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HomeMy WebLinkAbout85B - ORD TERM LIMITS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 7, 2006 FOR THE SUBMISSION TO THE VOTERS OF QUESTIONS RELATING TO THE AMENDMENT OF THE CITY CHARTER. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: By Ordinance No. NS~ ,the City Council has declared that a General Municipal Election shall be held on November 7, 2006 for the election of municipal officers. SECTION 2: Under provisions of the Charter of the City of Santa Ana and the California Elections Code, a sp~cial election shall be held in conjunction with the General Municipal Election to be held on November 7, 2006 and the following proposed amendments to the City Charter shall be submitted to the voters: A. A proposal to amend Section 400 of the Charter to read as set forth in Exhibit A, attached hereto and incorporated herein by this reference; B. A. A proposal to amend Section 401 of the Charter to read as set forth in Exhibit Br attached hereto and incorporated herein by this reference; C. A proposal to amend Section 402 of the Charter to read as set forth in Exhibit C, attached hereto and incorporated herein by this reference; D. A proposal to amend Section 404 of the Charter to read as set forth in Exhibit Dr attached hereto and incorporated herein by this reference; E. A proposal to amend Section 413 of the Charter to read as set forth ;n Exhibit E, attached hereto and incorporated herein by this reference; F. A proposal to amend Sections 421 and 422 of the Charter to read as set forth in Exhibit F. attached hereto and incorporated herein by this reference; G. A proposal to amend Section 901 of the Charter to read as set forth in Exhibit Gr attached hereto and incorporated herein by this reference; H. A proposal to amend Section 901.1 of the Charter to read as set forth in Exhibit Hr attached hereto and incorporated herein by this reference; Ordinance No. Page 1 of 18 858-1 I. A proposal to amend Section 910 of the Charter to read as set forth in Exhibit I, attached hereto and incorporated herein by. this reference; J. A proposal to amend Section 911 of the Charter to read as set forth in Exhibit J, attached hereto and incorporated herein by this reference; K. A proposal to amend Section 912 of the Charter to read as set forth in Exhibit K, attached hereto and incorporated herein by this reference; L. A proposal to amend Section 1200 of the Charter to read as set forth in Exhibit L, attached hereto and incorporated herein by this reference; ADOPTED this day of , 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. Page 2 of 18 858-2 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS=--- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. Page 3 of 18 858-3 Exhibit D Sec. 404. Presiding officer, mayor The mayor shall be a member of the city council and shall preside over the meetings of the city council. The mayor shall have voice and vote in all of the city council's proceedings and shall be recognized as head of the city government for all ceremonial purposes. 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 .t:H&the 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 tho event an incumbent city council momber other than the mayor is eloctad mayor such othor office sh311 bacorne V-3OC1nt 3t tho time he or sha 3ssumes office as mayor and the city council shall call a speci31 eloction to fill the vacancy. A oerson who has alreadv served five (5) consecutive terms of two (2) years each as mayor shall be eliaible for nomination for or election or appointment to the office of mayor or council member no sooner than for a term beainnina after at least two mayoraJ terms have passed followina comoletion of that person's fifth consecutive term. Short or partial terms shall not be considered in determinina eliaibilitv for appointment. nomination or election as mayor. For purposes of this charter. short or oartial terms shalf only be those where the mayor was elected or appointed to replace another mayor , who left office before the latter official's term expired. Anv mayor who assumed office at the beoinnina of a term and left office early for any reason whatsoever shall be deemed have served a full term. The provisions of this section related to short oroartial terms is deemed to be declaratory of existina law. Ordinance No. Page 7 of 18 858-4 CONSENT CALENDAR 25.P. AGMT NO. 2006-160 - GRANTS LOCATOR SYSTEM - With eCivis in an amount not to exceed $20,804 - Parks, Recreation & Community Services Agency MISCEllANEOUS BUDGET 29.A. INSURANCE RENEWALS Motion: 1. Approve the City's continued membership In the Big Independent Cities Exc... Pool for an additional three years beginning July 1, 2006 at an annual premium coat not to exceed $1,826,000 for the first year. 2. Approve the City's continued participation In the Public Entity Property Insurance Program from July 1, 2006 to July 1, 2007 at a premium cost of $387,188. 3. Approve the City's continued participation In the Crime Bond Program at a premium cost not to exceed $11,500 from July 1, 2007 to July 1, 2008. *** END OF CONSENT CALENDAR *** BUSINESS CALENDAR ORDINANCES I FIRST READING 5O.A. 2006 GENERAL MUNICIPAL ELECTION Motion: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2714 - An ordinance of the City of Santa Ana calling for, and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 7, 2006 for the election of certain officers. 