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Home My WebLink AboutRES NO 155-99RESOLUTION NO. :~ 5 ~ ' 9 9 A RESOLUTION CALLING AND GIVING NOTICE OF HOLDING A PRIMARY MUNICIPAL ELECTION FOR THE OFFICE OF MAYOR, A SPECIAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE VOTERS THE PALM AND OLIVE ANNEXATION, A PROPOSED CHARTER AMENDMENT, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOLIDATE WITH THE STATEWlDE PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2000, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND REBUTTALS REGARDING CITY MEASURES, AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES. WHEREAS, Section 67.1 (a) of the Charter of the City of Bakersfield prescribes that a Primary Municipal Election for election of the Mayor shall be held concurrently with the California State Primary Election; and; WHEREAS, the California State Primary Election will be held on Tuesday, March 7, 2000; and; WHEREAS, the City Council of the City of Bakersfield is submitting to the voters the questions relating to Palm and Olive Annexation; and WHEREAS, pursuant to authority provided by Article Xl of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at {}9255) of the California Elections Code, the City Council of the City of Bakersfield is submitting a proposed charter amendment to the voters; and WHEREAS, in accordance with §10403 of the California Elections Code, it is desirable that the Primary and Special Municipal Election be consolidated with the California State Primary Election and held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Election Department canvas the returns of the Primary and Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: SECTION 1. That pursuant to the requirements of §10403 of the California Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to the consolidation of a Primary Municipal Election with the Statewide Primary Election, on Tuesday, Mamh 7, 2000, for the purpose of electing the Mayor of the City of Bakersfield for the full term of four years which ends January 1, 2005. SECTION 2. That the City Council pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following questions and proposed Charter amendment: MEASURE"A" Shall the Palm Area remain a part of the City of Bakersfield? YES NO MEASURE"B" Shall the Olive Area remain a part of the City of Bakersfield? YES NO MEASURE "C" Shall Section (195)13 be modified to make it consistent with Section (185)3 of the Charter to YES provide that any Deputy Chief shall assume the charge of the Fire Department in the case of absence, disability or death of the Chief of the NO Fire Department? SECTION 3. That the text of the Charter amendment submitted to the voters is as follows: Deputy Chief of the Fire Department Section (195) 13. In case of absence, disability or death of the Chief of the Fire Department, t~ ~ Deputy Chief of the Fire Department shall assume charge of the Fire Department and shall be vested with all of the powers of the Chief of the Fire Department during the time he or she shall be in charge of such department. -2- SECTION 4. Thatthe Board of Supervisors is requested to issue instruction to the County Election Department to take any and all steps necessary for the holding of the consolidated election. The election shall be held in all respects as if there were only one election. SECTION 5. That the County Election Department is hereby authorized and requested to canvass the returns of said General Municipal Election and to certify such canvass of the votes so cast, to the City Clerk. SECTION 6. 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 § 14401 of the California Elections Code. SECTION 7. That the City of Bakersfield recognizes that additional costs will be incurred by the County and shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 8. The City Clerk is hereby authorized and directed to certify the adoption of this resolution, transmit and file it with the Board of Supervisors and the County Election Department of the County of Kern. SECTION 9. That the City Council of the City of Bakersfield authorizes Mayor Bob Price to file a written argument in support, regarding the City measures as specified above in accordance with Article 4, Chapter 3, Division 9 of the California Elections Code, and to change the arguments up to, until, and including the date fixed by the City Clerk after which, no arguments for or against the City measure may be submitted. SECTION 10. That the provisions for the filing of rebuttal arguments shall be allowed in accordance with Resolution No. 161-95, adopted October 11, 1995 by the City Council of the City of Bakersfield and attached hereto as Exhibit "A." SECTION 11. That the City Council of the City of Bakersfield directs the City Clerk to transmit a copy of the measures to the City Attorney. The City Attorney shall prepare an impartial analysis in accordance with §9280 of the California Elections Code on each measure concerning the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk according to law. -3- SECTION 12. The City Clerk is hereby authorized and directed to give all Notices and perform all advertising as required by law and perform or cause to be performed all the duties and functions in the conduct of the election as required by State law. .......... 000 .......... -4- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on OCT 2 0 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNClLMEMBER ~0 COUNCILMEMBER ~0¢~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED OCT 20 1999 BOB4~I~ICE MAYOR of the City of Bakersfield APPROVED as to form: B~RT~t~ II~TG E~ CITY ATTORNEY of the City of Bakersfield :pmc S:\ELECTION\RESOLUTN\MAR7CONS.00.wpd October 13, 1999 -5- EXHIBIT NO._ a=SOLU' ON NO. 1 6 1 ' 9 5 A RESOLUTION PROVIDING FOR FILING OF ~UTTAL ARGUMENTS FOR CITY MEASURES SUB~I'a-a'~u AT THE CITY OF BAKERSFI~-n SPECIAL MUNICIPAL ELECTION W~F~AS, S 9220 and S9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, T~w~FOI~, TH~ CITY COUNCIL OF 'r~ CITY OF BAKERSFIELD, CALIFORNIA, DOBS RESOLVE, DECLARE, Dm'x~INE AND ORDER AS FOLLOWS: Section 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measures which will be printed and distributed to the voters, the City Clerk shall send copies of the arguments in favor of the measures to the authors of the arguments against, and copies of the arguments against to the authors of the arguments in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. Section 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. Section 3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election after that time. Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. I ~Y CEi~TIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on OCT ! ~ , by the following vote: ~TAIN: COUNC,J, ~: ~O~8ER CI~ ~.R~ and ~ Officio Clerk of the Council of the City of Bakersfield APPROVED as to form: the City of Bakersfield CW/gjr Resolutn\Rebut.Arg 9/29/95, 10:04am -2-