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HomeMy WebLinkAbout01/15/1991, C-3 - CITY CHARTER AMENDMENT TO MOVE THE CITY'S ELECTION DATE FROM NOVEMBER OF THE ODD YEAR TO NOVEMBER OF THE EVEN YEAR.a id city of san luis owspo COUNCIL AGENDA REPORT PREPARED BY: Paw( 5j, City Clerk SUBJECT: MEETING DATE: 1/15/91 REM MB City Charter Amendment to move the City's election date from November of the odd year to November of the even year. CAO RECOMMENDATION: Adopt resolution giving notice of a Special Municipal Election to be held on April 9, 1991 to vote upon a proposed Charter Amendment which would provide that the General Municipal Electton for City Elective Officials shall coincide with the date provided for the State, County and School District General Election. BACKGROUND: The City Council took action at its meeting of January 2, 1991, to direct staff to prepare a Charter Amendment amending Sections 302 and 404 of the City Charter in order to be consistent with its decision to move the City's General Municipal Election date form November of the odd year to November of the even year. The decision to move the election date came as a result of the Board of Supervisors action last month to allow the school districts to move their election date from. November of the odd year to November of the even year. This change would have increased the City's election costs and decreased its voter turnout. The net impact of consolidating the City's Regular Municipal Electton with the State and County General elections will result in a total saving of approximately $27,000 and increase voter turnout by 100 %. Consistent with the Council's action to adopt Resolution No. 6917 to call a Special Election for Tuesday, April 9, 1991 for the purpose of voting on Measures A through D related to moving the election date, State Water, the W.A.T.E.R. Initiative, and the Referendum on Tract 1750, attached is a Charter initiative to amend Sections 302 and 404 of the City's Charter to move the election date from November of the odd year to November of the even year. This will necessitate extending the terms of all five Councilmembers one additional year. Attachments: Draft Resolution amending the Charter Resolution No. 6917 (1991 Series) G -3- l RESOLUTION NO. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON APRIL 9, 1991, TO VOTE UPON A PROPOSED CHARTER AMENDMENT WHICH WOULD PROVIDE THAT THE GENERAL MUNICIPAL ELECTION FOR CITY ELECTIVE OFFICIALS SHALL COINCIDE WITH THE DATE PROVIDED FOR THE STATE & COUNTY AND SCHOOL DISTRICT GENERAL ELECTION WHEREAS, California Education Code Section 1111 was amended by the State Legislature to allow the school districts to change their elections to the first Tuesday after the first Monday in November in even numbered years; and WHEREAS, the cost savings and increased voter turnout of consolidated elections make it advantageous to the City to hold general municipal elections at the same time as school board, State and County General Elections. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. A special municipal election is hereby ordered to be held on Tuesday, April 9, 1991, for the purpose of voting upon a proposed charter amendment as hereinafter set forth. 2. The proposed charter amendment would: (a) Change the date of the City's general election from the first Tuesday after the first Monday in November of odd numbered years to the first Tuesday after the first Monday in November of even numbered years; and (b) Extend the terms of current office holders whose terms ordinarily would expire in November 1991 and November 1993 to November 1992 and November G3', Resolution No. (1991 Series) 1994, respectively, and exempt those periods of extension from the limitation of terms provided for in Charter Section 405. 3. Said proposed charter amendment amends two charter sections to read as follows: SECTION 302. General Municipal Elections. General municipal elections to fill elective offices shall be in the City on the first Tuesday after the first Monday in November in each `even numbered year. SECTION 404. Term of Office. (a) The term of the Mayor shall be two years, and the terms of the Council members shall be four years. (b) Terms shall commence on the first day of December at twelve o'clock noon following the election and each shall serve until a successor is elected or appointed and qualified. Ties in voting shall be settled by the casting of lots. (c) Any other provision in this Charter to the contrary notwithstanding: 1. The terms of office of the Mayor elected at the Noe'r 84 general municipal election and the Councilmembers elected at the general municipal election shall be extended from tvo years and four years, respectively, until a successor is elected or appointed and qualified following the Nveni?er€ general municipal election; 2. The terms of office of the Councilmembers elected at the Nov... Fl 9 general municipal election shall be extended from four years until a successor is elected or appointed and qualified following the Nveber:;;8,... <994 general municipal election; C,0,3 -3 Resolution No. (1991 Series) 3. The approximate -taft month periods of term extension set forth in subsections (1) and (2) of this section shall not be counted in determining the disability to serve set forth in Section 405 of this Charter. (The provisions to be changed by the proposed Charter amendment are those provisions redlined in the Section above.) 4. The ballot format for the proposal to amend Sections 302 and 404 shall be substantially as follows: CITY MEASURE C Shall the City Charter Sections 302 and 404 be amended YES to move the General Municipal Election from November of the odd numbered year to November of the even NO numbered year. 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 6. This Resolution shall take effect upon its adoption. on the following roll call vote: AYES: NOES: ABSENT: seconded by , and C,,3 -Ll Resolution No. (1991 Series) the foregoing Resolution was passed and adopted this Qs" 0vmW PAM VOGES CITY CLERK APPROVED: V CITY MINISTRATIVE OFFICER Pro 1 , day of , MAYOR RON DUNIN C, 3 5 RESOLUTION NO. 6917 (1991 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 9, 1991, FOR AN ELECTION AS REQUIRED BY THE PROVISIONS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES AND FOR THE SUBMISSION TO THE VOTERS OF QUESTIONS RELATING TO WATER RATIONING, STATE WATER, ORDINANCE NO. 1179 (TRACT 1750), AND MOVING ELECTION DATE WHEREAS, under the provisions of the laws relating to Charter Cities in the State of California, a Special Municipal Election shall be held on Tuesday, April 9, 1991; and WHEREAS, the City Council desires to submit to the voters at the election questions relating to water rationing, state water, Ordinance No. 1179, and election date change. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DOES RESOLVE as follows: SECTION 1. That pursuant to the requirements of the laws of California relating to Charter Cities, there is called and ordered to be held in the City of San Luis Obispo, California, on Tuesday, April 9, 1991, a Special Municipal Election for the purpose of submitting to the voters for the following questions: Dbasure A Shall the approval of the planned development YES rezoning for Tact 1750 be repealed? NO :heasure B YES Shall the ordinance to Eliminate Water Rationing be adopted? NO C,3 -10 Resolution No. 6917 (1991 Series) - Page TI %u Measure C YES Shall the City Charter Section 404 be anended to move the General Municipal Election from November of the odd year to N0 Measure D - Advisory Vote Only Should the City of San Luis Obispo YES participate in the State Water Project? NO SECTION 2. That the proposed measures submitted to the voters are attached as Exhibits A and B. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and entire it into the book of original resolutions. C -3 OM OW Resolution 110. 6917 (19Q1 Series) - Page "airee On motion of c"ilwoman Rappa , seconded by Mayor whin and on the following roll call vote: AYES' Counci lmmber Rappa, Mayor Dunin, Councilmembers Rels- and Roaliran NOES: Councilmanber Pinard ABSENT: None the foregoing resolution was passed and adopted this 2nd day of January , 1991. ATTEST: V CM CLERK P VOM APPROVED: (TTY ��MINISTRATIVE OFFICER P, CITY CLERK M�W . . �RWJIMII �3- F