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HomeMy WebLinkAbout2006/07/25 Item 12 COUNCIL AGENDA STATEMENT Item I ~ Meeting Date 7/25/06 ITEM TITbE: SUBMITTED BY: ResolutionApproving the Ballot Questions and Directing the City Attorney to Prepare the Impartial Analysis of three proposed Charter Amendments, one to Section 300D, imd two to Section 303C, to be Submitted to the Electorate at the Special Municipal Election to be held in said City on Tuesday, November 7, 2006. City Attorneytl.:->rr+- City Attorney f-()l'f+- (4/5ths Vote: No X ) REVIEWED BY: RECOMl'VIENDATION: Adopt the Resolution. BOARDS/COMMISSION: N/A DISCUSSION: 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 text. The text appears on the ballot in the form of a question. The proposed Charter amendment to section 300D 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. The other two Charter amendments modify section 303C regarding the filling of unanticipated vacancies. Attached are the proposed Ballot Questions and the text of the proposed amendments based upon the direction received from Council on July 18, 2006 The City Attorney will, if directed by the Council, prepare an impartial analysis of each proposed measure. FISCAL IMPACT: None Attachment 1 Measure 1 Ballot Question Attachment 2. Measure 2 Ballot Question Attachment 3 Measure 3 Ballot Question Attachment 4 Informational Flow Charts nattomeylagendaslcharter amendments to 300D and 303C 12-1 Measure I Shall Section 300(D) of the Charter bfChula Vista be amended to provide that any person who is appointed to the office of Mayor or Council may not seek nomination and election to said offices of Mayor or Council until a period of one year from the termination of the appointed term has elapsed? Text: Sec. 300 Members. Eligibility and Terns.' 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 mav not seek nomination and election to said offices of Councilor Mavor until a period of one vear 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. Anv person elected in a special election for the balance of a regular term of Mayor andJor Council for a period of two (2) years odess Ip.ay seek nomination and election . for two (2) full terms thereafter. ATTACHMENT 1 12-2 Measure 2. Shall the Chula Vista Charter be amended to provide that an unanticipated vacancy in a Mayoral or Council seat, with more than two years remaining in the term, be filled at a special election, if there is two years or less in the term the Council shall have 45 days to make an appointment; if the Council fails to make such appointment it shall remain vacant or the Council may call a special election? Text: 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. I. If a vacancv is declared bv the Council with two (2) vears 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. If the Council fails to fill the vacancy by appointment the Council mav call a special election. 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 ofthe remaining Councilor Mayoral term. If the Council is unable to make an appointment. the Council's power to appoint within 45 davs of declaration of vacancy is hereby terminated for the duration of such minimal remaining term. In such case the Council mav call a special election to fill the seat or 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 aPliointment during the allotted time. the Council's power to appoint is terminated. 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) (1) if a successor to the seat has alreadv been determined bv election. Otherwise. the Councils power to appoint within 45 davs 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 thev have declared an impasse. after which they may allow the seat to remain vacant for the duration of such minimal remaining term. 2. If a vacancy declared bv the Council occurs with more than two (2) vears ATTACHMENT 2 12-3 remaining in the term from the date of said declaration. the Council shall call a special election to be held within ninety (90) days of the declaration of the yacancy. unless there is a regular municipal or statewide election scheduled to be held within 180 days of the declaration of the yacancy. If there is a regular municipal or statewide election scheduled to be held within 180 days of the declaration of the yacancy. the Council may consolidate the special election with that regular election. a. If one candidate receives the maiority of votes cast for all candidates in the special election. the candidate receiving the maiority 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 maiority of votes cast in the special election. a special run-off election shall be held within forty-nine (49) days of the first special election. unless there is regular municipal or statewide election scheduled to be held within ninety (90) days of the proposed special run-off election date. at which time the City Council mav consolidate the special run-off election with that regular election. 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. 12-4 Measure 3 . Shall the Chula Vista Charter be amended to provide that an unanticipated vacancy in a Mayoral or Council seat, with more than one year remaining in the term, be filled at a special election, if there is one year or less in the term the Council shall pave 45 days to make an appointment; if the Council fails to make such appointment it shall remain vacant until the next regularly scheduled election? Text: C. Unanticipated Vacancies. Except under the circumstances hereinabove provided in paragraph B. the City Council shall fill such vacancv bv election or appointment as set forth herein. 1. . If a vacancv is declared bv the Council with one (1) vear or less remaining in the term from the date of declaration. the Council shall within 45 davs appoint a person to fill the vacant seaton 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 subsequentlv qualifies at the expiration of the remaining Councilor Mavoral term. If the Council is unable to make an appointment, the Council's power to appoint within 45 davs of declaration of vacancv is herebv 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 vacancv declared bv the Council occurs with more than one (l) vear remaining in the term from the date of said declaration. the Council shall call a special election to be held within ninety (90) davs of the declaration of the vacancv. unless there is a regular municipal or statewide election scheduled to be held within 180 davs of the declaration of the vacancv. If there is a regular municipal or statewide election scheduled to be held within 180 davs of the declaration of the vacancv. the Council mav consolidate the special election with that regular election. a. If one candidate receives the maiority of votes cast for all candidates in the special election. the candidate receiving the maiority of votes cast shall be deemed to be and declared bv the Council to be elected to the vacant office. b. If no candidate receives a maiority of votes cast in the special election. a special run-off election shall be held within fortv-nine (49) davs of the first special election. unless there is regular municipal or statewide election scheduled to be held within ninety (90) davs of the proposed ATTACHMENT 3 12-5 special run-off election date. at which time the City Council mav - consolidate the special run-off election with that regular election. 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. ,', 12-6 MEASURE 2 .v 2 years or less remaining in the term J Appoint in 45 days Yes, appointment made No, appointment not made Hold seat until next regular election Council may call election Seat remains vacant Ability to call election terminated if after election 9 months or less left in term ATTACHMENT 4 12-7 MEASURE 2 More than 2 years remaining in the term I Call election Election within 90 days Election within 180 days if combined with state election Majority vote required to win or run off election held 12-8 Yes, appointment made Hold seat until next regular election MEASURE 3 1 year or less remaining in the term Appoint in 45 days No, appomtment not made Seat remains vacant 12-9 MEASURE 3 More than 1 year remaining in the term Call election Election within 90 days Election within 180 days if combined with state election Majority vote required to win or run off election held 12-10 RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE BALLOT QUESTIONS AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS OF THREE PROPOSED CHARTER A1\1ENDMENTS, ONE TO SECTION 300D, AND TWO TO SECTION 303C, TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006. 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, the proposed Charter amendment to section 300D 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 other two Charter amendments modify section 303C regarding the filling of unanticipated vacancies. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the ballot questions and directs the City Attorney to prepare an Impartial Analysis of three proposed Charter Amendments, one to Section 300D, and two to Section 303C, 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 ;:; ., J ':;1' /, ~" Ii ;,' () 1 Z '7?;;i<..C1'L--' i (2. 3.t; /kclY Ann oore Ci Attorney Ann Moore City Attorney J:\attomey\reso\amendments\Approvrng Charter Amendments 300D and 303C 12-11