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HomeMy WebLinkAbout07/31/1991 B A K E R S F I E L D Patricia DeMond, Chair Lynn Edwards Patricia Smith Staff: Legislative: Trudy Thornton Litigation: Larry Lunardini AGENDA LEGISLATIVE AND LITIGATION Wednesday, July 31, 1991 12:00 noon City Manager's Conference Room 1. Review of Request to Change Election Dates to Coincide with State Primary and General Elections (even years) 2. Legislative Platform 3. Legislative Update CLARENCE E. MEDDERS MAYOR TO: The Litigation and Legislative Committee FROM: Clarence Medders DATE: June 4, 1991 Based upon my understanding of what transpired at the committee meeting regarding the Charter Change Proposals, I am disappointed. The items regarding the attorney and term limitations are arguable, and while the attorney's position may remain as is forever, you can rest assured some citizens' group will put term limitations on the ballot through the petition process for both the Council and Board of Supervisors. (I withdraw the request for these two items.) I do not feel changing the councilmanic elections to even years is controversial. This does not necessitate a Charter change, but rather an advisory measure because of the 5 yea'r term to get it on track. Over the years, this change would cause council elections to be much more cost effective resulting in substantial savings in the future. I.am particularly disturbed at the notion any proposal has to be approved by a group of other people. (Example: Charter Review Committee.) I feel that the Council is elected to represent the ~ and that the people are smart enough to pass or reject a measure. (The Charter Review Committee has not been real successful to date.) I am of the impression that two items will likely be on a city-wide ballot (plus Council in Wards 2, 5, and 6) in November. One of these is the ½¢ sales tax for transportation and the other a sta~e school bond issue. If these two measures are on the ballot, the cost of adding the advisory measure for changing the elections to .even years would not be prohibitive. I urge your committee to make that recommendation if there is a city-wide ballot. cc: CounCil City Manager City Attorney City Clerk Media 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3770 MEMORANDUM Hay 30, 1991 TO: LEGISLATIVE AND LITIGATION COMMITTEE FROM: CAROL WILLIAMS, CITY CLERK ~~~ SUBJECT: CITY COUNCIL ELECTION DATES VICE MAYOR REFERRAL - Currently, City Councilmembers are elected on the first Tuesday after the first Monday in November odd-year for .four (4) year terms. Mayor Medders is recommending a change of election dates to coincide with the State-wide General Election to be held the first Tuesday after the first Monday of November in each even-numbered year. Based on City Charter Section 67, changing Council election dates does not require a Charter Amendment. The Council may change election dates by Ordinance. CITY CHARTER: SECTION 67 - DATE OF GENERAL MUNICIPAL ELECTION A general municipal election for the election of members of the Council, and for such other purposes as the Council may prescribe, shall be held in the City of Bakersfield on the first Tuesday after the first Monday in November of each odd-numbered year, except as otherwise provided by ordinance of the Council. The person having the highest number of votes given for each office shall be elected. The elected members of the Council shall hold office until their successors are elected or appointed and qualified. (Amended November 8, 1988: amended June 8, 1982: amended June 8, 1976). By changing the Council election date to coincide with the State-wide General Election held in November of each even numbered year, the City of Bakersfield would be able to share the costs with each participating entity that conducts an election encompassing any area of the City of Bakersfield. Federal and State Offices, and Local County Offices City of Bakersfield - Mayor (Runoff) Legislative and Litigation Committee May 30, 1991 Page Two Kern County Board of Education Kern Community