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HomeMy WebLinkAbout55B - RESO BY-WARD ELECTION PROPOSALREQUEST FOR COUNCIL ACTION [oil rLI•111 01 Is] 14 dii=1 =11li1,[tlIn-ii 4 JULY 17, 2018 TITLE: SUBMISSION OF A PROPOSED CHARTER AMENDMENT TO CHARTER SECTIONS 101.2 AND 400 REGARDING BY WARD ELECTIONS FOR VOTER CONSIDERATION; REQUEST CONSOLIDATION WITH THE COUNTY AND GIVING NOTICE OF SAID ELECTION TO BE HELD ON NOVEMBER 6, 2018 (STRATEGIC PLAN NO. 5, 1) CITY AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution giving notice and requesting the Board of Supervisors of the County of Orange to consolidate the 2018 Statewide General Election on November 6, 2018 with the City of Santa Ana General Municipal Election for proposed City Charter Amendment to Charter sections 101.2 and 400 regarding By -Ward Based Elections and Ward Boundaries. 2. Adopt a resolution to approve title of Charter Amendment and proposed language for consideration by voters, 3. Adopt resolution authorize the filing of Arguments and Rebuttals. 4. Submittal of Impartial Analysis for voter consideration. 5. Direct Clerk of the Council to publish legal notices as required by law. DISCUSSION In order to conduct an election, State law and the City Charter require the City Council to adopt a resolution calling for said election. Furthermore, pursuant to Section 1Q403 of the California Elections Code, the City Council is required to formally request consolidation of the City's General Municipal Election with the Statewide Election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general elections for the purpose of a proposed City Charter Amendment regarding Ward Based Elections to be held on November 6, 2018 and authorizes the Board of Supervisors to canvass the election returns. 5513-1 Proposed Charter Amendment regarding By -Ward Election July 17, 2018 Page 2 The City Council directed staff to bring forth a Charter Amendment regarding ward -based elections. Said matter has been discussed recently by the City Council on February 20, 2018, and March 6, 2018. In summary, the City of Santa Ana currently utilizes an at -large election system, which allows electors from the entire City to elect each of the six (6) Councilmembers and the Mayor; the councilmembers must be nominated by electors in their respective ward. The proposed Charter Amendment to section 400 proposes a Ward -Based Election System in which councilmembers are both nominated and elected by electors in their respective Ward. In addition, a minor revision to section 101.2 is proposed to ensure that ward boundaries are drawn and redrawn to comply with state and federal law, as well as to equalize population. The California Elections Code requires the adoption of the attached resolutions in order to place a ballot measure before the voters at a General Municipal Election and must be submitted to the Registrar of Voters at least 88 days in advance of the election (refer to Exhibit 1). In addition to calling for the election, a resolution may be approved to permit the filing of written arguments in favor of or against such measure by members of the City Council, any individual voter eligible to vote on the measure, a bona fide association of such citizens or any combination thereof, and establishes deadlines for submission of such arguments to the Clerk of the Council. The Elections Code specifies that members of the Council would be given preference and priority, if authorized by the City Council. The subject resolution would give that authorization to any member of the Council desiring to submit an argument. The procedures for filing ballot arguments are detailed in the Elections Code. The Election Code 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 final adoption of the resolution calling for the election. Also, whenever a 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 §9280). The analysis is printed in the Voter Information Pamphlet preceding the arguments for and against the measure. The City Attorney had previously prepared the Impartial Analysis and it will be submitted for inclusion in the ballot. 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). 55B-2 Proposed Charter Amendment regarding By -Ward Election July 17, 2018 Page 3 FISCAL IMPACT The cost to add Charter Amendment to the consolidated General Municipal Election with the Orange County Registrar of Voters Office is estimated to be $8,500. Funds for these administrative costs are available in the Clerk of the Council, Contractual Services account no. 01107031 62300, FY 2018-2019. Maria D. Huizar Clerk of the Council APPROVED AS TO FUNDS AND ACCOUNTS: C�S1 eco . ti r A7\ I,a tea, Francisco Gutierrez im Executive Director Finance and Management Services Agency Exhibits: 1. Resolution Calling Election & Consolidating 2. Resolution with proposed Charter Amendment language 3. Resolution authorizing the filing of Arguments and Rebuttals 55B-3 55B-4 RESOLUTION NO.2018-XXXX A RESOLUTION OF THE CITY COUNCIL 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 6, 2018 FOR SUBMISSION TO THE VOTERS OF THE QUESTION OF WHETHER CITY CHARTER SECTIONS 101.2 AND 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 TO REQUIRE WARD BOUNDARIES TO COMPLY WITH STATE AND FEDERAL LAW, AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY CONSOLIDATE THE CITY'S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL 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. A general municipal election of the City of Santa Ana will be held on November 6, 2018. B. The City Council adopted Resolution No. 2018 -XXX submitting to the voters the question relating to a proposed amendment to the City Charter regarding changing from at -large election of City Councilmembers to a by -ward election of City Councilmembers and providing for ward boundaries to be drawn in accordance with state and federal law. C. There will be a statewide general election held on November 6, 2018. D. It is desirable that the general municipal election of the City of Santa Ana on November 6, 2018 be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts and polling places 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. E. 