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HomeMy WebLinkAbout2020-041 - Council Residency PolicyRESOLUTION NO.2020-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, ESTABLISHING A POLICY ENTITLED "COUNCIL RESIDENCY POLICY" TO ESTABLISH CRITERIA REGARDING DOCUMENTATION NECESSARY TO DEMONSTRATE COMPLIANCE WITH CHARTER SECTION 401 WHEREAS, Section 401 of the Santa Ana City Charter requires persons running for City Council to be a thirty (30) day resident of the ward from which the candidate is nominated and requires persons running for mayor to be a thirty (30) day resident at the time nomination papers are issued; and WHEREAS, in recent election cycles, there has been controversy regarding the residency of Council candidates; and WHEREAS, there is a need to establish criteria regarding documentation necessary to demonstrate compliance with the City's residency requirements for candidates of elected office to assist candidates running for elected office in the City and to increase transparency in the nomination process for local elected office; and WHEREAS, Santa Ana City Charter Section 401 also requires elected officials to live in their respective ward for their entire term; and WHEREAS, there is a need to establish a Council Residency Policy establishing criteria for documentation necessary to demonstrate compliance with the City's residency requirements for candidates for elected office to be verified by the Clerk of the Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council adopts the attached Council Residency Policy (Exhibit "A") to establish criteria regarding documentation necessary to demonstrate compliance with the City's residency requirement in Santa Ana City Charter Section 401, SECTION 2. 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. Resolution No. 2020-041 Page 1 of 13 ADOPTED this 19th day of May, 2020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: L-L\� ! ' . 1- Laura A. Rossini Acting Chief Assistant City Attorney AYES: Councilmembers Bacerra Penaloza Sarmiento, Solorio, Villeclas (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Iglesias Pulido (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council do hereby attest to and certify the attached Resolution No. 2020-041 to be the original resolution adopted by the City Council of the City of Santa Ana on May 19, 2020. Date: Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2020-041 Page 2 of 13 u.,rr' ', 4•14. . City Council Approval • ►: • City of Santa Ana ac,;tz�P Policies and Procedures Section: Clerk of the Council COUNCIL RESIDENCY POLICY Date Approved: Number: May 19, 2020 SECTION 1 DEFINITIONS By-Ward Elections On the November 6, 2018 General Municipal Election, voters approved a Charter amendment to transition from at-large City Councilmember elections to by-Ward elections. Wards 1, 3, and 5 will be subject to election on November 3, 2020, serving a four-year term. Wards 2, 4, and 6 will be subject to election on November 8, 2022, serving a four-year term. The Mayor shall be elected from the City at-large, serving a two-year term. The City is divided into Wards and one member is elected per Ward. Only the voters in a specific City Council Ward may vote for City Council candidates for that Ward. City "City" means the City of Santa Ana, a municipal corporation. Santa Ana City Charter Section 401 This Charter Section provides in pertinent part that 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. The Mayor need only be a registered voter and a 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 Resolution No. 2020-041 Page 3 of 13 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. SECTION 2 PURPOSE OF POLICY The following policy is enacted to establish what types of supporting documentation can be provided by City Council and Mayoral candidates and sitting City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within the City they will or do represent. Objectives of Policy: 1. To establish what types of documentation are sufficient to establish residency pursuant to Charter section 401. 2. To establish what types of documentation are sufficient to verify continued residency in the Ward or in the City for current elected officials. 3. To protect the interests of all Santa Ana citizens and maintain proper representation by developing policies that will help ensure that the Councilmembers truly reside in the Ward they represent and the Mayor truly resides in the City of Santa Ana. 4. To adopt enabling legislation via a municipal resolution to establish necessary policies. Accomplishing the above stated objectives will help ensure that both the letter and spirit of Charter Section 401 will be implemented as Santa Ana voters intended. SECTION 3 RESIDENCY REQUIREMENTS FOR MAYOR AND COUNCIL CANDIDATES In addition to providing the County of Orange Registrar of Voters proof of voter registration at a residential address in the respective Ward when that residence is claimed by a candidate running for a City Council seat or within the City for the Mayoral seat, candidates must provide no less than two of the following additional documentation to the Clerk of the Council to verify that candidates meet the 30-day residency requirement. This additional documentation must be current and valid in the candidate's name and residence address for a date not less than 30 days from the date the nomination paper is issued: 1. PROOF OF HOME OWNERSHIP/ RENTAL PROPERTY. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage Resolution No. 2020-041 Page 4 of 13 payment billing statement verifying the address or any other document that can verify home ownership and residency of the property; or 2) evidence of a homeowner's property tax exemption filed with the County of Orange Assessor for proof that the home is the primary residence; or If candidates do not have a tax exemption on file, they must submit an affidavit signed by the candidate under penalty of perjury verifying that the home is the candidate's primary residence; or If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit a signed and notarized affidavit, under penalty of perjury, by the homeowner or authorized legal representative of the entity verifying that candidate is living in the home as their primary residence; or If the residence is rented or leased by the candidate, the candidate will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the candidate resided at the specified address at least 30 days prior to issuing the nomination paper; or If a candidate is living at a residence without a lease or rental agreement and whose name otherwise does not appear in the proof of home ownership, the candidate may have the landlord or property owner sign a notarized affidavit verifying, under penalty of perjury, the candidate's residency in the landlord or owner's property. 