College District Norris School District Kern High School District Bakersfield City School District Panama - Buena Vista Union School District Rosedale Union School District In March 1991, the Kern High School District changed their election date from November odd-year to November even-year. Therefore, the City will not have that agency to share in the election costs. The City should be prepared to pay full costs, and if another entity should decide to place something on the ballot, the City will incur some savings. There are many variables that affect the cost of-elections. The number of registered voters, the number of ballots and the amount of printing. When the City is the only entity conducting an election, the City pays for all costs such as: election officers payroll, polling place rental, absentee ballot process and delivery and pick up of precinct supplies. When other entities share the election, these costs are prorated to each entity. The following reflects previous Election expenses from the County of Kern and does not include miscellaneous expenses the City Clerk incurs related to elections. November 1990 - City Wide Measure ................. $14,000 ($.18 per voter - 84,883 voters) Cost shared with Kern County November 1989 - Four (4) Council Wards ............ $42,000 ($.93 per voter) Costs shared with Bakersfield City School, Kern High School, Fairfax School, Greenfield, Lamont, East Niles Community Services, Norris School and Rio Bravo Greely School districts. November 1988 - Mayor Runoff & Seven (7) Charter Amendments ........................................ $73,000 ($.88 per voter - 82,877 voters) 1 Full Ballot Card for 7 Charter Amendments. June 1988 - Mayor & One (1) Charter Amendment ..... $70,000 ($.92 per voter) Verification of Signatures for Charter Amendment..$11,000 November 1987 - Three (3) Council Wards...' ........ $47,200 ($1.48 per voter) Legislative and Litigation Committee May 30, 1991 Page Three (The City Clerk expenses include publication legal notices, translation fees, printing costs for miscellaneous forms.) The following reflects Election activity for the next six years if the Council chooses to change their election dates. NOVEMBER 1991 - WARDS 2, 5, 6 - Four Year Term - Expires 1995 NOTE: (TERMS WOULD NEED TO BE EXTENDED ONE (1') YEAR TO NOV. 1996.) JUNE 1992 - MAYOR PRIMARY (NO CHANGE) NOVEMBER 1992 - MAYOR (RUNOFF) (NO CHANGE) NOVEMBER 1993 - WARDS 1, 3, 4, & 7 - Four Year Term NOTE: (TERMS WOULD NEED TO BE EXTENDED ONE (1) YEAR TO NOV. 1994) JUNE 1996 - MAYOR PRIMARY (NO CHANGE) NOVEMBER 1996 - WARD 2, 5, & 6 (Mayor Runoff if necessary) There are several considerations. The Government Code Section 36503.5 provides for changing election dates and extending Council's terms of office. If the Committee chooses to do this, a more detailed discussion with the City Attorney's Office regarding the timing of the ordinance would be appropriate. ELEC.3 § ~ ~GOVERNMENT CODE GOVERNM city electo¥ate at a general municipal election. City officers holding elective (b) As the city office shall hold office for their prescribed terms from the Tuesday no term of suc. ceed~g their election and until their successors are elected and qualified. As used in Amended Stats 1978 ch 1376 4 22; Stats 1979 ch 376 4 2; Stats 1981 ch 1013 4 2, effective September 30, upon whic]r. 1981; stats 1982 ch 466 4 67 (Ch 218 prevails), ch 218 § 1; Stats 19~ ch 1172 sec 1; Stats 1990 ch 2 4 2 first Tuesd~ (sB 1315), effective February 6, 19~0.. that day, in L97~ Ammdmmt: Substituted "second Tuesday in April" for "first Tuesday after the f~t Monday in (¢) 'If all e March" in the first senUmce, collsolidate~ 1979 Amendm~m: Substituted "and except as authorized by Section 36504" for "of this code" in the first 23300) of sentenc~ govern the 19111 Amendm,,nt: Substituted "Section 36503.5 or 36504" for "Section 36504". the munici 19112 Amendm~mt: (1) Substituted "SectiOn 35443" for "Section 34329.1" ia the first sentence;, (2) applicable t substituted "all elective city offices shall be filled