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HomeMy WebLinkAbout1987-11-03 Election (5401) City of South San Francisco GENERAL MUNICIPAL ELECTION TUESDAY, NOVEMBER 3, 1987 VOTERS INFORMATION PAMPHLET Containing CANDIDATES' STATEMENTS FOR THE OFFICE OF · Member, City Council This pamphlet contains a complete list of candidates. Each candidate's statement is volunteered by the candidate, and is printed at the expense of the candidate. 400 Grand Ave., So. San Francisco, CA--Phone 877-8518 Prepared and Distributed by BARBARA A. BATFAYA, City Clerk · CANDIDATES FOR THE OFFICE OF MEMBER, CITY COUNCIL RICHARD A. HAFFEY Age: 34 Occupation: City Councilman Education and Qualifications: Elected Experience: City Council Member, 1983-present Mayor of South San Francisco, 1985 Vice Mayor of South San Francisco, 1984 South San Francisco School Board Member, 1979-1983 President of South San Francisco School Board, 1982 City Council Experience: Member, Magnolia Center Renovation Project Committee, 1983 Member, Orange Park Expansion Project Committee, 1985-present Member, Westborough Community Center Committee, 1985-present Member, City*School District Liaison Committee, 1979-1987 Member, City Goals and Objectives Committee, 1983-1987 Member, San Mateo County Visitors and Convention Bureau Board of Directors, 1983-1987 Member, San Mateo County Criminal Justice Council, 1985-1987 Education: Bachelor of Arts Degree, San Francisco State University Secondary Teaching Credential, San Francisco State University Master of Science, San Francisco State University It has been an honor and a privelige to have served this community these last four years. I have worked hard to provide the guidance and leadership necessary to maintain a high level of service to citizens and improve community facilities while see- ing that our tax dollars are spent in the most efficient manner. I am very proud of this community. I wish to transform that pride into another four years of hard work. Is/ Richard A. Haffey LOU DELL'ANGELA Age: 49 Occupation: Planning & Environmental Consultant Education and Qualifications: · Degree in Political Science from Rutgers University · South San Francisco Director of Community Development. 1979 to 1984 · More than seventeen years of senior management experience in city government · Extensive experience in city and regional planning, environmental impact analysis, redevelopment, and community revitalization · Principal of planning consulting firm in South San Francisco · Member of South San Francisco Sister City Committee and South San Francisco Historical Society · Member of Board of Directors of South San Francisco Chamber of Commerce · Member of American Institute of Certified Planners and American Planning Association · Married, father of two daughters I can bring to the City Council strong new leadership, creativity, and extensive ex- perience in government management. My in-depth knowledge of city planning and en- vironmental protection is also an important City Council need, especially in these times when area traffic congestion and environmental problems threaten the quality of life and economy of our community. I will work to expand and diversify the economic base of South San Francisco, improve job opportunities for our residents, and increase the supply of housing for seniors and other age groups in our community. I am also committed to the protection and improvement of our residential neighborhoods and business areas through sound planning, land use controls, and strong police and fire protection services. /si Louis DelrAngela CANDIDATES FOR THE OFFICE OF MEMBER, CITY COUNCIL DAVID H. ANDERSON Age: 39 Occupation: Probation Officer/Victim Center Education and Qualifications: B.A. San Jose State University My qualifications for City Council include proven skills as policy maker, negotiator and provider of direct community services. As past president of San Mateo County's Probation and Detention Association, my responsibilities included representing over 200 employees in contract negotiations; labor relationships with the Board of Supervisors. The past two years I have been on the Board of Directors of the State Coalition of Pro- bation Organizations, representing over 7500 probation staff, state wide. I par- ticipated in major policy decisions, interacting directly with state legislators. I am presently an advocate for Victims of Violent Crime, at the Victim Center, So. S.F., helping hundreds of victims obtain medical benefits, counseling, wage loss compensa- tion by the State Board of Control. To expedite victims' recovery, I interface with the Rape Crisis Center, Women's Shelter, Children Protective Services, etc. I have a proven record of working well with the state, county and community. My degree is in Behavioral Science. I was student-body treasurer, Academic Council representative, member, Board of Governors. COMMENDATIONS: Don Helbush Award; So. S.F. Police Dept; CPCA. My wife and I have three children. Is~ David H. Anderson ROBERTA CERRI TEGLIA ~oce: 46 cupation: City Councilwoman Education and Qualifications: All Souls School; Mercy High School Seattle University -- B.A. Political Science Notre Dame College -- Education Credential Governmental Experience: South San Francisco City Council, Mayor 1982 and 1985 South San Francisco Planning Commission City Council/School District Liaison Committee San Mateo County Airport Land Use Committee Airport/Community Roundtable I have worked hard to make South San Francisco an important economic force and respected leader in San Mateo County. My contributions to local improvements are a matter of record and include: · expansion of senior citizen services such as the Senior Day Care Program and Magnolia Center and Housing Complex: · renovation and expansion of existing parks (Buri-Buri, Brentwood, Westborough, Orange Memorial) to meet the needs of present and future families; · funding and implementation of the South San Francisco Airport Noise Insulation Project directly benefitting hundreds of school children and families; · downtown revitalization programs; · economic redevelopment of blighted industrial areas providing future income to support municipal services; · holding down rates set by Council for community services such as garbage collection. South San Franciscans have found me accessible and responsive to their needs and concerns. I will continue to do my best to defend our City's interests and to bring City Hall closer to the people it serves. I respectfully ask for your vote on November 3rd. Is~ Roberta Cerri Teglia CANDIDATE FOR THE OFFICE OF MEMBER, CITY COUNCIL AL BANFIELD ABe: 40 Occupation: Landscape Contractor Education and (}ualifications: A.A. Desree in Business From the College of San Mateo. Certificate in Horticulture. State licensed Landscape Contractor. Resident of South San Francisco for :t8 years. Married to Madeleine Belli Banfield. Two Children, Gigi and Michael. Decorated Vietnam Veteran. Past Chairperson and member of the South San Francisco Park and Recreation Commission from ].976-1984. Active member of San Mateo County Foster Parents Association. President of a local Employee's Federal Credit Union. My Family settled in South San Francisco in ].9~5. My grandfather, Emilio Cor- tesi, was Mayor and Councilman from 1946-:t966. It is because of my political heritage that I have always had an interest and concern for this community. This background has prepared me to want to become an integral part of the decision mak- ing body of South San Francisco. I view 8overnment as a business serving the needs of its citizens. I intend to meet those needs by encouraging input from all segments of our community before making a final decision. I can draw from my experiences as a successful businessman to enable our City to operate in a cost efficient and business like manner. I want to establish an incentive program motivating city employees to greater productivity and budl[etary respon- sibility. Isl Alfred E. Banfield RESOLUTION NO. 112-87 C~TY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF SOUTH SAN FRANCISCO ON NOVEMBER 3, 1987 WHEREAS, a General Municipal Election was held in and throughout the City of South San Francisco on the 3rd day of November 1987, pursuant to Resolution No. 76-87, for the election of two members of the City Council; and WHEREAS, the City Clerk has duly presented to the City Council of the City of South San Francisco all the returns of the votes cast at said General Municipal Election pursuant to Elections Code Sections 17088 and 23306, and WHEREAS, said City Council has inspected and examined all said returns; NOW, THEREFORE, BE IT RESOLVED by the City Council of said City that said Council finds as follows: 1. That there were twenty one thousand five hundred fifty three (21,553) registered voters in the City of South San Francisco and that seven thousand four hundred fifty seven (7,457) votes were cast in the City of South San Francisco; 2. That the names of persons voted for as submitted at said General Municipal Election are as follows: (a) As regularly-nominated candidates: Richard A. Haffey, City Councilman Councilmember Lou Dell'Angela, Planning & Environmental Consultant " David H. Anderson, Probation Officer " Roberta Cerri Teglia, City Councilwoman " Alfred E. Banfield, Landscape Contractor " (b) As write-in candidates: None. RESULTS OF SAID GENERAL MUNICIPAL ELECTION 3. CANDIDATES (a) That the record of the votes cast at said General Municipal Election in favor of said candidates as shown by the official count at each of the several precincts established throughout said City by said City Council for the purpose of conducting said Election is as shown on Exhibit "A" attached hereto, the same being a tabulation of the votes by precincts. (b) That the votes cast at said General Municipal Election in -1- favor of said candidates for the Office of City Councilmember by absentee ballot as shown by the official count, and included in the totals set forth in Exhibit "A", are as follows: ~ Richard A. Halley 384 , Lou Dell'Angela 208 David H. Anderson 145 Roberta Cerri Te§lia 441 I A1 fred E. Banfield 323 (c) That the totals, including the absentee ballots, of the votes cast at s~id General Municipal Election in favor of the candidates for Councilme~ber as shown on Exhibit "A" attached hereto, are as follows: Richard A. Haffey Lou Dell 'Angela David H. Anderson Roberta Cerri Teglia Alfred E. Banfield 3,704 1,894 1,510 3,731 2,431 !4. That the City Council of said City hereby declares that Roberta Cerri Teglia and Richard A. Halley were duly elected at said General Municipal Election es members of the City Council of South San Francisco. BE IT FURTHER RESOLVED that the City Clerk of said City shall, and she is hereby ordered to, issue Certificates of Election as follows: to Roberta Cerri Teglia and Richard A. Halley as members of the City Council. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a special meeting held on the 20th day of November , 1987, by the following vote: AYES, Councilmembers Jack Drago, Gus Nicolopulos, Roberta Cerri Teglia, Mark N. Addiego NOES, ABSTAIN ABSENT, None None Councilmember Richard A. Haffey ATTEST: -2- 0 L L, ' Ob'IL ~ · r- ~J ~ · C71 4..) r~ 0 ~ 0 Z ~¥' ~. CZ> 0 0 ?- ! ! CERTIFICATE OF COUNTY CLERK In the qatter of the CANVASS OF VOTES CAST ) IN THE ~ITY OF SOUTH SAN FRANCISCO MUNICIPAL ) ELECTIO~ CONSOLIDATED WITH THE SCHOOL ) GOVERNING BOARD AND CONSOLIDATED ELECTIONS ) held on,November 3, 1987 ) I, WARREN SLOCUM, County Clerk for the County of San Mateo, do hereby ~ertify to the City Council of the City of South San Francisco, that after tBe closing of the polls at the City of South San Francisco Municipal Election Consolidated with the School Governing Board and Consolidated Electio6s held on Tuesday, the 3rd day of November, 1987, within the City of South san Francisco for the purpose of electing two members of the City Councillfor a four year term to the vote of voters, ! caused to have taken off andlrecorded from the voting machines used at said polling places and I caused to be canvassed the absentee ballots cast at said election within the City of!South San Francisco. ~ HEREBY FURTHER CERTIFY that the record of votes cast at said polling ~,places and the results of the canvass of the absentee ballots cast for the various candidates fOr the office of Member of City Council are set forth in' Exhibit "A" attached hereto and incorporated herein by referenc~ as though fully set forth at length. IN WITNESS WHEREOF, I hereunto affix my hand and seal this 16th day of November, 1987 and file this date with the City Council of the City of South Sa~l Francisco. WARREN SLOCUM County Clerk-Recorder "EXHIBIT A" PAGE NUMBER 810.00001 STATEHENT OF RESULT OF VOTES CAST R 8 T S R L E A U ! 0 C L R S C U I L N H S D 0 F A 0 T T U R R E E S T A D L R N L E C A D A C A s ! N V T T tt G O Y A E I F L E C F A R N E S C Y L SCHOOL GOVERNING BOARD/CONSOLIDATED ELECT/ON, NOV, 3, 1987 w B 0 A O R O B s A I R O A E D 1.1 S S T E 7 T L C E N C L V i HOODSIDE ~OODSI~E NCDDSIDE LAS LOM/TAS PORTOLA VALLEY REg~{OOD CITY REOWOOD CITY SI:..-c-6N FRANCISCO S AH FRANCISCO S ~N FRANCISCO S AN FRANCISCO S AN FRANCISCO S AN FRANCISCO se F.A.cxsco so sA. so sA. F.A.clsco SA. SAN FRANCISCO $0 SAN FRANCISCO Se SAN FRANCISCO {B ~ FRANCISCO FRANC! SCO SO SAN FRANCISCO lC 2C 3C 1CC ?C 5~C 57C ]C 2C 3C qC 5C 6C TC 8C 9C lOC llC 104b 300 28.6 139 ]~C 733 289 39.~ 15~ 13C 98Z 331 1¢C 806 278 28,8 105 l?C 187 93 49.T 78~ 181 23.0 927 260 12q ~9 39°5 209 39 18.6 732 158 21.5 167 ~1 2~.5 492 137 27,8 28 15 53.5 13 1 7.6 7&3 26~ 3~o6 119 703 ZO2 Z8,5 78 57 439 108 2~,6 ~8 26 905 286 31.6 12~ 71 88? 393 %%.3 183 110 899 380 ~2.2 1~ 95 e.l 114 53 894 252 2 25.3 106 863 219 931 271 29.1 120 81 85 32 ~0 SAN FRANCISCO 22C 843 3L3 37.1 106 50 f0 SAN FRANCISCO .. 23C 878 191 2 .7 0 SAN FRANCISCO 24C 84Z 163 19o3 88 SO SAN FRANCISCO . 25C 854 169 19,7 103 40 SO SAN FRANCISCO 26C 737 170 2300 91 50 $0 SAN FRAtlKISCO ITC ~BSENTEE BALLOTS-T~PE lO ~SSENTEE BALLOIS-IYPE ¢3 ABSENTEE BALLalS-TTPE ¢e ABSENTEE BALLOTS-TYPE 45 ABSENTEE BALLOTS-TYPE 46 ABSENTEE BALLOTS-TYPE 49 *$** T O T A L S **** 46 106 69 6~ llZ 94 50 9q 73 64 125 125 47 179 177 58 153 202 82 120 56 IlO 71 55 112 103 69 136 117 48 161 90 50 173 89 60 1~2 77 7C 149 8B ~6 108 79 12 ~g 46 108 41 39 93 84 46 164 98 69 160 lOO 69 136 105 33 I 21 32 lOO 24 36 109 20 838 87C 200838~103 20836 145 32 103Z319 ~2 1¢ 25029 8458 33.7 3704 1894 1510 3731 2¢31 139 31 30 119 30 100 2 37 33 7 '/:'2 94 103 170 173 23 28 23 22 99 108 22 · 23 7q 111 · 2 ....... 2 25 . - 32 26 36 9 575 .652 103 150 2~ 23 8~ 3q 25 6 1o 506 P~E NUNBER OIOoOOCO0 ;~ATEHENT CF RESULT OF VOTES CAST R B I S r L E A U ! 0 G L R S C U I L Iq H S 0 U F A O T T U R R E E S T A O L r N L E C A D A C A S ! N V T r H G 0 Y A E T F L E C F A R N E S C Y L SCHOOL GOVERNING BOARD/COHS~LIDATED ELECTZONp NOV. 3. 1987 A 0 L e§ OH eT OA V 6 EA OE OA OR ! E B ON ON DN DB D R A S SI SL SA T N IS 15 IE IR H A F DT UT DY DA I EI EO E E C E F C G O A E L OF D1 00 0 N R D I IE I1 1 R G N I S T ] 3 5 7T L N NI N N ! c cc c c A ! IH I l I LO L L S ¥ V V V I I I I SEOUO]A UHS JEFFERSON OHS SAN NATEO UHS EAYSHORE SD BELNUNT SD BRISBANE SO BURLINGaHE SO ~[U~InE SO JE RSgN SO A SALADI SD La ~HITAS SO ' PARK 5g ~ILLuRAE SD PORTOLA YALLET SO RAYENSN~ SO REDWOOD CITY SD SAN BRUNO SO SAN CARLOS SD SA~ HATE~ SD ' $0 SaN FRAHCISCO SO CAaR!LLO UNIFIED SO LA H~NOA-PESCADERO SD UNinCORPORATED A~SENIEES COUNTY 1OTALS 13a76 881 25.3 1835 ~90 g6o7 209 3~ 18.6 732 158 21,5 700 [9~ 27,7 211553 6607 30.6 3320 1686 136~ 3290 2108 ~ 970 38~ 208 1§5 a~l 323 2~029 8q58 33,7 370~ 1891 1510 3731 2~31 63¢ 512 570 511 353 ZS? 30¢ 280 30 Z3 22 23 119 99 108 93 ~32 103 136 115 88 75 722 586 63 ,., 82 575 652 Office of the County Cle~..-Recorder WARREN SLOCUM '88 ~-7 A9 COUNTYOF SAN MATE t COUNTY CLERK-RECORDER . (iL: £LECTION DIVISION HALL OF JUSTICE AND RECORDS'REDWOOD CITY.CALIFORNIA 94063.