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HomeMy WebLinkAboutReso 2006-253 e e e RESOLUTION NO 2006-253 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING BALLOT QUESTIONS, TITLE SUMMARIES, AND LANGUAGE OF TWO PROPOSED CHARTER AMENDMENTS, ONE TO ARTICLE III, SECTION 300.D AND ONE TO ARTICLE III, SECTION 303 C, TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006; AND APPROVING CITY ATTORNEY IMPARTIAL ANALYSIS OF EACH MEASURE AND DIRECTING STAFF TO SUBMIT ANALYSES TO REGISTRAR OF VOTERS WHEREAS, at its meeting on July 18, 2006, the City Council, after receiving a report from the Charter Review Commission and hearing public testimony, voted for the City Attorney to return to the Council with a resolution to place one amendment to Charter Section 300D and two amendments to Charter Section 303C on the November 7, 2006 ballot along with the proposed ballot questions; and WHEREAS, at its meeting on August 8, 2006, the Council voted to strike one of the two proposed amendments to Charter Section 303C and to only place one proposed amendment on the November ballot; and WHEREAS, the proposed Charter amendment to section 300D, attached to this Resolution as Exhibit A and incorporated by reference herein, modifies the eligibility requirements to prohibit an appointed mayor or councilmember from being eligible to run for the office until one year after termination of the appointed term; and WHEREAS, the second proposed Charter amendment modifies section 303C regarding the filling of unanticipated vacancies in a Mayoral or Council office, and is attached to this Resolution as Exhibit C and incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the language of the proposed amendments to the Charter of the City of Chula Vista, and the ballot questions and summaries. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the impartial analysis of each measure prepared by the City Attorney and attached to this Resolution as Exhibits A and C, and directs the City staff to submit the analyses to the County Registrar of V oters in compliance with California Elections Code sections 9280 and 10403, to be submitted to the Electorate at the Special Municipal Election to be held on Tuesday, November 7, 2006. Presented by Approved as to form by A~c\~~\\\,,"~ ~. Ann oore City Attorney <&~\'"'~~\\ Ann Moore City Attorney Resolution No. 2006-253 Page 2 ~ PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of August 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, and Rindone NAYS: Councilmembers: None ABSENT Councilmembers: McCann, Padilla ATTEST. - ~L5 ~Kd~~ Susan Bigelow, MMC, City lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) ..-.. I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2006-253 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of August 2006. Executed this 8th day of August 2006. ~ ~Tlt~,~~~ Susan Big~low, MMC, City Cler ~ e e e Resolution No. 2006-253 Page 3 Exhibit A CITY OF CHULA VISTA MEASURE 2: QUESTION: Shall the Chula Vista Charter be amended to state that any person appointed to the office of Mayor or Council shall be prohibited from seeking election to the same office for a period of one year following the end of the appointed term? CITY ATTORNEY IMPARTIAL ANALYSIS: This measure proposes to amend Article III, section 300.D of the Charter of the City of Chula Vista to limit the ability of an appointed City Councilmember or Mayor to seek nomination and election to the same office. This measure was proposed by the City's Charter Review Commission and approved by the City Council for placement on the ballot. Currently, the Charter states that no person can be elected to a Councilor the Mayor's office for more than two consecutive terms. However, Charter Section 300 allows a person appointed to fill a vacant seat for a period of two years or less to seek nomination and election for two full four-year terms to begin immediately after the appointed term ends. Under the proposed amendment, a person who completes an appointed term may only seek election to the office after a one-year waiting period ends. A person who fills a vacant seat by election will not be subject to the proposed one-year waiting period. A vote in favor of the measure will result in implementation of the proposed amendment. A "No" vote will result in no change to the ability of an appointed office holder to seek nomination and election to the same office at the end of the appointed term. The measure requires a majority vote to pass. There is no fiscal impact associated with this measure. CURRENT TEXT CITY OF CHULA VISTA CHARTER SECTION 300D: Section 300.D No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Councilor Mayor respectively until a period of one (1) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Councilor Mayor or elected in a special election for the balance of a regular term of Mayor and/or Council for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. Resolution No. 2006-253 Page 4 TEXT OF PROPOSED AMENDMENT: ......... Section 300.D No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Councilor Mayor respectively until a period of one (I) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Councilor Mayor may not seek nomination and election to said offices of Councilor Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person elected in a special election for the balance of a regular term of Mayor and/or Council for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. ......... ......... e e e