by the city electorate" for "city councilmen, the city olerk, and the city t~,~r stu~ be el~ by the city el~tors" ~- the s~ad s~m~ and ~3) amend (d) If, puts the third sentence by (a) substituting "officers holding elective city office" for "councilmen, the city clerk, the same d~ and the city treasurer"; Co) substituting "their pr. escribed terms" for "four years"; and (e) deleting the would have comma al~*r "~heir election", sucAT, eedillg 1988 Amendment Substituted "Section 57379" for "Section 335443" in the first sentence, illstead, cot 1990 Amendment Substituted "Section 36503.5, 36504, or 36504.5" for "Section 36503.5 or 36504,". the day of Note--Stats 1981 ch 1013 also provides: elected and SEC. 4. If any section, part, clause, or phrase of this measure or the application thereof to any person (e) Within or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision measure which can be given effect without the invalid provision or application, and to this end the registered v provisions of this measure are severable. Similar provision: Elec C § 2601. notice sha~ Ca~ Jur 3d C~ev) mecaons 4 11. election dar ca~ Jur 3d Mumcipalities §4 168, 223. (f) If a ciV. 56 Ops Arty Gen 327 (absence of authority for electors of general law city to reduce term of city election fo[ councilman ~ four years to two years, w~th exception of office of mayor), thereafter 57 Ops Atty Gen 89 (time nominations may be taken for general municipal election, in view of Sta~ aff,,c, orda~ce 1973, ch 1146; the statute as not intruding into city electors' constitutional to initiative and referendum; repealed by amendment of this section by the statute as neo~rily repealing by implication any provision of law (g) If the previously fixing term of present incumbent councilmen at four yea~; absence of statutory authority to compensate incumbent councilmen for salary lost due to shortened term), section, at. by the boar Ad_d__n~_ Stats 19 § 36503.5. Option concerning when general municipal election held; Effect ch 188 42. on terms of office; Notice to public t08~ 4 2, effec~ (a) (1) A citY council may enact an ordinance requiring its general munici- 1982 pal election to be held on the same day as the statewidc direct primary sub(h Co)-(e) election, the day of the statewide general election, or on the day of school by (a)substitut: district elections, as set forth in Section 2602 of the Elections Code. Any anal their succ ordinance adopted pursuant to this subdivision shall become opea'ative upon for "extended the approval of the board of supervisors. An ordinance shall be approved by paragraph. the board of supervisors unless the ballot style, voting equipment, or "the provisions computer capability is such that additional elections or materials cannot be LOS7 Ameadme handled. Prior to adoption of a resolution to either approve or deny a (aX1); consolidation request, the board or boards of superviSOrs shall each obtain school disu-ict from the elections official a report on the cost effectiveness of the proposed (As amended action, elso amended (2) A citY, by itself or in concert with other cities, may purchase or lVot~-se~ the otherwise contribute to the purchase of elections equipment, including, but ~Vote--Stats 1 not limited to, a computer for the purposes of conducting a consolidated s,v.c.s. The L election when the equipment shall be owned by the county, are 26 I~0 c, ov c,~el I~o c, ov c O VF~',q~NT COD~ § ~0~.~ ~n.'C4t~Y off/cers hol~g el~five ~) ~ the r~t of the ~opfion of ~ ordi~a~ p~t to ~ ~tion, ~n~ te~ from the Tu~y no t~ of o~ s~ ~ Mer~ or d~r~ by more t~ 12 montM. ~son ~e el~t~ ~d q~. ~ ~ M t~ su~sion, "12 montM" m~ the ~fi~ ~ the ~y :~ 1981 ch 1013 ~ 2, eff~ve ~ 30, U~n w~ch the te~ of offi~ wo~d othe~ have ~mm~ ~d the 'mm ~eh 1172~ 1; Sram l~ch2 ~2 ~1 Tu~y ~er the s~nd M~y ~ the 12th month ~fore or ~er t~t ~y, ~clmive. :r "~t tu~ ~ the ~ Money m (c) ff ~ elation is held p~t to su~sion (a), ~d the el~ion is' ~o~t~ ~th ~other elation, P~ 2.5 (~mm~c~g ~th S~tion ~Uon 365~" for "often" ~the~t 233~) of Di~sion 