HomeMy WebLinkAbout1984-05-15; City Council; 6432-1; Special two-year council termCARLSBAD — AGENDA-BILL
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TITLE:
SPECIAL TWO-YEAR
COUNCIL TERM
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RECOMMENDED ACTION:
Instruct the City Clerk regarding preparation of election documents.
ITEM EXPLANATION:
At the Council meeting on November 18, 1980, new legislation was considered which
provided the option of resolving a tie vote by special election. In order to
implement the alternative required specific Council action. A copy of that Agenda
Bill is attached for Council review.
Though Council filed that matter, action was taken on another item at that time.
Council directed that necessary action be taken to implement a new provision of the
law, shown as section 34906 of the Government Code, copy attached.
Section 34906 provides that when the Mayor is an elected office, Council may take
action so the four Council positions are evenly staggered so two terms will expire
each Municipal Election. There are two ways of doing that:
1. Designate one office on the ballot as a two-year term; or
2. Provide that the one who receives the least votes of those elected shall
serve a two-year term.
Council, at the meeting of November 18, 1980, directed that documents be prepared at
the appropriate time to implement the new law providing that the person receiving
the lowest number of votes of those elected would serve a two-year term. That page
from the Council minutes is attached for review.
The action was taken four years ago. This agenda bill is to inform Council of the
previous action and request direction in the preparation of documents calling the
next General Municipal Election to be held November 6, 1984.
If Council desires to provide for an even staggering of Council terms, direct the
City Clerk to prepare election documents either:
1.
2.
EXHIBITS:
Designating one term as a two-year position;
or
Providing that the one which receives the least votes of those elected
shall serve a two-year term.
1. Copy of Agenda Bill No. 6432 dated November 18, 1980.
2. Copy of Section 34906 of the Government Code.
3. Copy of Page 12 of Council minutes from meeting held November 18, 1980.
—s CITY OF CARLSBAD
AGENDA BILL NO. £*/-32-*
DATE: November 18,, 1980
DEPARTMENT: City Attorney .
Initial:
Dept.Hd.
C. Atty.
C. Mgr.
3eCt: TIE VOTES IN MUNICIPAL ELECTIONS
Statement of the Matter
The Council may recall experiencing some diffculty in
accepting my advice that the state law provided for theflipping of a coin to resolve a tie vote in an election.
By a. memorandum dated September 30, 1980, I advised theCouncil of an amendment to the Elections Code which would
give the Council the option of resolving a tie vote bya special election. This Agenda Bill has been prepared
in response to a request from a member of the Council
that the matter be placed before your body for action.
A copy of the new law has been attached. It provides
that in the event of a tie, the Council could either
elect to resolve it by lot or could call a special election
involving both the candidates who tied and the candidate
receiving the highest number of votes. The decision to
have a runoff election would require such elections in =
the future in all cases of a tie unless the Council first
repeals the enabling ordinance.
Exhibits
Chapter 564, A.B. 3413 - Elections—Tie Votes—Consolidation
Ordinance No. /<2if3~ .
Recommendation
This is a policy matter for the City Council.
Council Action;
11-18-80 Council filed the matter.
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ORDINANCE NO. 1235
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 PROVIDE FOR THE
RESOLUTION OF A TIE VOTE BY SPECIAL
ELECTION.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION: That Title 1, Chapter 1.12 of tho Carlsbad Municipal
Code is amended by the addition of Section 1.12.020 to read as
follows:
"1.12.020 Resolution of tie' vote — Special Election.
The provisions of Section 20501(b) of the California Elections
Code are hereby adopted for the City of Carlsbad to provide for
the resolution of a tie vote by lot as provided in Section 20501(a)
of the California Elections Code or by a special runoff election
involving those candidates who received an equal number of votes
and the highest number of votes."
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of ,
1980 and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1980 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZTClty Clerk
(SEAL)
2.
§34902 GOVERNMENT CODE
Amendments:
provided in
subdivision (b)" in the first paragraph of subd (a); and (3) subd (b).
1977 Amendment: Substituted "90" for "74" in the second sentence of the second paragraph of subd (a)
56 Ops Atty^Gen 327 (absence of authority for electors of general law city to reduce tgrfn of city
councilman from four years to two years, with exception of office of mayor). ^-^
§ 34903. Status, powers and duties of mayor
45 Cal Jur 3d Municipalities^!71.
57 Ops Atty Gen 626 (right >o mayor of general law city, separately elected as such, to receive
compensation as mayor and as csijincilman when compensation has been approved by electors or by
ordinance).
