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Home My WebLink About55D - RESO - CHARTER AMEND COUNCIL COMPREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 5, 2016 TITLE: SUBMISSION TO THE VOTERS AT THE NOVEMBER 8, 2016 MUNICIPAL ELECTION: PROPOSED COUNCIL COMPENSATION CHARTER REFORM a RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended El As Amended Ordinance on 1®t Reading ® Ordinance on god Reading Implementing Resolution C_l Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution giving notice for the submission of a ballot question giving notice to the voters relating to changes in the City Charter regarding Council Compensation Charter Reform (Charter Section 402. Compensation of members.). 2. Adopt a resolution on ballot questions. 3. Adopt a resolution authorizing submittal of written arguments for or against the various proposed City Charter and Municipal Code amendments. 4. Approve guidelines for preparation of arguments for or against the proposed City Charter and Municipal Code 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. 5. Authorize the City Attorney to prepare an impartial analysis for each of the proposed City Charter amendments to be submitted for consideration by the voters. 6. Direct staff to process all other documents required to proceed with the proposed City Charter amendments. DISCUSSION The California Elections Code requires the adoption of the attached resolutions in order to place ballot measure questions before the voters on the November 8, 2016 ballot. The attached resolutions will allow voters to consider the ballot question as included in the resolution. 5513-1 Submission to the Voters at the November 8, 2016 Municipal Election July 5, 2016 Page 2 The attached resolutions would also permit the filing of written arguments in favor of or against such measure by members of the City Council, any individual voter who is 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 City Council would be given preference and priority, if so authorized by the City Council. The subject resolution would give that authorization to any member of the City Council who would desire 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. When 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 that shows the effect of the measure on the existing law and the operation of the measure (Elections Code § 9280). The analysis would be printed in the voter information pamphlet, preceding the arguments for and against the measure. Council Compensation The Santa Ana City Charter provision governing compensation for the Mayor and City Council was adopted in 1954 and set compensation at $125 per month for Councilmembers and $200 per month for the Mayor. The California Government Code establishes a salary formula for general law cities based on population. The proposed Charter reform measure would limit the City Council compensation to the amount provided for in the Government Code formula and would not permit any increase without a future approval of the voters. If passed, this measure would modernize compensation and provide for strict voter control. FISCAL IMPACT The cost to consolidate the General Municipal Election is estimated to be $40,000. Funds for these administrative costs are available in the Fiscal Year 2016 -17 General Non - Departmental, Contractual Services account (no. 01105015- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 5501-2 ATTACHMENT RESOLUTION GIVING NOTICE OF THE CITY'S GENERAL MUNICIPAL ELECTION AND COUNCIL COMPENSATION REFORM 55D -3 RESOLUTION - XXXX 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 8, 2016 FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE AMENDMENT OF THE CITY CHARTER IN REGARD TO COUNCIL COMPENSATION REFORM NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: By Resolution No. 2016 -_, the City Council has declared that a General Municipal Election shall be held on November 8, 2016 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 8, 2016, the following proposed amendments to the City Charter shall be submitted to the voters: Measure _: Council Compensation Charter Reform YES Shall the Santa Ana Charter be amended to comply with the Council compensation formula provided for by California Government Code Section 36516 to ensure that Council compensation is set and strictly limited by such NO Government Code and to further provide that no increase in Council compensation shall be permitted without a vote of the electorate of the City of Santa Ana pursuant to a future Charter Amendment? APPROVED AS TO FORM: Miguel A. Pulido Mayor 55D -4 By: ' � V 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 Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 55D -5 55D -6 ATTACHMENT Sec. 402. — COMPENSATION OF MEMBERS. 55D -7 Sec. 402. — Compensation of Members. Each member of the City Council and the Mayor shall receive as a monthly salary for his or her services, the maximum amount allowed by the population formula set forth in California Government Code Section 36516 as of November 8, 2016. No increase in the monthly salary shall occur without first being approved by the voters pursuant to a Charter amendment. Further, each member of the City Council and Mayor shall receive reimbursement for required travel and other expenses while on official business of the City as authorized and approved by Resolution of the City Council. In accordance with Section 36516 any amounts paid by City for retirement, health and welfare benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the City for its executive employees. Any amounts paid by the City to reimburse for actual and necessary expenses pursuant to a Council Resolution shall not be included for purposes of determining salary. Any member of the Council may waive any or all of the compensation permitted by this section. Absence of the Mayor or 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 such absence was approved by the City Council as expressed in its official minutes. 55D -8 ATTACHMENT RESOLUTION AUTHORIZING SUBMITTAL OF WRITTEN ARGUMENTS FOR PROPOSED AMENDMENTS 55D -9 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR PROPOSED AMENDMENTS TO THE SANTA ANA 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 8, 2016, at which there will be submitted to the qualified electors of the City a Charter Amendment measure related to Council Compensation Reform. 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 July, 2016. APPROVED AS TO FORM: 55D -10 Miguel A. Pulido Mayor By: -Jzo- Sonia R. , a0 rvalh, , 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. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55D -11 Maria D. Huizar, Clerk of the Council 55D -12 ATTACHMENT 4 RESOLUTION CONTAINING BALLOT QUESTION 55D -13 RESOLUTION NO. 2016 -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 COUNCIL COMPENSATION REFORM TO BE INCLUDED ON THE BALLOT FOR THE 2016 GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. By Resolution NS -, the City Council of the City of Santa Ana has called for a its General Municipal election to be held on November 8, 2016 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 Council Compensation Reform, to be submitted to the voters at the General Municipal Election to be held on Tuesday, November 8, 2016. 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: Measure _: Council Compensation Charter Reform YES Shall the Santa Ana Charter be amended to comply with the Council compensation formula provided for by California Government Code Section 36516 to ensure that Council compensation is set and strictly limited by such NO Government Code and to further provide that no increase in Council compensation shall be permitted without a vote of the electorate of the City of Santa Ana pursuant to a future Charter Amendment? 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. Section 5. . The City Clerk is hereby directed to transmit a copy of the measure set forth in Section 3 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 55D -14 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 City Clerk 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. ADOPTED this day of July, 2016. Miguel A. Pulido Mayor APPRO/14ED AS TO FORM: I i� By: l S n R. Ca ho, 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. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55D -15 Maria D. Huizar, Clerk of the Council 55D -16