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Home My WebLink About09/30/1999 BAKERSFIELD David Couch, Chair Patricia J. DeMond Jacquie Sullivan Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Thursday, September 30, 1999 2:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. ADOPT AUGUST 19, 1999 AGENDA SUMMARY REPORT 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. CONSIDERATION AND COMMITTEE RECOMMENDATION REGARDING VOTING AND NOMINATION PROCEDURES FOR COMMISSIONS, BOARDS AND COMMITTEES 6. NEW BUSINESS A. REVIEW AND COMMITTEE RECOMMENDATIONS REGARDING LEAGUE ANNUAL CONFERENCE RESOLUTIONS B. REVIEW OF PROPOSAL AND COMMITTEE RECOMMENDATION REGARDING ADDING CHAPTER 1.17 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO USE OF MAIL BALLOT ELECTIONS UNDER PROPOSITION 218 7. COMMITTEE STATEMENTS 8. ADJOURNMENT p:\L&L~,GN990930 DRAFT BAKERSFIELD AI/~'l~ndy, Ci -~ David Couch, Chair Staff: Trudy Slater~ Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, August 19, 1999 1:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:35 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmembe¢ Jacquie Sullivan 2, ADOPT JULY 15, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None DRAFT Agenda Summary Report Legislative and Litigation Committee August 19, 1999 Page 2 5. DEFERRED BUSINESS A. CONSIDERATION OF VOTING AND NOMINATION PROCEDURES FOR COMMISSIONS, BOARDS AND COMMITTEES As background information, Administrative Analyst Trudy Slater explained that at its last meeting the Committee had directed staff to produce majority and minority reports. It was learned, however, that individual committee members felt more time needed to ~be spent exploring the ramifications of the proposed actions as committee member schedules had not allowed for full discussion of the split or second vote situations. Committee members clarified that the issue being discussed did not pertain to the Planning Commission, the Citizens Community Services Advisory Committee, or the Historic Preservation Commission. The focus was on voting procedures and did not require ordinance change. After discussion, Chairperson Couch requested City Attorney Bart Thiltgen to provide the Committee with possible voting permutations which could arise from his proposed one-vote, one-point voting procedure. City Manager Alan Tandy suggested that the report be in bullet form. Further review was tabled until a future meeting. 6 NEW BUSINESS A. RECOMMENDATIONS FOR LEAGUE VOTING DELEGATE AND ALTERNATE DELEGATE TO LEAGUE ANNUAL CONFERENCE Each year, as part of the City's membership in the League of California Cities, the City Council is asked to appoint a Voting Delegate and Alternate to represent the City's position on resolutions at the annual business meeting of the League's Annual Conference. The League has requested the City provide the names of the City's Voting Delegate and Alternate by September 24, 1999 so that proper records may be established for the Annual Conference which is being held October 10-12, 1999 in San Jose. The annual business meeting will be held on Tuesday, October 12, at 9:15 a.m. at the San Jose Convention Center. The Delegate and Alternate are typically appointed from among elected leaders attending the Annual Conference. Three councilmembers have indicated plans to DRAFT Agenda Summary Report Legislative and Litigation Committee August 19, 1999 Page 3 attend the conference. Of those three, Councilmember David Couch has indicated his willingness to serve as Voting Delegate and Councilmember Jacquie Sullivan has indicated her willingness to serve as Alternate. The Legislative & Litigation Committee is, therefore, recommending that Council appoint Councilmember Couch as League Voting Delegate and Councilmember Sullivan as Alternate. 7. COMMITTEE STATEMENTS None. 8. ADJOURNMENT The meeting adjourned at 2:37 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen, Deputy City Attorney Janice Scanlan; City ' Clerk Pamela McCarthy Other Attendees: Kevin Reed (P:\L&L\L990819. MIN) ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 1.17 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO USE OF MAIL BALLOT ELECTIONS UNDER PROPOSITION 218. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 1.17 of the Bakersfield Municipal Code is hereby added to read as follows: Chapter 1.17 USE OF MAIL BALLOT ELECTIONS UNDER ARTICLES XlII C & D OF THE CALIFORNIA CONSTITUTION (PROPOSITION 218) Sections: 1.17.010 Mail ballot elections. 1.17.020 Subjects approved for all-mail elections. 1.17.030 Date of elections. 1.17.040 Procedures for conduct of all-mail elections. 