14, exert S~tion 23302, of the El~tions ~e sh~ govern the consolation, ~d, ~ the cowry clerk is r~u~t~ to ~nduct -"S~on365~". the m~eip~ elation, S~tion 22~3 of the Elations Code s~ be ~on 34329.1" in the ~t ~ (2) app~ble to that elation. el~m~" for "dW ~m. ~e ci~. ~" i~ t~ ~d ~: ~ (3)~d~ (d) If, p~t to sub~sion (a), a g~er~ m~eip~ elation is held on city o~" for "co~c~ the Oty clerk, ~ the s~e ~y ~ a state,de elation, those city o~n who~ te~ of o~ce ~s" for "fo~ y~"; ~d (e) dele~g the ~ wo~d have, prior to the adoption of the or~, exp~ on the Tu~y ~ sung the s~ond Tu~y ~ Ap~ of ~ ev~-n~~ y~, sh~, ~5~3" ~ the ~t ~. ~ ~t~, continue ~ the~ o~ ~tfl no later th~ the fo~h Tu~y ~er :~.5" for "s~tion 36503.5 or 365~,". the ~y of the g~er~ m~cip~ elation, ~d ~tfl th~ su~ ~e el~t~ ~d q~ljfi~. :re or the appfi~uon th~fto ~y ~n (e) Within 30 ~ys ~er the or~ ~om~ ope~five p~t to 5~t o~ pro~sio~ or apph~uo~ of the .'~sion or app~uon, ~d to ~ ~d the nofi~ sh~ ~o ~o~ the vot~ that ~ a r~t ~ the c~ge m the ~ elation ~te, el~t~ city o~holden' te~ ~ o~ ~ ~ c~g~. ~ (O If a ci~ adop~ ~ or~ p~t to su~sion (a), the m~cip~ g~e~ ~w ciw to r~ ~ of ei~ e!~tion fo~o~g the adoption of the or~ ~d ~h m~dp~ elation · fi~ of myor), ther~er sh~ ;~ m~v~ e~no~, m ~ew of Sm~ a~or~ ~th suMi~sion (a), ~s the or~ m qu~n ~ later :o~m~om to ~ve ~d re~d~; ' r~ by the ci~ co~efl. ~g by ~pfi~fion ~y pro,on of ~w ~ (g) If the ~te of a gener~ m~dpfl elation is ch~g~ p~t to t~s ~ y~; a~ of s~to~ au~o~W to :~ ~). ~ s~on, at l~t one el~tion sh~ ~ held before the or~, ~ approved ~ by the bo~d of supe~iso~, may ~ subs~uently rep~ or am~d~. Add~ Sm~ 1981 ch 1013 ~ 3, eff~five ~ 30, 1981; ~md~ Sm~ 1982 ch 218 ~ 2; S~m 1986 ~eip~ elation hel& Eff~t c~ 188 ~ 2. ~m~ sram 1987 ch 2 ~ 6, eff~ve M~ch 3, 1987,_ch 84 ~ 5, ~ve l~e ~, 1987, ch 1083 ~ 2, eff~ve ~ 24, 1987. ~ce req~g i~ gener~ m~ci- ~2 ~m~u (1) A~ the ~rd ~ of sum (a); (2) ~ sum ~); (3) r~m~ fo~ ~he s~te~de ~ p~ su~ ~e) w ~ su~ (c~0; (4) ~d~ ", exit ~fion 233~," ~ su~ (e); (~ ~ su~ (d) ~tion, or on the ~y of school by (a) su~m~g "d~ o~ wh~" for "el~ dry o~ wh~ fo~-y~'; ~d ~) ~g ", ~d 02 of the Elections Code. ~y ~ th~ s~ ~e el~ ~d q~mii~" at ~e ~d of ~e su~i~ (~ su~fim~ "c~g~" · ~n sh~ b~ome ope~ve upon for "ex~d~ ~d that no te~ s~ ~ d~" at the ~d of su~ (e); ~d (~ ~d~ ~e l~t or~ sh~ be approved by 1~ ~~ (1) Su~fimt~ "12 mon~" for "10 mon~" at the end of su~ ~); ~d (2) delet~ s~le, voting eqmpment, or "the pro.iota ~n~ m" ~fore "Pm 2.5" ~ sum (c). :i~tions or mate~ ~ot be 1~ ~~ (1) R~i~ fom~ su~ (a) to ~ su~ (a)(1); (2) ~d~ ~e ~t ~ of su~ tO either approve or deny a (a~l); (3) ~ su~ (a~2); (4) add~ the ~nd ~ of su~ ~); (~) dd~ "or ~e ~e ~y ~ a supe~so~ sh~ ~h ob~ ~h~l ~ma eicon" ~ "sm~de d~" ~ su~ (d); ~d (~ add~ su~ ~fion (g). :.St eff~tiv~s of the propos~ (~ ~m~ by Sm~ 1987, ch 1083.'~mp~ to ~e ~fion ~ it r~d p~or to 1987. ~ ~fion w~ ~'~md~ by two ~ c~pt~, ch 2 ~d ch 84. S~ Coy C ~ 9~5.) :~ther citi~, may p~eh~e or Not~ the Note fo~o~ng ~ 36503. ~:io~ eqmpment, mclu~g, but Note4mm 1987 ch 2 pro~d~: of conducting a conso~dat~ sac. 8. ~e ~e h~by ~y ~he co~ty. ~e d~ato~ of, ~d do not wnsfim~ a su~uve ch~ge m. e~g law. June 9, 1991 Second Thoughts On .Local Elections By Richard Ross Special to The Bee Sacramento's mayoral elections have al- The job of the press is to keep political ways been daily front page news. But city campaigns honest. Good newspapers don't elections have been moved to even-numbered just report who said what about whom; they years. Instead of being the marquee race of an try to call the balls 'and strikes in election important city, the sounds of next year's Sacra- contests. - mento mayoral contest will likely be drowned Still, there are only so many experienced out by the dm of multimillion-dollar nationalreporters. There are only so many colunm- and statewide campaigns, inches or minutes of air time that newspapers The move from odd- to even-year local or television and radio stations will allot to elections was well intentioned. And there is campaign coverage. And there is