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. Resolution 2018 -XXX Exhibit 1 Page 1 of 3 55B-5 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 November 6, 2018 general municipal election of the City of Santa Ana for the purpose of the proposed Charter amendment of sections 101.2 and 400 with the statewide general 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 general municipal election pursuant to Section 10411 of the Elections Code of the State of California. 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 day of July, 2018. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attomey Miguel A. Pulido Mayor 55B-6 Resolution 2018 -XXX Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2018-_ to be the original City of Santa Ana on July _, 2018. Date: Resolution 2018 -XXX Page 3 of 3 do hereby attest to and certify the attached resolution adopted by the City Council of the 55B-7 Cleric of the Council City of Santa Ana 55B-8 RESOLUTION NO. 2018 -XXX 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, AND TO REQUIRE WARD BOUNDARIES TO BE DRAWN IN ACCORDANCE WITH LAW, TO BE INCLUDED ON THE BALLOT FOR THE 2018 GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. Changing from at -large City Councilmember elections to ward -based City Councilmember elections requires a Charter amendment approved by the voters. Section 2. Ward boundaries should be drawn and adjusted in accordance with the requirements of state and federal law. Section 3. The City Council has considered the issue of changing from at -large City Councilmember elections to by -district 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, and requiring ward. boundaries to be drawn and adjusted according to the requirements of state and federal law. Section 4. There is a General Municipal Election scheduled for November 6, 2018. Section 5. The Califomia 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 Councllmember 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, Section 6. Under the provisions of the Charter of the City of Santa Ana and the California Elections Code, at the General Municipal Election to be held on November 6, 2018, the following proposed amendments to the City Charter shall be submitted to the voters: Exhibit 2 Resolution No. 2018 -XXX Page 1 of 3 55B-9 Measure _ ... YES Shall City of Santa Ana Charter sections 101.2 and 400 be amended requiring City Councilmember election from his or her residency ward and only by registered voters of that ward, instead of CityNO Councilmember elections by registered voters of the entire City, with ward boundaries to be drawn as required by law? Section 7. The text of the Charter amendment to Charter sections 101.2 and 400 to be submitted to the voters is attached as Exhibit A and incorporated by reference. Section 8. The vote requirement for the measure to pass is a majority (50% + 1) of the votes cast. Section 9. The City Clerk is hereby directed to transmit a copy of the measure set forth in Section 2 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. Section 10. 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 July, 2018. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 6y: sj� Laura A. Rossini Senior Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2018 -XXX 55B-10 Page 2 of 3 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 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 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July _, 2018. Date: Resolution No. 2018 -XXX Page 3 of 3 55B-11 Maria D. Huizar, Clerk of the Council Exhibit A -City of Santa Ana Charter Sections 101.2 and 400 (Deleted language is stricken and new language is in red) Sec. 101.2 Ward boundaries shall not be altered except as reasonably necessary to comply with the requirements of state and federal law and to promote greater equality of population among the wards when such necessity is shown by the most recent federal decennial census, or by more current census data certified by the City Council as sufficiently reliable and detailed to serve as a basis for ward boundary alteration, or by annexation or consolidation of territory. Such boundary alteration shall be made only by ordinance aoopteo uy arnrmative vote or at least two-thirds ( 216 ) of the Lull memoership of the City Council in accordance with section 101.4. Any such ordinance adopted within one hundred twenty (120) days immediately preceding any election of council members shall not become effective until the day following such election. 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 55394.00002\30632997.1 55B-12 RESOLUTION NO. 2018 -XXX 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 SECTIONS 101.2 AND 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, WITH WARDS TO BE DRAWN IN ACCORDANCE WITH STATE AND FEDERAL LAW 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 general municipal election of the City of Santa Ana will be held on November 6, 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, and whether Charter section 101.2 should be amended to have ward boundaries comply with both state and federal law as well as to equalize population. B. That pursuant to the requirements at 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. Exhibit 3 Resolution 2018 -XXX Page 1 of 2 55B-13 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. ADOPTED this day of July, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:a�, A ���u Laura A. Rossini Senior Assistant City Attorney AYES NOES Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 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 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July_, 2018. Date: Maria D. Huizar, Clerk of the Council Resolution 2018 -XXX 55B-14 Page 2 of 2