2. Adopt resolutions. RESOLUTION NO. 2006-034 - A resolution of the City Council of the City of Santa Ana requesting the Board of Supervisors of Orange County to consolidate a General Municipal Election of the City of Santa Ana with the StateJs General Election. CITY COUNCIL MINUTES 199 JUNE 19, 2006 858-5 BUSINESS CALENDAR RESOLUTION NO. 2006-035- A resolution of the City Council of the City of Santa Ana establishing a charge for candidates' statements to be submitted to the electorate in the November 2006 General Municipal Election. MonON: Bist SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Bustamante, Christy t Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 50.B. NOVEMBER 7, 2006 SPECIAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE VOTERS QUESTIONS RELATING TO CHANGES IN THE CITY CHARTER Council discussion ensued on this matter. Mayor Pulido moved, seconded by Councilmember Solorio, that the staff recommendations on this item be amended to delete the proposed charter amendments relating to Council salaries and Mayoral term limits. He further moved that the proposed implementing ordinance relating to Council member salaries be deleted from the recommended actions. Mayor Pro Tern Bist made a substitute motion, seconded by Councilmember Alvarez, to approve the staff recommendations as amended to delete the proposed charter amendment relating to Council salaries but retain the proposal relating to Mayoral term limits. Glen Stroud addressed the Council and stated that the question of term limits for the Mayor should be decided by the voters. Substitute Motion: 1. Place ordinance on first reading .s amended to delete Section 2C (amendment to Section 402 relating to Council salari88) and further delete Exhibit C and authorize publication of title. ORDINANCE NO. NS-2715 - An ordinance of the City Council of the City of Santa Ana calling for and giving notice of a Special Municipal Election to be consolidated with the General Municipal Election to be held in the City of Santa Ana on November 7, 2006 for the submfssion to the voters of questions relating to the amendment of the City Charter. CITY COUNCIL MINUTES 200 JUNE 11. 2006 858-6 BUSINESS CALENDAR 2. Place ordinances A and C on first reading and authorize publication of title. A. ORDINANCE NO. NS-2716 - An ordinance of the City Council of the City of Santa Ana amending section 2-101 of the Santa Ana Municipal Code relating to Council organization; &-ORDINANCE :\n or~iflaFlse at the Ci4' Cel:lRsil of the City sf SaAta :\R3 aEilsiRg &ootio" 2 110 to the Santa ..^.R8 MI:IAiGipal CeEie F'elatiAg to CO"Acil member salarisE; aRd c. ORDINANCE NO. NS~2717 - An ordinance of the City Council of the City of Santa Ana amending Chapter 2, Article 8 of the Santa Ana Municipal Code, relating to City Manager's authority to enter contracts. 3. Adopt a resolution. RESOLUTION NO. 2006-036 - A resolution of the City Council of the City of Santa Ana requesting the Board of Supervisors of Orange County to consolidate a Special Municipal Election of the City of Santa Ana with the Statewide General Election to be held on November 7, 2008 4. Adopt a resolution. RESOLUTION NO. 2006-037- A resolution of the City Council of the City of Santa Ana authorizing written arguments for changes to the Santa Ana Charter 5. Direct the Clerk of the Council to prepare guidelines for preparation of arguments for/against the proposed charter amendments, fix August 1, 2006 as the date for the submission of arguments, and post the notice for the argument process in accordance with the provisions of the California State Election. Cade. &. Direct the City Attorney to prepare an impartial analysis for each of the charter amendments submitted to the voters. 7. Approve ballot question groupings and direct City Attorney to prepare a ballot question resolution to be considered In conjunction with second reading of ordinance calling election. CITY COUNCIL MINUTES 201 JUNE 19, 2008 858-7 BUSINESS CALENDAR MOTION: Bist SECOND: Alvarez VOTE: AYES: Alvarez. Biat. Garcis. (3) NOES: Bustamante, Christy, Pulido, Solorio (4) ABSTAIN: None (0) ABSENT: None (0) Motion failed of adoption MotIon: Approve the staff recommended actions on Item 60. B. amended as follows : A. Amend recommendation #1 relating to the ordinance calling a Special Municipal Election by deleting: Section 2 C (amendment to Section 402 relating to Council salari..) and further delete exhibit C Section 2 D (amendment to Section 404 relating to the presiding officer) and further delete Exhibit 0 B. Amend recommendation #2 relating to the Implementing ordinances by deleting the ordinance Implementing chang.s relating to Council ..Iarlea MOTION: Pulido SECOND; Solorio VOTE: AYES: Bustamante. Christy, Pulido. Solorio (4) NOES: Alvarez. Sist, Garcia (3) ABSTAIN: None (0) ABSENT: None (0) The motion (Pulido-Solorio) was adopted. Discussion on the matter continued. Council member Garcia introduced a motion. seconded by Mayor Pro Tem Bisl to add a charter amendment limiting the number of terms for the Office of Mayor to six (6) two year terms Motion: Approve a charter amendment to be placed on the November 7. 2006 ballot limiting the number of terms for the OffIce 0' Mayor to six (8) two year terms CITY COUNCIL MINUTES 202 JUNE 19, 2006 858-8 ~ BUSINESS CALENDAR MOTION: Garcia SECOND: Bist VOTE: AYES: Alvarez, Sisti Garcia (3) NOES: Bustamante, Christy, Pulido, Solorio (4) ABSTAIN: None (0) ABSENT: None (0) Motion failed of adoption 50.C. PROPOSED AMENDMENT TO THE SANTA ANA MUNICIPAL CODE Motion: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2718 - An ordinance of the City CouncH of the City of Santa Ana adding Section 2-300.4 of the Santa Ana Municipal Code related to conferring the powers and duties of Executive Director of Community Development upon the Deputy City Manager of Development Services MOTION: Christy SECOND: Alvarez VOTE: AYES: Alvarez, Bistt Bustamante I Christy, Garcia Pu lido, Sotorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS 55.A. AMENDMENTS TO BIG INDEPENDENT CITIES EXCESS POOL (BICEP) AGREEMENTS AND NEW PROGRAM DOCUMENTS Motion: Adopt a resolutlon_ RESOLUTION NO. 2006-038- A resolution of the City Council of the City of Santa Ana amending the liability risk coverage agreement and the Joint Powers agreement creating the Big Independent Cities Excess Pool Joint CITY COUNCIL MINUTES 203 JUNE 19. 2006 858-9