(41~t~6 ~z~l F-)~,. i~/~0R,EEN GROVER BRANCH OFFICE' 40 TOWER ROAD, SAN MATEO, CA 94402' -''(41~3-2081 CHIEF DEPUTY January 5, 1988 Honorable Barbara Battaya, City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Dear Mrs. Battaya: Kindly find enclosed Invoice #10649 in the amount of $6,924.67 for services rendered by this Department in the conduct of the City of South San Francisco Municipal Election consolidated with the School Governing Board and Consolidated Elections held November 3, 1987. In the event that you have questions regarding the billing, feel free to call our Registration-Election Office at 573-2081. Please talk directly with Tom Patterson. We have appreciated the opportunity to work with you in the conduct of your Municipal Election. We hope to continue our cooperative effort in meeting successfully our mutual future election responsibilities. On a personal note, I wish you, your staff, the Council Members and the Mayor a successful New Year! Si ncerely, Warren Slocum County Clerk-Recorder WS:sc Enclosures 5~o / OFFICE OF THE COUNTY CLERK COUNTY OF SAN MATE0 HALL OF JUSTICE AND RECORDS · 401 MARSHALL STREET REDWOOD CITY, CA 94063 · TELEPHONE: (415) 363-4711 · · Honorable Barbara Battaya, City · City of South San Francisco · 400 Grand Avenue · South San Francisco, CA 94080 Clerk # ~0649 January 5 , ~9 88 Election Services rendered in the conduct of your City of South San Francisco Municipal Election, consolidated with the November 3, 1987 School Governing Board and Consolidated Elections $6,924.67 The law requires that fees shall be paid in'advance and accounted for daily by the Clerk. When collection is deferred by this office, it i$ expected that the courtesy will be appreciated and remittance made promptly. CENTRAL ~L~ NO.: .. _~.o/ .... COUNTY CLERK-RECORDER ,~cGISTRATION-ELECTION DIVISION CITY OF SOUTH SAN FRANICSCO MUNICIPAL ELECTION SCHOOL GOVERNING BOARD AND CONSOLIDATED ELECTIONS NOVEMBER 3, 1987 CHARGES FOR ELECTION SERVICES Pro rata share of costs involving ballot preparation printing and handling, inserting, Sample Ballot mailing, Election Officer and Polling Place fees, voting machine set-up and delivery costs, preparation for delivery to precinct, precinct supply preparation, Election Officers Precinct Indexes, Absentee voting, warehouse canvass, semi-official and official canvass Labor ................... $1,835.64 Services & Supplies and Electronic Data Processing ...... 5,089.03 Sub Total ............. $6,924.67 5% Overhead ................ -0- Total Election Charges ....... $6,924.67 UNOFFICIAL SNAP TALLY TOTALS GENERAL MUNICIPAL ELECTION NOVEMBER 3, 1987 CONSOL. LOCATION PREC'T. Lower Sunshine Grd. C01 Upper Sunshine Grd. C02 Mid Sunshine Grd. C03 Stonegate/Up.Hillside CD4 Lower Stone.Hills. C05 Parkway C06 Upper Parkw/Old Twn.CU/ Old Town/Baden C08 Pecks Lots/O|d Town C09 Mayfair/Baden C10 Circle/Mayfair/Frans.C11 Southwood/Parkhaven C12 Avalon C13 Upper Brentwood/Avalon C14 Brentwood C15 W. Winston Manor No.C16 Trailer Park ECR C17 - Winston Manor C18 W. Buri Buri C19 Serra Hi§hlnd/Buri C20 Ctry.Club/Upper Buri C21 Lower Buri Buri C22 Westborough Courts C23 Westborou§h Lower C24 Westborough Upper C25 Westborou~h South C26 Westborou§h Lower So. C2/ SUBTOTAL ABSENTEE 11/3/87 REG. TOTAL VOTERS VOTES CAST HAFFEY 449 /09 915 910 882 /56 858 3/9 /~ TOTAL .'1 "'-': °/~ COUNCILMAN (VOTE FOR TWO) DELL 'ANGELA ANDERSON TEGLIA .Y ~ ~-~o q ,---' - ~ /~/ o ~ ~ 11/ 8-qSfo 3~ 3 MEASURE K YES NO 155 ~P ~- ~ c. ~ ~ , 9 .SCHOOL GUV 3UARO/CONSOLIDA[ED ELECTION, NOV 3, 1981 SUH H A R Y R E P OR ! RERgR L_tIUH.B ER_ _. I, 3 PAGE PRINTED UN [[/05/87 A[ 02°09 PH ~: ~t [ COMHUNITY COLLEGE BRO,VI IUO.O l l 19/iq ALEXANDLR (~L) HILCIlCti lbZq ~gN6LQ_.COLLINS . 1858 21.~ JOY L. FERRA~IO 2~1 28.1 ELEANOR[ O. NEYTLE 52937 09.0 '____|..__!U_LLIO (TIL) :t[Rrlhl 2~8]0 ........................................ " ALLEUE G, SI[LING 11300 Z3,? SARAH O. (SALLY) STENAR[ 20173 ~2.3 ~i'lJHOiHY F."WELLINGS, JR 1~195 ........................................ ~.QQ~.JDE ELE~ DSI VZ . lO0.O I !.._~*H RaB~RTSOh ....... ~Z5 _ 1~.6 I LARRY E. ANDERSON 165 19.Z CARgLER. HiWSON 295 ]~.5 .............. ' ....... "-'-" ........... JEFF~RSOU ELEH UST ~2 100.0 ~_ 36/36 JO~N DENN[SDN ]qqO JANE AR~F IEL~ lqq7 lq.l MARTA I. ~OOK3INOER 562 J~H_ ~,. CAMPAGNA 2592 37.? I DAVID C. BRAND[BURG 1230 t,.9 1 ........................................ PDRTOk~.__V_~L EL. EH OSl ~Z 10o,o FRED SHEP6Rg SON [~2~ ~5,9 SAN CARLOS ELEM OSl V2 100.0 ATHEkTON MEASURE 0 Vt 100.0 I FOSTER CiTY COUNCIL VD tO0.O I REDWOOD crY MEASURE R V! 100.0 ! ...................... I I I MEASURE 0 YES 1816 70.6 I JOHN O. OL[VLR 2583 22.q I MEASURE R YES q913 58.6 I MEASURE U UO q92 21.3 I CARL OITTMAR . .2379 __20.6 i MEASURE R NO 3q59 ~1.3 ! [---:' ......... ;-~ ....................... J DAN MONIER 860 7,~ ~-~-~ .... '~ .............. ~ ............ ! .SCHOOL GuV ¢LI~RIJ/CJI~SOLIIJAfED ELECTION, NOV 5, I987 PAGE 2 PRINTED aN 11/05/87 AT 02.09 PM SUMMARY REPORT REPORT NUMBER L3 1 I~:--~-' ;:-;--: ;--~-~: :~ ........... '-'---'- I ..... ~';0'--~*;'~ ....................... I ........................................ I ,, & I BELMONT CITY COUNCIL ,~ '"" I ED RUDRIGUEZ ,t I G.R, (DICK) GREEN ,,[--'--i--jHOM~S L' S~IEERS ~ EDGAR J, STEELE I CORALIN FEIER6ACH I FRED M. ilLES[~N, JR 100,0 [ RIHO MARIINSON 2q92 21.6 [ SAN BRUNO CITY MAYOR V1 100.0 I Il/Il I ROGER CHINN ]182 27,6 I 30/30 I 2115 26.2 i FOSTER CITY MEASURE L VI IO0.O I BOB MARSHALL qq33 7~.5 1 188i 2},3 I lS/Ib.l JEFF TEITELBAUM 1§I2 25.q I 3u6 ~.q I ! ....~' .................................. I 3q8 q.3 I MEASURE L YES 1q29 31.q i SAN BRUNO CITY CNCIL V2 100.0 1 390 q.8 I.MEASURE L NO ~21 68.5 I ............................................. ~O(}~.I ....... loll 19.9 I ........................................ 1 13?0 16.9 [ H.M.B. CITY COUNCIL V2 100.0 I RUTH HARRIS 1291 12.q ........................................ I 616 [ GREG MILL. ER ................... 2320_..22,3 i--}~}]-MONT ~ity'CL~RK vi lOO.O [ I LARRY FRANZELLA 3060 29oq i7/17 I DAVID POOWOJSKI 8I? 19.2 I BEV BARNARD 3713 35.7 ........................ I TED ERIKSEN ........... 1210 29,9 l ........................................ DOROTHY HALL 353) lOO.O J TOM LEWIS 8q7-'19.~ ['-~AN'CARLOS ~[TY-CNcI[ V2 - iO0.O ........................................ [ HELEN R. BEUESEH 1312 30.8 I 23/23 BELMONT TREASURER Vi tO0.O i ................. ,''-, ..... .:::=:,:-:---i ...... il/l? I H,M.B. MEASURE P VI 100.0 I KEVIN-KELL-Y ......................... i 6/6 [ JACK M. KLOCK 785 7.~ r~__[~HARLES (CHUCK) PAETZKE 132a 32.8 I [ ROBERT G. CLAR~ ................. 122~._. 12.Z.. JEAN ZUCCA 2716 61.1 I MEASURE P YES ............ ~95' 68.~-~ BILL-LiNDEBURG 2107 21.0 ........................................ I MEASURE P NO 6?8 ~1.2 J L~RR~ (RICK) LEAL 1826 18.2 BRISBANE CITY COUNCIL V2 JO0.O J ........................................ [ ~U~. N_i~[.~ ................... ~17_. ~s.9.J ................................. ~ ..................................... RAYMOND C. MILLER 531 35,9 [ MEASURE ~ YES BT~ ~5,9 I HARGARET R, HANLEY JOHN BELL 628 26.9 I HEASURE Q NO [55~ 6~.0 I ........................................ BURLINGAHE CITY CNCIL V2 21/21100'0 il HILLBRAE CITY COUNCIL V3 16/t~lO0'O Ii 23/23 I I HIC~.~[L ~, GAL~.J~ ............ 2838 _57.b FRAN~' ~A~L-iARu .... ~q79 ~2~ i-L~Rf REBICH Zidb ZO.9 I GAYION DE ROSA 20e6 ~Z.3 JAMES J. H&'4RgCK 1091 10.0 I PAUL C. V~N [OERSIINE 3059 29.3 1 ........................................ I GLORI~ H. BARION ~378 ~1,5 I DORIS HORSE 2202 21,1 I SAN 56/56 ::::::::::::::::::::::: ........ ' .......... j JANE~"FOGARTY ............ 2983 28.6 i I BURLINGAME MEASURE S VI 100.0 [ ........................................ I 21/2t I PORTULA VAL COUNCIL V2 iO0.O I JANE M. P~NELL 7083 32.0 i [ 5/5 I SAMUE~"J~-(SKiP} 'SANZERI .... 6q81 29;2 J HEASURE S YES 17q7 ZT.q [ [ TOM MACK 8557 38.6 J MEASURE S NO qbt7 72~5 I ROBE~[_H. ANDERSON ............. ~O~__5)~.J===T2_~2~2~,TT~T=~T~_~ZT~2''~ ......... j~-~~..~,~, ...... ~.~,~_~L ..... [ CRAIG M. BROWN ~22 q~.5 J J BURLINGAHE HEASURE I VI JO0.O [ ........................................ ! 21/2t I PORTULA VAL MEASURE M VI lO0.O l I [ 5/5 l J MEASURE T YES qIq9 b~.t l J MEASURE T NO 1~37 3i.~ HEASUEE M . YEs ................ g5b . 7~3 l ~E~L~..~=~.~_.~,~L-~L.~,~'~ .... J MEASURE M NO )&5 2Z.& [ J''''' ................................... J .SCIIOOL GLJV BOARd/CJnSOLIDATED EL£CTIONt NUV )m 1987 J S U H H A R Y .:' RKP_.gB.T_. ~UMOER_. l) ,',..,j .-'l ........................................ I S.$,FRAN CITY CNClL V:~ lO0.O I 27/27 l 375O Z7.9 I 1907 lq.~ ! 2~66 18.~+ I ' I I RICHARD ~, ttAFFEY ' .... I LOU g[LLmANGELA 'J l--DAVID Ho A~IDERSUN "'J I ROBERTA CERRI TEGLIA '~_ J ~L BANFIELD ~ j.. ...................................... '" I WOODSID[ OIS[ J CNCIL VI [Og.O i 'J -- I ............... 1 ~"J I JOAN STIFF 72~ 100.0 ,~_ ~ " I WOODSIOE BISJ J CNCIL Vi lOO.O ''~ I 9/9 I '"'~ -j'-~h~"ISIOCLES G. HICHaS 5?5 100.0 "J I NOODSlDE DlSl 5 CNClL VI laO.O I 9/9 ' ~[ I~-~ ~a~ I ~O~OSIO~ OISI ~ CNCIL VI 100.0 ' ..! ......... 9/9 I ~ 1 ........................................ ~'[ I ~gODS~DE HE,SURE N Vt lO0.O '~:J ' I 9/9 :~ ! " I ME~SUR~ h .......... V~S ...... 576 I MEASURE N NS} 309 3~.9 I I__-_ '--27~. 7. 7_7.%7 ' 7 ........................... i PAGE 3 PRINTED ON 11/05/87 AT 02,09 PM PAGE .SCHOOL GOV dOARD/CONSULIDAIEO ELEClION, NOV 3, [~)87 POINTED ON i[/05/87 AI 02,09 PH SUMMARY REPORT REPORI NUMBER 13 I COLMA FIRE PROTECTION V2 tO0.O I MONIARA SAN, DST '9[ VZ [00.0 I I GEORGE J, OISPERATI ]99 29.1 I JOSEPH [. GUNIREN ID6 13.9 I I GARY C. 5RABIAN q62 3q.q i SUSAN SHAPIRA q86_._.30.5 [ ................................................................. J [~/~ [ HONTARA SAN, ~ST ~Sg V2 [00.0 [ "~ I EVA PERA 152q 2[,0 i I I ~OCH'URIEGA, JR 758 iO.I [ tlYLAN0 PAIRICK HOGAN 2]6 [?.7 l ~ ROBERT HOLUB 982 1],9 J WAYNE R, KOERTING 2i? 16.3 I { ' _,~_~UQ)..SHOA~ .......... 650 9,Z. }__~ICHAEL FUGLi ......................... 398 .J9,9_I ................................................ J I olvIo R. HAAHS 707 10.0 I JUAN E. BRIODY q?8 35.9 I I DOUGLAS HACK[NTO'~t 1226 17.~ l ........................................ l I HENLO P~RK FI~ PROl VJ 100.0 I I "~I I HICHAEL RAYNOR ~598 2~.8 I ... I SANDRA R[HM&R 308J 21.1 I ROBERT HOLUB 12{6 19,2 l I ELEANOR KNIGHT 2302 }5,8 [ ILBER[ J, {IL) ADREVENO i?iZ ~6.6 1 I OOUGL~ MERRIL~' qq46 30.5 l ........................................ [ I JAMES W. CALLAWAY ~?13 32,4 I SKYLINE WAIER DST V2 iO0,O I I PT, MONI[KA FIRE PRaT VZ 100,0 I [ I 3/] I NALIER E, R6YNIDLDS 1~ 37,7 I I MARLIN R, (M~RKJ KUHN q38 39,7 [ ........................................ .I I GRANADA SANITARY DIS[ VZ 100,0 I ] MARK J, O~ DAULA 390 31,1 l FINN T, HALBO .. ~5~5. ~8,0 i ' I HICH~EL NEINRICii I80d 11.0 1 I JEAN S, HEAR qg6[ 3O,q I SCtt00L CUV BLI.~RLI/CONSULIDAIEL) ELEC11UN, NOV .t~ 1987 SUMHAR¥ REPORT ._BEPOR!.NUHBE~ [~ .............................. l .............. ~---=--'~ ................. l ........................................ i FAIRGRND IMPROVEItENI VI lOO.O I LaW INCOME HOUSING VI tO0,O I I HEASURE A YES ~589~ 52.t I MEA$IJRE J YES ...... I MEASURE A NU ~2[b? ~1,8 [ M~ASURE J Fig PAGE 5 PRINTED ah El/uS/87 AT gA.09 PM il I ........................................ I ....... ' ................................ t"' I HEAS B-ELECT SUPT aF SCH tUO.O I BARI EXTENSION VI lO0.O '~ I I f""~ I SH CC) CHARTER AHEND YES ~.,,'793 53.b [ ME~$URE K YES 557~,7 61.5 ' I SM CL} CHARTER AMEND NO 3702~ t~b.3 I MEASURE K NU 3q828 38.q ,J -- j'~'.;'~''~ ' ............................. 1 ........................................ F'"L I NEAS C-APPI CLI. COUNSEL lO0,O 1 " I 1 I~''''' I SH CO CHARTER AMENO YES ~173q 52.9 1 " J SH CO CHARTER AMFNLI NLI 3?096 ~?o0 J ! "F---i;;:"; .................................. I MEAS D-UNCLiSSlFIED POS lOO.O I ~'/, [ SNI CD CtiARTER AHENLI YES 31555 ~Z.O 1 ; ! SH CO CIiARTER AHEND NO ~3q32 57.9 [ '~/ ..... I ........................................ I ~"J I ~EAS E-UNCLASFD 8R0 AIDE tO0.O I .... 1 ........... ~8/~] 1 t' I 1 ~' I SH CD CHt, RIER AHEND YE~ ]lOlt ~8.9 I ~' I SH CU CHARIER AH~NO NO ~8052 51.0 1 "J i;Lc'';' ................................. ! ' ~'J I MEAS F-HEM CIVIL SRV Cam lO0,O I 30071 30,,q I .................................. I. " I 1 f"';~ I SM CO CtlARTER AMENI; YES b1390 67.9 l "' ,_J_._S,H_.CO_CtlARTER AMENO NO Z562Z 32.0 l ~'~ l ........................................ l ~[ I MEAS G-EHPLYE PUL.~CTION 100,0 l I ~8/~8 1 " .... I 1 ~',._~J I ........................................ IO0.O l '~"j ] HEA5 H-INFO TO I I SH CO CItA~,TE~ AMENi) YES 097qb iJS, I l I.S,H_ CO CHARTER AMEND NO 0865 ll.~ I .0" .SCHO[}L GUV ~3~IARD/CCINSULIDATLul LL[CIILINt NLIV 3, 1787 R_E_P_OR_~' NU_H__BE.R _1 sl ........ ........................... ,...~,,~..~ REGISTRATION & TURNOUT REGISTERED VOTERS 300605 VOTI:'R ~URN']UT C[IU,~IIYWIOE PAGE 6 PRINi'ED UN 11./05/87 Al' 02..09 PM e fiou I, Barbara A. Battaya City of Sou~h San Franclsco an Election held in said City, on the Richard A. Haf~e~, was elected to the office of ' 3rd Cit~ Council , City Clerk of the , State of California, do hereby certify that at day of NovembeA , A.D. 19 87 , as appears by the Official Result of said Election on file in my office. ~lU?l~i my hand and official seal this ,~ ~ ~r lx day of NovembeA , A.D. 19 87 City Clerk Deputy STATE OF CALIFORNIA, County of San Mateo I, Richard A. Haffey , do hereby solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Consitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of eva- sion; and that I will well and faithfully discharge the duties upon which I am about to enter. City Council (Name of Office) Subscribed and sworn to before me, this City C ADVANCE DIVISION/SERVICE PRINTING CO. -- (415) 343-4843 I, Barbara A. Battaya City of South San Francisco an Election held in said City, on the Rob~2tta C~,Ari Te~glia was elected to the office of ' Citq Coun~l , City Clerk of the , State of California, do hereby certify that at day of November ,A.D. 19 87 , as appears by the Official Result of said Election on file in my office. ~tllel~l~ my hand and official seal this 20th day of Nowmb~ ,A.D. 19 87 . By Deputy STATE OF CALIFORNIA, County of San Mateo I, Roberta Cedi Te~lia , do hereby solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Consitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of eva- sion; and that I will well and faithfully discharge the duties upon which I am about to enter. City Council (Name of Office) Subscribed and sworn to before me, this ~ (Can~di-date Signature) 20th day of November , 19 87 ADVANCE DIVISION/SERViCE PRINTING CO, -- 1415) 343.4843 'FY OF SOUTH SAN FRANCISCO INTER-OFFICE MEMORANDUM DATE: TO: SUI}.IECT: FROM: November 5, 1987 Honorable City Council Unofficial Results of the General Municipal Election 11/3/87 City Clerk City Council Candidates Richard A. Haffey Lou Dell 'Angela David Anderson Roberta C. Teglia A1 Banfield Vote Percentage 3,750 28.0% 1,907 14.2% 1,533 11.4% 3,741 27.9% 2,466 18.4% Countywide Vote on Measure K Yes No Percentage 55,747 37,828 Yes 59.6% No 40.4% The above totals include all voted ballots surrendered at the precincts. Barbara A. Battaya CC: City Manager Department Heads Division Heads SS/205/9/86 CENTRAL FILE NO.:. ~'/1/0 / * * * PRESS RELEASE * * * ELECTION NOTICE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SOUTH SAN FRANCISCO WILL BE HELD TUESDAY, THE 3RD DAY OF NOVEMBER, 1987 AND THE FOLLOWING OFFICES WILL APPEAR ON THE BALLOT: MEMBER OF THE CITY COUNCIL -- FULL TERM (4 YEARS) MEMBER OF THE CITY COUNCIL -- FULL TERM (4 YEARS) All forms required for nomination to elective office shall be furnished by City Clerk Barbara A. Battaya, 400 Grand Avenue, So. San Francisco, CA 94080, beginning Monday, July 13, 1987 without charge during regular business hours (EC 22842). Nomination closes Friday, August 7, 1987, at 5:00 p.m. There will be a five day extension of the nomination period if an incumbent does not file for office which date is Wednesday, August 12, 1987, at 5:00 p.m. To be eligible to hold office one must be an elector of the City when he assumes such office, and was a registered voter of the City at the time nomination papers are issued to the candidate GC 36502 and EC 22842. Appointment to each elective office will be made pursuant to Election Code 23520 in the event there are no nominees or an insufficient number of nominees for such office. If there are any questions please call the City Clerk's Office at (415) 877-8518. The POLLS shall be opened at 7:00 a.m. and shall be kept open until 8:00 p.m. of said day when the polls shall be closed, except as otherwise provided in Section 14301 of the Elections Code. By order of the City Council of the City of South San Francisco, County of San Mateo, State of California, at a Regular Meeting held on June 24, 1987. Barbara A. City of South San Francisco Dated: CENTRAL R ECOf:~.D,5 FILE: t October 14, 1987 To: Subject: The Honorable City Council General Municipal Election November 3, 1987 - Designating and Consolidating Precincts, Designating Polling Places, Appointing Precinct Election Officers and_ Other Related Matters ACTION: Resolution RECOMMENDATION: It is recommended that the City Council adopt the Resolution relative to the General Municipal Election of November 3, 1987. __ DISCUSSION: This Resolution provides for the holding of a General Municipal Election in the City of South San Francisco; designates the polling places, appoints the precinct officers as well as other related matters. Barbara A. Battaya City Clerk BAB: tomb Att achment AS/SS 202 9/84 1M RESOLUTION NO. 110-87 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION PROVIDING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION IN THE CITY OF SOUTH SAN FRANCISCO ON THE 3RD DAY OF NOVEMBER 1987, DESIGNATING AND CONSOLIDATING PRECINCTS, DESIGNATING POLLING PLACES, APPOINTING PRECINCT ELECTION OFFICERS AND OTHER RELATED MATTERS that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. For the purpose of holding a General Municipal Election in said City on the 3rd day of November 1987, pursuant to Resolution No. 76-87, said City be and it is hereby divided into Twenty-seven (27) election precincts designated as Consolidated Precincts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27. 