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HomeMy WebLinkAbout2006/08/08 Item 11 COUNCIL AGENDA STATEMENT Item No.~ Meeting Date 08/08/06 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO 2006-205, CALLING AND GNING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006, FOR THE PURPOSE OF ELECTING A MAYOR, ELECTING ONE MEMBER OF THE CITY COUNCIL, AND SUBMITTING TO THE QUALIFIED ELECTORS FOUR PROPOSED CHARTER AMENDMENTS SUBMITTED BY. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIALMUNICIP AL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $75,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES & SUPPLIES BUDGET TO FUND UNANTICIPATED SERVICES OF THE REGISTRAR OF VOTERS FOR INCLUSION ON THE BALLOT OF THREE PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 (4/5THS VOTE REQUIRED~ Susan Bigelow, City Clerk The purposes of the November 7,2006 Special Municipal Election are to conduct a run-offto select a Mayor and one member of the City Council to fill Seat 1; and to submit four proposed Charter amendments to the electorate. It is necessary at this time to adopt resolutions amending Resolution 2006-205, calling and giving notice of the election, in order to include the ballot measures; requesting the services of the Registrar of V oters, as required by the California Elections Code; and appropriating funds to the City Clerk's supplies and services budget to cover the Registrar's estimated costs for the placement of three proposed Charter amendments on the ballot. An appropriation to cover the cost of the fourth ballot measure was included in a separate resolution. RECOMMENDATION' Council adopt the resolutions. BACKGROUND' On July 11, 2006, the Council adopted Resolution No. 2006-205, calling a Special Municipal Election to be consolidated with the state general election to be held Tuesday, November 7, 2006, to select a Mayor and a member of the City Council to fill Seat 1. Adoption of the first proposed 11-1 resolution amends Resolution No. 2006-205 to include four proposed Charter amendment measures in the purpose of the election and to specify dates for submittal and review of ballot arguments for and against the measures, as well as for rebuttals to the arguments. Elections Code Section 10403 requires the adoption of a resolution requesting the Board of Supervisors to consolidate Chula Vista's election with the statewide general election and to permit the Registrar of Voters to perform certain services in conjunction with the City's election. The resolution must set forth the exact form of any question, proposition or office to be voted upon at the election, as it is to appear on the ballot. Elections Code Section 10403 requires that the Registrar of Voters receive the resolution requesting consolidation and services by August II, 2006. The ballot text must be included in the resolution. The third proposed resolution appropriates funds in the amount of $75,000 to the City Clerk's supplies and services budget to cover the estimated cost of Registrar services to include three of the proposed Charter amendment measures on the November ballot. Funding for the fourth proposed Charter amendment measure, regarding the City's participation in future affordable housing projects, was included in the resolution placing that measure on the ballot. The next step in the process will be to prepare and publish a notice of the measures. Arguments in favor of or against the measures will be due by August 23, followed by the 10-day public review period from August 24 through September 5. On August 24, the City Clerk will "trade" direct arguments with author(s) from each side for the preparation of rebuttals, which will be due by August 31, followed by another I O-day public review period from September I through September 11 Elections Code Section 9282 provides that the City Council, or any member(s) authorized by the Council, or any individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or any combination of voters and associations, may file a written argument, not to exceed 300 words, for or against any City measure. A ballot argument must be accompanied by the printed name(s) and signature(s) of the author( s) submitting it; or, if on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. No more than five signatures may appear with any argument. In case more than five authors sign an argument, the signatures of the first five will be printed. Per Elections Code Section 9287, if more than one argument for or against the measure is submitted, the City Clerk will select one of the arguments in favor and one against. In selecting, the City Clerk will give preference and priority in the following order: (1) the City Councilor member(s) authorized by the Council; (2) the individual voter or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; (3) bona fide associations of citizens; and (4) individual voters who are eligible to vote on the measure. FISCAL IMPACT: $36,000 has been included in the 2006 elections budget for the November 7, 2006 election to fill the positions of Mayor and Council Seat I The Registrar of Voters has estimated the cost of a ballot measure for the November election to be approximately $25,000 It is, therefore, necessary to appropriate $75,000 from the General Fund to the City Clerk supplies and services budget to cover the cost of unanticipated services to be provided by the Registrar of Voters. 