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HomeMy WebLinkAboutNS-1864 - Submitting Certain Proposed Charter Amendments to the Electors in General Municipal Election ... REL:adg-24 7/24/86 Rev. 8/5/86 ORDINANCE NO. NS-1864 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUBMITTING CERTAIN PROPOSED CHARTER AMENDMENTS TO THE ELECTORS IN THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 1986 WHEREAS, pursuant to section 1201 of the charter of the City of Santa Ana, a general election will be held in the City of Santa Ana on November 4, 1986; and WHEREAS, the City Council of the City of Santa Ana desires that certain proposals to amend the charter of the City of Santa Ana be submitted to the elector of said City at said general election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: A proposal to amend sections 101.1, 400, 401.1, 404 and 405 of the charter to read as set forth in Exhibit A, attached hereto and incorporated herein by reference, is approved for submission to the electors in the abovesaid election. SECTION 2: 404 of the hereto and submission A proposal to amend sections 400, 401, 401.1, and charter to read as set forth in Exhibit B, attached incorporated herein by reference, is approved for to the electors in the abovesaid election. SECTION 3: to read as corporated mission to SECTION 4: to read as corporated mission to A proposal to amend section 403 of the charter set forth in Exhibit C, attached hereto and in- herein by reference, is hereby approved for sub- the electors in the abovesaid election. A proposal to amend section 419 of the charter set forth in Exhibit D, attached hereto and in- herein by reference, is hereby approved for sub- the electors in the abovesaid election. ORDINANCE NO. NS- 1864 PAGE TWO SECTION 5: A proposal to repeal sections 600, 601 and 608 of the charter is hereby approved for submission to the electors in the abovesaid election. SECTION 6: The abovesaid proposals shall be designated on the ballot by a letter, pursuant to Section 10219 of the Elections Code of the State of California. SECTION 7: The said municipal election shall be conducted in accordance with the Elections Code of the State of California, and the Clerk of the Council is hereby authorized and directed to take all actions necessary or appropriate with respect there- to, except to the extent such actions may be undertaken by the Registrar of Voters of the County of Orange upon consolidation of the said municipal election with the statewide general election. ADOPTED this 19th day of AuEust , 1986. Daniel E. Griset Mayor ATTEST: ~/anice C. Guy / ~ 'Clerk of the Council ' COUNCILMEMBERS: Griset Aye Acosta Nay Hart A~ Johnson Luxembourger ~ McGuigan Young APPROVED AS TO FORM: Edwa~ J .~_~ooper City Attorney Sec. 101.1 Wards of the City. Prior to the general election in 1988 the city council shall divide the city into six (6) wards by ordinance accord- ing to the following formula: Each of the wards is to be as nearly equal in population as possible. The wards shall be composed of contiguous and compact territory and bounded by natural boundaries or street lines wherever possible. Any territory hereafter annexed to or consolidated with the city shall become a part of the ward to which it is most contiguous, pending any redistricting necessary to promote equality of population among the wards. Sec. 400. Number, selection and terms of members. The city council shall consist of seven (7) members elected at the times and in the matter provided in this charter, each of whom, except for the Mayor, shall serve a term of four (4) years. The term of each member shall begin following such election, at the first regularly scheduled meeting of the city council following certifica- tion of election results, and each shall serve except as otherwise provided for in this charter, until his successor is elected and qualified. Each office Of council member shall be a separate office and, except for the mayor, one of such offices shall be assigned to e&ch of the wards of EXHIBIT 000068 2lA the city. Candidates for each office of council member other than the mayor shall be nominated from such ward by the electors of such ward, but all council members shall be elected by the vote of the electors of the City at large. Sec. 401. Qualifications members. To be eligible to be elected to the office of council- member, a person must be a registered voter and a resident of the ward from which he is nominated at the time nomination papers are issued to him as provided in Section 22842 of the elections Code of the State of California, except that the mayor need only be a registered voter and resident of the city at such time. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which he (or, in the case of an appointee, his predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, his office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which he (or, in case of an appointee, his pred- ecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, he shall not lose his office by reason of such change If a member of the city council shall be convicted of a crime involving moral turpitude, his office shall immediately become the city council. EXHIBIT vacant and be so declared by A 000064 No person shall be eligible for nomination for or election to the office of councilmember who has served two (2) consecutive terms of four (4) years each. Short or partial terms shall not be considered. Sec. The mayor shall be a member of shall preside over the meetings of mayor shall have voice and vote in proceedings and shall be recognized as government for all ceremonial purposes. 404. Presiding officer, mayor. the city council the city council. all and The of the city council's head of the city The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the city council, consistent with his office. The mayor shall be elected by the voters of the city at large at each general municipal election in November of even-numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the city council in the same election. In the event an incumbent city council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the city council shall call a special election to fill the vacancy EXHIBIT A p,3. ~f~ 000065 21^. Sec. 401.1. Order of filling offices. The offices of council~member from wards one, three, and five shall be filled at the general municipal election held in 1988, and the offices of council member from wards two, four and six shall be filled at the general municipal election held in 1990. Thereafter, the offices of council member from wards one, three and five and from wards, two, four and six shall be filled alternately at the general municipal elections held in the years in which the terms of such offices respectively expire. The candidate elected from each ward at each such election shall be the candidate receiving the highest number of votes cast for any candidate from said ward. Sec. 405. Mayor pro temo In the first meeting of the city council following any general or special election at which members of the city council are elected, the city council shall elect a mayor pro tem who shall act as mayor during the absence from the city or disability of the mayor, or during any vacancy