2. Exhibit A attached hereto and made a part hereof by this reference designates the Consolidated Precincts or Voting Precincts which contain the territory of the County precincts or combination of County precincts established by the County Clerk in accordance with the Elections Code and the precinct maps of San Mateo County on file in the office of the County Clerk. The polling place for each of said precincts are shown on Exhibit A and each of them is hereby appointed Precinct Officer for the precinct designated. The use of voting machines, same having been approved by the State Commission of Voting Machines, and approved and adopted by the County of San Mateo, is hereby approved for said election, and one machine in complete working order shall be placed in the polling place of each precinct, said polling places to be opened at 7:00 a.m. and kept open until 8:00 p.m. of said CENTraL ~ECORD~ AYES I! NOES, AB STA I N ABSENT date when said pollin~ places shall be closed. 4. The officers shall be compensated as follows: Inspector - the sum of $60.00 Judge - the sum of $50.00 5. The City Clerk shall provide or cause to be provided all supplies and services and equipment and do all acts necessary to conduct said election as provided for in the Elections Code and ocher related laws, including those ser- vices contracted for with the County of San Mateo by Resolution No. 77-87 of the City of South San Francisco. 6. The City Clerk shall give notice of the aforesaid designation of election officers and polling places by publication in the South San Francisco Enterprise Journal as required by law. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 14th day of October , 19 87 , by the following vote: Councilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Mark N. Addiego None None None ATTEST: /s/ Barbara A. Battaya City Clerk 0 EXH"~IT A TO RESOLUTION NO. 110-87 COUNTY OF SAN MATEO COUNTY CLERK-RECORDER REGISTRATION-ELECTION DIVISION CITY OF SOUTH SAN FRANCISCO GENERAL MUNICIPAL ELECTION NOVEMBER 3, 1987 CONSOLIDATED PRECINCT NUMBERS, ELECTION OFFICERS AND POLLING PLACES Consolidated No. I (consisting of County Precincts So. San Francisco I and 4) Polling Place: E1Camino High Sch. Cafeteria 1320 Mission Road Inspector - Ermen J. Rozzi Judge - Ida A. Alonso Judge - Joseph 0 Connell Judge - F. Irene Rozzi Consolidated No. 2 (consisting of County Precinct So. San Francisco 2 and 3) Polling Place: Sunshine Garden Sch., Rm. 7 1200 Miller Avenue Inspector - Judge - Judge - Judge - Walter E. Clausen Rita R. Gudaitis Salvador Cisneros Fanella R. Duplantier Consolidated No. 3 (consisting of County Precincts So. San Francisco 41 & 53) Polling Place: Mater Dolorosa Church - Hall 1044 Miller Ave. Inspector - Judge - Judge - Judge - Gertrude H. Bignardi James L. Gilchrist Phillis I. Alonso Donna J. Sartori Consolidated No. 4 (consisting of County Precinct So. San Francisco 5) Polling Place: Hillside School Multi-Purpose Rm. 1400 Hillside Blvd. Inspector - Virginia M. Mercker Judge - Isabella Yahraes Judge - Mary Franco Judge - Lois P. Hirsch Consolidated No. 5 (consisting of County Precincts So. San Francisco 6 and 8) Polling Place: Martin School - Room 12 35 School Street Inspector - Judge - Judge - Judge - Elsa L. White Timothy J. Brennan John P. 0 Quinn Carla Scrivani -1- Consolidated No. 6 (cop~isting of County Precincts So. San Francisco 15 and 16) Polling Place: Parkway Jr. High School Library 825 Park Way Inspector - Virgil C. Ohlrich Judge - Altha L. Dagler Judge - Mary Galeotti Judge - Rose Barsi Consolidated No. 7 (consisting of County Precincts So. San Francisco 13 and 14) Polling Place: Spruce School - Room 2 Inspector - Judge - Judge - Judge - Rosanna Cesca Mildred Fanucchi Lydia Abriani Juanita G. De Zordo 501 Spruce Avenue Consolidated No. 8 (consisting of County Precincts So. San Francisco 10 and 12) 400 Grand Avenue Polling Place: So. San Francisco City Hall - Foyer Enter on Miller Avenue Antoinette L. Greco Emilio A. Fontana June S. Chames Mafaloa Colombo Inspector - Judge - Jud§e - Judge - Consolidated No. 9 (consisting of County Precincts So. San Francisco 7 and 9) 313 Aspen Avenue Polling Place: Penna Garage Vernon R. Capps Ida Penna Josephine E. Compani Mary L. Lonati Inspector - Judge - Judge - Judge - Consolidated No. 10 (consisting of County Precincts So. San Francisco 18 and 40) Magnolia & Grand Aves. Polling Place: Roger Williams School School Room Leona E. Pizziconi Ida R. Guada§ni Louise A. Brusco Gertrude E. Capps Inspector - Judge - Judge - Judge - Consolidated No. 11 (consisting of County Precincts So. San Francisco 17 and 19 and 39) Polling Place: Los Cerritos School- Multi-Purpose Room 210 West Orange Ave. -2- Inspector - Norma Guglielmetti Judge - James S. Claar Judge - Ruth W. Fink Judge - Mollie Olivas Consolidated No. 12 (c~qsisting of County Precincts So San Francisco 25 and 26) Polling Place: Baden High School Multi Purp. Rm., 825 Southwood Drive Inspector - Mildred J. Eskelsen Judge - Marjorie Z. Baker Judge - Trudy Golden Judge - Diva M. Del Grande Consolidated No. 13 (consisting of County Precincts So. San Francisco 23 and 36) Polling Place: Ponderosa School Multi-Purpose Room 295 Ponderosa Road Inspector - June S. Heise Judge - Norma J. Muniz Judge - Marion M. Bragg Judge - Thelma J. Hills Consolidated No. 14 (consisting of County Precincts So. San Francisco 22 and 44) Polling Place: Nelson Garage 420 Briarwood Way Inspector - Judge - Judge - Judge - Devota M. Nelson Lorraine P. Davis Carolyn C. Damonte Marion H. Leitner Consolidated No. 15 (consisting of County Precincts So. San Francisco 20 and 21) Polling Place: Seubert Garage 224 Northwood Drive Inspector - Judge - Judge - Judge - Miriam F. Repetto Betty R. Seubert Wanda M. Stafford June M. Rodondi Consolidated No. 16 (consisting of County Precincts So. San Francisco 37 and 38) Polling Place: Mazzotti Garage 246 Wicklow Drive Inspector - Judge - Judge - Judge - Carole Mazzotti Gloria A. Galli Enoch W. Henderson Bruno P. Mazzotti Consolidated No. 17 (consisting of County Precincts So. San Francisco 43) Polling Place: Trailer Court #3 - Washroom 1700 E1 Camino Real Inspector - Bonnie Barry Judge - Bernice Rodriguez Judge - George A. Jewell Judge - Estelle D. Richmond -3- Consolidated No. 18 ( ,sisting of County Precinct So. Polling Place: E1 Rancho School - Room 3 Francisco 33 and 35) 753 Del Monte Drive Inspector - Judge - Judge - Judge - Maureen A. Dan Elizabeth M. Larnach Sandra K. Ahlsach Connie Wills Consolidated No. 19 (consisting of County Precincts So. San Francisco 32 and 52) Polling Place: Alta Loma Jr. Hi. Sch. Library 116 Romney Avenue Inspector - Judge - Judge - Judge - Jeane A. Price Frances M. Kunst Kathleen L. Kokezas Janet E. Keeney Consolidated No. 20 (consisting of County Precincts So. San Francisco 31 and 42) Polling Place: Buri Buri School Music Room 120 E1 Campo Drive Inspector - Judge - Judge - Judge - Muriel Anderson Gertrude P. Mc Callum Eries L. Quinlan Edith M. Bass Consolidated No. 21 (consisting of County Precincts So. San Francisco 29 and 30) Polling Place: Aldersgate United Meth. Church Church Hall 115 E1 Campo Dr. Inspector - Judge - Judge - Judge - Mildred L. Koster Walter Boitano Rose M. Minnick Vera Bassford Consolidated No. 22 (consisting of County Precincts So. San Francisco 27 and 28) Polling Place: Municipal Services Building Open Room 33 Arroyo Drive Inspector - Judge - Judge - Judge - Dorothy M. Molloy Lonnie C. Guinn Emma D. Ruggiero William E. Godkin Consolidated No. 23 (consisting of County Precinct So. San Francisco 34 and 47) Polling Place: St. Augustine Church Main Hall 3700 Callan Blvd. Inspector - Judge - Judge - Judge - Joseph P. Armato Lola Picchi Eleanor R. Clark Socorro H. Arroyo -4- Consolidated No. 24 (~ sisting of County Precinct So. n Francisco 24 and 46) Polling Place: So. San Francisco Fire Sta. #4 2350 Galway Place Inspector - John H. Lowe Judge - Harry E. Dorant Judge - Guilio Picchi Judge - Rosa Lee Bennett Consolidated No. 25 (consisting of County Precincts So. San Francisco 45 and 48) Polling Place: Westborough Jr. High School Faculty Dining Room 2570 Westborough Blvd. Inspector - Judge - Judge - Judge - Donald B. Nelson Elizabeth E. Jones Elizabeth M. Mc Mahon Mary E. Laurenson Consolidated No. 26 (consisting of County Precincts So. San Francisco 49 and 50) Polling Place: Foxridge School Gym 2525 Wexford Avenue Inspector - Judge - Judge - Judge - Walter F. West A1 fred P. Fourie Doris S. Wilson Arthur J. Patrick Consolidated No. 27 (consisting of County Precincts So. San Francisco 11 and 51) Polling Place: Foxridge School Gym 2525 Wexford Avenue Inspector - Judge - Judge - Judge - Helen J. Bertolani Trinidad Tabaldo Barbara A. Pendell Theodore A. Wilson -5- C~Y OF SOUTH SAN FRANCISCC INTER-OFFICE MEMO UM Date October 13, 1987 TO: SUBIECT: FROM: COPIES TO: City Attorney Resolution Concerning Municipal Election 10/14/87 Agenda City C1 erk For your information and knowledge I submit the following in response to your memo of today's date: Election Code 15341 Composition of precinct board The precinct board shall consist of one inspector and two judges who shall be appointed and compensated pursuant to the general election laws. One additional inspector or judge shall be appointed for each addit- ional voting machine used in.the polling place. I suggest you look at page two of the resolution to see what compensation shall be paid precinct workers. Barbara A. Battaya AS/SS 205 TY OF SOUTH SAN FRANCISCC INTER-OFFICE MEMORANDUM DATE: SUBJECT: FROM: October 13, 1987 City Clerk FXHTBIT TO RESOLUTION CONCERNING MUNICIPAL ELECTION OCTOBER 14, 1987 AGENDA City Attorney Your proposed exhibit entitled Consolidated Precinct Numbers, Election Officers and Polling Places identifies for each consolidated precinct, one inspector and three judges. Elections Code Section 22805 provides "The governing body of the City shall appoint one inspector, one judge and two clerks as election officers for each precinct for each municipal election..." Please correct the exhibit accordingly. Further, please advise this office of the compensation being recommended for precinct clerks. VALERIE J. gRMENTO City Attorney VJA/mm (7/87) CERTIFICATE OF PUBLICATION (2015.5 C.C.P.) in South San Francisco Enterprise Journal This space is f6r tTi% C6unt? ¢Jle~ s Filing Stamp '87 [gT 16 /I9:06 OFFi(> :: $o. STATE OF CALIFORNIA County of San Mateo I am a citizen of the United States, and a resident of the County aforesaid, over the age of eighteen years, and not a party to or interested in the above-entitled matter and I am during and at all said times, the Principal Clerk of the Printer and Publisher of South San Francisco Enterprise Journal, a newspaper of general circulation, printed and published twice weekly in the City of SOUTH SAN FRANCISCO, County of San Mateo, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Mateo, State of California, under the date of December 30, 1952, Case Number 60036; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to- wit: Wednesday, October 14, 1987. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Certificate of Publication SOUTH SAN FRANCISCO GENERAL MUNICIPAL ELECTION NOVEMBER 3, 1987 ELECTION OFFICERS AND POLLING PLACES SOUTH SAN FRANCISCO GENERAL MUNICIPAL ELECTION NOVEMBER 3, 1987 ELECTION OFFICERS AND POLLING I'LACES Notice is hereby given that at the General Municipal Election to be held in the City of South San Francisco on Tuesday. the 3rd day of November 1987, there shall be twenty-seven (27) voting precincts consisting of consolidations of the regular election precincts in the City of South San Francisco established for the holding of this general municipal election; that the polling lacesfor the respective precincts shall be the places hereinafter designated- and that the persons ereinafter named have been appointed officers of election for their respecti~,e voting precincts. Consolidated No. 1 (consisting of County Pre- cincts So. San Francisco 1 and 4) Polling Place: El Camino High School Cafeteria, 1320 Mission Road Inspector -- Ermen J. Rozzi Judge -- Ida A. Alonso Judge --Joseph O. Connell Judge -- F. Irene Rozzi Consolidated No. 2 (consisting of County Pre- cincts So. San Francisco 2 and 3) Polling Place: Sunshine Garden Sch., Rm. 7, 1200 Miller Ave. Inspector-- Walter E. Clausen Judge -- Rita R. Gudaitis Judge -- Salvador Cisneros Judge -- Fanella R. Duplantier Consolidated No. 3 (consisting of County Pre- cincts So. San Francisco 41 and 53) Polling Place: Mater Dolorosa Church -- Hall, 1044 Miller Ave. Inspector-- Gertrude H. Bignardi Judge --James L. Gilchrist Judge -- Phillis I. Alonso Judge -- Donna J. Sartori Consolidated No. 4 (consisting of County Pre- cinct So. San Francisco 5) Polling Place: Hillside School Multi-Pur- · pose Rm., 1400 Hillside Blvd. Judge -- Norma J. Muniz Judge -- Marion M. Bragg Judge -- Thelma J. Hills Dated: October 5, 1987 Published in Enterprise Journal, Wednesday, October 14, 1987. Consolidated No. 14 (consisting of County Pre- cincts So. San Francisco 22 and 44) Polling Place: Nelson Garage, 420 Briar- wood Way Inspector -- Devota M. Nelson Judge -- Lorraine P. Davis Judge -- Carolyn C. Damonte Judge -- Marion H. Leitner Consolidated No, 15 (consisting of County Pre- cincts So. San Francisco 20 and 21) Polling Place: Seubert Garage, 224 North- wood Drive Inspector-- Miriam F. Repetto Judge -- Betty R. Seubert Judge --Wanda M. Stafford Judge --June M. Rodondi Consolidated NO. 16 (consisting of County Pre-~ cincts So. San Francisco 37 and 38) Polling Place: Mazzotti Garage, 246 Wick- low Drive Inspector-- Carole Mazzotti Judge -- Gloria A. Galli Judge -- Enoch W. Henderson Judge -- Bruno P. Mazzotti Consolidated No. 17 (consisting of County Pre- cinct So. San Francisco 43) Polling Place: Trailer Court #3 -- Wash. room, 1700 El Camino Real Inspector-- Bonnie Barry Judge -- Bernice Rodriguez m~pt~etor-- rl~len J. gertolar// Judge -- Trinidad Tabaldo Judge -- Barbara A. Pendell Judge -- Theodore A. Wilson /s/Barbara A. Battaya, City Clerk (11756EJ) /s/By Dated at South San Francisco, California, this 14th day of October , 19 87 Edna O. Donaldson / * * * PRESS RELEASE * * * ELECTION NOTICE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SOUTH SAN FRANCISCO WILL BE HELD TUESDAY, THE 3RD DAY OF NOVEMBER, 1987 AND THE FOLLOWING OFFICES WILL APPEAR ON THE BALLOT: MEMBER OF THE CITY COUNCIL -- FULL TERM (4 YEARS) MEMBER OF THE CITY COUNCIL -- FULL TERM (4 YEARS) All forms required for nomination to elective office shall be furnished by City Clerk Barbara A. Battaya, 400 Grand Avenue, So. San Francisco, CA 94080, beginning Monday, July 13, 1987 without charge during regular business hours (EC 22842). Nomination closes Friday, August 7, 1987, at 5:00 p.m. There will be a five day extension of the nomination period if an incumbent does not file for office which date is Wednesday, August 12, 1987, at 5:00 p.m. To be eligible to hold office one must be an elector of the City when he assumes such office, and was a registered voter of the City at the time nomination papers are issued to the candidate GC 36502 and EC 22842. Appointment to each elective office will be made pursuant to Election Code 23520 in the event there are no nominees or an insufficient number of nominees for such office. If there are any questions please call the City Clerk's Office at (415) 877-8518. The POLLS shall be opened at 7:00 a.m. and shall be kept open until 8:00 p.m. of said day when the polls shall be closed, except as otherwise provided in Section 14301 of the Elections Code. By order of the City Council of the City of South San Francisco, County of San Mateo, State of California, at a Regular Meeting held on June 24, 1987. Barbara A. Batta City of South San Francisco Dated: CITY OF SOUTH SAN FRANCISCO BALLOT FOR NOVEMBER 3, 1987 GENERAL MUNICIPAL ELECTION RANDOMIZED DRAWING FROM THE SECRETARY OF STATE MEMBER OF CITY COUNCIL - (VOTE FOR TWO) Richard A. Halley City Councilman Lou Dell 'Angela Planning/Environmental Consultant David H. Anderson Probation Officer Roberta Cerri Teglia City Councilwoman A1 Banfield Landscape Contractor RANDOMIZED ALPHABET DRAWING BY THE SECRETARY OF STATE FOR THE NOVEMBER 3, 1987 GENERAL MUNICIPAL ELECTION ON AUGUST 13, 1987, 11:00 A.M. 1. P 2. R 3. Q 4. 0 5. Z 6. I 7. V 8. G 9. H 10. E 11. K 12. D 13. N 14. S 15. W 16. U 17. A 18. Y 19. M 20. C 21. F 22. T 23. L 24. J 25. B 26. X CERTIFICATE OF PUBLICATION (2015.5 C.C.P.) in South San Francisco Enterprise Journal RE CE!VED This space is for the County Clerk's Filing Stamp '87 SEP-3 P2: 6 OFFit;i:,?""'