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Home My WebLink About10/02/1990 B A K E R S F I E L D Patricia DeMond, Chair Lynn Edwards Patricia Smith Staff: Legislative: Trudy Thornton Litigation: Bob Sherfy AGENDA LEGISLATIVE AND LITIGATION Tuesday, October 2, lg90 12:00 noon city Manager's Conference Room LEGISLATIVE: Proposed Ordinance - Municipal Code Relating to Elections LITIGATION: Garriott vs. the City of 6akersfield - Update Mosley vs. City of Bakersfield City of Bakersfield vs. Mead Kinnard vs. the City of Bakersfield M EM ORA N D UM August 31, 1990 TO: Vice Mayor Ken Peterson FROM: Arthur J. Saalfield, City Attorney Please refer the following proposed ordinance to whichever committee you deem appropriate: 1) ELECTION. Background: Section 74 of the City Charter states '%Unless otherwise provided for by this Chapter or ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code and the Government Code of the State of California, as the same now/exists or may hereafter be amended." This draft ordinance amends City ordinances that are in conflict with the City Charter and will bring the .-~ Municipal Code into conformance with the Charter Amendments of 1988. (Because the Charter takes precedence over Code provisions, this is basically a housekeeping matter.) AJS/meg ORD-REFERRAL\ ELECTION.MEM Attachment cc: J. Dale Hawley Carol Williams DRAFT ORDINANCE NO. ,~N ORDINANCE OF THE COUNCIL OF THE CIT~ OF BAKERSFIELD AMENDING CHAPTER 1.16 OF THE BAKERS~.~ MUNICIPAL CODE RELATING TO ' ELECTIONS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 1.16 of the Bakersfield Municipal Code is hereby amended to read: CHAPTER 1.16 ELECTIONS ." Sections: 1.16.010 Nominating petition - Filing fee. 1.16.020 Elected.councilmember. 1.16.030 Extra h~lp for clerk. 1.16.010 Nominating petition - Filing fee. A. All candidates for mayor and/or councilperson' shall pay a filing fee of twenty-five (25) dollars to be paid upon the first presentation of the petition of nomination. B. The city council reserves the right to waive filing fees for all candidates. 1.16.020 Elected councilmember. The councilmember who has been elected to office pursuant to Section 16 of the Charter shall, after being sworn in, take office on the second regular council meeting following the date of the special election. 1.16.030 Extra help for clerk. If necessary, the council provides extra help to enable the clerk to perform his duties, under any election provision of the Charter, state statutes and municipal code. $~CTION 2. Thi~ O~dinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. 00o I B'~RRy CERTIFY that the foregoing Ordinance was passed and adopted by the Council'of the City of Bakersfield'at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield mPPROVED CLARENCE E. M~nDERS MAYOR of the C%ty of Bakersfield APPROVED as to form: CI~f ATTORNEY of the City of Bakersfield LCM/meg ELECTION.ORD 9/4/90 -- ~ -- · : MEMORANDUM AUGUST !0, 1990 TO: LOUISE CLOSS, ASSISTANT CITY ATTORNEY SUBJECT: PROPOSED ORDINANCE - ELECTIONS Please prepare an ordinance pertaining to Elections. This pro- posed ordinance reflects a "cleanup" of all the ordinances that are no longer in effect and will bring the Municipal Code into conformance with the Charter Amendments of 1988. Section 74 of the City Charter states "Unless otherwise provided for by this Chapter or ordiz.ance hereafter enacted all elections shall be held in accordance with the provi- sions of the Elections Code and the Government Code of the State of California, as the same now exists or may hereafter be amended. (Amended November 8,~:~88; Adopted November 3, !964)." Based on the above paragraph, :he following issues are the ones I have been able 'to identify that need to remain, bu~ should be amended to make them e= ....... after the Charter amendment. !) Election Code Section 22843 directs Council ~o adopt an ordinance setting filing fee for running for Mayor and Council office. This is currently reflected in Section 1.16.040 C and 1.16.240 B and E, and 1.16.340 B and ~. Perhaps these three sec- :ions can be consolidated into one.. ~. 