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HomeMy WebLinkAboutReso 2008-016 RESOLUTION NO. 2008-016 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL; CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008; PLACING A CITIZEN-INITIATED CHARTER AMENDMENT ON THE NOVEMBER 4, 2008 BALLOT TO BE CONSIDERED BY THE ELECTORATE AT THAT ELECTION; CONSOLIDATING SUCH ELECTIONS WITH STATEWIDE ELECTIONS; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTIONS; AND AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTIONS WHEREAS, in accordance with the provisions of the Chula Vista Charter and State law, a General Municipal Election shall be held on June 3, 2008 for the purpose of electing two (2) Members of the City Council to fill Seats 3 and 4 for the full term of four years, commencing in December 2008; and WHEREAS, a petition entitled, "A Petition to Amend the Chula Vista City Charter to Make the City Attorney an Elected City Officer" was filed with the City Clerk's office on December 3, 2007; and WHEREAS, pursuant to California Elections Code Section 9255(a)(3), the required number of signatures to submit this measure to the voters was 13,669, which was fifteen percent of the 91,122 voters in the City of Chula Vista as officially reported by the County Registrar of Voters to the Secretary of State on February 20, 2007; and WHEREAS, the City of Chula Vista has received a certificate from the County of San Diego Registrar of Voters, attached to the proposed Charter amendment presented herewith as Exhibit "A" hereto, certifying the results of the Registrar's examination of the number of signatures and verification of the signatures affixed to the petition; and WHEREAS, the certification shows that the petition contained not less than 13,669 valid signatures; and WHEREAS, California Elections Code sections 9255(a) and 1415 require a petition for a charter amendment that has been signed by no less than fifteen percent (15%) of the registered voters of the City to be submitted to the voters at either the next regular general municipal election occurring not less than 88 days after the date of the order of election, or at a special municipal election called for that purpose, or on any established election date occurring not less than 88 days after the date of the order of election; and Resolution No. 2008-016 Page 2 WHEREAS, it is desirable that the Charter amendment measure be presented for the consideration of the voters at a special municipal election on November 4, 2008, which date is not less than 88 days after the date of adoption of this resolution; and WHEREAS, it is required by the Chula Vista City Charter that the General Municipal Election be consolidated with the Statewide Direct Primary Election to be held on the same date, as authorized by California Elections Code section 10418; and WHEREAS, it is desirable that the special municipal election be consolidated with the Statewide General Election to be held on the same date, as authorized by the California Elections Code section 10418; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters 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 a statewide election and to permit the Registrar of Voters to perform certain services in conjunction with the City's election; and WHEREAS, it is desirable that the County of San Diego Registrar of Voters conduct each election and canvass the returns of the General Municipal Election and the special election, and that the City Clerk be authorized to carry out all other necessary procedures for such elections; and WHEREAS, sufficient funding is anticipated to be allocated as a separate action for the payment of costs relating to the certification of the signatures on the petition and the placement of the measure on the ballot. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows: SECTION I. All of the foregoing recitals are true and correct. SECTION 2. 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, June 3, 2008, a regular municipal election of the qualified electors of said City for the purpose of electing two (2) Members of the City Council to fill Seats 3 and 4 for the full term of four years, commencing December 2008. 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) Member of the City Council to fill Seat 3 for the full term of four years, commencing December 2008. The election of one (1) Member of the City Council to fill Seat 4 for the full term of four years, commencing December 2008. ......... Resolution No. 2008-016 Page 3 SECTION 3. The City Council, pursuant to its right and authority as established in California Elections Code sections 9255(a)(3) and 1415, does hereby call and order held in the City of Chula Vista, California, on Tuesday, November 4, 2008, a special municipal election of the qualified electors of said City for the purpose of submitting to the voters the following question: Measure _: A Petition to Amend the Chula Vista City Charter to Make the City Attorney an Elected City Officer, Sufficiently Independent of the Council and Other City Officials Shall the Charter of the City of Chula Vista be amended to make the YES City Attorney an elected City Officer, sufficiently independent ofthe Council and other City officials? NO SECTION 4. Should said question be approved by the reqUisIte vote, the measure attached hereto as Exhibit "A" and incorporated by this reference shall be enacted. SECTION 5. The City Council hereby acknowledges its authority pursuant to California Elections Code section 9282 to