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HomeMy WebLinkAbout65A - SUBMISSION TO VOTERS CHARTER CHANGES OFFICE OF MAYORREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 1, 2012 TITLE SUBMISSION TO THE VOTERS AT THE NOVEMBER 6, 2012 MUNICIPAL ELECTION: QUESTIONS RELATING TO CHANGES IN THE CITY CHARTER REGARDING OFFICE OF MAYOR CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution giving notice of the City's general municipal election to be held in the City of Santa Ana on November 6, 2012 for the submission of questions to the voters relating to changes in the City Charter regarding the office of Mayor. 2. Adopt a resolution authorizing Councilmembers to file written arguments for or against the various proposed charter amendments. 3. Direct the Clerk of the Council to prepare guidelines for preparation of arguments for or against the proposed Charter amendments, fix the date for the submission of Direct Arguments and Rebuttal Arguments, and post the notice for the argument process in accordance with the provisions of the California State Elections Code. 4. Authorize the City Attorney to prepare an Impartial Analysis for the Charter amendment submitted to the voters as proposed. 5. Approve a resolution on ballot question groupings. DISCUSSION On July 16, 2012, an Ad Hoc Committee was formed to discuss the possibility of submitting a term limits proposal regarding the office of Mayor to the voters at the November 6, 2012 election. Councilmembers Martinez, Sarmiento and Benavides were asked to serve on the Ad Hoc Committee. 65A-1 The Ad Hoc Committee met on July 17, 2012 with only Councilmembers Martinez and Sarmiento, and Benavides excusing himself. The Committee reviewed the current language on Council member term limits and directed staff to prepare language that would limit the Mayor to serve either 1) four two-year terms or 2) two four-year terms effective with the commencing Mayor elected at the November 6, 2012 election and 3) alternatively to establish an appointed Mayor system selected from amongst seven councilmembers. The Ad Hoc Committee discussed the draft language proposals and approved the three proposed questions presented herein. The Ad Hoc Committee further recommended that the proposals be submitted to the voters at the General Municipal Election to be held on November 6, 2012. The California Elections Code requires the adoption of the attached resolutions in order to place a ballot measure question before the voters on the November 6, 2012 ballot. The Orange County Registrar of Voters Office requires that the resolutions be submitted by August 10, 2012. The attached resolutions would cause a ballot measure with one of the following questions to be submitted to the voters: OPTION 1 Shall the Charter of the City of Santa Ana be amended to establish Yes and impose upon the office of Mayor term limits of no more than four (4) two-year terms, commencing with the term beginning December 12, 2012? No OPTION 2 Shall the Charter of the City of Santa Ana be amended to establish Yes and impose upon the office of Mayor term limits of no more than two (2) four-year terms, commencing with the term beginning December 12, 2012? No OPTION 3 Shall the Charter of the City of Santa Ana be amended to rotate the Yes office of mayor among councilmembers by abolishing the office of a directly-elected mayor and replace with an additional councilmember elected at-large by the voters? No OR Shall the Charter be amended to abolish the position of a directly- elected mayor so that the Santa Ana City Council consists of seven (7) members, including a new at-large (or non-ward) councilmember, who shall annually appoint a councilmember from amongst the councilmembers to serve as mayor? 65A-2 The attached resolutions also 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 election ordinance. 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 as is attached hereto. Due to the short time frame for moving the ballot question forward, the City Attorney has included with this report an impartial analysis. FISCAL IMPACT The Orange County Registrar of Voters office has estimated that the additional cost of adding a ballot measure to the City's consolidated general municipal election would be $177,500 based on current voter registration in the City. Funds for these administrative costs will be available in the 2012-13 Fiscal Year budget in the Non-Departmental Account (Account No. 01105015-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Maria D. Huizar, Clerk of the Council Sonia R. Carvalho, City Attorney Attachments: 1. Resolution - Giving Notice of Election and options 2. Resolution - Authorizing written arguments 3. Impartial Analysis 4. Resolution - ballot question groupings Francisco Gutierrez Executive Director Finance & Management Services Agency 65A-3 65A-4 RESOLUTION NO. 2012-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 6, 2012 FOR THE SUBMISSION TO THE VOTERS OF QUESTIONS RELATING TO THE AMENDMENT OF THE CITY CHARTER IN REGARD TO THE TERM OF THE OFFICE OF MAYOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: SECTION 1: By Resolution No. 2012-023, the City Council has declared that a General Municipal Election shall be held on November 6, 2012 for the election of municipal officers. SECTION 2: Under 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, 2012, the following proposed amendments to the City Charter shall be submitted to the voters: Option 1: A proposal to amend Sections 404 of the Charter to read as set forth in Exhibit A, attached hereto and incorporated herein by this reference; Option 2: A proposal to amend Sections 400 and 404 of the Charter to read as set forth in Exhibit B, attached hereto and incorporated herein by this reference; Option 3: A proposal to amend Sections 400, 401, 401.1, 402, 404 and 405 of the Charter to read as set forth in Exhibit C, attached hereto and incorporated herein by this reference. 