2. PROOF OF CALIFORNIA MOTOR VEHICLE REGISTRATION WITH INSURANCE. Proof of California motor vehicle registration and current vehicle insurance, if any motor vehicles are registered to the candidate for the residency claimed, or proof of a valid and unexpired California driver's license or identification card showing their name and address is consistent with the address shown on the nomination paper. If the residence address on either the driver's license or auto registration is in the process of being changed to a residence address in the respective Ward that residence is claimed for running for a City Council seat or at an address within the City for a Mayoral seat, the candidate must provide a document from the California Department of Motor Vehicles (Form DMV 14) verifying the change was in process no less than 30 days before Resolution No. 2020-041 Page 5 of 13 the issuing of the nomination paper. If a candidate does not own an automobile or does not have a California driver's license or identification card, the candidate may submit any other State of California issued identification showing the residence address on the identifying document is consistent with the residence address shown on the nomination paper issued. 3. UTILITY BILL. An electric, gas, water, sewer, refuse, internet, cable TV, or landline phone bill in the candidate's name showing that the service address is consistent with the residence address in the candidate's nomination paper. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate's name at the residence address in the candidate's nomination paper that is no less than 30 days from the date of issuance of the nomination paper will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the candidate must submit a notarized affidavit signed by the landlord or the other legal entity's authorized legal representative verifying, under penalty of perjury, that the landlord or other legal entity is responsible for paying the utility bill. 4. OTHER DOCUMENTS WITH CURRENT ADDRESS DATED NOT OLDER THAN 90 DAYS AND NOT LESS THAN 30 DAYS: a. School records or any official document issued by an accredited educational institution with current address sealed by the school. b. Current paycheck stub or personnel record issued by the candidate's employer showing the candidate's current residence address. c. Current homeowner or renter's insurance policy. d. Any original document issued by a governmental entity, office, or governmental authority from the U.S., California, County of Orange, City of Santa Ana , school district, agency, department, or any other political subdivision of the U.S. or State of California that is typed and contains the agency name, department name, state/county/city official seal, or is on official letterhead. Resolution No. 2020-041 Page 6 of 13 e. Current documents issued by any California court or federal court that lists the name of the candidate and the residence address. f. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card. Additionally, the candidate must sign an affidavit, in a form approved by the Clerk of the Council and City Attorney verifying, under penalty of perjury, residency. If the candidate fails to provide any two of the above -required documents (items 1-4) and the required affidavit, the candidate will not be issued the nomination paper for failure to meet the Charter Section 401 Ward residency requirement. SECTION 4 PROVIDING PROOF OF RESIDENCY FOR COUNCIL CANDIDATES Candidates are required to file all of the documents specified in Section 3 above with the Santa Ana Clerk of the Council's Office for verification at the time nomination papers are issued. The Clerk of the Council will review and verify that all required information is correct and meets the requirements of this Policy. No later than five (5) calendar days from receipt of the candidate's documents, the Clerk of the Council's Office shall complete the review and verification of the documents. The Clerk of the Council will then do one of the following: A. If all City residency requirements are satisfied pursuant to this Policy, the Clerk of the Council's Office will provide a correspondence by email or certified mail to the candidate confirming that the candidate has met the City's residency requirements; or B. If any deficiencies are discovered in the documents provided or certain documents are missing, the Clerk of the Council's Office will provide a correspondence by email or certified mail to the candidate identifying the specific deficiency(ies) or missing document(s). The candidate will have until the closing date of the nomination period to correct the deficiencies and re -submit the required documents for verification to the Clerk of the Council; or C. If the candidate either fails to complete verification of all of the requirements of this Policy within the prescribed time limits, or the resubmitted documents do not meet the requirements of the Policy, the Clerk of the Council's Office will provide Resolution No. 2020-041 Page 7 of 13 a correspondence by email or certified mail to the candidate advising them of the failure to meet the requirements of the Policy; or D. If the documents resubmitted by the candidate meet all requirements of this Policy, the Clerk of the Council's Office will provide a correspondence by email or certified mail to the candidate confirming that the Policy's residency requirements have been met. SECTION 5 PROVIDING PROOF OF RESIDENCY FOR COUNCILMEMBERS AND MAYOR Councilmembers are required to live in the Ward they represent and the Mayor is required to live in the City of Santa Ana during their entire term