2) Municipal Code Section 1.16.310, Elected Councilman, pro- vides a councilperson elected a% a Special Election takes office the second regular meeting following the date of Special Election. Section 19 of the Charter states the same, but applies to General Elections. Do we need a Section dealing with Special Elections? /./~. o~o August 10, 1990 Page 2 3) Municipal Code Section 1.16.390, Extra help for Clerk, should remain as follows: "If necessary, the council provides extra help to enable the clerk to perform his duties, under any election provision of the Charter, and state statutes." Please be advised that Charter Section 67.1 (b) shall take presidence in the case of a tie for the election of Mayor at the June Primary. As a result, Municipal Code Section 1.16.120 should be deleted. ~ CHAPTER 1.16 ELECTIONS Sections: Io Election of Mayor 1o16o010 Form of candidacy declaration ...... DELETE 1.16o020 Requirements of certificate ........ DELETE 1.16.030 Nominating petition--Form .......... DELETE i.16.040A&B Time for presenting nomination ..... DELETE papers and declaration of candidacy. 1.16.040 C All candidates for mayor shall ..... REMAIN pay a filing fee of twenty-five dollars to be paid upon the first presentation of the petition of nomination. !.16.040D&E Petitions in lieu of filing fee .... DELETE and form of petition in lieu. 1.16.040 F The city council reserves the ...... REMAIN right to waive filing fees for all candidates. (Ord. 2825 § 1, 1983; prior code ~ 4.06.040). 1.16.050 Nominating petition--. ............. DELETE Examination by city clerk. 1.16.060 Qualification for office ........... DELETE 1.16.070 Resolution calling elections ....... DELETE 1.16.080 List.of candidates .................. DELETE 1.16.090 Names on primary ballot ............ DELETE 1.16.100 Order of names on ballot ........... DELETE 1.16.110 Inability of candidate to fill ..... DELETE office. 1.16.120 Determination of tie vote$~..'i ..... DELETE 1.16.130 Election proclamation~ ............. DELETE 1.16.140 Applicable provisions of state ..... DELETE law. August 10, 1990~ Page 3 Sections: II. Absentee Ballots 1.16.150 Applicability of Section ........... DELETE 1.16.160 1.16.160 Return as prescribed by ............ DELETE elections code III. Special Elections. 1.16.170 Resolution calling for special ..... DELETE election. 1.16.180 Time of holding .................... DELETE 1.16o190 Occurrency of vacancy more ......... DELETE than six months prior to general election° 1.16.200 Time and form of candidacy ......... DELETE declaration. 1.16.210 Nominating petition--Form .......... DELETE 1.16.220 Nominating petition--Number ........ DELETE of certificates and requirements. 1.16.230 Nominating netition--Clerk to ...... DELETE furnish certificates. 1.16.240 A Time for submitting Nominating ..... DELETE Petitions. ~.16.240 B All candidates to fill a ........... REMAIN vacancy in the office of councilman shall pay a filing fee of twenty-five dollars, to be paid upon the first presentation of the petition of nomination. !.!6.240C&D Petitions in lieu of filing-fee and form of petition in lieu ....... DELETE 1.16.240 E The city council reserves the ...... REMAIN right to waive filing fees for all candidates. (Ord. 2825 ~ 6, 1983; prior code ~ 4.10.080). 1.16.250 Nominating petition--. ............. DELETE Examination by city clerk. 1.16~.260 List of candidates .................. DELETE 1.16.270 Names on ballot and order .......... DELETE 1.16.280 Election proclamation .............. DELETE 1.16.290 Applicable provisions of state ..... DELETE law and City Charter 1.16.300 Successful candidate ............... DELETE 1.16.310 Elected councilman ................. QUESTION? August 10, !990~ Page 4 Sections: IV. Procedure for General Municipal Election 1.16.320 Authority for procedure ............ DELETE 1.16.330 Date of general municipal .......... DELETE election. 1.16.340 A Nominating petition--Number ........ DELETE 1.16.340 B All candidates for the office ...... REMAIN of the member of the council shall pay a filing fee of twenty-five dollars to be paid upon the first presentation of the petition of nomination. !.16o340C&D Nominating petition--Insufficient..DELETE 1o16o340 E The city council reserves the ...... REMAIN right to waive filing fees for all candidates. (Ord. 2825 § 13, 1983; prior code ~ 4.16o030). 1.16o350 Nominating petition--. ............. DELETE Examination by City Clerk. 1.16.360 Withdrawal of candidate for ........ DELETE nomination. 1.16.370 List of candidates ................. DELETE 1.16.380 City Charter and Elections Code provisions .................... DELETE 1.16.390 Extra help for clerk ............... REMAIN 1.16.400 Informalities in election .......... DELETE 1.16.410 Qualifications of members of ....... DELETE council. cc: J. Dale Hawley M.LC4