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HomeMy WebLinkAboutAgenda Report - December 16, 1987 (51)Ci-lY MEETlfic- DEIFMBEP IG, l987 VARIOUS A[TlDNS -^ TAKEN APRIL 12, 1988 GENERAL MUNICIPAL ELECTION City Clerk Reimche introduced various matters pertaining to the April 12, 1988 General Municipal Election. Following CC -18 discussion, Council took the following actions: RES' NO. -174 On motion of Council Member Pinkerton, Reid second, Council adopted Resolution No. 87-174 ordering the Canvass of the April 12, 1988 General Municipal [lection' RES. NO' 87-175 On motion of Council Member Reid, Snider second, Council adopted Resolution No. 87-175 - A resolution of the City Council of the City of Lodi providing for the appointment to the offices of this City that were to be elected April 12, 1988 of the persons who have been nominated if there are not more candidates than offices to be elected' RES. NO. 87'176 On motion of Council Member Reid, Snider second, Council adopted Resolution No, 87-176 - A Resolution of the City Council of the City of Lodi, California, providing that the determination of a tie vote by candidates who received an equal number of votes and the highest number of votes for one office for the April 12, 1988 General Municipal [lection will be by lot. Tv: THE CITY COUNCIL FROM: THE CITY MANAGER'S OFFICE i 0 M M U N T C n. . _ *S 'D'ECEMBER 16, IJ8 SUBJECT: ADOPT RESOLUTION ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1988 TO BE MADE BY THE CITY CLERK RECOMMENDED ACTION: It would be appropriate for the Lodi City Council to adopt the attached resolution ordering the canvass of the General Municipal Election to be held on Tuesday, April 12, 1988 be made by the City Clerk. Section 22932 and 22932.5 of the Elections Code of the State of California provides for the governing body, by resolution duly adopter prior to the election, to order the canvass of the election to be made by the City Clerk prior to the first tuesday after the election. Upon the completion of the canvass the City Clerk shall certify the results to the governing body on the first tuesday after the election. The governing body of the city shall meet at their usual place of meeting on the first tuesday after the election to receive the canvass of the election and to install the newly elected officers. The body shall declare elected, the persons having the highest number of votes given for each office. Upon the completion and receipt of the canvass, and before installing the new officers, the body shall pass a resolution reciting the fact of the election in form as set forth by the Elections Code of the State of California. Alice M. Reinche City Clerk AMR:jj COUNCO21 TXTA,.02D RrCnt •rTTON NO. 107 ,7- ri RESGL'UTiOiv i1F THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1988, 6E MADE 8Y THE CITY CLERK WHEREAS, a General Municipal Election will be held and conducted in the Ci�4 of Lodi, Cal Jo rnia, on Tuesday, April 12, 1988 as required by law; and WFEREAS, the City Council desires the canvass of the election to be made by the City Clerk; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERtMINE AND ORDER AS ALLOWS: SECTION 1. That, pursuant to Section 22932.5 of the elections Code of the State of California, the canvass of the General Municipal Election, to be held is ordered to be made by the City Clerk. SECTION 2. That the City Clerk shall complete the canvass of the election prior to April 19, 1988; and shall certify the results to the City Council on April 19, 1988. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and entzr it into the book of original resolutions. Dated: December 16, 1987 I hereby certify that Resolution No. 87-174 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 16, 1987 by the following vote: Ayes: Council Members - Pinkerton, Reid, Snider and Olson (Mayor) Noes: Council Members - None Absent: Council Members - Hinchman Alice M. Reimche City Clerk 87-174 TO: TO: rROM: .S IJ L,Jr L-1 C 0_ H C I 1 - THE CITY COUNCIL THL CITY MPUNAGER'S C}CF-Ir: C0MMUN1CAT ON COUr,t " M_rFTT}•IC DATE ESTABLISH POLICY ,r NO Virg, OR ONLY vhE, r�ckS?;iV 1S ;,li,it;TEC rah Nfd tL�� lrVE v� OFFICE IN THE APRIL 12, .988 GFrJERAL MUNICIPAL ELECTION RECOMMENDED ACTION: That Council adopt Resolution No. 87-175 - A Resolution of the City Council of the City of Lodi providing for the appointment to the offices of this city that were to be elected Tuesday, April 12, I988 of the persons who have been nominated if there are not more candidates than offices to be elected. Section 22843.5 and 22844 o` the Elections Code allows for one of the following courses of action to be taken by the City Council in the event there are riot more candidates than offices to be elected, or if no one is nominated: I. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has beer, nominated. 