination Papers for November Ward 1 2020 General Election for Word 1 and any other actions required to conduct said election for a new Councllmember of Ward 1. Androe Gonzales Ward 2 1 declare and enalty of pe jury that the above is true and correct. Ken Weir Executed this d7S ` day of, 2020, in Ba d, Kern County, Ward 3 California. J Bob Smith Ward 4 Willie Rivera Bruce Freeman Councilmembe , and 1 Ward 5 JacquleSullivan ATTEST; Ward 6 Julie Dilmakis, CMC City Clerk and Fx Officio Clerk of the Council of the City of Bakersfield vGn9 $.\COIINOLNL it .\19-2a\RNe l.i.nNoca .d G,i- city council 1600 TrUXt n. Avenge, 'BAke sfield, CA. 93301 661-326-3767 FAX:661-323,-3780 CAUFORMIA ALL-PURPOSE ACKNOWLEDGMENT CPAL CODE § 1189 A tptary public a other officer completing this certificate verifies only the identity of theindwldual who signed the dooaeentto which this certificate is attached, and not the frmAfuhai accuracy, or validity of that document State of California ) Coumyof ICFQN ) on MAd IS o2D before me, ✓oacr,.r urnf woro,RV Q'UPatAC , Date Have Insert Name and Title of the Offs personally appeared _ W MME MNUR R Name(s)of Signer *- who proved to me on the basis of satisfactory evidence to be the person*whose ner'ON Were - subscribed to the within Instrument and acknowledged to me that hehhafthep executed the same in M1 sasiINaua NparyiuNk-alfpn'e- LpaRnpfes Cowin' GmntiWCnf 3M191> MrCormiE�aeslunt9:ial1 :ted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SignatureV-dzig�mfftr�ayPbllc Place Notary Seat Above OPTIONAL Though this section a optional, completing this infwmetfon can deter alteration of the'document pr iia dulerrt reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date: Signers) Other Than Named Above: Capacity(res) Claimed by Signa*) Signer's Name: El Corporate Officer — Ttde(s): ❑ Partner — ❑ Limited D General n Individual ❑Attomey In Fact aTrustee n Guardian or Conservator 0 Omer: Signer ls.Repiesenting: Number of Pages: Signer's Name:. n Corporate Officer Me(a):_ L3 Partner — O Limited 0General ❑ Individual DAttomsy in Fact ❑Trustee. ❑Guardian or Conservator ❑ Other. Signer Is Representing: