Loading...
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. OLUs&.D-O. O E> Oz3 OO 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. 1 2 3 4 5 6 7 8 9 10 11 12 oo i *78 13 eJ ° 3 | 145° ii £ fc 8 d 16Uj 2. CM << P^ 17> I- rr J- ' 18 19 20 21 22 23 24 25 26 27 28 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.} * -V Q< 02§ § • K 8E < S "U . <O u. =; -S ° 2 i 0 > >§y i- < u.Q r- —U -c — 1u; • 5<v oj O 2 "j S 0Bis< Z O oo >t 5!< < >- U H O , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ^-^ 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 20 the Carlsbad Journal within fifteen days after its adoption. 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 5th day of Jannary t 1982 and thereafter /// /// /// J ^ £C =; •* H > §iz o 8 c 1 2 3 4 5 6 7 8 9 10 11 O n rrs 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 \ .X 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)