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HomeMy WebLinkAbout2018-056 - Ward Boundaries to be Drawn in Accordance with LawRESOLUTION NO. 2018-056 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 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, 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, Resolution No. 2018-056 Page 1 of 4 2018, the following proposed amendments to the City Charter shall be submitted to the voters: MEASURE :. REQUIRE BY -WARD NOMINATION AND YES ELECTION OF COUNCILMEMBERS, AND REDRAWING OF WARD BOUNDARIES TO COMPLY WITH STATE AND FEDERAL LAW Shall City of Santa Ana Charter sections 101.2 and 400 be amended NO 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, 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 17th day of July, 2018. Resolution No. 2018-056 Page 2 of 4 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. doicxsio-- N. Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Benavides, Pulido, Sarmiento, Solorio, Tinaiero, Villegas (6) None (0) None (0) NOT PRESENT: Councilmembers Martinez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018 -056 to be the original resolution adopted by the City Council of the City of Santa Ana on July 17, 2018. Date:-2/2,1"vle Resolution No. 2018-056 Page 3 of 4 44 - Maria D. Huizar Clerk of the Council City of Santa Ana 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 adopted by attirmadve vote of at least two-thiros ( 213 ) of the lull membership 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 terns 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 counciimember 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. 6agdidates eIeGtGF6 Of the City, but all GouReilmembeFs shall be eleGted by the vote of !he eleGtor of the Gityat!arge: Resolution No. 2018-056 Page 4 of 4