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ITEM #9 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF MARCH 4, 2008 <br />TO: Honorable Mayor and City Council <br />FROM: Carolina R. Padilla, City Clerk <br />SUBJECT: Certification of Petition to Recall Mayor Kelly J. Chastain and Approve <br />and Adopt Resolutions Calling Special Recall Election and Requesting <br />Consolidation of Election, and Requesting County Services. <br />DATE: February 26, 2008 <br />BACKGROUND: <br />Proponents Frank J. Navarro and Apolinar S. Espudo filed a Petition to Recall Mayor Kelly J. <br />Chastain on February 4, 2008. <br />DISCUSSION/ANALYSIS: <br />After prima facie examination of the Petition by this office, it was determined that the number of <br />signatures on said Petition was in excess of the 3186 signatures required and the Petition was <br />deemed filed. <br />Pursuant to Elections Code §11224, the petition was examined using the San Bernardino <br />County Registrar of Voters registration records, to ascertain whether or not the petition was <br />signed by the requisite number of voters. The requisite number of voters is 20% of the <br />registered voters residing within the City of Colton. The petition is determined to be sufficient. <br />As directed by Elections Code §11227, 1 am submitting the Certificate To Petition as to <br />sufficiency of said Petition. Following certification, Elections Code §11240 directs that within 14 <br />days the governing body shall issue an order calling the election. If the governing body does not <br />act within the prescribed time, Elections Code §11241 directs that within 5 days, the Elections <br />Official shall set the date for holding the election. <br />On the question of when the election shall be held, Elections Code Section 11242 states as <br />follows: <br />"The election shall be held not less than 88, nor more than 125, days after the issuance of <br />the order, and if a regular or special elections is to be held throughout the electoral <br />jurisdiction of the officer sought to be recalled within this time period, the recall election shall <br />be held on the same day, and consolidated with, the regular or special election." <br />