11-2 RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO 2006-205, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006, FOR THE PURPOSE OF ELECTING A MAYOR, ELECTING ONE MEMBER OF THE CITY COUNCIL, AND SUBMITTING TO THE QUALIFIED ELECTORS FOUR PROPOSED CHARTER AMENDMENTS WHEREAS, on July 11, 2006, the Council adopted Resolution No 2006-205, calling and giving notice of the Special Municipal Election on November 7, 2006, for the purpose of electing a Mayor and one Member of the City Council to fill Seat 1 for the full term of four years, commencing in December 2006; and WHEREAS, the Council has taken action to place four proposed Charter amendments on the ballot at the Special Municipal Election on November 7, 2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows: SECTION 1 Pursuant to the requirements of the Chula Vista Charter and the laws of the State of California, there shall be and there is hereby called and ordered held in the City of Chula Vista, California, on Tuesday, November 7, 2006, a Special Municipal Election for the purposes of (1) electing a Mayor; (2) electing one Member of the City Council to fill Seat 1 for the full term of four years, commencing December 2006; and (3) submitting to the qualified electors four proposed Charter amendments. SECTION 2. The City Clerk is directed to prepare and publish a notice of the measures to be voted on. Arguments shall be due by August 23, 2006, and the 1 O-day public review period for the arguments shall be from August 24 through September 5, 2006. SECTION 3. On August 24, 2006, the City Clerk will trade direct arguments with author(s) from each side for the preparation of rebuttals, which will be due by August 31, 2006, followed by a public review period for the rebuttals from September 1 through September 11, 2006. SECTION 4. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City SECTION 5 Notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law Submitted by. ~ -k~~~ Susan Bigelow, City Clerk 11-3 ;e~f-~'t!'~ J,(,~</ j';,eAj-t".u ~I ~~) i'/t? ~ . 6-e rr'- k;l) RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7,2006 WHEREAS, the City Council ofthe City of Chula Vista has called an election to be held in this City on November 7,2006; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of V oters of the County of San Diego to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, Elections Code Section 10403 requires the adoption of a resolution requesting the Board of Supervisors to consolidate Chula Vista's election with the statewide general election and to permit the Registrar of Voters to perform certain services in conjunction with the City's election; and WHEREAS, a statewide election has been called to be held on the same day; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER as follows: SECTION 1. Pursuant to the above-cited provisions, the Board of Supervisors ofthe County of San Diego is hereby requested to permit the Registrar of V oters to perform and render all services and proceedings, and to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election ofthe City ofChula Vista, with the cooperation and assistance ofthe City Clerk of Chula Vista, in order to properly and lawfully conduct such election. SECTION 2. The exact form of the offices to be voted upon to appear on the ballot and to be submitted to the voters are as follows: The election of one (1) Mayor for the full term of four years, commencing December 2006. The electjon of one (1) Member of the City Council to fill Seat 1 for the full term of four years, commencing December 2006. SECTION 3. Four proposed Charter amendments are to be submitted to the voters and. appear on the ballot as follows: AFFORDABLE HOUSING FOR THE CITY OF CHULA VISTA. Do voters authorize the potential development, construction and/or acquisition YES of up to 1,600 affordable low-income rental housing units throughout the City? Any affirmative vote on this measure has no fiscal impact, nor does it grant approval for any specific project, as each would go through the NO public review process. /1-'-1 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 YES the same office for a period of one year following the end of the appointed NO term ? Shall the Chula Vista Charter be amended to change the procedures for filling YES an unanticipated Mayoral or City Council vacancy when more than two years remain in the term: specifically, when more than two years remain, the seat must be filled by special election; when two years or less remain, the seat may NO be filled by Council appointment within 45 days, or if no appointment, by special election or left vacant? Shall the Chula Vista Charter be amended to change the procedures for filling YES 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 NO be filled by Council appointment within 45 days, or if no appointment, be left vacant? SECTION 4. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day, in the same territory. SECTION 5. Pursuant to Section 10411 and Section 10418 ofthe Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of V oters ofthe County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election consolidated hereby. SECTION 6. Pursuant to Section 10410 and Section 10418 ofthe Elections Code within the territories affected by this consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. SECTION 7. The County of San Diego shall be reimbursed in full for the services performed by the Registrar of V oters for the City ofChula Vista upon presentation of a bill therefor, and this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys' fees, as a result of an election contest arising after conduct of this election. SECTION 8. The City Clerk is hereby directed to deliver forthwith certified copies ofthis resolution to the Clerk of the Board of Supervisors of the County of San Diego and to the Registrar of Voters of the County of San Diego. Submitted by: Approved as to form: Susan Bigelow, City Clerk ~~ /Ir!} RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $75,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES AND SUPPLIES BUDGET TO FUND UNANTICIPATED SERVICES OF THE REGISTRAR OF VOTERS FOR INCLUSION ON THE BALLOT OF THREE PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7,2006 WHEREAS, on August 8, 2006, the City Council adopted resolutions placing four Charter proposals on the ballot for the November 7, 2006 Special Municipal Election; and WHEREAS, the Registrar of Voters has estimated the cost of placing a measure on the November 7, 2006 ballot to be approximately $25,000; and WHEREAS, funds for one of the four measures to be included on the ballot, regarding affordable housing, have been appropriated under separate resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $75,000 for unanticipated professional services of the Registrar of Voters to the City Clerk's Fiscal Year 2006 services and supplies budget from the available balance of the General Fund. Presented By Approved as to form by ~~~~ Susan Bigelow City Clerk 11-6 . -r *~l -=If i'3 fl POTENTIAL APPOINTMENT PROCESS FOR PORT COMMISSIONER 1. Council accepts Port Commissioner's resignation (8/8/06). 2. City Clerk accepts applications from residents of Chula Vista for 10 days, from 8/9/06 through 3pm on Friday, 8/18/06, with staff publicizing the application process. 3. Applicants should fill out an application form (draft attached), submit a resume, and complete a version of the Port District's Form 700 (financial disclosure statement). 4. City Clerk to compile an alphabetical list of the applicants and their applications by 5pm on Friday, 8/18/06, and submit it to the Council. 5. Optional Step: At the Council meeting on Tuesday, 8/22/06, each applicant may speak to the Council for a short period of time determined by the Council. 6. At the 8/22/06 meeting, each Council member will submit to the City Clerk in writing the names of the candidates they wish to nominate. The City Clerk shall announce the nominees and the names of Councilmembers who made the nomination. Each applicant receiving two or more votes will continue in the process. 7. The Council may then continue meeting on 8/22/06 or reconvene at a subsequent Council meeting to continue the interview process. Those applicants who received two or more votes will be further interviewed by the Council, and a review of potential conflicts of interest conducted. 8. The Council will then vote in public until a candidate receives at least three votes. Attachment ~(f? ~~ ~~~~ ---- APPLICATION FOR PORT COMMISSIONER CIlY OF CHUlA VISfA Name Home address Zip Residence phone Business phone ~ Do you live within the City limits of Chula Vista? Dyes D no How long? Present employer Position Are you currently serving on a Chula Vista Board, Committee or Commission? Dyes D no Which one(s)? What experience or special knowledge can you bring to this position? What would you hope to accomplish by your participation? Note: Applications will be received in the Office of the City aerk through [date) at [time) Signature Date MEMORANDUM To: Jim Thomson, Interim City Manager ~ Lorraine Be1t, Deputy City Clerk Susan Bigelow, MMC, City Clerk From: Via: Date: August 8, 2006 Subject: Brief synopsis of prior procedures undertaken for the appointment of William Hall as Chula Vista's representative for the Board of Port Commissioners. · A letter of resignation by Commissioner David Malcolm was accepted by Council under Written Communications on the Council Agenda, and the vacancy notice was subsequently posted in accordance with Maddy Act requirements. · A publication was placed in the San Diego Union Tribune that the City of Chula Vista would be accepting applications from residents wanting to serve as the City's commissioner at the San Diego Unified Port District. · A 10-day timeframe was established for accepting applications in the Office of the City Clerk. · Upon receipt of all applications, the City Clerk submitted a memorandum to the City Council, listing all applications received (32), requesting that each Councilmember review the information and then check up to eight applicants they would like to interview. All candidates receiving one or more checks (14) would be interviewed, and interviews would be scheduled in alphabetic order. · A list of interviewees was compiled by the Office of the City Clerk, and a date set for interviews by the Council was coordinated with the Office ofthe Mayor and Council. · At the scheduled Council Meeting dates for Port Commissioner interviews, each Councilmember submitted their interview rating sheets to the City Clerk and City Attorney to tally the points received by each candidate. · The three candidates receiving the highest ratings were invited to a subsequent Council Meeting for a further interview. At that meeting, the Council appointed William Hall as Chula Vista's representative on the Board of Port Commissioners.