1.17.010 Mail ballot elections. The City Council is hereby authorized to conduct elections wholly by mail ballot as set forth in Section 1.17.020. The City Council shall determine, pursuant to resolution, whether an election will be conducted by mail at the time the election is called. 1.17.020 Subjects approved for all-mail elections. · The following items may be the subject of an all-mail election: A. Any election to approve a special tax or a general tax as required or authorized by Article XIII C of the California Constitution. B. Any election to approve a property-related fee or charge as required or authorized by Article XIII D of the California Constitution. Page 1 of 3 C. Any assessment ballot proceeding required or authorized by Article XIII D of the California Constitution, provided, .however, that such a proceeding shall be denominated an "assessment ballot proceeding" rather than an election. 1.17.030 Date of elections. Elections authorized by this chapter shall not occur on the same date as a statewide direct primary election or statewide general election. 1.17.040 Procedures for conduct of all-mail elections. A. Elections authorized by this chapter shall be conducted in accordance with the provisions for mail ballot elections set forth in California Elections Code § 4100 and following, as now exist or as may hereafter be amended. B. This chapter is adopted pursuant to the authority granted by California Elections Code § 4000(c)(9). SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ........ _--o0o .......... Page 2 of 3 I HEREBY 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: AYES: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By:. BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN, City Attorney ROBERT M sHERFY · ~E RF.Y ~ ~- Chief Assistant City Attorney · RMS:dlr S:\COU NClL\OrdsWlI-MailElectionsOrd.wpd Page 3 of 3 BALLOT EXAMPLE T~O ~O'I'NTMI~,~TS HISTORIC PRESERVATION COMMISSION March 25, 1998 APPLICANTS BASS, Stephen T. HUDLOW, Scott M. JACKSON, Gary L. MILLER, DEAN J. RANK ACCORDING TO PREFERENCE: (Write in the Last Name) 1 Vote NOTE: Clerk will announce the candidate receiving the highest number of votes. by: Councilmember, Ward ? Return Ballot to Clerk for tabulation of results. TALLY SHEET ONE APPOINTMENT HISTORIC PRESERVATION COMMISSION March 25, 1998 WARD WARD WARD WARD WARD WARD WARD TOTAL 1 2 3 4 5 6 7 BAS S HUDLOW JACKSON MILLER The person receiving the highest number of votes for the 4-year position is: League of CalifOrnia Cities Proposed Resolutions Annual Conference, October 10-12, 1999 RESOLUTION NUMBER/ Prelim Poi Dept Leg & Lit Council Comments DESCRIPTION: Approve (A); Com Head Position Position Disapprove (D); No Action (N); Position/s Position (from mtg. Amend and take No Action (Na); of 9-30-99) Approve as Amended (Aa) 1. Amending Political Aa Aa (Increases copying charges from $ Reform Act to .10 to $ .25) Increase Fees for Copies Page 1 2. Distribution of **/Aa A (League to assist member cities in Proceeds from fair distribution of moneys) Tobacco Settlement Memorandum of Understanding Page 2 3. Supporting Na Na (Supports continuation of existing Reauthorization of the federal program. Prelim. Com. Older Americans Act recom, to amend and take no Federal Legislation action. ) Page 3 4. Stable Funding for Na Na (Recommends full funding of the Libraries Public Library Act. Prelim. Com. Page 4 recom, is to amend and take no action. ) (P:\L&L\LeagueResolutions\EXHBA-1-99) League Annual Conference Resolutions, Oct. 10-12, 1999 Page 2 RESOLUTION NUMBER/ Prelim Poi Dept Leg & Lit Council Comments DESCRIPTION: Approve (A); Com Head Position Position Disapprove (D); No Action (N); Position Position (from mtg. Amend and take No Action (Na); of 9-30-99) Approve as Amended (Aa) 5. California Public A A (Proposes adding League Employees' appointed city representative to Retirement System CalPers Board) (CalPERS) Board of Administration Membership Page 5 6. Forest Products A A (Supports voluntary labelling and Labeling requires League to prepare and Page 6 distribute forest product labelling resource book) 7. Public Hearings of Aa D (Broadens noticing requirements; California Aa recommends proscriptive Environmental Quality standards) Act Reports Page '7 8. Use of Fluoride in N* Na (No action; see #9; same issue) Public Water Supplies Page 8 (P:\L&L\LeagueResolutions\EXHBA-1-99) League Annual Conference Resolutions Oct. 10-12, 1999 Page 3 RESOLUTION NUMBER/ Prelim Poi Dept Leg & Lit Council Comments DESCRIPTION: Approve (A); Com Head Position Position Disapprove (D); No Action (N); Position Position (from mtg. Amend and take No Action (Na); of 9-30-99) Approve as Amended (Aa) 9. Use of Fluoride in Aa A (Opposes adding state mandates Public Water Supplies adding flouride or other chemicals Page 9 to water) Dept Head: City should be