submit a written argument not to exceed 300 words against the proposed measure and that of the proponents of the measure to file a written argument not to exceed 300 words in favor of the proposed measure. Each argmnent must be submitted to the City Clerk, and may be changed until and including the date fixed by the City Clerk for submission of the arguments, after which no arguments for or against the proposed measure may be submitted to the City Clerk. Printed copies of each properly authorized and filed argmnent shall be enclosed with each sample ballot in accordance with California Elections Code section 9282. SECTION 6. Because the proposed measure affects the organization of the office of the City Attorney, the City Clerk shall cause the preparation of an impartial analysis of the measure, which shall be filed by the date set by the City Clerk for the filing of argmnents. SECTION 7. The General Municipal Election for the purpose of electing two (2) Members of the City Council shall be consolidated with the Statewide Direct Primary Election held on the same day in accordance with California Elections Code section 1040 I. SECTION 8. The special municipal election for the purpose of submitting the proposed measure on the amendment of the Chula Vista Charter shall be consolidated with the Statewide General Election held on the same day in accordance with California Elections Code section 10401. SECTION 9. Pursuant to Elections Code section 10403, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters 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 each subject election of the City of Chula Vista, with the cooperation and assistance of the City Clerk of Chula Vista, in order to properly and lawfully conduct each such election. Resolution No. 2008-016 Page 4 SECTION 10. The Board of Supervisors of the County of San Diego is hereby requested to consolidate each election with the statewide election to be held on the same day, in the same territory. Pursuant to Section 10411 and Section 10418 of the Elections Code, (a) each election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used for each election; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of each subject election as part of the canvass of the returns of the elections consolidated hereby. SECTION 11. Pursuant to Section 10410 and Section 10418 of the Elections Code, within the territories affected by these consolidations, 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, for each election, in each of the precincts. SECTION 12. The County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Chula 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 either election. SECTION 13. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the elections. SECTION 14. The polls of each election shall be open at seven o'clock a.m. of the day of said election and shall remain open continuously from that time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 15. The ballots to be used at each election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. SECTION 16. In all particulars not recited in this resolution, each election shall be held and conducted as provided by law for holding municipal elections in this City. SECTION 17. Notice of the time and place of holding each election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of each election in time, form and manner as required by law. SECTION 18. The City Clerk shall certify to the passage and adoption of this resolution and file it with the City's original resolutions. Presented by ~if. -4~ Donna R. No IS, CMC Interim City Clerk Approved as to form by /)1~ Shawn Hagerty Brooke Miller Special Counsel .-- ~-- r.---- ~ Resolution No. 2008-016 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of January 2008 by the following vote: AYES: Councilmembers: McCann, Rindone, and Cox NAYS: Councilmembers: Castaneda, Ramirez ABSENT: Councilmembers: None ATTEST: ~Lj,~ Cheryl Cox, ayo STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2008-016 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of January 2008. Executed this 15th day of January 2008. L fl tfo~ Donna R. No~is, 'CMC, Interim City Clerk EXHIBIT A DEBORAH SEILER Registrar of Vot"rs . Q111unt~ of ~an ~i2g11 REGISTRAR OF VOTERS 5201 Ruffin Road, Suttel, San Diego, Car.omia 92123-1693 Office: Fax: TOO: Toll Free: (B5B) 565-5Boo (858) 694-2955 (B58) 694-3441 (BOO) 696-0136 MICHAEL VU Assistant Re9istrar January 7, 2008 Susan Bigelow, City Clerk City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910-2631 Re: "A Petition to Amend the Chula Vista City Charter to Make the City Attorney an Elected City Officer, Sufficiently Independent of the Council and Other City Officials." As directed by your office, we have conducted a verification of up to 13,669 valid signatures from the total of2l,620 submitted. Results of the verification process are as follows: . Date petition was received in our office .............................. December 4, 2007 . Number of sections submitted .................................................................1,920 . Number of signatures submitted ............................................................21,620 . Number of signatures verified ...............................................................19,354 . Number of signatures found NOT sufficient ...........................................5,685 (includes 2,213 duplicates) . Number of signatures found sufficient ..................................................13,669 If you