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HomeMy WebLinkAbout55E - AMENDMENT TO RESO CALLING SPEC ELECTIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 5, 2007 TITLE: AMENDMENT TO RESOLUTION CALLING SPECIAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE VOTERS OF QUESTIONS ON CHANGES IN THE CITY CHARTER RELATED TO TERM LIMITS CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Amend Resolution No. 2007-057 ordering a Special Municipal Election for the submission to the voters of questions on changes in the City Charter by deleting the proposed changes to Charter Sections 400 and 404, adding a new Charter Section 401.05 related to adoption of a Code of Ethics and Conduct, and, amending the ballot question for Sections 401 and 401.05. 2. Direct the Clerk of the Council to prepare guidelines for preparation of arguments for/against the revised proposed charter amendment, 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 Clerk of the Council to amend the Notice of Election and republish in accordance with the provisions of the California State Elections Code. 4. Direct the City Attorney to prepare an impartial analysis for the revised proposed charter amendment 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 term limits for placement on a future ballot. The committee, comprised of Councilmembers Benavides, Sarmiento, and Tinajero, convened in June, 2007 and submitted recommendations to the City Council in August, 2007. 55E-1 The Ad Hoc Committee's recommendations were adopted by the City Council on August 6, 2007. At a subsequent meeting of the Ad Hoc Committee, members reconsidered their initial proposal and are now recommending, with Councilmember Benavides dissenting, that the Charter Amendment proposal related to term limits previously approved by the City Council be amended. The resolution ordering and calling the election should be amended to delete the proposed changes to Charter Sections 400 and 404, and include the new language needed to change Charter Section 401 and to add a new section 401.05 related to a Code of Ethics and Conduct. The proposal changes Councilmember term limits to three terms, and requires the Council to adopt a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees. The Ad Hoc Committee also recommends that the charter amendment provide that the Code of Ethics and Conduct be adopted within six months of the effective date of the Charter. The Ad Hoc Committee is not recommending changes to the charter amendment for Charter Section 901 relating to increasing the number of terms for Boards and Commissions. That proposal was approved by the City Council and is contingent upon the passage by the voters of the measure related to Council terms and the Code of Ethics and Conduct. The Ad Hoc Committee further recommends that all other provisions in Resolution No. 2007-057 including ordering, calling, and giving notice of a Special Municipal Election to be held in the City of Santa Ana on February 5, 2008, requesting the Board of Supervisors of Orange County to consolidate the Special Municipal Election with the Statewide Presidential Primary Election, and, establishing procedures for submission of ballot arguments regarding the Charter Amendment remain in full force and effect. FISCAL IMPACT The County Registrar of Voters office has previously provided a tentative estimate that the cost of consolidating a special election for a charter amendment 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: __ _ 1 Patricia E. Healy rancisco Gutierrez Clerk of the Council Executive Director Finance & Management Services Agency 55E-2 RESOLUTION NO. 2007-057-S1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2007-057 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. 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. There is scheduled to be a statewide presidential nominating election to be held on Tuesday, February 5, 2008. B. By adoption of Resolution No. 2007-057 on August 6, 2007, the City Council called a special election to be held on this date to submit two proposed amendments to the City Charter to the voters. C. California Elections Code section 9605 provides that the City Council, having placed an initiative on the ballot, may subsequently "withdraw or amend" the proposed initiative. D. The City Council, upon the recommendation of its ad hoc charter review committee, has determined to amend the first of the two ballot questions to be placed on the ballot on February 5, 2008. The ad hoc charter review committee has proposed any changes to the second ballot question, relating to the terms of members of city boards, commissions and committees, and which is contingent on adoption of the first question. Resolution No. 2007-057-S1 Page 1 of 6 55E-3 Section 2. Under provisions of the Charter of the City of Santa Ana and the California Elections Code, the proposed amendments to the City Charter to be submitted to the voters at the special election to be held in conjunction with the presidential nominating election to be held on February 5, 2008 shall be amended to provide as follows: A. A proposal to amend Section 401 of the Charter to read as set forth in Exhibit A, attached hereto and incorporated herein by this reference; B. A proposal to add a new Section 401.05 of the Charter to read as set forth in Exhibit B, attached hereto and incorporated herein by this reference; C. The proposal to amend Section 901 of the Charter, as set forth in Exhibit D to Resolution No. 2007-057 shall remain as previously adopted by the City Council. Section 3. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters. The first of the two special election amendments set forth in Resolution No. 2007-057 shall be amended to the language as follows, with identification as determined in accordance with the California Elections Code: Shall the Santa Ana Charter be amended to change Councilmember term limits to three terms; require the City Council to adopt a Code of Yes Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials; and to adopt such Code within six months of the effective date of this charter No section? Charter Sections 401 and 401.05. Section 4. 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. Section 5. 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 Resolution No. 2007-057-S1 Page 2 of 6 55E-4 the City Council to write arguments for or against any measure placed on the ballot by the City Council. Section 6. 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 7. Except as expressly amended by this Resolution, the terms and provisions of Resolution No. 2007-057 shall remain in full force and effect. Section 8. 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: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2007-057-S1 Page 3 of 6 55E-5 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. 2007-057-S1 Page 4 of 6 55E-6 Exhibit A 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-(2~} 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 d third consecutive full term. Resolution No. 2007-057-S1 Page 5 of 6 55E-7 Exhibit B Sec. 401.05. Code of Ethics and Conduct. The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials. The City Council shall adopt the Code of Ethics and Conduct by ordinance or resolution within six months of the effective date of this Charter section. Resolution No. 2007-057-S1 Page 6 of 6 55E-8