HomeMy WebLinkAbout1982-11-09; City Council; 6802-2; City Election dateCITS-JF CARLSBAD — AGEND/^ILL
MTft 11/9/82
CA
TITLE:
CITY ELECTION DATE
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CITY
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RECOMMENDED ACTION:
If the City Council determines to exercise its option under Section
36503.5 of the Government Code to hold the general municipal
election on the same day as the statewide general election, your
acton is to introduce Ordinance No. J3^ ^ •
ITEM EXPLANATION
The City Council, at your meeting of November 2, 1982, indicated
you wished to consider changing the date for the City's general
municipal election from the day of the statewide direct primary
election to the day of the statewide general election. An
ordinance which would do that is attached.
The City Council in November of 1981 adopted Ordinance No. 1242
which added Section 1.12.020 to the Carlsbad Municipal Code. By
that action the Council exercised its option under newly adopted
Section 36503.5 of the Government Code to require its general
municipal election to be held on the same day as the statewide
primary election. In our opinion that section allows the Council a
further option of changing the date again to the statewide general
election date. As before approval by the Board of Supervisors is
required and the City Clerk must mail a notice to all registered
voters in the City informing them of the change.
Ab #2367, Chapter 218, Statutes of 1982, which is effective January
1, 1983, makes some changes to Section 36503.5. They do not effect
the basic option available to the Council. The new law limits the
Board of Supervisors discretion and requires them to approve the
change unless the election system cannot handle it. The new law
also provides that a term of office cannot be changed by more than
ten months. That provision is not involved here since the change
from June to November is only five months and the overall change
from the old March date, if the two are taken together, is still
within the ten month limitation. The new law also clarifies the
notice which must be sent requiring simply that the voters be
told of the new date and that as a result elected city office
holders terms will be changed. If the ordinance is adopted and
becomes effective prior to January 1, 1983 the Clerk should use the
old notice otherwise she should use the new notice.
FISCAL IMPACT
None beyond cost of the notice.
EXHIBITS
Ordinance No. / 3 3~J
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ORDINANCE NO. 1259
• 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 AMENDMENT OF SECTION 1.12.020 TO REQUIRE
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE
SAME DAY AS THE STATEWIDE GENERAL 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 amendment 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 General 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
the Carlsbad Journal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a meeting of the Carlsbad
City Council held on the 16th day of December ,
1982 and thereafter
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PASSED, APPROVED AND ADOPTED at a meeting of said City
Council held on the 7th day of December , 1982 by
the following vote to wit:
AYES: Council Mentoers Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
MARY H^/CASLER, Mayor
ATTEST:
X. K <!.^,
ALETHA L. RAUTENKRANZ, CltyTl¥rk
(Seal)