-, CITY CLERK SO. SAN FRANCISCO STATE OF CALIFORNIA County of San Mateo I am a citizen of the United States, and a resident of the County aforesaid, over the age of eighteen years, and not a party to or interested in the above-entitled matter and I am during and at all said times, the Principal Clerk of the Printer and Publisher of South San Francisco Enterprise Journal, a newspaper of general circulation, printed and published twice weekly in the City of SOUTH SAN FRANCISCO, County of San Mateo, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Mateo, State of California, under-the date of December 30, 1952, Case Number 60036; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to- wit: CertificateofPublicafion NOTICE OF NOMINEES FOR PUBLIC OFFICE TO BE VOTED ON IN THE CITY OF SOUTH SAN FRANCISCO GENERAL MUNICIPAL ELECTION NOVEMBER), 1987 NOTICE OF NOMINEES '['OR PUBLIC OFFICE TO BE VOTED ON IN THE CITY OF SOUTH SAN FRANCISCO GENERAL MUNICIPAL ELECTION NOVEMBER 3, 1987 NOTICE I$ HEREBY GIVEN that the following persons have been nominated for the offices hereinatter mentioned to be filled at the General Municipal Election to be held in the City of South San Francisco on Tuesday, the 3rd day of November, 1987. For the Office of City Council Richard A. Haffey Lou Dell'Angola David H. Anderson Roberta Cerri Teglia Al Banfield Dated: August 17, 1987 Published in Enterprise Journal, Wednes(~ay, August 26; Sepember 2, 1987. City Councilman Planning/Environmental Consultant Probation Officer City Councilwoman Landscape Contractor /s/Barbara A. Battaya Barbara A. Battaya, City Clerk City of South San Francisco (11493EJ) I certify (or declare) under penalty of perjury that the foregoing is tree and correct. Dated at South San Francisco, California, this day of /s/By CERTIFICATE OF PUBLICATION NOTICE OF NOMINEES FOR PUBLIC OFFICE TO BE VOTED ON IN THE CITY OF SOUTH SAN FRANCISCO GENERAL MUNICIPAL ELECTION NOVEMBER 3, 1987 NOTICE IS HEREBY GIVEN that the following persons have been nominated for the offices hereinafter mentioned to be filled at the General Municipal Election to be held in the City of South San Francisco on Tuesday, the 3th day of November, 1987. For the Office of City Council Ri chard A. Haffey Lou Dell 'Angela David H. Anderson Roberta Cerri Teglia A1 Banfield City Councilman Planning/Environmental Consultant Probation Officer City Councilwoman Landscape Contractor Dated: August 17, 1987 · Battaya, Cit~Clerk City of South San Francisco Office of the Secretary of State March Fong Eu August 13, 1987 1230 J Street Sacramento, California 95814 Elections Division (916) 445-0820 TDD: (800) 833-8683 TO: REGARDING: ALL INTERESTED PARTIES RESULTS OF THE RANDOMIZED ALPHABET DRAWING FOR THE NOVEMBER 3, 1987 ELECTION In accordance with Elections Code section 10217, the Secretary of State's office on this date conducted a drawing of the letters of the alphabet to determine the randomized alphabet for use in the November 3, 1987 District Elections under U.D.E.L., School Governing Board Member Elections, and General Municipal Elections and Special Elections called for this date. Listed below is the official order of letters for use in determining placement of candidates' names on the ballot as determined in today's drawing: 2. 3. 4. 5. 6 7 8 9 10 11 12 13 P 14. R 15. Q 16. 0 17. Z 18 I 19 V 2O G 21 H 22 E 23 K 24 D 25 N 26 S W U A Y M C F T L J B X Sincerely, DEBORAH SEILER Assistant to the Secretary of State Elections and Political Reform DOTTIE WEST Elections Division dw CC: Caren Daniels-Meade Media Director CERTIFICATE ~.~ ~B~A~,OI~. (2015.5 C.C.P.) in ' South San FranCi bboz Enterprise Journal This space is for the County Clerk's Filing Stamp. STATE OF CALIFORNIA County of San Mateo I am a citizen of the United States, and a resident of the County aforesaid, over the age of eighteen years, and not a party to or interested in the above-entitled matter and I am during and at all said times, the Principal Clerk of the Printer and Publisher of South San Francisco Enterprise Journal, a newspaper of general circulation, printed and published twice weekly in the City of SOUTH SAN FRANCISCO, County of San Mateo, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Mateo, State of California, under the date of December 30, 1952, Case Number 60036; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to- wit: Saturday, July 11, 1987 Ce~ificate of Publication EXHIBIT A TO RESOLUTION ELECTION NOTICE NO. 76-87 EXHIBIT A TO RESOLUTION NO. 76-87 ELECTION NOTICE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SOUTH SAN FRANCISCO WILL BI~ HELD TUESDAY, THE 3RD DAY OF NOVEMBER, 1987 AND THE FOLLOWING OFFICES WILl APPEAR ON THE BALLOT: MEMBER OF THE CITY COUNCIL-- FULL TERM (4 YEARS) MEMBER OF THE CITY COUNCIL -- FULL TERM (4 YEARS) All forms required for nomination to elective office shall be furnished by City Clerk Barbara A BattaYa, 400 Grand Avenue, South San Francisco. California 94080, beginning Monday, July 13, 1987 without charge during regular business hours. (EC 2984g) Nomination period closes Friday, August 7, 1987, at 5:00 P.M. There will be a five-day extension of the nomination period if an incumbent does not file for office Which date is Wednesday, August 12, 198'/, at 5:00 P.M. To be eligible to bold office one must be an elector ofthe City at the time of assuming office, and ~ registered voter of the City at the time nomination papers are issued to the candidate. (GC 3650,' and EC 22842) Appointment to each elective office will be made pursuant to Elections Code 23520 in the even~ there are no nominees or an insufficient number of nominees for such office. If there are any questions, please call the City Clerk's Office at (415) 877-8518. The POLLS shall be open at 7:00 A.M. and shall be kept open until 8:00 P.M. of said day when th( polls shall be closed, eXcept as otherwise provided in Section 14~01 of the Elections Code. By order of the City Council of the City of South San Francisco, County of San Mateo, State c California, at a Regular Meeting held on June 24, 1987. DATED: June 25, 1987 /s/Barbara A. Battay Barbara A. Battaya, City Clef City of South San Francisc Published in Enterprise Journal, Saturday, July 11, 1987. (11436F.2 I certify (or declare) under penalty of perjury that the foregoing is true and correct. /s/By Dated at South San Francisco, California, this llth day of July , 19 87 . Edna O. Donaldson CERTIFICATE OF PUBLICATION Senator Quentin L Kopp ' July 8, 1987 Hon. Barbara A. Battaya City Clerk City of So. San Francisco 400 Grand Avenue So. San Francisco, CA 94080 Dear Barbara: I enclose a copy of the opinion of Legislative Counsel dated today with respect to the invalidity of the two term limitation on city council members and the ramifications arising therefrom. As indicated, the Legislative Counsel is of the opinion that the limitation is not valid, that you must accept the candidacy papers of a city council member seeking election for a third term, that you will incur no liability for doing so and that there might even be exposure to damages if such candidacy papers are not accepted. Under the circumstances as your pro bono publico lawyer, I also recommend that you accept the candidacy papers of Council Member Roberta Teglia or any other two term council member who seeks election to a third term. If y©6 have any further questions or comments, just let me know. QLK:jr enc. cc: Hon. Mark N. Addiego Council Members, City of So. San Francisco STATE CAPITOL. SACRAMENTO. CALIFORNIA 95814 (916) 445-0503 DISTRICT OFFICE: 363 EL CAMINO REAL. SO. SAN FRANCISCO. CA 94050 (415) 952-5666 L~ ~ T. ST~C~AKE~ (213) BION M. GREGORY Sacramento, California July 8, 1987 Honorable Quentin Kopp 4062 State Capitol City Council Terms - #18644 Dear Senator Kopp: You have informed us that the City of South San Francisco, a general law city, has enacted an ordinance which provides that city council members may not serve more than two consecutive elective terms. You have asked several questions in connection with this ordinance which we answer separately below. QUESTION NO. 1 Is ~he ordinance of the City of South San Francisco which provides that city council members may not serve more than two consecutive elective terms valid? OPINION NO. 1 The ordinance of the City of South San Francisco which provides that city council members may not serve more than two consecutive elective terms is not valid. ANALYSIS NO. 1 As a general proposition, general law cities have only those powers conferred on them by the Legislature, together with such powers as are necessarily incident to those granted (Widdows v. Koch, 263 Cal. App. 2d 228, 239, Irwin v. City of Manhattan Beach, 65 Cal. 2d 13, 20-21). While the Legislature has broadly empowered cities to pass ordinances not in conflict with the Honorable-,Quentin Kopp - p. 2 - #18644 California Constitution or the laws of the state (see Sec. 37100, Gov. C.), we think that this is simply a legislative recognition of a city's ability to enact local regulatory and prohibitory legislation under the police power (see Sec. 7, Art. XI, Cal. Const.). In this regard, a limitation upon the terms that a city councilmember may serve is not, in our opinion, a measure that can be enacted under the police power.. It is not a regulatory measure of the sort associated with the exercise of the police power (see Rose v. State of California, 19 Cal. 2d 713, 730; and see Peppin, "Municipal House Rule in California III: Section 11 of Article XI of the California Constitution," Vol. 32, No. 4, Cal. Law Rev., at p. 365). In Younger v. Board of Supervisors, 93 Cal. App. 3d 864, the voters of a county had approved an amendment to the county charter so as to limit the number of consecutive terms that an elective county official could serve. The court held that the measure of power accorded charter counties under the California Constitution did not include the power to limit the terms of elective officials, where such a limitation constituted an additional qualification for office, and thus conflicted with the general statewide law concerning eligibility for holding county office (see Sec. 24001 et seq., Gov. C.). There is no law which gives the legislative body of a general law city authority to limit the number of terms which a council member may serve. The only qualifications imposed by state law are that a council member must be an elector of the city at the time of assuming office and must have been a registered.voter of the city at the time nomination papers are issued (Se=i' 36502, Gov. C.). There is no limitation on the number of terms a council member may serve. Thus, in our opinion the ordinance of the City of South San Francisco which provides that city council members may not serve more than two consecutive elective terms is not valid. QUESTION NO. 2 Is the city clerk under a duty to accept or reject the candidacy papers of a city council member seeking to run for a third term to the City of South San Francisco city council? OPINION AND ANALYSIS NO. 2 A person will not be recognized as a legal candidate, with certain exceptions not pertinent to this inquiry, unless the person files a declaration of candidacy with the appropriate public official (see Sec. 52, Elec. C.). In the case of a city Honorable Quentin ~opp - p. 3 - #18644 # council election, the appropriate public official is the city clerk, who is the official charged with primary responsibility over the conduct of municipal elections (see Sec. 22900 et seq., Elec. C.). We will assume, for purposes of this opinion, that the only matter in dispute with respect to the acceptance of the candidacy papers of the city council member is the issue of whether the member.can seek a third term. Because we have concluded that the ordinance limiting a city council member to two consecutive elective terms is invalid, there would be no .reason to reject the member's candidacy on this basis. Moreover,' even if the ordinance is valid, we think that the city clerk lacks the authority to reject the candidacy papers. In Wheeler v. Hall, 188 Cal. 49, 54, one issue presented was whether certain candidates had been eligible to run for office. The court denied a petition to omit the names and commented on that argument: ". . . The clerk is a mere ministerial officer and he is not required to ascertain whether or not the candidate who offers himself to be voted for at an election is or is not eligible to hold the office for which he stands. The several candidates are not parties to this proceeding and they have no opportunity to controvert the allegation. It is sufficient to say that we do not think the clerk can raise the objection and refuse to place the name on the ballot because of his knowledge, information, or belief that the proposed candidate is not eligible to the office .... " Therefore, since there is no express statutory authority permitting a city clerk to independently determine a candidate'~'.-eligibility to the city council, the city clerk may not refuse~to accept the candidacy papers of the city council member even if the ordinance limiting the member to two consecutive elective terms is valid. QUESTION NO. 3 What, if any, liability would be incurred by the city clerk for accepting the candidacy papers? OPINION AND ANALYSIS NO. 3 We have concluded that the ordinance in question is invalid. Moreover, there is no provision of law which would impose any liability upon the city clerk for accepting the candidacy papers of the city council member. Thus, the city clerk would incur no liability for accepting the candidacy papers. Honorable Quen~i~ Kopp - p. 4 - #18644 # QUESTION NO. 4 If the city clerk refuses to accept the candidacy papers, what is the nature and extent of the city clerk's liability? OPINION NO. 4 If the city clerk refuses to accept the candidacy papers, a writ of mandate could be obtained to require placement of the candidate's name on the ballot.' In addition, if damages are incurred by the candidate and the candidate has attempted to limit those damages by seeking a writ of mandate, the city clerk will be liable for damages if he or she has not acted in good faith in refusing to accept the candidacy papers. ANALYSIS NO. 4 Section 10015 of the Elections Code states: "Any voter may seek a writ of mandate alleging that an error or omission has occurred or is about to occur in the placing of any name on, or in the printing of, a ballot, sample ballot, voter pamphlet or other official matter, or that any neglect of duty has occurred or is about to occur. .~ "A peremptory writ of mandate shall issue only upon proof that the error, omission or neglect is in violation of this code or the Constitution and that issuance of the Writ will not s.u~Stantially interfere with the conduct of the ~lection. "Such action or appeal shall have priority over all other civil matters." This section permits any voter to seek a writ of mandate to prevent any error from being made in the placement of a name on an election ballot. It is unclear from the terms of this section whether actions by voters are limited to instances where they seek to remove a name from the ballot, rather than instances where an order is sought to require placement of a name on the ballot. However, even if this section is not construed to afford a candidate a right to seek a writ of mandate, we think that this writ could be sought pursuant to Section 1185 and following of the Code of civil Procedure. The purpose of a writ of mandamus is to enforce a clear legal right of the petitioner against one who has a legal duty to Honorable Quenti~ ~opp - p. 5 - #18644 # perform an act necessary to the enjoyment of that right (Sec. 1085, C.C P ; Farrington v. Fairfield~ 194 Cal. A$~. 2d 237, 239). It may only be used to compel the performa~-Of ministerial act,'to compel the exercise of discretion wher~ a d~cre~onar~_A~ty_i~v~lve~,_or t~.~ontrol an abume of ~scre~lon ~ec. lump, u.c.m.,.Me~ropol~tan Water Dist. ~. Marquardt, 59 Cal..2d 159, 170, Thurmond v. Superior ~--~ ~?Q 66 Cal. 2d 836, 840-841; Broyles v. Carter, 142 Ca] a~ -fl~ 2d 647, 650). As to the parties who may initiate procee~s a writ of mandate, 'it is required that a party be interested" (Sec. 1086, C.C.P.). Any persons particularly affected by the failure to perform duties specifically en~~ by law are generally deemed to meet the latter requisite ...... (Fuller v. San Bernardino Valley Mun. Wat. Distr., 242 Cal. A~. 2d 52, 56-60). A person would be clearly affected by ~he of a city clerk to accept his or her candidacy papers. The to obtain a writ of mandate against a county clerk to counting of signatures to place a measure on the ballot ha~ been upheld against the assertion by the county clerk that the measure, if passed, would be invalid (Gale v. Harm, 25 Cai. A~. 3d 250). By analogy, if the city clerk refuses to accep: candidacy papers of a city council member seeking a third ~er~, writ could be obtained challenging the validity of the and seeking acceptance of the candidacy papers. There are no reported cases in California concernin~ whether an action for damages could be brought by an individual wrongly deprived of placement on the ballot by an election official. There are, however, cases in other jurisdictions have held that a right to damages does exist when a candidate deprived of his or her rights by the ministerial actio~ of an election off'icial, (Schwartz v. Heffernan (N.Y.), 109 N.Z- 2~ at pp. 70~7-1~ and Valdez v. Gonzales (N.M.), 176 P. 2d 173, pp. 176-177). However, Section 820.6 of the Government Code preclu~e~ 'a public official acting in good faith from being held liable damages for acting under the apparent authority of an unconstitutional enactment, except to the extent liability be incurred if the enactment were constitutional- Thus. & clerk acting in good faith could not be held liable for for refusing to place the city council member's name on ballot based on the South San Francisco ordinance limiti.~g members to two consecutive elective terms. In addition, in Valdez v. Gonzales, supra, the cour~ held that the damages incurred by the candidate had to nave been proximately caused by the election official in order for official to be liable (see also State ex rel. willis v. Lar~on (Wyo.), 539 P. 2d 352, 354-355). If an ind-~~i~eek~ =o collect damages, for failure to have his or her name ulaced3on.. Honora~l~ Quenti~ Kopp - p. 6 - #18644 the ballot, without seeking to utilize the writ of mandate remedy, it can be argued that the damages are most proximately caused by the failure to obtain a writ of mandate. Applying these cases would, therefore, likely lead to the conclusion that no action for damages will arise unless the candidate has tried to prevent damages from being incurred by seeking a writ of mandate under Section 10015 of the Elections Code. Finally, in an instance where personal liability for damages could be shown, the action could be brought by the city council member either against the city clerk in his or her personal capacity or on the bond required to be executed by the city prior to the clerk entering upon the duties of that office (see Sec. 36518, Gov. C., and Secsl 995.810 and 995.850, C.C.P.). Thus, we think that if the city clerk refuses to accept the candidacy papers, a writ of mandate could be obtained to 'require placement of the candidate's name on the ballot. In addition, if damages are incurred by the candidate, and the candidate has attempted to limit those damages by seeking a writ of mandate, the city clerk may be liable for damages, if he or she has not acted in good faith in refusing to accept the candidacy papers. QUESTION NO. 5 Is the City Council of the City of South San Francisco under any legal mandate to alter the ordinance limiting city council members to two consecutive elective terms? OPINION AND ANALYSIS NO. 5 ~There is no provision of either statutory or decisional law which requires a legislative, body to enact specific legislation or otherwise modify existing legislation (see Sec. 3, Art. III, Cal. Const.; Myers v. English, 9 cal. 341, 349). Hence, we conclude that the city Council of the City of South San Francisco is not required to alter the existing ordinance. Very truly yours, JT:kg Bion M. Gregory Legislative Counsel ,Jeff Thom Deputy l-~gislat±v~ Counsel OFFICE OF THE CITY CLERK (415) 877-8518 July 6, 1987 Ms. Edna Donaldson San Mateo Times P.O. Box 5400 San Mateo, CA 94402 Subject: ELECTION NOTICE - General Municipal Election of the City of South San Francisco will be held Tuesday, the 3rd day of November, 1987 Dear Ms. Donaldson: Enclosed for publication in the South San Francisco Enterprise Journal is the above mentioned Election Notice// Please publish on: Saturday, July 11, 1987 (once only). Please acknowledge receipt of this advertisement by signing below and send a Proof of Publication to this office. Very truly yours, Barbara A. Battaya City Clerk BAB: mmb Enclosure The undersigned acknowledges receipt of the above referenced notice. h San eranc~sco em:erpr~se 400 I;l~D AVI[NU[ - P.O, BOX 711 - 94083 CENTRAL RECORDS No.: / EXHIBIT A TO RESOLUTION NO. 76-87 ELECTION NOTICE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SOUTH SAN FRANCISCO WILL BE HELD TUESDAY, THE 3RD DAY OF NOVEMBER, 1987 AND THE FOLLOWING OFFICES WILL APPEAR ON THE BALLOT: MEMBER OF THE CITY COUNCIL - FULL TERM (4 YEARS) MEMBER OF THE CITY ~OUNCIL - FULL TERM (4 YEARS) All forms required for nomination to elective office shall be furnished by City Clerk Barbara A. Battaya, 400 Grand Avenue, South San Francsco, California 94080, beginning Monday, July 13, 1987 without charge during regular business hours. (EC 22842) Nomination period closes Friday, August 7, 1987, at 5:00~P.M. There will be a five-day extension of the nomination period if an incumbent does not file for office, which date is Wednesday, August 12, I987, at 5:00 P.M. To be eligible to hold office one must be an elector of the City at the time of assuming office, and a registered voter of the City at the time nomination papers are issued to the candidate. (GC 36502 and EC 22842) Appointment to each elective office will be made pursuant to Elections Code 2352D in the event there are no nominees or an insufficient number of nominees for such office. . If there are any questions, pease call the City Clerk's Office at {415) 877- 8518. The POLLS shall be open at 7:00 A.M. and shall be kept open until 8:00 P.M. of said day when the polls shall be closed, except as otherwise provided in Section 14301 of the Elections Code. By order of the City Council of the City of South San Francisco, County of San Mateo, State of California, at a Regular Meeting held on June 24, 1987. /s/ Barbara A. Battaya Barbara A. Battaya, City Clerk City of South San Francisco DATED: June 25, 1987 cENTRAL REGORD~ FILE NO.: sta Date: June 24, 1987 To: The Honorable City Council Subject' General Municipal Election November 3, 1987 ACTION: Adopt Two Resolutions RECOMMENDATION: a) b) Adopt a Resolution which declares the date of the General Municipal Election for 1987, orders the publication of a Notice of Election and states the hours during which the polls shall be open and offices to be filled. ~l~-~? Adopt a Resolution requesting the County Clerk to render specified election services and contains Exhibit A, "Service Agreement for City of South San Francisco."~ 77-~7 DISCUSSION: As has been done in prior elections these Resolutions contain the notice to be published of the subject election and authorizes the County Clerk to perform certain functions for the City in preparing for the election. In addition, cities conducting elections with the UDEL Election may consolidate group purchases of supplies through the County Clerk's Office and are able to effect a substantial savings in the cost of conducting the election. Please note in the Service Contract with the County that if the Council chooses to place a measure(s) on the November 3, 1987 Election Ballot then the exact wording of the measure(s) must be filed by August 7, 1987 with the County Clerk. Barbara A. Battaya City Clerk Attachments AS/SS 202 9/84 1M RESOLUTION NO. 76-87 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION DECLARING THE DATE OF THE GENERAL MUNICIPAL ELECTION FOR 1987, ORDERING THE PUBLICATION OF A NOTICE OF ELECTION AS REQUIRED BY THE ELECTIONS CODE AND ESTABLISHING THE HOURS DURING WHICH THE POLLS SHALL BE OPEN BE IT RESOLVED bY the City Council of the City of South San Francisco that the general municipal election of the City of South San Francisco shall, in accordance with the Elections and Government Codes of the State of California, be held on the 3rd day of November, 1987, for the following offices: City Councilmember, City of South San Francisco - full term City Councilmember, City of South San Francisco - fu~l term BE IT FURTHER RESOLVED that the hours during which the polls shall be open shall be from 7:00 A.M. to 8:00 P.M., and the City Clerk shall give the required notices (see Exhibit "A" attached), as set forth in the Elections and Government Codes of the State of California. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 24th day of June , 19 87 by the following vote: AYES: Councilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Mark N. Addiego NOES: None ABSTAIN: None ABSENT: None ~ATTEST: /s/ Barbara A. Battaya City Clerk EXHIBIT A TO RESOLUTION NO. 76-87 ELECTION NOTICE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SOUTH SAN FRANCISCO WILL BE HELD TUESDAY, THE 3RD DAY OF NOVEMBER, 1987 AND THE FOLLOWING OFFICES WILL APPEAR ON THE BALLOT: MEMBER OF THE CITY COUNCIL - FULL TERM (4 YEARS) MEMBER OF THE CITY COUNCIL - FULL TERM (4 YEARS) All forms required for nomination to elective office shall be furnished by City Clerk Barbara A. Battaya, 400 Grand Avenue, South San Francsco, California 94080, beginning Monday, July 13, 1987 without charge during regular business hours. (EC 22842) Nomination period closes Friday, August 7, 1987, at 5:00 P.M. There will be a five-day extension of the nomination period if an incumbent does not file for office, which date is Wednesday, August 12, 1987, at 5:00 P.M. To be eligible to hold office one must be an elector of the City at the time of assuming office, and a registered voter of the City at the time nomination papers are issued to the candidate. (GC 36502 and EC 22842) Appointment to each elective office will be made pursuant to Elections Code 23520 in the event there are no nominees or an insufficient number of nominees for such office. If there are any questions, pease call the City Clerk's Office at (415) 877- 8518. The POLLS shall be open at 7:00 A.M. and shall be kept open until B:QD P.M. of said day when the polls shall be closed, except as otherwise provided in Section 14301 of the Elections Code. By order of the City Council of the City of South San Francisco, County of San Mateo, State of California, at a Regular Meeting held on June 24, 1987. /s/ Barbara A. Battaya Barbara A. Battaya, City Clerk City of South San Francisco DATED: June 25, 1987 CENt[ I;(AL RECORDS '"'-':' NO..' .... RESOLUTION NO. 77-87 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF' CALIFORNIA A RESOLUTION REQUESTING COUNTY CLERK OF SAN MATEO COUNTY TO RENDER SPECIFIED ELECTION SERVICES BE IT RESOLVED by the City Council of the City of South San Francisco as follows: 1. That the Board of Supervisors of the County of San Mateo shall be, and is hereby, requested to permit the County Clerk to render the services hereinafter specified, relating to the conduct of the General Municipal Election to be held within the City of South San Francisco on Tuesday, the 3rd day of November, 1987. 2. That the election services requested by the City in connection with the holding and conducting of the election are more particularly set forth in Exhibit "A" attached. 3. That the City shall, and does hereby, accept and agree to comply with the terms and conditions of the performance of the election services, and the payments therefor, as set forth in Exhibit "A". 4. The County Clerk is further authorized and delegated to perform the duties specified in Exhibit "A" for the purpose of the General Municipal Election to be held within the City of South San Francisco on Tuesday, the 3rd day of November, 1987. NO.: I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 24th day of June , 19§7 by the following vote: AYES: NOES: ABSTAIN: None ABSENT: None Councilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Mark N. Addiego None ~ATTEST: /s/ Barbara A. Battaya City Clerk -2- CENTRAL RECtOI~I~ EXHIBIT A TO RESOLUTIOY '9. 77-87 WARREH SLOCUH COUUTYCLERK-RECORDER HALL OF JUSTICE & RECORDS REDWOOD CITY, CA g40§3 SERVICE AGREEMEm FOR CITY OF South San Francisco GEHERAL MUmCIPAL ELECTIOII COrlSOLIDATED WITH HOVEMBER SCHOOL GOVERHIHG BOARD AHD COflSOLIOATED ELECTIOHS The County Clerk b~ill perform ~!1 legal actions and services for the conduct of the election except the following: SPECIFIED ELE~TIOtl ACTIOI1S OR SERVICES TO BE PERFORMED BY CITY CLERK Request the Board of Supervisors through the County' Clerk to consolidate t~ith the November 3rd election and request services of the County Clerk. Deadline to request consolidation and services of County Clerk is §B days prior to the election or ^ugust ?. If a measure(s) is to be voted on, exact tdording of measure(s) must be filed by the §Bth day prior to election. Hots. C/t/es ~ho have changed their municipal election date to the Hovember Genera/ or the School Governin9 Board Elect/on may have already had their municipal elect/on consol/dated by Board o£ Supervisor act/on. Hou~ever, i£ the Cit~ is addin9 measure[s] to the ballo t~ the City ~ou/d be required to request throuEh' t6e County Clerk t6a t t6e measure[s] be consolidated ~ith exact ~ordln9 of measure[s] by t6e ~$t6 day prior ale c tie n. 2. I eg~l Public~tions: All legal publications are the responsibility of the City Clerk includin9 but not limited to: Notice of Election, Notice to File Arguments For or Against, List of Nominees, etc. #ore. County' Clerk ~Jill publ/s6 Election Off/ret and Poll/nE Place IYotice one time in adjud/ca ted newspaper. Nomination Papers: City Clerk is to issue, file and check all Homination Documents. Ho te: Please see su~.lEested "Uniform Procedure Guidelines." City Clerk is to certify List of Official Candidates (including number to be elected, exact way each name is to appear on ballot and the ballot designation to the County Clerk at least §! days' prior to election. The deadline to file this certification Is August 14. $. City Clerk is to prepare and deliver to the County Clerk the ballot pamphlet containing, if applicable, Ballot Heasure[s), Analysis of Heasure[s~), Arguments For or Against, Rebuttals thereto and Candidate's Statements CStatements of ~ualifications). Due date of this material at the Office of the County Clerk, 40 Tower Road, San Hateo, is September 23. 6. City Clerk is to advise County Clerk if any bJrite-ln Candidate officially flies a Declaration of Candidacy. ~Hotification is required as soon as possible, but in no case immediately after the l~,th day prior to the election or October 20. TERIflS AHD COUSIDERATIOtl This schedule shall be in effect for the performance of all services incident to the preparation and conduct of the City of South San Francisco Municipal Election consolidated with the Election to be held Uovember 3. l gB?. except services listed as required by City Clerk. In the event the County Is unable to perform services required under this Agreement, as a result of employer/employee relation conditions, vendor conditions or other conditions beyond the control of the County Clerk, the County will be relieved of all obligations under this Agreement. Consideration: In consideration of the performance of services and supplies provided by the County Clerk, the City of South San Francisco shall pay to 'the County Clerk & sum equal to the actual cost of such services and supplies. /s/ Barbara A. Battaya Signature City Cl, erk Title June 25, 1987 Date CENTRAL RECO~D~ FILE NO.: ..~,-~. - _~.~ / INTER-OFFICE MEMORANDUM Date: May 8, 1987 To: Honorable City Council cc: City Manager City Attorney Subject: Election Timetable for the 11/3/87 Municipal Election From: City Clerk The following schedule will apply for the 11/3/87 municipal election nomination period, and other related dates to assist you in the event that measures are to be added to the ballot: 132th day Wednesday, June 24, 1987 Council to adopt a Resolution calling for the election, stating offices to be filled plus any measures. 125th day 118th day Wednesday, July 1, 1987 Wednesday, July 8, 1987 Clerk Publishes Notice of Election with offices to be filled, measures, etc. 118th day Wednesday, July 8, 1987 Council adopts Resolution requesting County Clerk to provide election services. 113th day 98th day Monday, July 13, 1987 Tuesday, July 28, 1987 Nomination Period Begins. Last day to submit Resolution to Board of Supervisors for an elec- tion with measures. 90th day Wednesday, Aug. 5, 1987 Wednesday, Aug. 12, 1987 Publish notice of election, syn- nopsis of measure, deadline for arguments and rebuttals, etc. 88th day Friday, August 7, 1987 Nomination Closes at 5:00 p.m. 83rd day Wednesday, August 12, 1987 Extension Period in the event an Incumbent does not run for office. 82nd day Thursday, August 13, 1987 Randomized drawing by the Secretary of State. 74th day Friday, August 21, 1987 Close of arguments, and calling for rebuttals. 63rd day Tuesday, Sept. 1, 1987 Barbara A. Battaya Close of rebuttals. CF..I~TRAL. RECORD'~ Thursday, April 13, 1989 THE TIMES San Mateo--A3 ~ State court upholds election of Teglia SOUTH SAN FRANCISCO -- A delighted South San Francisco Councilwoman Roberta Teglia ~learned this morning that the state Court of Appeal in San Francisco' has rejected a suit to overturn her election to a third term on the councilAn 1987. "I'm very pleased, and I hope this is the end of what I thought was a really nonsensical exer- cise,'' she said when informed of the court's decision. Teglia, 48, ~vas elected to a third council term despite a 1972 city ordinance limiting incum- bents to two four-year terms. She contended at the time, citing vari- ous legal authorities, that the ordinance 'Was invalid. The voters apparently agreed, re-electing her by an overwhelming margin. But Warren Steinkamp, a for- mer councilman, who voted for the ordinance in 1972, filed suit ~in San Mateo County Superior Court to block her election. Judge Thomas M. Jenkins dismissed the suit in January 1988, but Stein- kamp later appealed to the state court, Steinkamp said this morning he had not seen the court decision yet so could no~ comment on it or whet~her, ,he m~ht appeal to the state Supreme Cotut.' ' !'City .contests I. egal filings SOUTH SAN FRANCISCO -- L:Former City Council Member yiWarren Steinkamp has filed an nappeal to Superior Court Judge ~c?homas Jenkins' decision Jan. 8 ~;that the city's two-term limit on City Council service is invalid b~because the state law pre-empts it. v~ And in a related matter, the ~ ty is preparing to dispute in- cumbent Council Member Roberta Teglia's counter-claim in acwhich she has asked Judge · Jenkins to go one step further k:and wipe the two-term limit off c,a the-city's books because he al- ?, ready has ruled on its validity.' Steinkamp filed a legal ~;challenge to Teglia's ability to serve a third term immediately o~- following her successful re-elec- :z. tion last November. ~,a She topped afield of five fo~ .