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HomeMy WebLinkAbout55B - RESO - RESCIND ELECTION RESOSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: ADOPT A RESOLUTION RESCINDING PREVIOUSLY ADOPTED ELECTION RESOLUTIONS RELATED TO BALLOT MEASURE CONCERNING BY -DISTRICT ELECTIONS ON THE JUNE 5, 2018 STATEWIDE PRIMARY ELECTION BALLOT {STRATEGIC PLAN NO. 5, 11 I Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: U:U0i04 ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt Resolution Rescinding Resolution Nos. 2018-015, 2018-016 and 2018-017, deeming them and related actions of no further legal force or effect. DISCUSSION On March 6, 2018, four City Council Members, comprising a majority of the City Council, adopted the aforementioned Resolutions calling for an election at which voters could consider the adoption of an amendment to the Santa Ana City Charter, providing for by -ward, or in other words, by -district election of City Council Members. The Clerk of the Council, in carrying out her ministerial duties, asked the Mayor to sign the Resolutions as provided for in the City Charter in order for her to submit fully executed copies of the Resolutions to the Orange County Registrar by the deadline established in the Elections Code. The Mayor declined to sign the Resolutions and the Registrar declined to accept the approved, but not signed Resolutions. After engaging outside legal counsel and pursuing all legal avenues to ensure an election, the Court of Appeal denied a final writ. This resulted in depriving the City of the ability to hold the planned consolidated special election with the June 5, 2018 Statewide Primary Election. As a result, the Resolutions are rendered irrelevant and have no further legal force or effect. Therefore, the City Council is advised to rescind the previously adopted Resolutions and approve the proposed Resolution which is attached to this staff report. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 5513-1 Resolution Rescinding Previously Adopted Election Resolutions Related to Ballot Measures Concerning By -District Elections on the June 5, 2018 Statewide Primary Election Ballot April 17, 2018 Page 2 FISCAL IMPACT There is no Fiscal Impact associated with the adoption of the proposed Resolution and the City will not incur the costs originally associated with holding a Special Election, as previously approved. Maria D. Huizar, Clerk of the Council Sonia R. Carvalho City Attorney Exhibits: 1. Resolution No. 2018-015 2. Resolution No. 2018-016 3. Resolution No. 2018-017 4. Proposed Resolution 55B-2 RESOLUTION NO. 2018-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON JUNE 5, 2018 FOR SUBMISSION TO THE VOTERS OF THE QUESTION OF WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY THE REGISTERED VOTERS OF THE ENTIRE CITY AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE CITY'S SPECIAL ELECTION WITH THE STATEWIDE PRIMARY ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Changing from at -large City Councilmember elections to ward -based City Councilmember elections requires a Charter amendment approved by the voters. B. The City Council has considered the issue of changing from at -large City Councilmember elections to ward -based City Councilmember elections and has determined that the voters of the City of Santa Ana should decide whether City Councilmembers should be elected using the by -ward voting method rather than the at -large voting method. C. A special election of the City of Santa Ana will be held on June 5, 2018, for the purpose of voting on the following proposed amendment to the City Charter which shall be submitted to the voters: Exhibit 1 Resolution 2018-015 Page 1 of 4 55B-3 Measure: YES Shall City of Santa Ana Charter section 400 be amended requiring City' Councilmember election from his or her residency ward and only by registered voters of that ward, instead of City Councilmember elections by registered voters of the entire City? NO D. There will be a statewide special election on June 5, 2018. E. It is desirable that said special election of the City of Santa Ana be consolidated with the statewide primary election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and charter amendment be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. F. That the text of the Charter amendment to Charter Section 400 submitted to the voters is attached as Exhibit A and incorporated herein by reference. G. That the vote requirement for the measure to pass is a majority (50% + 1) of the votes cast. H. That the Clerk of Council is authorized, instructed and directed to give further notice of the election, in time, form and manner as required by law. Section 2: That