a limit to merit in trying new things with government and what mOst voters can consume during a single pohtics---the democratic processwon'timprove political season. without fresh ideas. That means that as the length of the ballot B ut the shift in balloting on local issues and ~ows, fewer column-inches and less air time candidates from odd- to even-numbered years are devoted to each item being decided. And needs to be reconsidered, since the most experienced political reporters Two good arguments helped convince 1o- are usually assigned to more highly visible :aiities to move theft' elections to even-hum- statewide campaigns, local electionsoftenget bered years: Local government would save less attention. money ti cities, counties and the state shared. As coverage declines, the power of po- elect/ons costs. And the switch was a simple litical consultants increases. Little informa- wav to increase the number of citizens casting tion is provided voters other than what the votes for local candidates and ballot proposals, campaigns commumcate. As press coverage Those two things seemed to have hap- becomes skimpier, consultants see more and pened. But the law of unintended consequencesmore wisdom in "lowballing" a campaign: has also been at work. saying little, waiting until election day draws LastDecember, veteranLosAngeleSTimes near, and then saying whatever they must. political columnist Bill Boyarsk'y wrote that he The Times' Boyarsky cited the drive to c0uldn'tanalyzeakeyLosAngelestaxmeasure pass Proposition C, a l/2-cent sales tax in- because "there were so many other races, so crease for bus. rail and transportation projects much to write about, all those ballot issues..." in Los Angeles that squeaked by on last fall's Senate. This high-visibility campaign collected outcomes would change as a result of one 27 stones in the Stockton Record. The newspa- scenario or another. But we have made a trade. per printed 50 articles during the 1991 special Local elections held exclusively in odd- election held to fill Johnston's vacant Assembly numbered years did cost more money. Not as seat. many people cast ballots. But the solution may Next year, for the first me, Sacramento have created even more troublesome questions. city voters will elect their mayor in even-year I count three: ballofing. Ifthepastisaguide, the 1992mayoral · If the news media---which sees its mis- candidates will attempt to be heard over the din sion as 'informing society---cannot supply ad- of as many as 100 national state and local equate coverage when even-year ballots are campaigns contending for fi.ee media attention -cluttered with up to 100 candidates and mea- at the same tune in the greater Sacramento area. sures in a single media market, how can we. (There were over 100 ballot items before Sacra- expect citizens to pay attention? mento County voters last falk with some single · If it isn't practical (possible) to provide ballots confronting voters with over 60 indi- voters with this fundamental source of balanced vidual decisions to be made.) and objective data, are we willing to allow In 1987, the last time Sacramento chOse a political consultants to be the sole source of mayor in an odd-numbered year, there were a information that most people receive on key total of seven issues on the ballot; only two or issues? three appeared on most individual ballots. The · Do consultants on localballot items have Bee ran 126 articles on the 1987 mayoral race. a choice other than blitzing an already belea- Howmany features on the mayor' s election will gueredpublic close to election day, given the it be able to offer in 1992, with a ballot that necessity of getting voters' attention amid the includes president of the United States, an un- delugeofpoliticaladvertismgineven-yearcam- precedented two seats for the U.S. Senate, state- paigns? wide imtiatives, plus an anay of congressional The answers are we can't, we shouldn't, and legislative campaigns in new post-reappor- and we have no choice. tionment districts that could produce