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 August, 2012. Miguel A. Pulido Mayor Exhibit 1 65A-5 APPROVED AS TO FORM: Bv: Sonia R. Carvalho, City Attorney 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. 2012-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Maria D. Huizar, Clerk of the Council 65A-6 OPTION 1 - EXHIBIT A Sec. 404. - Presiding officer, mayor. The mayor shall be a member of the City Council and shall preside over the meetings of the City Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with his office. The mayor shall be elected by the voters of the City at large at each general municipal election in November of even-numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the City Council in the same election. In the event an incumbent City Council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the City Council shall call a special election to fill the vacancy. To be eligible to be elected to the office of mayor a person must be a qualified voter as provided for in the Elections Code of the State of California If the mayor is convicted of a crime involving moral turpitude the office shall immediately become vacant and be so declared by the city council. is person who has served four (4) consecutive terms of two (2) years each shall be eligible for appointment, nomination for or election to the office of mavor or council member no sooner than for a term beginning eight (8) years after completion of the mayor's fourth consecutive full term. Short or partial terms shall not be considered in determining eligibility for a ointment nomination or election as mayor. For purposes of this charter short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired Any mayor who assumed office at the beginning of a term and left office early or before term expires for any reason whatsoever shall be deemed to have served a full term The provisions of this section related to short or partial terms is deemed to be declaratory of existing law. 65A-7 65A-8 OPTION 2 - EXHIBIT B 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, Gept f^r the rrmayer' 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, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the City. Candidates for each office of councilmember other than the mayor shall be nominated from such ward by the electors of such ward and candidates for mayor shall be nominated by electors of the City, but all councilmembers shall be elected by the vote of the electors of the City at large. Sec. 404. - Presiding officer, mayor. The mayor shall be a member of the City Council and shall preside over the meetings of the City Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with his office. The mayor shall be elected by the voters of the City at large at each general municipal election in November of even-numbered years for a four #we--year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the City Council in the same election. In the event an incumbent City Council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the City Council shall call a special election to fill the vacancy. To be eligible to be elected to the office of mayor a person must be a qualified voter as provided for in the Elections Code of the State of California If the mayor is 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) consecutive terms of four (4) years each shall be eligible for appointment, nomination for or election to the office of mayor or council member no sooner than for a term beginning eight (8) years after completion of that mayor's second consecutive full term. 65A-9 Short or partial terms shall not be considered in determining eligibility for appointment nomination or election as mayor. For purposes of this charter short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beginning of a term and left office early or before term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law. 65A-10 OPTION 3 - EXHIBIT C 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 , Gept for the r»ayor, 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. Six 6 of the seven 7 councilmembers shall be assigned to each of the wards of the City. The one (1) remaining councilmember shall be designated as an "at-large" councilmember and not assigned to any ward Candidates for each office of councilmember other than the mayer-at-large councilmember shall be nominated from such ward by the electors of such ward City, be RGMiRated by e!eGtGFr-, of the but all councilmembers shall be elected by the vote of the electors of the City at large. 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 ye at-large councilmember 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-mayef the at-large councilmember 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 Ayer at-large councilmember 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 peFSGR All councilmembers who halve served three (3) consecutive terms of four (4) years each, regardless of holding office as a ward or at-large councilmember, shall be eligible for appointment, nomination for or election to the office of councilmember no sooner than for a term beginning eight (8) years after completion of that councilmember's third consecutive full term. 65A-11 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. Sec. 401.1. - Order of filling offices. The offices of councilmember from wards one, three, and five shall be filled at the general municipal election held in 1988, and the offices of councilmember from wards two, four and six shall be filled at the general municipal election held in 1990. Thereafter, the offices of councilmember from wards one, three and five and from wards, two, four and six shall be filled alternately at the general municipal elections held in the years in which the terms of such offices respectively expire. The office of the at-large councilmember shall be filled at the general municipal election held in 2014, and