~,three seats, and the two-term ~,. limit issue was the predominant ~..~: one in the campaign against her. The subject has been under debate for years. Two dty at- torneys have studied it, and both have concluded that tt ts unen- forceable. Opinions by the state Legislative Counsel and state Sen. Quentin Kopp agreed. Albert Polonsky, Steinkamp's attorney, said no decision had been made about whether to pursue .to the appeal to state courL He filed the notice, he said, to prevent any possibility that time limits would lapse and lose his client the opportunity. Teglia said the appeal "crosses the Line from a debate on the law to a personal vendetta against me. I believe the latest Steinkamp and cohorts' action is unjustified, unfair and unneces- sary, to say nothing about poten- tially very expensive." · Her legal claim is that she would not have incurred legal fees in the thousands if the city had removed the ordinance from the books as unenforceable. Teglia introduced a motion to repeal the law three years ago in the light of then-City .Attorney Bob Rogers' research which con- cluded it was unenforceable and invalid. .~ .... ', ~ Her motion died on a 3-1 vote, with Council Members Gus* Nicolopulos, Emanuele Damon~e and Mark Addiego opposed to the repeal. Member Rick Haffey was absent from that vote. City Attorney Valerie Armento said Teglia has no claim against the city since it was not a party in any of the wrongs she alleges. She pointed out that Teglia'$ election to a third term was cer- tified and she was duly seated on the council last fall. "The city has not taken any ac- tion to enforce this," Armento said. - ENTERPRISE JOURNAL Wednesday, January 13, 1988 w term Two-term Challenge 'challenge, * Limit,from Page Al fails challenge"~?'Cliy ,Council Member~ Teg~ia s ~t to s~e.~'{o~ye~ te~ has ~;:~':~M~ C~ Su- lud~e' thomas ~, Who h~d ~men~ c~last ~esday, has no~ed bO~ sides ~at state law corn: ple~ p~mp~ a ~ener~ law ~sabffi~ to m~e ~es ~- Mi~ ie' co~du~ ~f~.mu~dp~ ~~ .te~s for ~un~ arreg~, ~~~ed th~ lawsui~ pay ~ ~. , ~adgem~g~ Te~a s~d ~ ~ad'made no cl~.~ ~ She s~d .her leg~ b~s have ~ou-nted to ~"m~ple8 of ~o~- sands, of d~" A~empts to rea~Ste~p .,His city City ~ttomey ~Ibert Polonsky, no~ t~ ~lv~te pracUce~ said he h-ad- not ;di~assed: P°ssibfliUes of appeat.Wlrhhts "If'i. a; ~cas~ that .COuld have gone either way,' depending on what *the' Judger wanted to do, alta lt'S~ii~:as~-for which we had' sough{ a 'd~flnite opinion in coun,"~ Polonsky said. 'S~vt~ral lawyers had,looked at South.City's two-term limit on council tenure over the. past sev- eral yeags aiid. thoSe',whose opi- nion had been solicited officially unanimously held the view. that it was~:iit/e~orceable and inval- id~ Former South San Francisco citTiilAttor, ney .Sob Rogers - See U,,,lt, Pa~e A3 rdelivered a lengthy analysis in i!~.~_..5 :-pg,.tn~t~ng-out' that a San ,Diego' County-case referred to since as the Younger case was i~'the pivotal one in this issue. ~ In'that case',-thecourt asserted . .the,doctrine ttmt local elections are strictly the, state's jurisdic- :,tion~'and' that the state had : .completely~occupied the field" :~and: its daws could not be ~modified by local governments. :th/ough; her second council term. made a motion on June .26, ,,:1985 .' to,..repeal, the .two-tei~n : Com~i]-:-Member Mark.Ad- : die~: seconded it, but it failed ...on a 3,1. vote, with Teg]ia's the :~.only affirmative vote and Coun- t.. cilMemoers Addiego; Emaneule Daznonte and Gus Nicolopulos :: oppOSed, ,,,, Polonsky had argued the legal ,~ point, that South San. Francisco's prior councils had-'acted reasonably in requiring that candidates wait for at least two ;. yearS,, be~fore,~ rtmai~ a third .SUCh.: a..~q~lrer~ent, he ?..argued, did not affect Teglia's ; fundamental'and Constitutional rights of speech and ot the vote. Judge:Jenkins specificallY set '~ aside those, issues and judged ~ i~e case on the preemption rule. lie backed uphisdecision with a three-page.opinion. ,, "My COmment," ?eglia' said, is 'i~at: lam, of coprse, pleased tl~,t'.' 7tha. ~.~ hpheld .what we ve been saying all along, but I'm not pleased that I had to be in court at all." Asked ff she intended to raise the SubJect again and to ask for repeal of the .city ordinance, Teglla said she would not. "I introduced my motion in 1985.- I already introduced the motion once. I attempted to deal with it in the -legislative arena, --- but unfortunately that was not posstbte~ ~"Now we're i~ a courtroom sit- uation and not inthe legislative arena and it remains, to others to bring it up if:they so choose." prOgress, We nesday, Janua~ 13, 1988 'nt South San Francioco'o A SAN MATEO TIMES GROUP NEWSPAPER ~aturday, January 16,1911~ I II IIIII III I I Ill I III I III I I IIIII IIII IIII I I I III I IIII I IIII I Term limit .ruling creates ripple in county By DAVE MADDEN It was touted as a safeguard against political entrenchment, but laws limiting how long local elected officials may hold office soon may fall by the wayside. San Mateo County supervisors and city council members in South San Francisco, San Bruno and Redwood City all are affected by laws limiting the number of con- secutive terms they may serve. However, a recent court ruling here and precedent-setting cases elsewhere in California indicate that, however well intentioned, limitations on office holders .can only be imposed by the state, itself. Redwood City's version, which sets a four:term limit, is the oldest, having been adopted by the voters as a charter amend- ment in 1968. It hhs come into play only once since then. San Bruno's two-term limit resulted from the passage of a voter initiative in asp. ecial elec- tion in 1977. It has affected only one council member, but was not cited publicly as a factor in his decision to not seek re-election. County supervisors are limited to three consecutive terms as a result of a voter approval of a 1978 ballot measure. The law became effec'dve in 1980 and could not come into play until at least 1992. It is in South San Francisco, which adopted a two-term limit by council action in 1972 and reaf- firmed it in 1981, that the law is being challenged. ~ Earlier this week, San Mateo County Superior Court Judge Thomas M. Jenkins rejected a law- suit meant to overturn the re-elec- tion of Councilwoman Roberta Teglia to a third consecutive term, Jenkins concluded that state law pre-empts the city from imposing additional qualification for office and ruled that the two-term limit is "invalid and unenforceable." Jenkins' ruling went no further than deciding the election chal- lenge, which was brought by three former South San Francisco coun- cilmen, two of whom voted to adopt the ordinance nearly 16 years ago. They have 60 days in which to appeal. Teglia, meanwhile, has brought a counter-suit against the city ask- ing for a court decree declaring the two-term limit to be unconsti- tutional and ordering the council here to repeal it. Regardless of the outcome, attorneys here say the lower court rulings are hardly precedent,set- ting. Appellate and state Supreme Court rulings are the standards in that regard. "Another superior court judge here or somewhere else could find just the opposite," observed Tom Casey, the county's newly- aPpointed county counsel. The weight of court precedents favor Teglia. In Jenkins' ruling, the chief precedent cited was a 1979 state Court of Appeals ruling overturn- ing a voter-initiated charter amendment limiting San DiegO. County supervisors to two con- secutive terms. Also in San Diego County, a court upheld the re-e- lection of a Vista city councilwo- man to a third term despite that city's two-term limit. . South San Francisco Mayor Jack. Drago said he believes the nance probably should repealed, but only after the pr~ ent legal dispute runS its cour~,~:~ '1 don't think ' should~ anything until we appealed and what the of' the appeal is," ~e eXplait "It wou}~ be annthing until plete.' officials had Gustavson , FrOm:~at/ eread and heard ~__tion, he said Thursday, addin~ that he felt it to be his reponSibi lity to bring the issue to a head ir San Bruno. "There's really no longer questiOn that the, two-term limj. ration is suspect. I think it!.~ important to take action to res01v~ what appears to be an ille~a restraint on the ability of peoph 'to hold office in San Bruno/'~ said. "In this case, it falls to met~ take the lead. This is not a poli¢ I question, it's a legal question." Two of the. four current counc members would be affected b the ordinance in the next ele¢ tion, November 1989. Sue Case, assistant city atto~ ney in Redwood City, and jacki Hildebrand, the city Clerk ther since 1973, say the four-term lim has not been much of an issue. "Obviously, when there is lit gation and court decisions pote~ tially affecting our city we dO wm to address them," Case said. The argument in favor of sue limits is that it ensures again= control of local government fal lng into ~the hands of. few powe fu/individUals who are re,electe every four years. Opponents it deprives city government of i: most experienced leaders and th~ voters should decide who t return or reiect: Former Redwood City counCi man Bill Rhodes, the only on affected by the four-term lim since 1968, counts himself opponent. "1 don't believe in any kind limit. It should be left to th voters to decide whether th( want to keep you," said Rhode who left the council in 1986, b~ took out papers Thursday to se( re-election this April. ommunit~ newopaper oince 1895 I I 11 A SAN MATEO TIMES GROUP NEWSPAPER Saturday, January 16,1988 .ru.ling creates ripple in county imposed by the state, ,:xl City's version, which our'-term limit, is the ~aving been adopted by ~rs as a charter amend- 1968. It hhs come into , once since then. runo's two-term limit from the passage of a itiative in a special elec- 977. It has affected only' ,all member, but was not Iblicly as a factor in his to not seek re-election. i~ supervisors are limited ,Consecutive terms as a ~.:~.'~bter;:approval :of a II°t measure. The law became effective in 1980 and coUld not come into play until at least 1992. It is in South San Francisco, which adopted a two-term limit by council action in 1972 and reaiL firmed it in 1981, that the law is being challenged. Earlier this week, San Mateo County Superior Court Judge Thomas M. Jenkins rejected a law- suit meant to overturn the re-elec- tion of Councilwoman Roberta Teglia to a third consecutive term. Jenkins concluded that state laW. pre-empts the city from imposing additional qualification for office and rUled that the two-term 'limit is "invalid and unenforceable." Jenkins' ruling went no further than deciding the election chah lenge, which was brought by three former South ~San Francisco coun- cilmen, two of whom voted to adopt the ordinance nearly 16 vh ears ago. They have 60 days in ich to appeal. Teglia, meanwhile, has broug.ht a counter-suit against the city ask- ing for a court decree declaring the two-term limit to be unconsti- tutional and orderingr the council here to repeal it. Regardless of the outcome, attorneys here say the lower court rulingrs are hardly precedent,set- ting. Appellate and state Supreme Court rulings are the standards in that regard. Another superior court judge here or somewhere else couM find just the opposite," observed Tom Casey, the county's newly-. aPpointed county counsel. The weight of court preceden~ favor Teglia. In Jenkins' ruling, the chief precedent cited was a 1979 state Court of Appeals ruling overture- lng a voter-initiate~ charter. amendment limiting San Die~ County supervisors to two con-' secutive terms. Also in San Diego County, a court upheld the re-e~ lection of a Vista city councilwo- man to a third term despite that city's two-term limit. South San Francisco Mayor jack Drago said he believes the ord,* nance probably should b~ .repealed, but only after the preiL ent legal dispute runs its course::~ "1 don't think our city should do anything until we see if the case i~ appealed and what the outcql~ 0fl the appeal is," ~e explair~ "It would be premature to de annthing until ttte process is plete." San Bruno and RedWoo~l~ officials had different reactioris~,~[~J~ San Bruno City Attorney St~p GustavsOn said he* was keenly interested .and soon wouldp, res+ ent a ~ ~6 I~s'~ity Co6not;~ "From Wha~.l'veread and heard, ti°n,' he said Thursday, adding that he felt it to be his reponsibi- lity to bring the issue to ahead .in. San Bruno. "There's really no longer question that the. two-term limj~ tation is suspect. I think it!.S important to take action to resolve what appears to be an ille~,al restraint on the ability of people to hold office in San Bruno/~..he~ said. "In this case, it falls to me-to take the lead. This is not a policy question, it's a legal question." Two of the. four current council members would be affected by the ordinance in the next elec- tion, November 1989. Sue Case, assistant city attor- ney in Redwood City, and Jackie Hildebrand, the city Clerk there since 1973, say the four-term limit has not been much of an issue. ."Obviously, when there is lift- gation and court decisions poten- tially affecting our city we dO want to address them," Case said. The argument in favor of such limits is that it ensures against control of local government fall- ing into the hands of few poweY- fu/individuals who are re-elected every four years. Opponents say it deprives city government of lis most experienced leaders and that voters should decide who to return or reject: Former Redwood City counciiL man Bill Rhodes, the only one affected by the four-term limit since 1968, counts himself an opponent. '1 don't believe in an~t kind of limit. It should be le to the voters to decide whether they want to keep you," said Rhodes, who left the council in 1986, but took out papers Thursday to seek re-election this April. ~he ~ _jress, WednesdaY, December 2, 1987 TWO.term limit hassle goes on SOUTH SAN FRANCISCO -- AnOther hostile exchange -- but little action- kept alive the on- going two.term council limit debate here last week as City Council Member Rl~k Ha~ey called it "almost hypocritical" that former Council Member Warren Steinkamp has Sued 'three-term Council Member Roberta Teglia over her third term when Steinkamp himself ran for a third term in 1976. "The only difference is that Mrs. Tegllh won. Mr Steinkamp lost .verY, verY badly," Halley said. Two-term 'Council Member Mark Addtego, who fac~s the same choices in two years, was quick to point out that SteinkAmp was exempt from the two-term limit at the time by vir- tue of his having b~en in office before the council of which he was a member voted it on the books. Meanwhile, former South ~an Francisco City Attorney Bob Rogers, now in private 'praCtice, said steinkamp damaged his Professlonal reputation when Stelnkamp alleged that ROgers told a third person that he was "coerced" in 1985 when he was asked whether the two-term limit was legal and valid. Rogers is one of several legal experts -- State Sen. Quentin Kopp among them --; who has advised the city that state law · See l.imit, Page A8A o,L es, other : charges fly ~lt Limit, From Page 1 preempts the local ordinance and that, therefore, the council '~iould not enforce its two-term l~mlt. ~,~i '?his is the .kind ,o.f thing that · -uamagee~ s0mebod~ s reputatiOn ao matter how much yotl deny it. It's the kind Of thingthat LoSt _.~re~uires a lawsuit," Roffers~aid. ~'~ '.'-;'~:.I never told ai~ybo~ at '* ..~8~ny ~me that I Was ~rCed. into C~ritihg anything, in fa~, I ,sought out a seco. nd-opinion, at~Ust'f6~ the record, 'FVe never been coerced on that subject or · ny other. Subject. "Further, I had my associate, .Bob Kasper, research/the opinion J~St to make sure of this. I gave it him'to d5 over. ~' "semebody in this operation is · '"i liar." Steinkamp declined to discuss '~l' l~ogers' 'res n · po se, and instead ~tuck by ,.his' charge that' the at- torneY.was C~erced. name his source except to cLaim ~that the source is "very reliable.,,~ i~ R~ger~ gaid;,,ii h~ve. neve~.said A-r"Whoever said~ I was coerced ~ Cl_}~to writing an opiniOnis a liar." ~ Steinkamp, who" claims to be representing the views of former '~t~oun-cil Members 'Emanuele c~amonte-and Frank Mammini, :%~peared before 'the- council ~-Wednesday and questioned City :,~tetorney Valerie Armento, as he has done in the past, about the content of a portion of city ordi- bl~ances. .