HomeMy WebLinkAbout2007-057-S1 Nunc Pro Tunc
Exhibit A includes the entire language for charter
section 401 and reflects the proposed changes
RESOLUTION NO. 2007-057-S1 Nunc Pro Tunc
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 not 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.
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:
Resolution No. 2007-057-81 Nunc Pro Tunc
Page 1 of 6
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
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.
Resolution No. 2007-057-81 Nunc Pro Tunc
Page 2 of 6
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 5th day of November, 2007.
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2007-057-S1 to be the original resolution adopted by the City
Council of the City of Santa Ana on November 5. 2007.
Date:
0/~ hf
, (
Patricia E. Healy
Clerk of the Council
City of Santa Ana
Resolution No. 2007-057-81 Nunc Pro Tunc
Page 3 of 6
Page intentionally left blank.
Resolution No. 2007-057-81 Nunc Pro Tunc
Page 4 of6
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 two (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 second third consecutive full term.
Short or partial terms shall not be considered in determining eligibility for
appointment, nomination or election. For purposes of this Charter, short or partial terms
shall only be those where the councilmember was elected or appointed to replace
another councilmember who left office before the latter official's term expired. Any
councilmember who assumed office at the beginning of a term and left office early for
any reason whatsoever shall be deemed to have served a full term.
Resolution No. 2007-057-81 Nunc Pro Tunc
Page 5 of 6
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. 2007-057-81 Nunc Pro Tunc
Page 6 of6