3. Hold the election if either nu one or only one person has been nominated. Council may recall that a number of years ago only the incumbents were dominated for office at the Geieral Municipal Election.. State Statute, at that time, mandated that the election be held. The City had to bear the cost of the election and the voter turnout was extremely low. State Statutes have since been amended to allow for a number of courses of action, which can be followed, should this happen; However, the decision on which course of action is to be followed must be adopted by the Council prior to the election. The provisions of this statute does not apply if, at the subject election, more than one person has been nominated to another city office to be elected or, a City-wide bases or a city measure has qualified to be placed on the ballot. In the event that :,o nominations are received, this matter will be brought back to the Council following the close of nominations for Council to decide if it wishes to appoint eligible voters to the office or hold the election which would then allow for write-in candidates. i � kuj Alice M. Reimche City Clerk AMR: jj COUNCO22 TXTA.02D RIC�lt �!T+01" p1n R'r 175 "��� :c"i ter., ,i - I r11T "T r!1 for^i 7- 1 r..i F(��ni'a RKE OLili1VI'� V� —1 BE 10D'I L, VVLle4Ii Lt i� Ti1L Lii`.. OF LvD , ik,, It Giif�lh, PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED TUESDAY APRIL 12, 1988, OF THE PERSONS WHO HAVE BEEN NOMiNATED IF THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED WHEREAS, Section 22843.5 and 22844 of the Elections Code of the State of California allows for one of the following courses of action to be taken by the City Council if there are not more candidates than offices to be elected: 1. Appoint to the office the person who has been nominated 2. Appoint to the of€ice any eligible voter if no one has been nominated 3. Hold the election if either no one or only one person has been nominated RESOLVED, that the City Council of the City of Lodi does hereby declare its intention to appoint to the office the person who has been nominated. BE IT FURTHER RESOLVED that the City Council of the City of Lodi does hereby direct the City U'lerk to proceed with the provisions of 22843.5 and 22844 of the State of Califor0 a Elections rode as they pertain to the General Municipal Election of April 12, 1988. Dated: December 16, 1987 i hereby certify that Resolution No. 87-175 was passed and adopted by the City Council of the City of Lodi in a regular meeting held De, -ember 16, 1987 by the following vote: Ayes: Council Members - Pinkerton, Reid, Snider and Olson (Mayor) Noes: Council Members - None Absent: Council Members - Hinchman Alice M. Reimche City Clerk 87-175 CC_ NC I L CO.rFEC jl+' CA _ 0 TO: THE CITY COUNCIL COUNCIL MEETING DATE: FROM: THE CITY MANAGER'S OFFICE DECEMBER 16, 1987 SUBJECT: ESTABLISH PROCEDURE TO BE FOLLOWED IN THE EVENT OF A TIE VOTE INVOLVING THOSE CANDIDATES WHO RECEIVE AN EQUAL NUMBER OF VOTES AND THE HIGHEST NUMBER OF VOTES FOR AN ELECTIVE OFFICE RECOMMENDED ACTION: That Council adopt Resolution No. 87-176 (Exhibit A) providing that the determining of a tie vote by candidates who receive an equal number of votes and the highest number of votes for one office in the April 12, 1988 General Municipal Election be by lot. Section 20501 of the State of California Elections Code provides for determining a tie vote by lot by candidates who receive an equal number of votes and the highest number of votes for an office. In lieu of resolving a tie vote by lot, the legislative body may resolve a tie vote by the conduct of a special runoff election involving those candidates who receive an equal number of votes and the highest number of votes. (See sample resolutions attached) It is recommended that, rather than go through the time and expense of a special runoff election, that the tie vote be determined by lot. 1 Alice M. Reifnche City Clerk AMR: jj COUNCO23 TXTA.02D RLSt �i T,'_v`187_17F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, PROVIDING THAT THE DETERMINATION OF A TIE VOTE BY CANDIDATES WHO RECEIVE AN EQUAL NUMBER OF VOTES AND THE HIGHEST NUMBER OF VOTES FOR ONE OFFICE IN THE APRIL 12, 11988 GENERAL MUNICIPAL ELECTION WILL BE BY LOT RESOLVED that pursuant to Section 20501 of the State of California Elections Code, the City Co-ncil of the City of Lodi does hereby order that the determination of a tie vote by candidates who receive an equal number of votes and the highest number of votes for one office in the April 12, 1988 General Municipal Election will be by tot. Section 1. That this resolution shall apply only to the election to be held April 12, 1988 and shall then be repealed. Section 2. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.' Passed, approved and adopted on December 16, 1988 Dated: December 16, 1987 1 hereby certify that Resolution No. 87-176 was passed and adoptcs by the City Council of the City of Lodi in a regular meeting held December 16, 1987 by the following vote: Ayes: Council Members - Pinkerton, Reid, Snider and Olson (Mayor) Noes: Council Members - None Assent: Council Members - Hinchman Alice M. Reimche City Clerk 87-176