in office. To ensure that the Councilmembers and Mayor continue to live in the area they represent, each elected official must submit one of the following documents to the Clerk of the Council during the last 31 calendar days of the year (December 1st to 31st), with the exception of the first year in office: 1. Proof of homeownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or 2) evidence of a homeowner's property tax exemption filed with the County of Orange Assessor for proof that the home is their primary residence. If the elected official does not have a tax exemption on file they must submit an affidavit signed by the elected official verifying that the home is their primary residence; or If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that the elected official is living in the home as their primary residence; or If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit Resolution No. 2020-041 Page 8 of 13 verifying, under penalty of perjury, the elected official's residency in landlord or owner's property. 2. Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the ward they represent or within the City for the Mayor. If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration. 3. A current utility bill in the elected member's name showing that the service address is within the respective Ward for the Councilmember or within the City for the Mayor in the elected official's name. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's authorized legal representative, verifying that the landlord or other legal entity is responsible for paying the utility bill. 4. Other documents showing current residence address in the respective Ward for the Councilmember or City for the Mayor: a. School records or any official document issued by an accredited educational institution, sealed by the school. b. Current paycheck stub or personnel record issued by the elected official's employer. c. Current homeowner or renter insurance policy. d. Any original document issued by a governmental entity, office, or governmental authority from the U.S., California, County of Orange, City of Santa Ana, school district, agency, department, or any other political Resolution No. 2020-041 Page 9of13 subdivision of the U.S. or State of California that is typed and contains the agency name, department name, state/county/city official seal, or is on official letterhead. e. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address. f. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card. Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency. In the event that a Councilmember moved to a new residence within the Ward, or City for the Mayor, after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items 1 through 4 under Section 3 and an affidavit to the Clerk of the Council. Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The Clerk of the Council shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate the residence address in the respective Ward that residence is claimed for serving in a City Council seat or at a residence address within the City for a Mayoral seat. Failure to provide any of the above -required documents on or before December 31st of each year shall be referred to the City Council for further action. SECTION 6 INVESTIGATION AND ENFORCEMENT Any fraudulent residency complaints shall be submitted to the City Attorney for review and potential investigation. The City Attorney may refer such complaints to the County of Orange District Attorney. The District Attorney shall have the discretion to investigate Resolution No. 2020-041 Page 10 of 13 residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney can elect to prosecute. SECTION 7 TRANSPARENCY The Clerk of the Council shall post the names and corresponding Council Ward, as appropriate, consistent with applicable confidentiality laws, of all candidates that have met the residency requirements of this Policy on the City's website and have a hard copy of the list available to be picked up at the Clerk of the Council's Office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection in accordance with the Public Records Act. After the election, the list of qualified candidates shall be removed from the City website and hard copies will no longer be'available for pickup at the Clerk of the Council's Office. A copy of this Policy shall be available, year-round on the City's website and a hard copy shall be available by request at the Clerk of the Council's Office during normal business hours. This will enable prospective candidates to review the residency requirements pursuant to this Policy. SECTION 8 REVIEW The Council shall request, at a regularly scheduled meeting, to review the implementation and practice of this Policy and, if necessary, amend the Policy to reflect required changes. SECTION 9 EFFECTIVE DATE This Policy shall take effect upon final passage. This Policy, along with any subsequent amendments, shall be the Council Residency Policy of the City of Santa Ana. Council Residency Policy Adopted May 19, 2020 by Resolution No. 2020-041 Resolution No. 2020-041 Page 11 of 13 AFFIDAVIT OF RESIDENCE Name Street Address City, State Zip Date To Whom This May Concern, I, formally acknowledge living at the street address of City of , State of since 20 I have attached the following documents for your consideration showing no less than 30 days of residency address from date of signing this affidavit: ❑ Proof of Home Ownership/Rental Property ❑ Proof of Motor Vehicle Registration ❑ Utility Bill — electric, water, sewer, refuse, internet, cable TV or landline phone services ❑ Other: Furthermore, I swear and affirm under penalty of perjury that the facts set forth in this statement are true and accurate. Executed this _ day of , 20_, in . California. Declarant's signature Declarant's name (printed) Resolution No. 2020-041 Page 12 of 13 Notary Acknowledgment A Notary Public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of On , before me, , Notary Public, personally appeared who proved to me on the basic of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of in the State of that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature _ Print Name Resolution No. 2020-041 Page 13 of 13