HomeMy WebLinkAbout1982-01-12; City Council; 6802-1; City Election dateClrG>F CARLSBAD - AGENDA dILL
AR* 6802-1
MTG 1-18-82
DEPT. CA
TITLE:
CITY ELECTION DATE
HFPT HD.
CITY ATTY.NI^
CITY MGR.
RECOMMENDED ACTION:
That the City Council introduce Ordinance No. 1242 or 1245.
ITEM EXPLANATION:
The City Council, at your meeting of November 17, 1981, adopted
Ordinance No. 1242 changing the date for the General Municipal
Election from April to the same day as the day of the statewide
direct primary election in June. This was done pursuant to a new
state law, SB-230, which was adopted as an urgency measure by the
State Legislature. A question has been raised as to the legality
of the Legislature's action. A provision of the California
Constitution prohibits changing the term of any elected office by
an urgency statute. I am not overly concerned about the matter
since our election will not be until after January 1, 1982, the
effective date for regular state laws. However, there is a
potential for some legal difficulty. If the Council wishes to
retain the June date, it is my advice that the Council re-adopt
the ordinance. It will be necessary to have the Board of
Supervisors re-approve the matter and complete the Required
Notice to Registered Voter prior to January 25, 1982. If the
Council wishes to revert to the regular April municipal
election, your action is to repeal Ordinance No. 1242 and to
direct the City Clerk to return, at the January 12, 1982
meeting, with the documents necessary to call the April
election.
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EXHIBITS:
Ordinance No. 1242
Ordinance No. /.g
, consolidating with the June primary.
, repealing the consolidation.
FISCAL IMPACT:
If Council retains the June date, costs of approximately $200 for
reprinting notice. If Council chooses to revert to April, cost
increase of approximately $10,000 for the local election.
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ORDINANCE NO.1245
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 1, CHAPTER
1.12 OF THE CARLSBAD MUNICIPAL CODE BY THE
DELETION OF SECTION 1.12.020 WHICH REQUIRED THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON THE
SAME DAY AS THE STATEWIDE DIRECT PRIMARY
ELECTION.
The City Council of the City of Carlsbad, California,
does ordain as follows: '
SECTION 1: That Title 1, Chapter 1.12 of the Carlsbad
Municipal Code is amended by the deletion of Section 1.12.020.
EFFECTIVED DATE: Pursuant to Section 36937 of the
Government Code, this ordinance which relates to an election
shall take effect immediately. The City Clerk shall certify the
adoption of this ordinance and cause it to be published once in
the Carlsbad Journal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a meeting of the Carlsbad
City Council held on the day of , 1982
and thereafter
PASSED, APPROVED AND ADOPTED at a meeting of said City
Council held on the day of , 1982 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
Art. IV, § 8 CONSTITUTION OF CALIFORNIA 95
[Bills and Statutes—30-day Waiting Period-—3 Readings—
Effective Date—Urgency Statutes}
SEC. 8. (a) At regular sessions no bill other than the budget bill
may be heard or acted on by committee or either house until the 31st
day after the bill is introduced unless the house dispenses with this
requirement by rollcall vote entered in the journal, three fourths of the
membership concurring.
(b) The Legislature may make no law except by statute and may
enact no statute except by bill. No bill may be passed unless it is read
by title on 3 days in each house except that the house may dispense with
this requirement by rollcall vote entered in the journal, two thirds of
the membership concurring. No bill may be passed until the bill with
amendments has been printed and distributed to the members. No bill
may be passed unless, by rollcall vote entered in the journal, a majority
of the membership of each house concurs.
(c) (1) Except as provided in paragraph (2) of this subdivision, a
statute enacted at a regular session shall go into effect on January 1 next
following a 90-day period from the date of enactment of the statute and
a statute enacted at a special session shall go into effect on the 91st day
after adjournment of the special session at which the bill was passed.
(2) Statutes calling elections, statutes providing for tax levies or
appropriations for the usual current expenses of the State, and urgency
statutes shall go into effect immediately upon their enactment.
(d) Urgency statutes are those necessary for immediate preservation
of the public peace, health, or safety. A statement of facts constituting
the necessity shall be set forth in one section of the bill. In each house
the section and the bill shall be passed separately, each by rollcall vote
entered in the journal, two thirds of the membership concurring. An
urgency statute may not create or abolish any office or change the
salary, term, or duties of any office, or grant any franchise or special
privilege, or create any vested right or interest. [As amended
November 7, 1972.}
SEC. 9. [Repealed November 8, 1966. See Section 9, below.}
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^-^
ORDINANCE NO. 1242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 1, CHAPTER
1.12 OF THE CARLSBAD MUNICIPAL CODE BY THE
ADDITION OF SECTION 1.12.020 TO REQUIRE THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON THE
SAME DAY AS THE STATEWIDE DIRECT PRIMARY
ELECTION.
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 1, Chapter 1.12 of the Carlsbad
Municipal Code is amended by the addition of Section 1.12.020 to
read as follows:
"1.12.020 Date for General Municipal Election.
Pursuant to Section 36503.5 of the California Government Code,
the general municipal election for the City of Carlsbad shall be
held on the same day as the day of the statewide direct primary
election. "
SECTION 2: This ordinance shall become operative upon
the approval of the Board of Supervisors.
EFFECTIVE DATE: Pursuant to Section 36937 of the
Government Code, this ordinance which relates to an election
shall take effect immediately. The City Clerk shall certify the
adoption of this ordinance and cause it to be published once in
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the Carlsbad Journal within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a meeting of the Carlsbad
City Council held on the 5th day of Jannary t 1982
and thereafter
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PASSED, APPROVED AND ADOPTED at a meeting of said City
Council held on the 12th day of January f 1982 by the
following vote, to wit:
AYES: Council Members Packard, Casler, Lewis and Kulchin
NOES: Council Menber Anear
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST :
/
ALETHA L. RAUTENKRANZ, City ClerJ
(SEAL)