more vig- Whatwe've learned fi.om the experimental orous contests between Democratic and Re- shift fromodd-even to all even-year elections is publican candidates? that more ballots cast don't translate into better Sacramento has never had an even-year democracy. Burying conscientious voters with mayoral election, so there is no standard against more decisions than they can handle serves which to compare. The unsuccessfulcity-county democracy poorly. consolidation measure on last fall's ballot was Let's consider returning to the old system covered as thoroughly as possible by the Bee, ofvo~ginodd-numberedyearmunicipalelec- which wrote seven editorials endorsing the pro- tions. We can save the money someplace else posed merger. The paper printed 37 news sto-and try different ways of getting more voters to ries on this contentious local issue. Yet this participate in local elections. even-year coverage amounted to less than one- third the coverage afforded the '87 mayor's Sacramento political consultant. Richard Ross. is a race. reteran of more than 200 election campaigns, including None of this is to suggest that electionall but one of those used as a basis for this article. Proposed City of Bakersfield 1991 Legislative Platform The City of Bakersfield provides governmental decision making at the level closest to the people. It, therefore, is encumbent upon its elected officials to provide legislative leadership within the City's borders as well as when dealing with other legislative entities. The following policy statements reflect the legislative platform of the City of Bakersfield for 1991. GENERAL POLICY STATEMENTS Support legislation which enhances the City's ability to finance and economically, efficiently, and effectively provide local discretionary and state or federally mandated programs. Support legislation which provides for governmental decision making at the level closest to the people whenever it is most likely to produce the most effective and efficient result. Support legislation which enhances local land use decision-making authority. Oppose legislation which erodes local land use authority. QUALITY Of LIFE Support legislation which promotes safe, efficient, cost effective, and responsible management of the environmental components of issues such as air quality, transportation, wastewater treatment, and solid waste management. Support legislation which increases city participation in state and federal issues of regional concern. Support legislation which provides continued and equitable funding of recreational and open space programs of support. Support legislation that calls for fair representation on policy-making bodies with interjurisdictional powers (i.e., LAFCO, COG, ID-4). Support legislation which promotes drug abuse prevention with law enforcement at an early age. GENERAL GOVERNMENT Support legislation which expands the City's ability to deal on a state level with state-mandated issues affecting the financial condition of the city. Proposed 1991 Legislative Platform Page 2 July 31, 1991 Support legislation which enhances local control over program scope, implementation, and funding. · Support legislation which provides for equitable distribution of state funds for local programs. Oppose legislation which intrudes into the local collective bargaining process. FINANCES Support legislation advocating responsible and reasonable methods for the cOsts of implementation of state-mandated programs if alternative independent sources of revenue are provided and such legislation is of clear benefit to the city, Oppose the collection of fees at the local level to fund state programs!i or make up for lost state revenues at other levels (SB 2557). Support legislation which reduces the negative financial and operational impacts of tax increment financing on affected agencies. Support legislation which improves local government's ability to finance discretionary programs, Support legislation which promotes continued economic diversification within the City's sphere of influence. (m0729912)