~:.?he section had to: do .with the ,e4~quirement that the 'council ll~uspe~d proceedlhgs if 'its qualifications for office are pen~ ~ .~ l~°'lt~Wirlg that exchange, HaL ~-~* 'Pointe~i' but ' steinkamD,s ~ cSlect0ral lfist°ry, includine ~s ~9 four:year terms ih: o'ffice '~U~h~ugh 197o'and hi~~' losing bid '"tot a ira.. Haffey's conclusion that "what mdse. (Steinkamp)~has become Is --fiothin~ mbre 't hanna Sad and embarrassing f0~Ote in this ty's history" provoked a scatter- · lng ofaudience aPplauSel I Addiego indicated that he felt compelled tO interject if Haffey intended "tO r~ th~ speakers.,, Addiego said Steinkamp's sit- i uation differs ,from Teglia's because What he~descrthed as "a loophole" 'meant tha . ' t the two- term .'limit ~he:svpp0rt~d could not legally appl~ to ~y of the in- cumbent council m~bers sit- ting at the time. "The differencejs that very clearly he was not breaking the~ law, as Mrs. Teglia appears to be," he said. Steinkamp has~ filed a pro- ceeding wlth.~the coUnty clerk challenging T~glia,s/q~alifica- tions to serve by virtue of the two-t~-m'limit. It was reported inco .rrecfly here last week that the CalifOrnia At- torney General has reviewed the Soutl~ City o~dinanceand found it invalid; in actual, fact the opi- nion Came fr°m the Legislative Counsel Of California. City" · Clerk-' Barbara`Bat. taya · ~/Olicited'the, interpretation from Sen I~bDD,' who acted as the in- CENTF/AL RECORD/~ ..... ENTERPRISE JOURNAL SATURDAY, AUGUST 8, 1987 MuniCipal election boiling down to 2, 2 and 2 filed as of press tip. Jones, a city pa~-ks and recre- ation commissione~, was the most recent'addition to~e field, taking out his papers Wednesday. Ander- son, a San Mateo'.County proba, tion officer, annoUkced his bid for office July 29, welle Rivera, an unemployed artist who recently moved here, has ~ot been heard from since taking out papers in the first week of neminations. Teglia is seeking:to become the first council mem~r in 15 Years to win a third consecutive term. She enters the race armed with three legal opinions that a 1972 city ordinance limiting council mem~ bets to two consecutive terms is illegal and cannot be enforced. The 46-year-old former school teacher got her start on the Plan- ning Commission, then won a council seat in 1978. She was re-e- lected in 1982 and her second term was' extended 19 months when the council consolidated its election with balloting for school trustees. Haffey, a one-time city recre- South San Francisco's Nov. 3 City Council election has boiled down to two ihcumbents, two ~challengers and two seats. ~. With only hours remaining in the official nominating period, City Clerk Barbara Battaya said Fri- ~day she had accepte~J filings from 'incumbents Rick Haffey and ,Roberta Teglia and challengers Al l~anfield and Lou Dell'Angela. · The deadline was'5 p.m. and ~three other would-be councilmen -- David Anderson, Jake Jones and Domingo Rivera -- had not ation supervisor whose civil ser- vice career has led him to become assistant city manager in Belmont, is seeking his second term. The 34-year-old Haffey got his political start as a South San Fran- cisco Unified School District trustee and won his council seat in 1983 in the first combined council- school board election, Banfield, 40, a landscape con- tractor and former city parks and recreation commissioner, was the first to take out and return his papers, filing July 20.The grandson of a former long-time councilman, Emilio Cortesi, this is Banfield's first run for public office: Dell'Angela, 49, is the city's for- mer community development ~direct0r and.an.eight-year resi- dent. He left the job in 1984 and now works for himself as an environmental consultant to vari- ous developers. To run, candidates were required to file nominating peti- tions signed by at least 20 of the city's registered voters. The peri- tions show some shared sup- porters, particularly between the incumbents. Haffey~and Teglia both were supported by Joy-Ann Wendler and Beverly B0blitt, two planning commissioners; Valerie Lambert- son, a well-known former schools trustee; and prominent downtown businessman Dennis Rosia. Challengers Banfield and DelrAngela also had a mutual sup- porter in Bob Rogers, South San Francisco's former city attorney. In addition, Dell'Angela's peti- tion listed one current plannin.g 'commissioner,Robert Mangeganl, and two former ones, Herman Hoyer and Lou Martin. One of ~Banfield'S petition sign. ers, meanwhile, was jackie Drago, the wife of Councilman Jack Drago. Drago and fellow councilmen Mark Addiego; the current mayor, and Gus Nicolopulos have yet to throw their support to any candi- date. NO, 9 632463tt ?,02 NOv- 1-91 FRI 14',51 LEG. OOUNSEL BUR, 445-3503 STEINKAMP P, TEOLIA 210 Cal. App,3d 402; 258 CaI,Rptr. 265 [Apr. 1999] [No. A0411~4. First Dist., Div. Four. Apr. 12, 1.989.] WARREN STEINKAMP, Plaintiff and Appellant, v. ROBERTA CERRI TI~OLIA, Defendant and Appellant. [Opinion certified for partial publication,*] SU~IMARY In a suit seeking declaratory and injunctive relief to invalidate the elec- tion of a councilmember of a general law city, the trial court ruled that a city ordinance limiting councilmembers to two consecutive terms waz valid as preempted by state law. Defendant had won reelection to a third term on the city council. (Superior Court of San Malco County, No. 324612, Thomas M. Jenkins, Judge.) The Court of Appeal affirmed. It held Goo. Code, §§ 36502 and 24001, relating respectively to eligibility of city and county elected officers, estab- lished that the I~gislature intends to preempt local regulation of eligibility for election to local governing bodies, whether they are charter counties or general law cities. (Opinion by Channell, $., with Anderson, P. J., and Poehl, J,, concurring.) HEADNOTE$ {, Classified to California Digest of Official Reports, 3d ,Series (la-lc) Elections § I-=Law Governing----Ordinances=---Validlty~Preemp- tlon.--Voters have the right to pass on the composition of their local government within the legal framework established by the Constitu- tion of the state and the laws enacted by the LeGislature. Thus, a general law city's ordinance limiting council members to two consecu- tive terms was preempted by state law. Goo. Code, §§ 36502 (eligibili- ty to hold office as a council member) and ~.4001 (county elected '-'~'P-"~r.~r.~uant tv California Rules Of Court, rules 976 and 976.1, this opinion is certii%d for publication with the exception of part Il. NOV- 1-91FRI 14:58 LEG, OOUNSEL BUR. 445-3503 FA)< NO, STEINKAMP I,.' TEGL1A 210 Cal. App.3d 402; 258 Cai. Rptr. 265 [Apr. 1989] officers), establish that the Legislature intends to preempt local regula- tion of eligibility for election to local governing bodies, whether they arc charter counties or general law cities. [See Cnl.Jur.3d (Rev), Elections, § 1 1.} (2) Municipalities § $6---Ordinances, Bylaws and Resoluttons~Validi- ty--Conflict With Statutes or Charter~Test for Preemptlon.~A lo- cal ordinance is preempted by state law if the subject matter has been so fully covered by general law as clearly to indicate that it has become exclusively a matter of state concern, or if the subject matter has been partially covered by general law couched in such terms as to indicate a paramount state concern will not tolerate further local action.. [See Cai.Jur.3d, Municipalities, § 200; Am.Jur.2d, Municipal Cor- porations, Counties, and Other Political Subdivisions~ § 37'4 et seq.] (3) Municipalities § 14---Legislative Control~Genernl Law Cities.~ Oeneral law cities are creatures of the state and as such are parts of the machinery by which the state conducts its governmental affairs. [Sec Cal.Jur,3d, Municipalities, § 7.] .,. COUNSEL Albert E. Polonsky for Plaintiff and Appellant. Nielsen, Merksamer, Hodgson, Parrinello & Mueller, James R. Parrinello and Louise J. Rosen-Oarcia for Defendant and .Appellant. OPINION ~ .-~ : .;. ~.. ;. '¢ · CHANNELL, J.,~In 1987, defendant and cross-appellant Roberts Cerri Teglia won reelection to a third term on the South San Francisco City Council. A city ordinance limits councilmembers to two consecutive terms. Plaintiff and appellant Warren Steinkamp contested the election, seeking declaratory and injunctive relief to invalidate her ¢ievtiun. (See Elco. Code, §§ 200g0-20116.) The trial court ruled that the ordinance was invalid as preempted by state law, but declined to award Teglia attorney fees. Stein- kamp appeals on the merits and Teglia cross-appeals on the denial of fees. We affirm the judgment. ' 7 NOV- 1-91FRI 14:58 LEG, uOUNSEL BUR, 445-3503 F Y, NO, 9 63246311 P, 04 ~ . "?; ' 'L ..,.! . ~ "' ': ~ ~ .... ,~?'?!':' .:d'i' 404 S'rEINX^MP V. T£GI. IA 210 Cal.ApP.3d 402; 258 CaI.Rptr. 265 [Apr. 1989] (la) In his appeal, Steinkamp contends that the ordinance is not preempted by state law. (2) A local ordinance is p~eempted by state law it' "the subject matter has been so fully., covered by general law as to clearly indicate that it has become exclusively a matter of state concern," or if "the subject matter has been partially covered by general law couched in such terms as to indicate. , . a paramount state concern will not tolerate further.., local action .... "(In re Hubbard (1964) 62 Cal.2d 119, 12'/- 128 [41 CaI.Rptr, 393, 396 P.2d 809], overruled on other grounds in Bishop v. City of San Jose (1969) I Cal.3d 56, 63 [81 Cal.Rptr, 465, 460 P.2d 137]; Sports Committee Dist. $7,4. M.,4., Inc. v. County of San Bernardino (1980) 113 Cal. App.3d 13~1, 159 [109 Cal. Kptr. 652].) South San Francisco's ordinance limits a person's eligibility for city coun- cil to two successive terms. Numerous Government Code provisions also affect eligibility for local offices in a general law city such as South San Francisco, (See Gov. Code, §§ 36501-36524,) State law provides that a person is not eligible to hold office as councilmember unless he or she is an elector at the time of assuming office and was a regis, tered voter of the city at the time nomination papers are issued to 'the candidate, (Id., § 36502.) (lb) We must determine whether, by this statute, the state Legislature has either fully occupied the field or so fully covered it as to indicate a paramount state concern. (In re Hubbard, supra, 62 Cal.2d at p. 127.) A similar statute relating to eligibility of county elected officers---Govern- ment Code section 24001--has been held to constitute evidence of the Legislature's intent to exercise statewide control over the qualifications of elected county officers. '(Younger v. Board of Superrisoe~ (I979) 93 Cal. App. 3d 864, 872 lIB5 Cal. Rptr. 921].) Steinkamp attempts to distin- guish this case because the local governmental entil~y in lounger was a chartered county and South San Francisco is a general law city. This dis- tinction is not pertinent in this case. The two statutes establish that the Legislature intends to preempt local regulation of eligibility for election to local governing bodies, whether they are charter counties or general law cities. . Steinkamp aisc contends the city is a distinct, individual entity and is not a political subdivision of the state. He is incorrect, ($) "[GJeneral law cities are simply creatures of the state and as such are parts of the machine- ry by which the state conducts its governmental affairs." (Williams v. City of San Carlos (1965) 233 CaI.App.2d 290, 295 [43 Cal. Rptr. 486]; se, I4'iltshire v. Superior Court (1955) 1'/2 Cal.App. 3d 296, 302 [218 Cal. Rptr. NOV- 1-91 FEI 14:59 LEG, COUNSEL BUR, 445-3503 FR× NO, 9163246311 P, 05 ~T£1NKAMP' V, TEGLIA '~ ,210 Cal. App.3d 402; 2~$ Cai. Rptr, ;t6~ [Apr, 1989] 4O8 19910 (lc) "[Voters] have the right to pass upon the composition of their local government within the legal framework e~tablished by the Constitution of the state and the laws enacted by the Legislature." (Williams, supra, at p. 295, itaEcs added; see 56 Opa. Cal.Atty.Gen. 327 (1973).) The trial court correctly found the city ordinance was preempted by state law. o v~ '. ' ~ ':. ' II, ~' A1-r I~N~¥ * " III. CONCLUSION The judgment is affirmed. Each party shall bear its own costs. Anderson. P, J., and Poch6, l,, concurred. + s · .... ~.'. *See footnote, ante. page 402 .... SUBJECT C] t? ~,t. torney OF SOUTH SAN FRAN ISCO INTER-OFFICE MEMORANDUM SIGNED PFPLY REQUESTED INFORN~ATION ONLY NO REPLY REQUESTED DATE SIGNED (WHITE) Receiving Copy (PINK) CC or Date File AS/SS 208 12/77) 1M (YELLOW) Return to Sender (GOLDENROD) Senders File Copy .CROSS - NOTICE TOIDEFENDANT: (Aviso a Acusado) CITY OF SOUTH SAN FRANCISCO SUMMONS ON CRC~ q-COMPLAINT (CITACION JUDICIAL) RE C ! V co,,,,,,,,, (&OLO PAiIA U&O O~ Z,4 COOl'E) '88 ,/~1 13 AIO :43 YOU ARE BEING SUED BYt=~,.~IN~ CROSS-COMPLAINANT (AUd. le estJ demandando) ROBERTA CERRI TEGLIA You have 30 CALENDAR DAYS after this sum- mons is served on you to file a typewritten re- sponse et this court. A letter or phone call will not protect you; your typewritten response must be in proper legal form if you want the court to hear your case. If you do not file your response on time, you may lose the case, and your wages, money end pro- party may be taken without further warning from the court. There ere other legal requirements. You may want to call an attorney right away. If you do not know an ettomay, you may call an attorney ~efer- ral service or · legal aid office {listed in the phone book). Despu~ de qua le entreguen esta citaci6n judicial usted tiene un plazo de 30 DIAS CALENDARIOS para presentar una respuesta escrita a mdquina en esta corte. Una carta o una Ilamada telef6nica no le ofrecer~ protecci6n; su respuesta escrita a mdquina tiene qua cumplir con las formalidades le~les apropiadas si usted quiere qua la corte escuche su cas~ $i usted no presenta su respuesta a tiempo, puede perder el caso, y le pueden quitar su salario, su dinero y otras cosas de su propiedad sin aviso adicional por parte de la corte. Existen otros requisitos legales. Puede qua usted quiera Ilamar a un abogado inmediatamente. $i no conoce a un abogado, puede Ilamar a un servicio de referencia de abogados o a una oficina de ayuda legal (vea el directorio telef6nico). CASE NUMBER: (N~mem del Caso) Thenameandaddressofthecou. is: ~lnombmydir~cidnde~cone~ 324612 San Mateo County Superior Court Warren Slocum, County Clerk/Recorder Hall of Justice and Records 401 Marshall Street Redwood City, CA 94063 Thename~address~andte~eph~nen~mber~fp)aintiff~sa~rne~rp~aintiff~ith~utana~rne~is: (Elnombre, ladi~cci6nyelndmerodetel~nodelabo~dodeldemandant~ odeldemandantequenotieneabo~d~ es) James R. Parrinello Louise J. Rosen-Garcia Nielsen, Merksamer, Hodgson, Parrinello & Mueller 650 California Street, Suite 2650 San Francisco, CA 94108 WARREN SLOCUM DATE: ~ ~, ~ '[(3~ Clerk, by (Fecha) (Actuario) NOTICE TO THE PERSON SERVED: You are served 1. {~] as an individual defendant. 2. ~---] as 3. ~"] on under: [SEAL] Form Adopted by Rule 982 Judicial Council of California 982(a)(9) [Rev, January 1, 1984J 4. r--~ by , Deputy (Delegado) the person sued under the fictitious name of (specify): behalf of (specify): City of South San Francisco ~ CCP 416.10 (corporation) ~ CCP 416.60 (minor) ~ CCP 416.20 (defunct corporation) ~ CCP 416.70 (conservatee) ~'} CCP 416.40 (association r pa[t_ ership) . _~ CCP 416.90 (individual) ~ other: CCP 416.50 ~pUOTlC entl personal delivery on (date): (See reve~e for Proof of Service) SUMMONS CCP 412.20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NIELSEN, MERKSAMER, HODGSON, PARRINELLO & MUELLER JAMES R. PARRINELLO, ESQ. LOUISE J. ROSEN-GARCIA, ESQ. 650 California Street, Suite 2650 San Francisco, CA ~4108 Telephone: (415) 989-6800 Attorneys for Defendant and Cross-Complainant Roberta Cerri Teglia SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO WARREN STEINKAMP, Contestant VS. ROBERTA CERRI TEGLIA, Defendant. ROBERTA CERRI TEGLIA, Cross-Complainant, VS. CITY OF SOUTH SAN FRANCISCO, Cross-Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 324612 CROSS-COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Cross-Complainant ROBERTA CERRI TEGLIA (hereinafter Cross-Complainant) alleges as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 FIRST CAUSE OF ACTION FOR DECLARATORY RELIEF 1. Plaintiff is, and all times relevant herein was, a resident of the City of South San Francisco, County of San Mateo, State of California. Cross-Complainant has been duly elected to, and has held the office of, City councilwoman since 1978. Cross-Complainant was elected in the General Election held November 3, 1987, to a third term as City councilwoman, and was thereafter duly installed. 2. Cross-Defendant City of South San Francisco is a municipal corporation and a general law city. 3. On or about November 2, 1981, the City Council of South San Francisco adopted ordinance 881-81 codified in Chapter 2.16 of the South San Francisco Municipal Code. Said Ordinance purports to limit City Councilmembers from serving more than two successive elective terms after being elected to the City Council. 