pursuant to the requirement of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order consolidation of the June 5, 2018 special election of the City of Santa Ana for the purpose of voting on a ballot measure related to the proposed Charter amendment with the statewide primary election to be held on the same date. The election will be held and conducted in accordance with the provisions of law regulation the statewide election. Section 3: The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said special municipal election pursuant to Section 10411 of the Elections Code of the State of California. Resolution 2018-015 Page 2 of 4 55B-4 Section 4: The City of Santa Ana recognizes the 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 5: The Clerk of Council is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Orange and a certified copy of this Resolution with the Registrar of Voters of the County of Orange. Section 6: This Resolution shall take effect immediately upon its adopting by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 6th day of March, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: q / (7h_ Sonia R. Carvalho -" City Attorney AYES: Councilmembers Benavides, Sarmiento, Solorio, Tinaiero (4) NOES: Councilmembers Martinez, Pulido, Villegas (3) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-015 to be the original resolution adopted by the City Council of the City of Santa Ana on March 6 , 2018. Date: Clerk of the Council City of Santa Ana Resolution 2018-015 Page 3 of 4 55B-5 Exhibit A -City of Santa Ana Charter Section 400 (Deleted language is stricken and new language is in red) 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, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. 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 one (1) of such offices shall be assigned to each of the wards of the City. Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large. . Candidates for each efflGe Of GGURGilmember ether than the mayer shall be Reminated ftern s ward by the eleGters of suGh ward and s2ndidates for mayor shall hp nern;n;;tPd by eI r f the City, but I h I # d h the vete of the elnotorc .estr�,�,--rti���,, Aar att-ceuasilnaerx�ber-�!�al, p� .,.,...-...., ..._ ._.- -• ...- -.----.- f the City at loran Resolution 2018-015 Page 4 of 4 55B-6 RESOLUTION NO. 2018-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE OF A BALLOT TITLE FOR A CITY CHARTER AMENDMENT REGARDING WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY REGISTERED VOTERS OF THE ENTIRE CITY TO BE INCLUDED ON THE BALLOT FOR THE 2018 SPECIAL ELECTION TO BE HELD ON JUNE 5, 2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. By Resolution No. 2018-015, the City Council of the City of Santa Ana has called for a special election to be held on June 5, 2018 and submitted to the voters an amendment to sections of the Santa Ana City Charter. Section 2. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City Council of the City of Santa Ana desires, on its own motion, to submit to the voters of the City a question relating to whether City of Santa Ana Charter section 400 shall be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward, instead of City Councilmember elections by registered voters of the entire City, to be submitted to the voters at the Special Election to be held on Tuesday, June 5, 2018. Section 3. The amendment called for in Resolution No. 2018-015 shall be proposed as follows, with identification as determined in accordance with the California Elections Code: Measure II YES Shall City of Santa Ana Charter section 400 be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward, instead of City Councilmember elections NO by registered voters of the entire City? Section 4. 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. Exhibit 2 Resolution No, 2018-016 Page 1 of 2 55B-7 Section 5. The City Clerk is hereby directed to transmit a copy of the measure set forth in Section 3 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the Elections Code. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In addition, the Clerk of the Council is directed to fix a deadline for submission of arguments and rebuttals for or against the measure pursuant to Sections 9223 and 9285 of the Elections Code, the provisions of which are hereby adopted by the City Council. ADOPTED this 6t" day of March, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: IXC .", Sonia R. Carvalho, U City Attorney AYES: Councilmembers Benavides Sarmiento Solorio, Tinaiero (4) NOES: Councilmembers Martinez Pulido Villeaas (3) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018-016 to be the original resolution adopted by the City Council of the City of Santa Ana on March 6th , 2018. Date: 55B-8 Maria D. Huizar, Clerk of the Council Resolution No. 2018-016 Page 2 of 2 RESOLUTION NO. 2018-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR PROPOSED AMENDMENT TO THE SANTA ANA CHARTER REGARDING WHETHER CITY CHARTER SECTION 400 SHALL BE AMENDED REQUIRING CITY COUNCILMEMBER ELECTION FROM HIS OR HER RESIDENCY WARD AND ONLY BY REGISTERED VOTERS OF THAT WARD, INSTEAD OF CITY COUNCILMEMBER ELECTION BY REGISTERED VOTERS OF THE ENTIRE CITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A special election of the City of Santa Ana will be held on June 5, 2018, at which there will be submitted to the qualified electors of the City a Charter Amendment measure related to whether the City of Santa Ana Charter section 400 shall be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward instead of City Councilmember election by registered voters of the entire City. B. That pursuant to the requirements in Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. Section 2: The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the Clerk of the Council to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code section 9287, to file a written argument for or against the City measures set forth above, and to change said argument until and including the date fixed by the Clerk of the Council after which no arguments for or against said City measure may be submitted. Section 3: 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. Exhibit 3 Resolution 2018-017 Page 1 of 2 55B-9 ADOPTED this 6th day of March, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: 40J101GL h . Sonia R. Carvalho ` '� City Attorney AYES: Councilmembers Benavides Sarmiento,_Solorio Tinaiero (4) NOES: Councilmembers Martinez Pulido Villegas (3) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018-017 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55B-10 Maria D. Huizar, Clerk of the Council Resolution 2018-017 Page 2 of 2 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING RESOLUTION NOS, 2018-015, 2018-016 AND 2018-017 WHEREAS, On March 6, 2018 the City Council of the City of Santa Ana adopted Resolution Nos. 2018-015, 2018-016 and 2018-017 related to the calling of an election; and WHEREAS, the Clerk of the Council, in carrying out her ministerial duties, asked the Mayor to sign the Resolutions as provided for in the City Charter in order for her to submit fully executed copies of the Resolutions to the Orange County Registrar of Voters by the deadline established by the Elections Code; and WHEREAS, the Mayor refused to sign the Resolutions based on his personal objections, including objections to the process and questioning whether the action taken by the Council was legal; and WHEREAS, after the deadline to submit the Resolutions passed, the City Council directed outside legal counsel to seek legal relief in order to ensure that the election would be held as provided for in the Resolutions; and WHEREAS, outside legal counsel sought to compel the Mayor's signature and an order requiring the County Registrar to accept the Resolutions after they were signed; and WHEREAS, on April 6, Judge Glenn Salter, through a PeremptoryWrit of Mandate, ordered Mayor Miguel Pulido to sign the Resolutions by April 9, 2018, but did not compel the Registrar to accept the Resolutions; and WHEREAS, on April 9, 2018, outside legal counsel sought a writ to compel the acceptance of the Resolutions and such writ was denied, effectively depriving the City of the ability to hold the planned election at the June 5, 2018 Statewide Primary Election; and WHEREAS, now the Resolutions are rendered irrelevant and have no further legal force or effect, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: SECTION 1: Rescission of Resolution Nos. 2018-015, 2018-016 and 2018-017 and all Associated Approvals and Authorizations Thereunder. The City Council hereby rescinds the aforementioned Resolutions and upon adoption of this Resolution, the Exhibit Resolution No. 2018 -XXX Page 1 of 2 55B-11 Resolutions and all related approvals and authorizations shall have no further legal force or effect; provided, however, that the Council direction to analyze and make recommendations concerning ward re -boundaries shall remain in effect. SECTION 2. Effect. This Resolution shall take effect immediately upon its adoption by a majority of the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Santa Ana this day of April, 2018 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: ATTEST: Maria D. Huizar, Clerk of the Council APPROVED AS TO FORM: By:j Sonia R. Carvalho, City Attorney Resolution No. 2018 -XXX Page 2 of 2 Miguel A. Pulido Mayor 55B-12