in the office of mayor. EXHIBIT A ?.4. oooo 21A i!'l' ; "'l ..... SEC. 400. NUMBER, SELECTION AND TERMS QF MEMBERS. The City Council shall consist of seven (7) members elected at the times and in the manner provided in this Charter, each of. whom shall serve a term of four (4) years, except as otherwise stated herein. The term of each member shall begin following such election, at the first regularly scheduled meeting of the City Council following Certification of Election Results, and each shall serve, except as otherwise provided for in this Charter, until his successor is elected and qualified. Each office of council member shall be a separate office and one of such offices shall be assigned to each of the Wards of the City. Candidates for each office of council member shall.be nominated from such Ward by the electors of such Ward and shall be residents of such Ward, and each council member shall be elected by the vote of only those electors of the Ward from which such council member was nominated. SEC. 401.1. ORDER OF FILLING OFFICES. The offices of council member from ~11 Wards shall be filled at the General~Municipal Election held in 1988. The offices of council member from Wards Two, Four, and Six shall be for a period ending at the General Municipal Election of 1990. The offices of council member from Wards One, Three, Five and Seven shall be for a period ending at the General Municipal Election of 1992. There- after, the office of council member from Wards One, Three, Five, and Seven; and from Wards Two, Four, and six shall be filled alternately at the General Municipal Elections held in the years in which the terms of such offices respectively expire. Nothwithstanding other provisions of the Charter, if the office of any Council Member is vacated between the General Election of 1986, and March 8, 1988, the Council shall conduct a Special Election within ninety (90) days, or at the next available election date whichever comes first to fill the office of Council- member from that Ward. The election will be for the electors of the vacated Ward only. The candidate elected from each Ward at each such election shall be the candidate receiving the highest number of votes cast for any candidate from such Ward. EXHIBIT 1. 000067 SEC. 404. PRESIDING OFFICER, MAYOR Candidates for Office of Mayor shall be nominated from the City at-large by the electors of the City, and shall be residents of the City at-large. The Mayor shall serve a term of two (2) years. There shall be no limit on the number of terms a Mayor may serve. The Mayor shall preside over the meetings of the City Council as Chairman. The Mayor may only vote on any matter voted upon by the City Council in the case of a tie vote on such matter by the Council }~embers, in which event the Mayor shall be deemed a Member of the City Council. The Mayor shall be allowed to ask for a one-time only re- consideration (or veto) of any council vote in which event, the item shall be re-calendared for the next regularly scheduled Council Meeting. The two-thirds vote of the Council will prevail thereafter. The Mayor shall have no administrative duties, but shall perform such other duties as may be prescribed by the Charter, or imposed by the City Council, consistent with this Office. The Mayor shall be recognized as head of the City Govern- ment for all Ceremonial purposes and for purposes of public re- lations and inter-governmental relations. The Mayor shall be an ex-officio, non-voting member of all Boards, Commissions, and Committees of the City. In the event that the Mayor ceases to be a resident of the City of Santa Ana or is convicted of a crime involving moral turpitude, his/her Office shall immediately become vacant and be so declared by the City Council. If the Mayor absents him- self/herself from the regular meetings of the City Council for a period of sixty (60) days consecutively from and after the last regular City Council meeting attended by such member, un- less by permission of the City Council expressed in its official Minutes, his/her Office shall become vacant and shall be so declared by the City Council. In the event of a vacancy occurring in the Office of Mayor, resulting from removal, resignation, death, inability to serve or for whatever cause, a special election shall be held in accordance with the provisions of the Election Code of the State of California. In the interim, the Vice-Mayor shall preside over the meetings of the City Council until such time as the vacancy is filled and is impowered to sign official documents in place of the Mayor. EXHIBIT p 2. 000068 Should a vacancy arise in the Office of Mgyor more than two hundred seventy (270) days prior to the General Municipal Election, the City Council shall set. a Special ~lection within ninety (90) days or at the next Orange County Election date whichever comes first to fill the office of the Mayor. The first Mayor.will be elected in the General Municipal Election of 1988. ~ 000069 Sec. 403. Vacancies. In the event of a vacancy in the city council, for whatever cause, the city council shall declare the office vacant and fill the same by appointment. In each case the person so appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of a'~ unexpired term. Such appointee must, at the time of his appointment and con- tinuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the city council shall fail to fill a vacancy by appointment within thirty ~30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy. If a member of the city council absents himself from all regular meetings of the city council for a period of sixty (60) days consecutively from and after the last regular city council meeting attended by such member, unless by permission of the city council expressed in its official minutes, his office shall become vacant and shall be so declared by the city council. EXHIBIT oooO e i i 21A Sec. 419. Codification. Any or all ordinances of the city which have been enacted and published in the manner required at the time of their adoption and which have not been repealed, may be compiled, consolidated, revised, indexed, and arranged in a comprehensive ordinance code, and such code may be adopted by reference by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than one (1) copy thereof shall be filed for use and examin- ation in the office of the clerk of the council prior to the adoption thereof; and, in lieu of the publication of the ordinance, there shall be published a notice in the official newspaper describing the ordinance in brief and in general terms and stating that the code is avail- able for public inspection at the office of the clerk of the council, together with the time and place when and where it will be considered for final passage. Ordin- ances codified shall be repealed as of the effective date of the code. Subsequent amendments to sections of the code shall be enacted in the same manner as herein required for the amendment of ordinances generally. Detailed regulations pertaining to any subject such as the construction of buildings, plumbing, wiring, or other subjects which require extensive regulations, after having been arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this section. {HIBIT D 000O71