4. The instant election contest action was brought by Contestant Warren Steinkamp to contest the General Election held November 3, 1987. Said Contestant Warren Steinkamp claims that by virtue of Ordinance 881-81, Cross-Complainant is not eligible to hold a third term of office. The allegations and statements of said Amended Statement of Contest, attached hereto as Exhibit A, are incorporated herein by this reference in the instant cross-complaint solely for the purpose of showing the nature of the election contest, and for no other purpose, and Cross-Complainant does not hereby admit any of the allegations or statements as true or correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. A dispute has now arisen and exists between Cross-Complainant and Cross-Defendant concerning the validity of South San Francisco Ordinance 881-81. 6. Cross-Complainant desires a judicial determination as to the constitutionality, validity and enforceability of Ordinance 881-81. A judicial declaration is necessary and appropriate at this time in order that Cross-Complainant may ascertain her fundamental right and duty to hold the office to which she was duly elected by the voters of the City of South San Francisco. WHEREFORE, Cross-Complainant prays judgment as hereinafter set forth. SECOND CAUSE OF ACTION FOR INJUNCTIVE RELIEF 7. Cross-Complainant realleges and incorporates herein by this reference Paragraphs 1 through 5 of the First Cause of Action. 8. Cross-Complainant has no adequate remedy at law, and the enforcement of Ordinance 881-81 will cause great and irreparable injury to Cross-Complainant in that enforcement of said Ordinance would result in Cross-Complainant's loss of her fundamental right to hold the office of City councilwoman for the City of South San Francisco to which she was duly elected. WHEREFORE, Cross-Complainant prays judgment as herein- after set forth. WHEREFORE, Cross-Complainant prays for judgment against Cross-Defendant as follows: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. For a declaration that City of South San Francisco Ordinance 881.81 is unconstitutional, invalid, unenforceable and void; 2. For a permanent injunction enjoining Cross-Defendant from enforcement of Ordinance 881-81. 3. For costs of suit and attorneys' fees herein; and 4. For such other and further relief as the Court deems proper. DATED: December 29, 1987 NIELSEN, MERKSAMER, HODGSON, PARRINELLO & MUELLER Attorneys for Defendant Roberta Cerri Teglia 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION I, ROBERTA CERRI TEGLIA, declare, I am the Cross-Complainant named in this action. I have read the foregoing Cross-Complaint for Declaratory and Injunctive Relief and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and, as to those matters I believe it to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 29, 1987 at San Francisco, California. --/- Roberta Cerri 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 WARREN STEINKAMP ~ 112 A Green Ave. South San Francisco, CA 94080-1728 Telephone No. = (415) 588-5855 In pro per -y SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATRO In the Matter of the Contested Election of ROBRRTA CRRRI TRGLIA for the Office of COUNCILWOMAN (Councilman), WARREN STRINKAMP vi o CONTESTANT ROBERTA CERRI TEGLZA DEFENDANT No. 324612 AMENDED STATEMENT OF CONTEST OF ELECTION PURSUANT TO ELECTION8 CODE SECTION 20050 et seq CONTESTANT ALLEGRS~ WARREN STRZNKAMP, contestant is, and at all times herein mentioned was, an elector of the City of.South San Francisco, County of San Mateo, State of California. 2. The name of the defendant is ROBERTA CERRI TEGLIA. 3. The office, the right to hold and fill which ks contested is the office of COUNCILWOMAN (C°uncil~[l')J~li~'PA~]-~" OF~ 5 6 ? 10 11 12 13 1¢ 15 17 19 2~ 4. This statement*is filed pursuant to Section 20050 of the Elections Code on the ground that the defendant, who has been declared elected to the office of councilwoman (councilman) was not, at the time of the election, eligible to that office in that Ordinance 635 of the Ordinances of the City of South San Francisco, which was later reaffirmed in Ordinance 881, provided that no councilwoman (councilman) could serve for more than two consecutive terms on the City Council and the defendant is seeking to take office for her third consecutive term. 5. The date of declaration of the result of the election by the body canvassing the returns thereof, namely the City Council of' the City of South San Francisco, was November 20, 1987. Datedl November 23, Conteetant l, the undersigned say= I am a party to the above-entitled matters the foregoing document is true. of my own kno~ledqe, except as to the matters which are therein stated on my information and belief, and ae to those matters X b~lieve it to be true. ! declare under penalty of perjury that the foregoing is true and correct. Executed on November 23, 1957 1 2 6 ? 10 11 14 15 17 19 2O 21 22 24 26 27 28 PROOF OF SERVICE (1013a, 2015.5 C.C.P.) I am a citizen'of the Unfted States, over the age of 18 years and not a party to the within action; my business address is 650 California Street, Suite 2650, San Francisco, California 94108. On December 29, 1987 I served the within ANSWER OF ROBERTA CERRI TEGLIA TO A~NDED STATE~T OF ELECTION CONTEST, CROSS-COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, AND NOTICE OF TIME AND PLACE OF HEARING. on the parties in said action by placing a true copy thereof, enclosed in a sealed envelope, fully prepaid, at Federal. Express, at San Francisco, California, addressed as follows: Albert Polonsky, Esq. 6798 Mission Street Daly City, CA 94014 City of South San Francisco c/o Valerie J. Armento City Attorney City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 I declare under penalty of perjury that the foregoing is true and correct. Executed on December 29, 1987 , at San Francisco, California. Patricia Doyle OFFICE OF THE MAYOR (415) 877-8500 December 10, 1987 RE: RESULTS OF THE NOVEMBER 3, 1987 ELECTION AND THE NOVEMBER 20, 1987 INSTALLATION OF MAYOR AND VICE MAYOR FOR THE CITY OF SOUTH SAN FRANCISCO TO WHOM IT MAY CONCERN: NAME AND OFFICE ELECTED T~ERM EXPIRES JACK DRAGO, MAYOR (one year appointed term) 122 Cuesta Drive So. San Francisco, CA 94080 November 7, 1989 ROBERTA CERRI TEGLIA, VICE MAYOR (one yr. appt. term) 874 Baden Avenue So. San Francisco, CA 94080 November 2, 1993 MARK N. ADDIEGO, COUNCILMAN 329 Evergreen Drive So. San Francisco, CA 94080 November 7, 1989 RICHARD A. HAFFEY, COUNCILMAN 15 Tunitas Lane So. San Francisco, CA 94080 November 2, 1993 GUS NICOLOPULOS, COUNCILMAN 104 Orange Avenue So. San Francisco, CA November 7, 1989 Very truly yours, Barbara A. Battaya City Clerk cc: Attached List 400 GRAND AVENUE - P. O. BOX 71! 94083 1 2 3 4 5 6 7 8 9 10 1]. 12 13 14 ].5 ].6 ].7 ]8 ].9 2O 2]. 22 23 24 25 26 27 28 FILED JAN8 1988 WARREN SLOCUM, County Clerk DEPUTY CLERK IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO In the Matter of the Contested Election of ROBERTA CERRI TEGLIA for the Office of COUNCILWOMAN (Councilman), WARREN STEINKAMP, Contestant, VS. ROBERTA CERRI TEGLIA, Defendant. ) ) ) ) T ) ) ) ) ) ) ) ) ) ) NO. 324612 DECISION This matter comes before the Court for trial after contestant has filed his petition pursuant to Elections Code Section 20050 a~leging that defendant was not eligible for election to the South San Francisco City Council by reason of its Ordinance No. 881-81 which in section 2.16.020 provides: "A person elected to the Council shall be eligible to serve only two successive elective terms after being so elected." The parties have stipulated that the contestant is an elector qualified to file the petition contesting the election and that defendant is qualified for the office of Council other than for such Ordinance. The issue in this case is whether or not the City by its ordinance may -1- add qualifications to the requirements for eligibility to office, in addition to those set out by the legislature in Government Code Section 36502 which provides: "A person is not eligible to hold office as Councilman... unless he is at the time of assuming such office an elector of the City and was a registered voter of the City at the time nomination papers are issued to the candidate ..." 1 2 3 4 5 6 7 Contestant contends that the ordinance must be presumed valid and that 8 the State has not pre-empted the field. In particular he argues that this is 9 not an exclusive matter of State concern and that a reasonable restriction on 10 the statewide legislation is appropriate within the definitions of Municipal 11 affai rs or pol ice powers. Contestant to the contrary argues that 12 qualifications and eligibility for the office of City Councilmember is pre- 13 empted by the Government Code Section 36502, is in conflict with that general 14 law, is outside of the police power, and not part of the exclusive 15 comprehensive statutory scheme set up in the Government Code. 16 FINDINGS 17 The Court starts with its inquiry with the question as to whether or 18 not the limitation on terms is in fact a restriction on "qualifications" for 19 office. The case of Younger vs. Board of Supervisors (1979) 93 Cal. App. 3d 20 864 clearly determines that answer with a specific conclusion that it is an 21 additional qualification for candidacy. 22 The issue then comes initially, has the State occupied the field? 23 Contestant spent much time on the question of reasonable restrictions. In the 24 abstract, the restrictions in this case may be reasonable and in fact salutary, 25 but if the legislature has in fact pre-empted the field, then such arguments 26 must be addressed to it. This Court finds such pre-emption has occurred. 27 South San Francisco is a general law city. With respect to elections 28 in such cities, the legislature has comprehensively dealt with the subject. It -2- 1 2 3 4 5 6 7 8 9 10 11 ].2 ].3 ].4 ].5 ].6 ].7 ]8 ].9 2O 2]. 22 23 24 25 26 27 28 has set out in detail a Government Code statutory scheme as noted in opinions of the Attorney General 56 at page 328, "The legislature has fully occupied the field in this area. Municipal elections are state affairs and the legislature has control over the method of election and the terms of municipal officers." Although cities may adopt regulatory and restrictive ordinances, this is not one which falls in the category of being within the police power (Rose vs. State of California 19 Cal.2d 713). It must also fall when the Court determines the predominance or superiority as between the general state laws on the one hand and local regulations on the other. (Bishop vs. City of San Jose 1 Cal.3d 56 at 62) In light of the foregoing, the Court finds it unnecessary to reach conclusions as to constitutionality under either the First or Fourteenth Amendments, or under the "Excess of Authority" concept enunciated in Younger vs. Board of Supervisors supra. CONCLUSION The Court therefore concludes that Ordinance No. 881 of the City of South San Francisco is invalid and unenforceable, and that defendant Roberta Cerri Teglia was duly qualified, elected and sworn into office as a Councilperson of the City of South San Francisco on November 22, 1~87. In accordance with the provisions of Elections Code Section 20086, judgment shall be entered in accordance with the foregoing. Each party shall bear their own attorneys' fees. DATED: January 6, 1988 Costs are awarded to the defendant. ,,]UD'GEr " OF THE SuPER'[oR ~OURT -3- ! 2 3 4 5 6 7 8 9 10 ].1 ].2 ].3 14 15 ].6 ].7 ]8 19 2O 2]. 22 23 24 25 26 27 28 AFFIDAVIT OF MAILING CASE NO. 324612 DOCUMENT: DECISION I declare under penalty of perjury that on the following date ! deposited in the United States Post Office mail box at Redwood City, a true copy of the foregoing document, enclosed in an envelope, with the proper and necessary postage prepaid thereon, and addressed to the following: James R. Parrinello NIELSEN, MERKSAMER, HODGSON, PARRINELLO, & MUELLER 650 California Street, Suite 2650 San Francisco, CA 94108 Albert Polonsky, Esq. 6798 Mission Street Daly City, CA 94014 Executed on January 8, 1988 at Redwood City, California. WARREN SLOCUM, County Clerk -4- AFFIDAVIT OF MAILING Document: Dec is ion CASE NO. 324612 1 declare under penalty of perjury that on the following date I deposited in the United States Post Office mail box at Redwood City a true copy of the foregoing document, enclosed in an envelope, with the proper and necessary postage prepaid thereon, and addressed to the following: Valerie J. Armento City Attorney City Hall Annex 315 Maple Ave. South San Francisco, CA 94080 Executed on : /e ~t ,/~/// at Redwood Ci~yl California WARREN SLOCUM, County Clerk By ,:~'~,r ;,d~./t.,,/~6. ,'t._... ~z,~~ Deputy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 WARREN STEINKAMP 112 A Green Ave. South San Francisco, CA 94080-1728 Telephone No. : (415) 588-5855 In pro per SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO In the Matter of the Contested Election of ROBERTA CERRI TEGLIA for the Office of COUNCILWOMAN (Councilman), WARREN STEINKAMP CONTESTANT VS. ROBERTA CERRI TEGLIA DEFENDANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 324612 AMENDED STATEMENT OF CONTEST OF ELECTION PURSUANT TO ELECTIONS CODE SECTION 20050 et seq CONTESTANT ALLEGES: WARREN STEINKAMP, contestant is, and at all times herein mentioned was, an elector of the City of,South San Francisco, County of San Mateo, State of California. 2. The name of the defendant is ROBERTA CERRI TEGLIA. 3. The office, the right t0 hold and fill which is contested is the office of COUNCILWOMAN (Councilman)· / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. This statement is filed pursuant to Section 20050 of the Elections Code on the ground that the defendant, who has been declared elected to the office of councilwoman (councilman) was not, at the time.of the election, eligible to that office in that Ordinance 635 of the Ordinances of the City of South San Francisco, which was later reaffirmed in Ordinance 881, provided that no councilwoman (councilman) could serve for more than two consecutive terms on the city Council and the defendant is seeking to take office for her third consecutive term. 5. The date of declaration of the result of the election by the body canvassing the returns thereof, namely the City Council of the City of South San Francisco, was November 20, 1987. Dated: November 23, lg87 ORIGINAL SIGNED Contestant I, the undersigned say: I am a party to the above-entitled matter; the foregoing document is true. of my own knowledge, except as to the matters which are therein stated on my information and belief, and as to those matters I believe it to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 23, 1987 WARREN STEINKAMP TO SUBJECT FROM CITT' SOUTH SAN FRAN(' INTER-OFFICE MEMORANDUM City Attorney OA,E 11/20/07 Superior Court of CA County of San Mateo Case No, 324612 Warren Steinkamp vs, Roberta Cerri Teglia erk CC. ! am attaching the above entitled Case Onvolving "Statement of ConteSt of Election PUrsuant to Elections Code Section 20050 et seq." as personally served upon this Of'Fice today. J "~ REPLY ['~ INFORMATION ONLY ....... ' REQUESTED NO REPLY REQUESTED DArE SIGNED .,X- (WHITE) Receiving Copy (PINK) CC or Date File AS/SS 208 4/79) llVl (YELLOW) Return to Sender (GOLDENROD) Senders File Copy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WARREN STEINKAMP 112 A Green Ave. South San Francisco, CA 94080-1728 Telephone No. : (415) 588-5855 In pro per SUPERIOR COURT OF CALIFORNIA COUNTY, OF SAN MATEO In the Matter of the Contested Election of ROBERTA CERRI TEGL]A for the Office of COUNCILWOMAN (Councilman), WARREN STEINKAMP CONTESTANT VS. ROBERTA CERRI TEGLIA DEFENDANT NO. 3 46 Z STATEMENT OF CONTEST OF ELECTION PURSUANT TO ELECTIONS CODE SECTION 20050 et seq CONTESTANT ALLEGES: 1. WARREN STEINKAMP, contestant is, and at all times herein mentioned was, an elector of the City of South San Francisco, County of San Mateo, State of California. 2. The name of the defendant is ROBERTA CERRI TEGLIA. 3. The office, the right to hold and fill which is contested is the office of COUNCILWOMAN (Councilman). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. This statement is filed pursuant to Section 20050 of the Elections Code on the ground that the defendant, who has been declared elected to the office of councilwoman (councilman) was not, at the time of the election, eligible to that office in that Ordinance 635 of the Ordinances of the City of South San Francisco, which was later reaffirmed in Ordinance 881, provided that no councilwoman (councilman) could serve for more than two consecutive terms on the City Council and the defendant is seeking to take office for her third consecutive term. 5. The date of declaration of the result of the election by the body canvassing the returns thereof, namely the City Council of the ,City of South San Francisco, was November 20, 1987. Dated: November 20, lg87 ORIGINAL SIGNED Contestant I, the undersigned say: I am a party to the above-entitled matter; the foregoing document is true of my own knowledge, except as to the matters which are therein stated on my information and belief, and as to those matters I believe it to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 20, 1987 WARREN STEINKAMP 2