thereafter be filled every four years thereafter along with the offices of councilmembers from wards two, four and six. The candidate elected from each ward at each such election shall be the candidate receiving the highest number of votes cast for any candidate from said ward. The candidate elected "at-large" shall be the candidate receiving the highest number of votes cast for any candidate designated as the "at-large" councilmember. Sec. 402. - Compensation of members. Each member of the City Council shall receive as compensation for his or her services as such a monthly salary in the sum of one hundred and twenty-five dollars ($125.00). The member elected appointed to fill the office of mayor shall receive the additional amount of seventy-five dollars ($75.00) for each month said member shall fill the office of mayor. Further, each member of the City Council shall receive reimbursement for required travel and other expenses while on official business of the City as authorized and approved by the City Council. Absence of a member of the City Council from all regular and special meetings of the City Council during any calendar month shall render him or her ineligible to receive the monthly salary for such a calendar month unless by permission of the City Council expressed in its official minutes. 65A-12 Sec. 404. - Presiding officer, mayor and mayor pro tempore. The mayor shall be a member of the City Council appointed by that legislative body tc) serve in the capacity of Mayor, with the duties herein provided The Mayor and shall preside over the meetings of the City Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with bis-the office. Annually, at the first regularly scheduled City Council meeting in December, the City Council shall select that member of the City Council who shall serve as Mayor for the upcoming year. Absent an express motion to the contrary, the current Mayor Pro Tempore is presumed to be nominated and fill the position of Mayor for the upcoming year. Irnmediately after the Mayor's selection the newly elected Mayor shall conduct a City Council vote to select a Mayor Pro_Tempore for the upcoming year. The selection of the Mayor and Mayor Pro Tempore shall be by a majority vote of those Councftembers present. The Mayor and Mayor Pro Tempore shall serve in their positions at the will and leasur_e of the City Council. At any regular or adjourned regular meeting of the City Council the Mayor or Mayor Pro Tempore or both may be removed from their position by a two-thirds (2/3) vote of the entire City Council. If removed the successor(s) shall be selected by a majority vote of those Councilmembers present Sec. 405. - Mayor pro tem ore. , The City Council shall elect a mayor pro tempore who shall act as mayor during the absence from the City or disability of the mayor, or during any vacancy in the office of mayor until otherwise filled in accordance with section 403. 65A-13 65A-14 RESOLUTION NO. 2012-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR CHANGES TO THE SANTA ANA CITY CHARTER 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 election of the City of Santa Ana will be held on November 6, 2012, at which there will be submitted to the qualified electors of the City a City measure related to a charter amendment regarding [term limits on the office or Mayor] OR [establishing an appointment of the Mayor from amongst seven council members]. 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. 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 August, 2012. Miguel A. Pulido Mayor Exhibit 2 65A-15 APPROVED AS TO FORM: Bv: Sonia R. Carvalho, City Attorney 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. 2012-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Maria D. Huizar, Clerk of the Council 65A-16 IMPARTIAL ANALYSIS Material to follow Exhibit 3 65A-17 65A-18 RESOLUTION NO. 2012-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 THE OFFICE OF MAYOR TO BE INCLUDED ON THE BALLOT FOR THE 2012 GENERAL MUNICIPAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: SECTION 1. By Resolution No. 2012-023, the City Council of the City of Santa Ana has called for a General Municipal Election to be held on November 6, 2012 and submitted to the voters an amendment to sections of the Santa Ana City Charter. SECTION 2. 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 the office of Mayor, to be submitted to the voters at the General Municipal Election to be held on Tuesday, November 6, 2012. SECTION 3, The amendments called for in Resolution No. shall be proposed as follows, with identification as determined in accordance with the California Elections Code: Shall the Charter of the City of Santa Ana be amended to establish Yes and impose upon the office of Mayor term limits of no more than four (4) two-year terms, commencing with the term beginning December 12, 2012? No Shall the Charter of the City of Santa Ana be amended to establish and impose upon the office of Mayor term limits of no more than two (2) four-year terms, commencing with the term beginning December 12, 2012? Yes No Shall the Charter of the City of Santa Ana be amended to rotate the Yes office of mayor among councilmembers by abolishing the office of a directly-elected mayor and replace with an additional councilmember elected at-large by the voters? No Exhibit 4 65A-19 OR Shall the Charter be amended to abolish the position of a directly- elected mayor so that the Santa Ana City Council consists of seven (7) members, including a new at-large (or non-ward) councilmember, who shall annually appoint a councilmember from amongst the councilmembers to serve as mayor? Section 4. 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 August, 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Sonia R. Carvalho, 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. 2012-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Maria D. Huizar, Clerk of the Council 65A-20