Resolution No. 2006-253 Page 5 Exhibit C CITY OF CHULA VISTA MEASURE 3: QUESTION: Shall the Chula Vista Charter be amended to change the procedures for filling an unanticipated Mayoral or City Council vacancy when more than one year remains in the term. specifically, when more than one year remains, the seat must be filled by special election; when one year or less remains, the seat may be filled by Council appointment within 45 days, or if no appointment, be left vacant? CITY ATTORNEY IMPARTIAL ANALYSIS: This measure proposes to amend Article III, section 303 C of the Charter of the City of Chula Vista to change the procedures to fill an unanticipated City Councilor Mayoral vacancy This proposal was brought forward by the City's Charter Review Commission, with City Council approval. Currently, the Council is required to fill an unanticipated vacancy by appointment within 30 days of the Council's declaration of the vacancy If a successor has already been elected to the seat, the Council must immediately appoint the successor to fill the vacancy for the remaining term. If there is no successor by election, the Council appoints a person, who then serves until the next City election, called for any reason, when a successor qualifies for the office. Ifthe Council fails to fill a vacancy by appointment within 30 days, the Council must call a special election to fill the vacancy The successful candidate for the office is entitled to hold office, subject to the usual causes for vacancy, for the remainder of the term. If there would be nine months or less remaining in the office's term after election results would be determined and a successful candidate seated, the Council's 30-day period for making an appointment is extended for the duration of the remaining term or the Council may allow the seat to remain vacant. The proposed amendment states that if more than one year remains in the term following a vacancy, the Council has no ability to appoint and must call a special election to fill the vacancy A successor must receive the majority of the votes cast to assume the vacant office. If there is no majority winner, a special run-off election must be held. If one year or less remains in the term, the Council may appoint a person to fill a vacancy within 45 days. The appointed office holder will be entitled to hold office for the remainder of the term. If the Council is unable to make an appointment within 45 days, the Council loses its power to fill the vacancy by appointment, and the seat will remain vacant. Fiscal impact: The future cost to the City of holding a special election or elections to fill a vacancy Resolution No. 2006-253 Page 6 CURRENT TEXT CITY OF CHULA VISTA CHARTER SECTION 303: -.. Section 303 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 such vacancy by appointment within thirty days of their declaration of the existence of the vacancy I 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 terms of office for such seat. 3 Appointment Made; Length of Service; Next Election. In the event Council shall make such an appointment, such an ltppointee 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 herein to the contrary 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 election. In such case, the Council shall comply with Section 303(C)(l) 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 remaining 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. -.. e e e Resolution No. 2006-253 Page 7 TEXT OF PROPOSED AMENDMENT: Section 303 C. Unanticipated Vacancies. Except under the circumstances hereinabove provided in paragraph B, the City Council shall fill such vacancy by election or appointment as set forth herein. 1 If a vacancy is declared by the Council with one (1) year or less remaining in the term from the date of declaration, the Council shall within 45 days appoint a person to fill the vacant seat on the City Council. In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration of the remaining Councilor Mayoral term. If the Council is unable to make an appointment, the Council's power to appoint within 45 days of declaration of vacancy is hereby terminated for the duration of such minimal remaining term and the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. If the Council is unable to make an appointment during the allotted time, the Council's power to appoint is terminated. 2. If a vacancy declared by the Council occurs with more than one (1) year remaining in the term from the date of said declaration, the Council shall call a special election to be held on the next established election date, as specified in the Elections Code of the State of California, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy If there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code. a. If one candidate receives the majority of votes cast for all candidates in the special election, the candidate receiving the majority of votes cast shall be deemed to be and declared by the Council to be elected to the vacant office. b. If no candidate receives a majority of votes cast in the special election, a special run-off election shall be held on the next established election date, as specified in the Elections Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days following the certification of the special election results, at which time the Council may consolidate the special run-off election with that election, as provided by the Elections Code. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat.