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HomeMy WebLinkAboutReso 1995-18128 _ RESOLUTION NO. 18128 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL AND SPECIAL MUNICIPAL ELECTION AND REQUESTING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF CITY COUNCIL AND SUBMITTING CERTAIN CHARTER AMENDMENTS TO THE PEOPLE WHEREAS, under the provisions of the Chula Vista Charter, a General Municipal Election shall be held on March 26, 1996 for the purpose of electing councilmembers to Seats Nos. 3 and 4 for the City Council for four year terms commencing in December, 1996; a Special Municipal Election shall be held on March 26, 1996 for the purpose of electing councilmembers to Seats Nos. 3 and 4 for the City Council for the length of the terms remaining following the election to December, 1996; and for the purpose, at such elections, of submitting certain charter amendments to the People; and WHEREAS, it is desirable that the General Municipal Election and Special Municipal Elections be consolidated with the Statewide General Election to be held on the same date and conducted in all respects as if there were only one election within the City with the same precincts, polling places, and election officers, and that the San Diego County Registrar of Voters canvass the returns of the General Municipal Election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Call of General and Special Elections for Seat Nos. 3 and 4; Charter Amendments. That pursuant to the requirements of the Chula Vista Charter, there is hereby called and ordered to be held in the City of Chula Vista on Tuesday, March 26, 1996, (1) Seat Nos. 3 and 4, Long Term (two ballot items) a General Municipal Election for the purpose of electing councilmembers to Seat Nos. 3 and 4 on the City Council for the four year terms commencing December, 1996; (2) Seat Nos. 3 and 4, Short Term (two ballot items) a Special Municipal Election for the purpose of electing councilmembers to Seat Nos. 3 and 4 on the City Council for the unexpired remainder of the terms of office assigned to such seats following said Special Municipal Election to December, 1996; and · 1 T m ~ r Resolution 18126 Page 2 (3) Charter Amendment Measure (one ballot item) to submit to the voters certain amendments to the Charter of the City of Chula Vista as herein proposed. SECTION 2. Request to Consolidate. That pursuant to Section 23302 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of said General Municipal Election and said Special Municipal Election with the Statewide General Election on Tuesday, March 26, 1996, for the election of two Members of the City Council and submission of proposed Charter Amendments. City Council further requests that, in presentation of the ballot labels for each of two seats for each of the two terms, that the following note of clarification appear on the ballot: "The voter is entitled to specify their choice for office for both Seat Nos. 3 and 4 for the remainder of the current term (expiring December, 1996); and for both Seat Nos. 3 and 4 for the full four year term (expiring December, 2000). The same person may, but is not required to, be elected to both the remainder term and full term for a single seat." Seat No. 3 (term expiring December, 1996) Vote for One Seat No. 3 (term from December, 1996 to December, 2000) Vote for One Seat No. 4 (term expiring December, 1996) Vote for One Seat No. 4 (term from December, 1996 to December, 2000) Vote for One SECTION 3. Call for Charter Measure; Ballot Label. That a proposed Charter Amendment measure to be submitted to the voters appear on the ballot as follows: Shall the Charter be amended to permit anticipated vacancies to be filled by election instead of by appointment where there is a consolidated election occurring between the anticipation of the vacancy and the YES actual occurrence of the vacancy, and to permit various other changes to the charter rules regarding vacancies? NO SECTION 4. Upon certification of the results of the election wherein it is truly and properly certified that the abovementioned ballot label has received an affirmative vote I'1 w~r Resolution 18128 Page 3 by a majority of votes cast, Section 303 of the Charter shall be deemed ordained by the People of the City of Chula Vista to read as follows: "Sec. 303. Vacancies. A. When a Vacancy Occurs; Granting Permission for Absences. If a member of the City Council is absent from four (4) consecutive regular meetings of the City Council scheduled and held, unless by permission of the City Council expressed in its official minutes contemporaneously with such absences or sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter of resignation to the City Clerk, the office shall become vacant as of the date of the last absence (in the case of four unexcused, consecutive absences from regular City Council meetings), the date of such conviction (in the case of conviction of a felony or crime involving moral turpitude), or the effective date of resignation as set forth in such letter of resignation, as applicable. The permission of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting. The City Council shall declare the existence of any vacancy or anticipated vacancy as soon as practicable. B. Anticipated Vacancies with Intervening Consolidated Elections; Duration of Elected Replacee's Term. If (1) a vacancy is expected to occur in an office of any member of the City Council or Mayor because of either the election of the current office holder to another seat on the Council or other office requiring the surrender of the City office seat, and (2) if, between the time the expectation of vacancy occurs (by final election results for the other election contest having been announced) and the time the actual vacancy is expected to occur, any other federal, state or local (non-City) election involving all the electors of the City is scheduled to be held at such a time that permits a special election to be called and consolidated with such other federal, state or local election, then (A) the City Council shall call and request consolidation of such special election with such other election or elections, and (B) the vacancy so expected to be created shall be filled by such special election. A person elected in such special election to fill a vacancy shall serve for the remainder of the term of the office and until a successor qualifies. C. Duty to Appoint; Duration of Appointed Replacee's Term; When Special Election Required. Except under the circumstances hereinabove provided in paragraph B, the City Council shall use its best efforts in good faith to fill Resolution 18128 Page 4 such vacancy by appointment within thirty days of their declaration of the existence of the vacancy. 1. Mandatory Appointment of Elected Successor Required. If, at the time the Council is called upon to declare the existence of a vacancy, a successor to the seat has already been determined by election, and the successor is awaiting the seating date to commence her or his term of office, the Council shall forthwith appoint such successor to the vacant seat for the remaining term. 2. No Appointment Made; Duty to Call Special Election. In the event Council shall fail to fill a vacancy by appointment within thirty days after such office shall have been so declared vacant, or sooner, if impasse is reached sooner, it shall forthwith cause a special election to be held to fill such vacancy. The successful candidate elected at such a special election shall be entitled to hold office for the remainder of the nominal term of office for such seat. 3. Appointment Made; Length of Service; Next Election. In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until the next city election called for any reason including but not limited to general municipal elections, general municipal runoff elections, special elections otherwise called, special runoff elections otherwise called (assuming the Charter otherwise continues to require same), recall, referendum or initiative elections, and until a successor subsequently qualifies. In addition to such other matters that may be placed on such ballot, at the call of such subsequent election, the Council shall also place on the ballot thereof, the office to which the appointee has been appointed. Upon certification of the results of said special election, the successful candidate for such office shall be entitled to hold office, subject to the usual causes for vacancy, for the remainder of any unexpired nominal term of said office, and until a successor qualifies. 4. Minimal Remaining Term. Notwithstanding any other requirement heroin to the con- trary for calling a special election to fill a vacancy, if, after the election results would be determined and the successful candidate seated, the remaining term of office would be nine months or less, the Council shall not call such special Resolution 18128 Page 5 election. In such case, the Council shall comply with Section 303(C)(1) if a successor to the seat has already been determined by election. Otherwise, the Council's power to appoint within 30 days of declaration of vacancy is hereby extended for the duration of such minimal remain- ing term until filled. The Council shall use good faith and best efforts to reach agreement on such an appointment until they have declared an impasse, after which they may allow the seat to remain vacant for the duration of such minimal remaining term. A vacancy in the office of any mcmbor of the City Council from whatever cause arising, shall bc fillcd by appointment by the City Council, such appointee to hold office until the first Tuesday following the next general municipal election and until a successor qualifics. At the next gcnoral municipal election following any vacancy, a Councilmember or Mayor shall bc elected to ocrvc for the remainder of any unoxpircd tcrm of said office. tf a mcmbcr of the City Council is absent from four (4) consccutivc rcgular meetings of the City Council scheduled and held, unless by pormis'sion of the City Council oxprccsed in its official minutcs contcmporancously with such abc, cnccs, or is con victcd of a felony or crime involving moral turpitude, the office shall become vacant. The permission of thc Council ~Jnall bc grantcd for any temporary illness of the requesting Councilmember disabling him or hcr from attendance at such meeting. The City Council shall declare the existence of any vacancy as soon as practicable. The City Council -2nall use its best efforts in good faith to fill such vacancy by appointment within thirty day3 of their dcclaration of the cxistenec of the vacancy. In the event it shall fail to fill a vacancy by appointmcnt within thirty days after such office shall have bccn so declared vacant, or sooner, if impasse is reached sooner, it shall forthwith cause an election to bc held to fill such vacancy." SECTION 5, That the San Diego County Registrar of Voters is authorized to canvass the returns of the General and Special Municipal Elections. SECTION 6, That the City of Chula Vista recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs, SECTION 7, That the City Clerk is hereby directed to file a copy of this resolution with the San Diego County Board of Supervisors and Registrar of Voters. SECTION 8, The Council reserves the authority to make minor technical changes, amendments and deletions in the actual language of the Charter amendments Resolution 18128 Page 6 herewith set forth in Sections 3 through 4 between the date of adoption of this resolution and end of the public examination period, upon a finding that such change is necessary in order to have the language achieve the plain meaning of the purposes and intent of the ballot label and upon receipt of 4/5ths vote at a public hearing conducted at a televised and regularly scheduled meeting of the City Council. SECTION 9. The Council further resolves that registered voters desirous of nominating a candidate to the same seat for both the short term for which the Special Election is called, and the full four year term of office for which the General Municipal Election is called may used the same nomination papers, as long as such nomination papers specify that the candidate is being nominated for both such terms of office. SECT. 10. The Council hereby appropriates 961,500 from the unappropriated balance of the general fund reserves to Account No. 0170-5202. SECT. 11. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Presented by: Sub/~ed by: ~ A~ !~"' · Authelet M. Boogaard City Clerk City Attorney Resolution 18128 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21 st day of November, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~ey Horton, Mayor ATTEST: Beverly~. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18128 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21st day of November, 1995, Executed this 21 st day of November, 1995. ~Be erly A. Authelet, City Clerk