allowed to provide high quality water without state mandated additives 10. Local Control Over Aa A (Proposes local control siting of Group Homes with Six facilities and allows business or Fewer Clients licensing requirements) Page 10 Dept Head: Consistent with encouraging local control 11. State and Local A/N A (Promotes state and local 'Government Fiscal partnership to explore finance Reform Efforts structure changes) Page 11 12. Emergency Medical A A (Proposes restoration of local Services control for EMS) Page 12 (P:\L&L\LeagueResolutions\EXHBA-1-99) League Annual Conference Resolutions Oct. 10-12, 1999 Page 4 RESOLUTION NUMBER/ Prelim Poi Dept Leg & Lit Council Comments DESCRIPTION: Approve (A); Com Head Position Position Disapprove (D); No Action (N); Position Position (from mtg. Amend and take No Action (Na); of 9-30-99) Approve as Amended (Aa) 13. Implementing the "Tag A A (Proposes League endorse graffiti You Lose" Campaign program to be coordinated with Page 13 law enforcement) 14. Opposing Color-Tread A A (Opposes companies promoting Tires (*Revised (original) tires which leave colored tread Language) marks on streets) Page 14 15. Pro-Active Ordinance R R (refer to ( Proposes League sponsor Procedures approp, proactive ordinance procedures Page 16 Com. for instead of restrictive covenants study) relating to military base/unexploded ordnances.) 16. Support for Police, A/A A (Proposes support for proposed Fire and Local Constitutional amendment Government Service amending Art. IX) Funding Initiative Dept Head: Support; next to last Page 17 paragraph in resolution not needed * Subject matter covered in another resolution. ** Policy Committee will make final recommendation at October 9 meeting (P:\L&L\LeagueResolutions\EXHBA-1-99) (~ MEMORANDUM August 24, 1999 TO: LEGISLATIVE & LITIGATION COMMITTEE David Couch, Chair Patricia DeMond Jacquie Sullivan FROM: BART J. THILTGEN, City Attorney ,~~ SUBJECT: Voting Process for Commissions and Boards During the meeting of the Legislative & Litigation Committee on August 19, 1999, this office was requested to provide the Committee with a written synopsis of a voting methodology which could be used by the City Council in appointing members for Commissions and Boards, other than the Planning Commission. In addition, this synopsis should include a statistical evaluation of the permutations which could be encountered during this voting process. This process could be used for any number of applicants for' any single, or multiple, vacant position(s). Based upon the Committee's discussion, the following process is proposed: 1) Each Council member would have only one vote to cast for a single individual during each individual round of voting (a maximum of seven votes cast during any single round); 2) Each Council member would have the right to change their vote from one individual to another during subsequent rounds of voting, if a subsequent round is needed; · 3) In the event the voting process results in a three-to-three tie between two remaining individuals (due to the Council members present and voting not constituting a complete complement of the Council due to absence or abstention), the Mayor, in accordance with the Charter, shall be entitled to cast the deciding vote (NOTE: the Charter specifies a three-to-three tie, and therefore, the Mayor would not be authorized to vote if it were a two-to-two tie); 4) An individual applicant receiving a majority of the votes cast in the '~first round vote," and/or in the runoff, shall be deemed appointed to the position; S:\COU NCIL\MEMOS\VoteProcess-Comm &Brds.wpd Legislative & Litigation Committee August 24, 1999 Page 2 5) In the event more than one position is vacant, each position shall be voted upon and determined separately, and upon one position being filled, all remaining applicants from the first position filling process shall be entitled to be considered for the remaining position; 6) In the event the "first round vote" does not result in a single individual receiving a majority of the votes, a runoff election shall be conducted between the two individuals receiving the top number of votes cast in the "first round vote"; 7) In the event the '~irst round vote" does not result in two individuals receiving the top number of votes cast, the one individual receiving the top number of votes shall be included in the runoff, and a separate prior "interim vote" shall be cast to determine the other individual to be in the runoff, with the "interim votes" being cast among the individuals who had tied for receiving the next ~ highest number of votes in the "first round vote"; 8) In the event no individual receives any votes more than any other individual in the "first round vote" (for example, seven applicants each receiving one vote), the Council shall cast another "first round vote" until at least one individual receives more votes than another and then proceed in accordance with the proposed voting process; 9) In the event an "interim vote" results in a tie of the highest number of votes cast between two or more individuals, the Council shall conduct as many as required "interim votes" to determine the individual to be included in the runoff. In most circumstances, the following statistical circumstance will likely not occur, but the worst case scenario is evaluated. This evaluation is based upon seven or more apPlicants for a single position with all seven Council members voting during each round of votes. In the event a Council Member was not present, abstained, or refrained, from voting, the statistical permutations could increase markedly due to the greater possibility of ties during "interim vote" to determine the individuals to be included in the runoff~ Attached is a chart showing the potential permutations. As shown in Table I of the attached chart, during the first round of voting, a total of 15 different potential votes could be obtained. Of these 15, (*) 7 would result in a single individual receiving a majority of the votes cast and being appointed; (**) 3 would result in the identification of the two top vote receivers, between whom the runoff would be conducted; (***) 1 would result in seven individuals receiving one vote each, requiring the Council to again conduct a "first round vote" among these seven remaining applicants; S:\COUNCIL~VlEMOS\Vote Process-Corn m&Brds.wpd Legislative & Litigation Committee August 24, 1999 Page 3 (****) 3 would result in one individual receiving more votes than anyone else, and an "interim vote" requirement to establish the second individual for the runoff; and (*****) 1 would result in three individuals receiving two votes each, with an "interim vote" being necessary to establish either the elected individual or the two individuals to be considered in the runoff. The permutations associated with the "first round vote" could theoretically result in three (3) "interim votes" to determine the second candidate to participate in the runoff. These possibilities are shown in Table II of the attachment. Excluding the one scenario where all individuals receive one vote in the"first round vote"(which is unlikely), the Council theoretically could be required to vote a range of one (1) up to five (5) times to select the person to be appointed to the position (combining the "first round vote" plus the potential "interim votes" plus the runoff vote). It is proposed that the City Clerk prepare a ballot with the name of each applicant for the position to be provided to the Council for the ''first round vote." Subsequent votes (the "interim vote" and the runoff) could be accomplished by the Council Member writing in on a pre-prepared form the name of the individual for whom they are voting. After each vote, the forms would be tumed in to the City Clerk who would announce the tabulated results prior to initiation of a subsequent vote. All forms would be retained by the City Clerk and available to the public subsequent to the voting process as a public record. BJT:laa Attachment cc: Honorable Mayor and City Council members Alan Tandy, City Manager Pamela McCarthy, City Clerk S:~COUNCIL\MEMOS\VoteProcess-Comm&B~ds.wpd VOTING PROCESS FOR COMMISSIONS AND BOARDS VOTE PERMUTATIONS TABLE I Applicants - Number of Votes A B C _D E F G Remarks I 1 I I 1 I I *** 2 1 1 1 1 1 0 **** 2 2 1 1 I 0 0 ** 2 2 2 1 0 0 0 ..... 3 I 1 I I 0 0 **** 3 2 1 1 0 0 0 ** 3 2 2 0 0 0 0 **** 3 3 1 0 0 0 0 ** 4 1 1 1 0 0 0 * 4 2 1 0 0 0 0 * 4 3 0 0 0 0 0 * 5 1 1 0 0 0 0 * 5 2 0 0 0 0 0 * 6 1 0 0 0 0 0 * 7 0 0 0 0 0 0 * * = Single individual receiving majority and being appointed ** = Two individuals receiving highest votes, between whom runoff conducted *** = Seven individuals receiving single vote, who participate in another "first round vote" **** = One individual receiving highest vote, "interim vote" for second individual in runoff ***** = "Interim vote" among top three to determine appointee or runoff participants TABLE II Applicants - Number of Votes A B C _D _E Remarks 5 in "interim vote" 2 2 1 1 1 2nd "interim" A&B 3 2 1 1 0 A in Runoff 3 3 1 0 0 2nd "interim" A&B 4, 5, 6, or 7 votes A in Runoff 4 in "interim vote" 2 2 2 I x 2nd "interim"A, B & C 3 2 1 1 x A in Runoff 3 3 1 0 x 2nd "interim" A&B 4, 5, 6, or 7 votes A in Runoff 3 in "interim vote" 3 2 2 x x A in Runoff 3 3 I x x 2nd "interim" A&B 4, 5, 6, or 7 votes A Appointed/Runoff 2 in interim/Runoff 4, 5, 6, or 7 votes A Appointed/Runoff S:\COUNCIL\MEMOS\VoteProcess attach.wpd