§ 34904. Qualifications for
A person is not eligible toxttold officXas mayor unless he is at the time of
assuming such office apxelector of the chy, and was a registered voter of the
city at the time nomination papers are iss\ted to the candidate as provided
for in Section 22642 of the Elections Code.
Amended Stat§^<75 ch 1030 § 3, effective September 24, 1975.
Amendme
197&>4unendnient: Substituted all that part after "city, and" for "has^Ve^ided in the city for the year
'preceding his election".
coauioao
§ 34906. Special two-year term for city councilman
Notwithstanding Section 36503, if a city has an elected mayor and the
election of the remaining members of the city council for four-year terms is
not evenly staggered, the city council may, on a one-time basis only and
prior to the first day for circulating nomination papers for the general
municipal election, designate one of the city council offices appearing on the
general municipal ballot, other than the office of the mayor, to serve a two-
year term, or may provide that of the city council offices appearing on the
general municipal ballot, other than the office of the mayor, the one which
receives the least votes of those elected (or if there is a tie for such a
position, as decided by lot) shall serve a two-year term. At all subsequent
general municipal elections, each member of the city council elected at such
election, other than the mayor if the mayor has a two-year term, shall be
elected to serve a four-year term.
Added Stats 1975 ch 399 § 1, effective August 29, 1975; Amended Stats 1977 ch 237 § 1; Stats 1980 ch
732 § 1.
Amendments:
1977 Amendment: Amended the first sentence by (1) deleting "resulting in the election of two members
of the city council at one general municipal election and four members of the city council at the next
general municipal election," after "evenly staggered,"; (2) substituting "the general municipal" for
"such" after "papers for"; (3) deleting "three" before "city council offices"; (4) deleting "to" before
"the office of; and (5) adding ", or may provide that of the city council offices appearing on the
general municipal ballot, other than the office of the mayor, the one which receives the least votes of
those elected (or if there is a tie for such a position, as decided by lot) shall serve a two-year term".
1980 Amendment: (1) Substituted "a city has an elected mayor" for "the elected mayor of a city serves a
two-year term" after "Section 36503, if in the first sentence; and (2) added "if the mayor has a two-
year term," in the last sentence. jr~"
20 |10GovCode)
CITY of COUNCIL
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November 18
[92]
[45]
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Motion was made to introduce the following Ordinance:
ORDINANCE NO. 1235. AMENDING TITLE 1, CHAPTER
1.12 OF THE CARLSBAD MUNICIPAL CODE BY THE
ADDITION OF SECTION 1.12.020 BY PROVIDE.FOR THE
RESOLUTION OF A TIE VOTE BY SPECIAL ELECTION.
The motion failed for lack of a majority. Council filedthe matter.
Council Member Casler briefly explained new legislation
which would allow cities who currently elect three Council
Members in one election to designate that the elected
member receiving the lowest number of votes would serve
a two year term, to more evenly distribute the electionof Council Members.
Council directed that documents be prepared to implement
the new law so the person receiving the lowest number ofvotes would serve a two-year term.
A brie\ staff report was presented by the City Manager.
FollowingSdiscussion, Council adopted the followingResolutionX
RESOLUTION NO. 6372. APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCC
COUNTY WATER DISTRICT FOR THE ASSIGNMENT OF/THE
AGREEMENT BETWEEN THE ENCINITAS SANITARY DISTRICT
AND THE GJTY OF CARLSBAD FOR INTERIM TREATMENT
AND DISPOSAL OF SEWAGE AND WASTEWATER./AND
AUTHORIZING\THE MAYOR TO EXECUTE SAJffAGREEMENT.
Mayor Packard suggested rt may an appropriate time to
discuss the possibility ofNnaking-the Leudidia County Water
District's boundaries co-ter»inus with/tne City boundaries
and sugested icate *mh the District in
/
_ uuunuai IBS CO-terlO
and suggested that staff cqmmithat regard.
40. I
Council recognized Mr. Jack/Button, $871 El Camino Real,
Carlsbad, CA, who addressee Council regarding his request
to raise the cardroom l/fmit. He then responded to questionsfrom Council. / \
No action was taken, Council directed the matter be filed.
CITY COUNCILytDDITIONAL BUSINESS:./
Housing and Redevelopment Advisory Committee
Council Member Anear gave a brief report on the receractrons of the Committee.
Motion
Ayes
Noes |X | IX
MotionAyes
XXX X