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HomeMy WebLinkAboutReso 1992-16525 RESOLUTION 16525 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION AND REQUESTING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 2, 1992, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS AN ADVISORY QUESTION REGARDING THE BI-NATIONAL AIRPORT AND A CHARTER AMENDMENT REGARDING RUN-OFF ELECTIONS, AND APPROPRIATING FUNDS THEREFOR WHEREAS, under the provisions of the Chula Vista Charter, a Special Municipal Election shall be held on June 2, 1992 for the purpose of submitting to the voters an advisory question regarding the Bi-National Airport and a Charter Amendment regarding run-off elections; and, WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary election to be held on the same date and conducted in all respects as if there were only one election within the City with the same precincts, polling places, and election officers, and that the San Diego County Registrar of Voters canvass the returns of the Special Municipal Election; and, WHEREAS, this is a Special Election, funds need to be appropriated to cover the cost of said election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the Chula Vista Charter, there is called and ordered to be held in the City of Chula Vista on Tuesday, June 2, 1992, a Special Municipal Election for the purpose of submitting to the voters the following advisory question: ADVISORY VOTE ONLY -- Do the citizens of Chula YES Vista want a Bi-National Airport to be located at the border between the United States and Mexico at Otay Mesa? NO Resolution No. 16525 Page 2 SECTION 2. That the proposed Charter Amendment to be submitted to the voters is as follows: Runoff Elections: Should the Charter be amended to move up the general municipal election from YES November to June of even numbered years; require that, if no candidate secures a majority (50~ plus 1) of the votes at the general election, a runoff election be held in November between the two highest candidates; and establish that the successful candidate, whether elected in June or NO November, shall assume office the first Tuesday in December (the date they are currently seated)? SECTION 3. Upon certification of the results of the election wherein it is truly and properly certified that the aforementioned ballot label has received an affirmative vote by a majority of votes cast, the following changes to the Charter shall be deemed ordained by the People of the City of Chula Vista: Sec. 300. Members, Eligibility and Terms. A__. There shall be a City Council of five members, consisting of four Councilmembers and a Mayor, elected from the City at large at the times and in the manner provided in this Charter. B__. No person shall be eligible to hold office as members of the City Council unless they are residents of the City of Chula Vista, and at the time of their election or appointment, qualified electors of the City or of territory annexed thereto. C_~. The term of each member of the City Council shall be for a nominal term of four years and shall commence on the first Tuesday ~'-'~-- ccrtificaticn of election ..... ~,~ ~.. +~ n^.~ .... ~ u^~^,~ of December of the year of the election, and shall continue until a successor qualifies. ?~ .......... ~'~^' ¢-- any term for the Mayoral seat and Council seats numbered one (1) and two (2) shall be deemed to commence on every fourth anniversary of the first Tuesday of December of 1990 and the term from Council seats numbered three (3) and four (4) shall be deemed to commence on every fourth anniversary of the first Tuesday of December of 1988. D_=. No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more Resolution No. 16525 Page 3 than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Council or Mayor respectively until a period of one (1) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Council or Mayor or elected in a special election for the balance of a regular term of Mayor and/or Council for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. E__. Each Council seat shall be numbered one (1) through four (4) respectively. Persons seeking election to the City Council shall at the time of filing nomination papers, select one of said seats as the Council position for which they seek election. F~ Persons running for a Council office shall designate one of the two numbered Council seats as memorialized by resolution of the Chula Vista City Council on file in the office of the City Clerk. Should a vacancy occur at any time in a Council seat or seats, if said vacancy is to be filled by a special election as provided in Section 303 of the Charter, candidates for said vacancy shall similarly designate the appropriate numbered seat on their nominating paper. G__. Any person to be elected at a qeneral municipal election for any numbered Council seat i through 4 or the office of Mayor for which nomination papers have been filed shall be deemed elected upon receipt of the highest " ..... ma.iority of the votes cast for the particular seat or the Office of Mayor at the election. If no candidate at such qeneral municipal election receives a majority of the votes cast, there shall be a special runoff election, to be held on the same date as the statewide election date in November immediately followin~ the qeneral municipal election (if no statewide election is conducted, then on the first Tuesday after the first Monday of November of each even- numbered ~ear), between the two candidates receivinq the hiqhest and second hiqhest number of votes in the qeneral municipal election for said seat or the office of Mayor, in order to determine the winner. By way of clarification, ties amonq the candidates receivinq the two hiqhest number of votes at the qeneral municipal election shall be resolved by a special runoff election. Resolution No. 16525 Page 4 H__. Any person to be elected at a special municipal election called to fill a vacancy pursuant to the provision of Section 303 for any numbered Council seats one throuqh four or the Office of Mayor, for which nomination papers have been filed, shall be deemed elected upon receipt of a ma,iority of the votes cast for the particular seat or the Office of Mayor at the election. If no candidate at such special election receives a majority of the votes cast, there shall be a special run-off election to be held on a date set by Council as soon after such special election as practical between the two candidates receivinq the hiqhest and second hiqhest number of votes in such special election for said seat or the Office of Mayor in order to determine the winner and shall be seated upon certification of the results of the election. By way of clarification, ties amonq the candidates receivinq the two hiqhest number of votes at such special election shall be resolved by a special run-off election. I__. Any person to be elected at a special run-off election required under the provision of this section, shall be deemed elected upon receipt of the hiqhest number of votes for the particular seat or the Office of Mayor and shall be seated upon certification of the results of the election. Ties at such special run-off election shall be resolved by lot. Sec. 900. General Municipal Elections; Terms. General municipal elections for the election of Councilmembers and for such purposes as the City Council may describe shall be held in the City of Chula Vista on the first Tuesday after the first Monday in No';e~b~r June in each even numbered year. Said general municipal election for the election of Mayor and such other purposes, shall be held on the first Tuesday after the first Monday in ~c'/ember June of 1990, and every four thereafter T~ ........ ~ terms ¢^- n ..... ~ ~^~ ...... ~ years ..................................... SECTION 4. That pursuant to the requirements of Section 23302 of the Elections Code, the San Diego County Board of Supervisors is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary election to be held on the same date of Tuesday, June 2, 1992. SECTION 5. That funds in the amount of $25,000 be appropriated from the unappropriated reserve of the general fund to Account No. Resolution No. 16525 Page 5 0100-0170-5202 to cover the estimated cost of the election. SECTION 6. That the San Diego County Registrar of Voters is authorized to canvass the returns of the Special Municipal Election. SECTION 7. That the City of Chula Vista recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 8. That the City Clerk is hereby directed to file a copy of this resolution with the San Diego County Board of Supervisors and Registrar of Voters. SECTION 9. The Council reserves the authority to make minor technical changes, amendments and deletions in the actual language of the Charter amendment herewith set forth in Sections 2 and 3 between the date of adoption of this resolution and end of the public examination period, upon a finding that such change is necessary in order to have the language achieve the plain meaning of the purposes and intent of the ballot label and upon receipt of 4/5ths vote at a public hearing conducted at a televised and regularly scheduled meeting of the City Council. SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Presented by Approved~siu for ~ City Clerk City Attorney Resolution No. 16525 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of March, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmember: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16525 was duly passed, approved, and adopted by the City Council held on the 3rd day of March, 1992. Executed this 3rd day of March, 1992. Beverly ~. Authelet, City Clerk