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HomeMy WebLinkAbout2007-057 - Calling and Giving Notice of a Special Municipal Election Amended by Resolution No. 2007-057-S1 as adopted by City Council on 11/5/2007 (JWF 7/27/07) RESOLUTION NO. 2007-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION FOR SUBMISSION TO THE VOTERS OF QUESTIONS RELATING TO THE AMENDMENT OF THE CITY CHARTER; REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL ELECTION WITH THE FEBRUARY 5, 2008 STATEWIDE PRESIDENTIAL NOMINATING ELECTION; SETTING FORTH THE LANGUAGE OF BALLOT TITLES; AND ESTABLISHING PROCEDURES FOR SUBMISSION OF BALLOT ARGUMENTS REGARDING THE CHARTER AMENDMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. There is scheduled to be a statewide presidential nominating election to be held on Tuesday February 5, 2008. Section 2. Under provisions of the Charter of the City of Santa Ana and the California Elections Code, a special election shall be held in conjunction with the presidential nominating election to be held on February 5, 2008 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 proposal to amend Section 401 of the Charter to read as set forth in Exhibit B, attached hereto and incorporated herein by this reference; C. A proposal to amend Section 404 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 901 of the Charter to read as set forth in Exhibit D, attached hereto and incorporated herein by this reference; Section 3. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters. Section 4. The amendments shall be proposed as follows, with identification as determined in accordance with the California Elections Code: Resolution No. 2007-057 Page 1 of 9 Shall the Santa Ana Charter be amended to establish term limits for the Mayor of four terms of four years each and to change City Council term Yes limits to three terms? Charter Sections 400, 401 and 404. No In the event Measure _ is approved, shall the Santa Ana Charter be amended to make board and commission terms correspond with those Yes of the City Council? Charter Section 901. No Section 5. It is desirable that this special election for the City of Santa Ana be consolidated with the statewide presidential nominating election to be held on the same date and that within the City of Santa Ana, the precincts, polling places and election officers be the same for both elections, and that the Board of Supervisors of the County of Orange canvass the returns for both elections, in all respects as if there was only a single election. Section 6. Pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange ("Board of Supervisors) is hereby requested to consent to and order the consolidation with the presidential nominating election to be held on February 5, 2008, of a special election of the City of Santa Ana to be held upon the same date for the purpose of considering certain amendments to the City Charter. Section 7. The Board of Supervisors is hereby authorized to canvass the returns of said election pursuant to Section 10411 of the Elections Code of the State of California. Section 8. The City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 9. The Clerk of the Council is hereby directed to file a certified copy of this resolution with the Board of Supervisors and a certified copy of this resolution with the Registrar of Voters of the County of Orange. Resolution No. 2007-057 Page 2 of 9 Section 10. Section 9282(b) of the Elections Code of the State of California provides that in a local election, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure placed on the ballot by the City Council. Section 11. The City Council hereby authorizes and directs the Clerk of the Council to give preference and priority to any written argument for or against the City measures set forth above that includes a member or members of the City Council (up to five members), and then to other arguments as set forth in California Elections Code section 9287. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 6th day of Auqust. 2007. ey A~' lC'1 b Alvarez, Bustamante, Pulido, ,,~~ uncI rnern ers NOES: Councilmembers RpnRvinPR. MRrtinp7. (2) Sarmiento, Tinajero (5) ABSTAIN: Council members NOT PRESENT: Councilmembers Resolution No. 2007-057 Page 3 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-057 to be the original resolution adopted by the City Council of the City of Santa Ana on Auqust 6.2007. Date: s;: / /_~ /07 I' / ~ Clerk of the Council City of Santa Ana Resolution No. 2007-057 Page 4 of 9 Exhibit A Sec. 400. Number, selection and terms of 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, ClXGept for the FRayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 pm on the second Tuesday of December following certification of election results, and each shall serve except as otherwise provided for in this charter, until his or her successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the city. Candidates for each office of councilmember other than the mayor shall be nominated from such ward by the electors of such ward and candidates for mayor shall be nominated by electors of the city, but all councilmembers shall be elected by the vote of the electors of the city at large. Resolution No. 2007-057 Page 5 of 9 Exhibit B Sec. 401. Qualifications of members. To be eligible to be elected to the office of councilmember, a person must be a qualified voter and a thirty (30) day resident of the ward from which the candidate is nominated at the time nomination papers are issued as provided for in the Elections Code of the State of California, except that the mayor need only be a registered voter and thirty (30) day 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 the councilmember (or, in the case of an appointee, the councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a council member ceases to be a resident of the ward from which the council member (or, in case of an appointee, the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, the councilmember shall not lose the office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. A person who has served two (2) three (3) consecutive terms of four (4) years each shall be eligible for appointment, nomination for or election to the office of councilmember (regardless of wards represented by that person during such period) no sooner than for a term beginning eight (8) years after completion of that councilmember's sacond third consecutive full term. Resolution No. 2007-057 Page 6 of 9 Exhibit C 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 his office. The mayor shall be elected by the voters of the city at large at each genom I municipal election in November of even numbered years for a twe four-year term commencing on the same date that councilmembers from wards one. three and five are elected. 3S the terms of the other council members electes in such ye3r. 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 3n incumbent city council mombor other than the mayor is elected mayor such othor office shall becomo yocant at the timo he or she assumes office as mayor and the city council sholl call a special elestion to fill the vacancy. A person who has served four (4) consecutive terms of four (4) vears each as mavor shall be eliqible for appointment. nomination for or election to the office of councilmember or mavor no sooner than for a term beqinninq eiqht (8) vears after completion of that person's fourth consecutive term as mavor. Short or partial terms shall not be considered in determininq eliqibilitv for nomination or election as mavor. For purposes of this charter. short or partial terms shall on Iv be those where the mavor was elected or appointed to replace another mavor who left office before the latter official's term expired. Anv mavor who assumed office at the beqinninq of a term and left office earlv for anv reason whatsoever shall be deemed have served a full term. Resolution No. 2007-057 Page 7 of 9 Exhibit D - Replaced - See Resolution 2007-057 Nunc Pro Tunc Exhibit D Sec. 901. Appointments, removals, vacancies, terms. (a) Except as otherwise specified in this charter, the member of each of the appointive boards and commissions shall be appointed, and may be removed, by the city council, subject in both appointment and removal by the affirmative votes of a majority of the members. For boards or commissions having at least seven (7) members, the city council shall select members from nominations made by the council member (or the mayor in the case of the city-wide seat) whose term coincides with that board or commission seat, (as determined by the city council in accordance with subsection (e), below), together with nominations from any other member of the council. All other appointments shall be as determined by this charter, or by the city council from time to time. (b) Vacancies from whatever cause arising shall be filled in the same manner. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. All terms shall begin on the same date as city council member terms as provided in section 400 of this charter. (c) If a member of a board or commission absents himself from three (3) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the city, his office shall become vacant and shall be so declared by the city council. (d) Except as otherwise provided in this section, the members of such boards and commissions shall serve for a term of four (4) years and until their respective successors are appointed and qualified, but in no event shall any person be eligible for reappointment who has served two (2) three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the member is appointed to by the city council. Notwithstanding the foregoing, one seat shall be a city-wide seat having a ~(4) four year term which coincides with that of the Mayor, and which shall be limited to three (3) consecutive terms of two (2) years oach. Short or partial terms (as defined for city council in Section 401 of this Charter) shall not be considered. Unless otherwise provided by ordinance of the city council for a board or commission having more or less than seven (7) members, the terms of three (3) of the members of each such board or commission shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the April, 1983 general election, the terms of three (3) other members shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the November, 1984 general election, and one (1), as designated by the city council, shall coincide with the term of the mayor. It is the intent of this section that the term of office on boards and commissions shall be concurrent with the term of office of council members. Thereafter, any appointment to fill an unexpired term shall be for such an unexpired period. No person shall be eligible for Resolution No. 2007-057 Page 8 of 9 appointment to a board or commission who completed a term on the City Council immediately preceding that board or commission term. (e) The city council shall determine which members of such boards and commissions serving as such at the time of the April, 1983 general election shall serve shortened or extended terms. Beginning with terms starting immediately following the 2006 general election, for board and commissions with at least seven members, the city council shall designate board and commission seats by ward, and one city-wide. These designations shall be solely for the purpose of nominations and calculations of terms as provided in this Section 901. Residency in that ward is not required. Resolution No. 2007-057 Page 9 of 9