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2004/09/14 City Council Resolution 2004-227RESOLUTION NO. 2004-227 A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK DECLARING RESULTS OF MUNICIPAL SPECIAL RECALL ELECTION HELD IN THE CITY OF ROHNERT PARK ON AUGUST 24, 2004 WHEREAS, pursuant to Elections Code section 11242, a Municipal Special Recall Election was held and conducted in the City of Rohnert Park on Tuesday, August 24, 2004, as required by law; and WHEREAS, it appears that notice of said election was duly and legally given, that voting precincts were properly established, that election officers were appointed and election supplies furnished, that in all respects said election was held and conducted and the votes cast were received and canvassed and the returns thereof made, determined and declared in the time, form and manner as required by the General Laws of the State providing for and regulating municipal elections in said City; and WHEREAS, the Council of the City of Rohnert Park met at the regular meeting place of said Council on Tuesday, September 14, 2004 to review and adopt the canvass of the returns of said election; and NOW, THEREFORE, BE IT RESOLVED that, in accordance with Elections Code section 10262 and 10263, said canvass was duly completed and the results thereof are as hereinafter set forth: 1, Said municipal special recall election was held and conducted in the City of Rohnert Park, County of Sonoma, State of California, on Tuesday, August 24, 2004 in the time and in the form and manner as required by law. 2. That a canvass of the votes cast in said City for the office of City Council was duly performed by the Office of the Sonoma County Clerk and Registrar of Voters in accordance with law and transmittal for same constituting certification of the Official Canvass for adoption by the governing. body of the City of Rohnert Park was received by the City on August 30, 2004, 3. That the total number of votes cast in said City of Rohnert Park at said election was 9,949 (includes 5,251 absentee votes). 4. That the names of the persons voted for, the number of votes received by each said persons in said precincts, together with the whole number of votes which they received in the entire city, are as set forth in Exhibit "A" attached hereto and by reference incorporated herein, being a Statement of the Votes by Eeve T. Lewis, Sonoma County Clerk and Registrar of Voters. 5. That the City of Rohnert Park presented to the voters of the City the question to determine whether Armando F. Flores should be recalled, with the question stating as follows: "Shall A.RMANDO F. FLORES be recalled (removed) from the office of Member, City Council ?" 6. That the City of Rohnert Park question to determine whether Armando F. Flores should be recalled presented to the voters of the City at its municipal special recall election on August 24, 2004 was not approved and not passed by the voters by the following results: NO 5,371 YES 4,402 City of Rohnert Park Resolution No. 2004 - ZZ7 (Page 2 of 2) 7. That the City of Rohnert Park presented to the voters of the City the question to determine whether Arnie L. Spradlin should be recalled, with the question stating as follows: "Shall AMIE L. SPRADLIN be recalled (removed) from the office of Member, City Council ?" 8. That the City of Rohnert Park question to determine whether Arnie L. Spradlin should be recalled presented to the voters of the City at its municipal special recall election on August 24, 2004 was not approved and not passed by the voters by the following results: NO 5,472 YES 4,371 9. That at said municipal special recall election held in the City of Rohnert Park on Tuesday, August 24, 2004, the following persons were not recalled from the following offices, respectively: Armando F. Flores and Amie L. Spradlin and shall remain seated as members of the City Council of the City of Rohnert Park for the completion of the term of four (4) years as initially elected, from and after Tuesday, December 10, 2002 and until their successors shall have been duly elected and qualified. 10. That the City Clerk of the City of Rohnert Park, as previously directed, filled out, executed and delivered to each of the persons elected a Certificate of Election signed by each person and duly authenticated on December 10, 2002, and also on the same date administered to each person elected the Oath of Office prescribed in the Constitution of the State of California, which procedures remain in effect for Armando F. Flores and Arnie L. Spradlin to remain seated as members of the City Council of the City of Rohnert Park for the remainder of each of their respective four (4) year terms due to expire in December of 2006. DULY AND REGULARLY ADOPTED this 14`x' day of September, 2004. nter m City Attorney Gabrielle P. Whelan H- I- h:091404 Resolution Declaring Results of Special Recall Election FLORES: AYE MACKENZIE: AYE SPRADLIN: AYE VIDAK- MARTINEZ: AYE NORDIN: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) EXHIBIT "A" fe/Time: 8/30/2004 8:49:49 AM SNOTERM01