HomeMy WebLinkAbout55C - SPECIAL ELECTIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 6, 2007
TITLE:
SPECIAL MUNICIPAL ELECTION E'OR THE
SUBMISSION TO THE VOTERS QUESTIONS
ON CHANGES IN THE CITY CHARTER
RELAT/ED~TO TERM LIMITS
L/ G +w~-----~_
ITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~" Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt a resolution:
a. Ordering, calling, and giving notice of a Special
Municipal Election to be held in the City of Santa Ana
on February 5, 2008 for the submission to the voters of
questions relating to the amendment of the City Charter
b. Requesting the Board of Supervisors of Orange County to
consolidate the Special Municipal Election with the
Statewide Presidential Primary Election
c. Establishing procedures for submission of ballot
arguments regarding the Charter Amendments.
2. Direct the Clerk of the Council to prepare guidelines for
preparation of arguments for/against the proposed charter
amendments, fix the date for the submission of arguments, and
post the notice for the argument process in accordance with
the provisions of the California State Elections Code.
3. Direct the City Attorney to prepare an impartial analysis for
each of the two charter amendments submitted to the voters.
DISCUSSION
On May 21, 2007, the City Council directed staff to work with a
Council Ad Hoc Committee appointed by the Mayor to develop a
proposal related to mayoral and council term limits for placement
on a future ballot. The committee, comprised of Councilmembers
Benavides, Sarmiento, and Tinajero, convened in June, 2007 and
asked staff to review the Charter to determine which sections
would be impacted in the event the term limit provisions for
elected officials were amended.
The Ad Hoc Committee reviewed term limits in several large local
jurisdictions throughout the state and looked at various
55C-1
Febrnary 5, 2008 Special Municipal Election
August 6, 2007
Page 2
alternatives for establishing term limits for the Office of Mayor
in Santa Ana. The Committee also looked at possible revisions to
the current limits imposed on the City Council.
The Ad Hoc Committee recommends that the Council consider placing
a charter amendment on the February 5, 2008 Presidential Primary
Election changing the Mayor's term of office from a two year
term to a four year term, establishing term limits for the Mayor
at four consecutive four year terms, and changing City Council
term limits to three consecutive terms. The committee is further
recommending a second charter amendment which would change board
and commission term limits to three consecutive four year terms
(twelve years). This second measure would only be effective if
the measure related to Mayor and Council terms is adopted by the
voters. (See exhibit A for a comparison of the proposed
amendments with current provisions}.
In order to conduct an election for placing the above measures on
the ballot, State law requires the City Council to take an action
calling for a special municipal election. The subject resolution
establishes February S, 2008 as the date for this election. The
resolution provides for the submission of the two amendments and
includes the text and ballot titles for the two proposals to be
adopted by the voters.
Pursuant to the provisions of the California Elections Code, the
City Council is required to formally request consolidation of the
City's special election with the Presidential Primary election.
The subject resolution fulfills this requirement by requesting
that the Board of Supervisors of Orange County consolidate the
special municipal election of February 5, 2008 and authorizes the
Board of Supervisors to canvass the election returns.
California State Elections Code §9281 provides that arguments for
and against any city measure may be submitted to the qualified
voters of the city. The Elections Code specifies that the
legislative body, or any member or members of the Legislative
body authorized by that body, may submit a written argument for
or against the measure. This section further authorizes any
individual voter or bona fide association of citizens to write
arguments, however, the Elections Code specifies that members of
the Council would be given preference and priority, if authorized
by the City Council. The subject resolution gives authorization
to any member of the Council desiring to submit an argument for
or against either or both ballot measures.
55C-2
February 5,2008 Special Municipal Election
August 6, 2007
Page 3
The procedures for filing ballot arguments are detailed in the
Elections Code. The procedures, as well as general guidelines for
preparing arguments will be provided in a notice prepared by the
Clerk of the Council and posted following adoption of the
election resolution.
Whenever any city measure qualifies to be on a ballot, the City
Council may direct the City Attorney to prepare an impartial
analysis of the measure showing the effect of the measure on the
existing law and the operation of the measure (Elections Code
X9280). The analysis is printed in the Voter Information
Pamphlet preceding the arguments for and against the measure.
FISCAL IMPACT
The County Registrar of Voters office has provided a tentative
estimate that the cost of consolidating a special election for
charter amendments with the Presidential Primary Election would
be approximately $125,000-$150,000 based on current voter
registration in the City and the cost of consolidated elections
in prior years. Funds for these administrative costs will be
available from the 2006-07 prior year-end balance in the General
Fund Non-Departmental Account (Account No. Olt-012-6291)
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~ ~~
Patricia E. Hea y `,,,Francisco Gutierre z
Clerk of the Council U Executive Director
Finance & Management Services Agency
55C-3
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RESOLUTION
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.
(JWF 7127107)
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-XX
55C-5 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 atl 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-XX
55C-6 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 far 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 day of , 2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
By:
Joseph W. Fletcher, City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN
NOT PRESENT
Councilmembers
Councilmembers
55C-7
RESOLUTION NO. 2007-XX
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-XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
RESOLUTION NO. 2007-XX
55C-8 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, ,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-XX
Page 5 of 9
55C-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 councilmember ceases to be a resident of
the ward from which the councilmember (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 twe{e} 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 sesend third consecutive full term.
RESOLUTION NO. 2007-XX
Page 6 of 9
55C-10
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
for a twe four-year term commencing on
the same date that councilmembers from wards one, three and five are elected. as-the
r. No person may be a
candidate for mayor and a candidate for any other office on the city council in the same
election.
A person who has served four (4) consecutive terms of four (4) years each as mayor
shall be eligible for appointment, nomination for or election to the office of
councilmember or mayor no sooner than for a term beginning eight (8) years after
completion of that person's fourth consecutive term as mayor.
Short or partial terms shall not be considered in determining eligibility for nomination or
election as mayor. For purposes of this charter, short or partial terms shall only be those
where the mayor was elected or appointed to replace another mayor who left office
before the latter official's term expired. Any mayor who assumed office at the beainning
of a term and left office early for any reason whatsoever shall be deemed have served a
full term.
RESOLUTION NO. 2007-XX
Page 7 of 9
55C-11
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 councilmember 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 twe-{~) 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 {-2} 4 four
year term which coincides with that of the Mayor, and which shall be limited to three 3
consecutive terms ^{ ~^~^ ~" ~~°^~° ^^^~. 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-XX
Page 8 of 9
55C-12
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-XX
Page 9 of 9
55C-13
55C-14