need further assistance please call Rosemarie Ganzon at (858) 694-3443. ~L DEBO SEILER Registrar of Voters PETITION FOR SUBMISSION TO VOTERS OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF CHULA VISTA To the City Council of the City ofChula Vista: b f:t \-; We the;Uri:rsigned, registered and qualified voters of the State of California, residents of the f'" <itY o~hula Vista, pursuant to Section 3 of Article XI of the California Constitution and Cl1aptu'Mcommencing with Section 34450) of Part 1 ofDivision2 ofTitle 4 of the (3Ovem.!mBtt Code, present to the city council of the city this petition and request that the following 'proposed amendment to the charter of the city be submitted to the registered and qualified voters of the city for their adoption or rejection at an election on a date to be cktermined by the city council. We further request that the election be scheduled at the earliest pOssible date. Existing provisions proposed to be deleted are in stfil<ealtt !511a and the new provisions proposed to be added are in italic type. The proposed charter amendment reads as follows: ELECTED CITY ATTORNEY ACT Section 1. Purnose and Findin2S - Elected Citv Attornev This charter amendment is intended to provide for the election of the City Attorney by the residents of the City of Chula Vista. The City of Chula Vista should have an elected City Attorney who is responsible to Chula Vista residents instead of an appointed city attorney responsible only to the Mayor and City Council. It is in the best interests of the City of Chula Vista that the City Attorney be sufficiently independent of the City Council and other city officials to able to both advise the city and act in the best interests of the public. Section 2. Amendment of the Charter A. follows: Section 503 of the Charter of the City of Chula Vista is hereby amended to read as Section 503 City Attornev: Election, Powers and Duties Te eaeeme eli.gillle for Ci1y ..,UsP!leY, the JleP.JeB appeimeel silaR be BI3. attElmey at la';: eltily liseBBea as !.TUsh UftEler1:&e la:ws sitae 81a1e efC-I:""emia Tae City ..:\.ttemes. ...1...Al1 have pev~w lHIS.eefe~elte (a). Designation as Officer. The City Attorney shall be an officer of the City, in addition to any other officers designated pursuant to this Charter. It is the intent of the voters that the City Attorney shall be sufficiently independent of the City Council and other city officials to advise the City while also acting in the best interests of the public. (b) Powers of the City Attorney. The City Attorney shall: fM(1) Represent and advise the City Council and all city officers in all matters oflaw pertaining to their offices and advise all boards, commissions, and other agencies of the City on legal matters referred to him or her, and render written legal opinions when the same are requested in writing by the MIryor or a member of the Councilor the City Manager or arry other officer, board or commission of the City; , 1"., ~ fbt(2) Represent and appear for the City and any city officer or employee, or former Cill offi~ 1)r employee, in any or all actions and proceedings in which the City or any such officer d,t:i;lnployee in or by reasons of his or her official capacity, is concerned or is a party; :r_~ ~ r- -=c, rT- .:....~ >- ~@ Attend all regular meetings of the City Council and give his or her opinion in w'liiing ~ever requested to do so by the City Council or by any of the boards or officers of the City;'; ~.-. ~ ~ .:t W(4) Approve the form of all contracts made by and all bonds given to the City, endorsing approval thereon in writing; f;e}(5) Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto; W(6) Prosecute, if so directed by ordinance of the City Council, all offenses against the ordinances of the City and for such offenses against the laws of the State as may be required by law, and shall have concurrent jurisdiction with the District Attorney of the County of San Diego to prosecute persons charged with or guilty of the violation of the State laws occurring within the City limits of the City of Chula Vista for offenses constituting misdemeanors; (7) Whenever a cause of action exists infavor of the City, exercise discretion as to when to commence or maintain legal proceedings, subject to the approval or ratification by the City Council, when the basis for such action is within the knowledge of the City Attorney, or, he or she shall commence or maintain legal proceedings as directed by the City Council; (g) De".~ete sueR ~-9 te ~e d.1Hies ef ames as mil). be SfJeeiiiea iB. the efA':nA'Ree ar t=eSelatiaa wBBg tee 6eMpms1/t:9B. fur sueh effiee; Me. (Il){8) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs. The Council may empower the City Attorney, at his or her request, to employ special legal cOWlSel, and he or she shall have the power to appoint appraisers, engineers and other technical and expert services necessary for the handling of arry pending or proposed litigation, proceeding or other legal matter. Upon the City Attorney's recommendation and the approval of the Council, when he or she has a conflict of interest in litigation involving another office of the City in his official capacity, such other officer may reta.in special legal cOWlSel at City expense. Nothing in this Section 503 shall be construed to prevent the City Attorney from giving corifidential advice to the City when otherwise allowed by law. r- The Cifj' CeuBIlil shall !lave eeBtfel ef aR legal. lHlsmells aRe JlF~eef-"-gs aaEI may eBl:I'ley ether attemeys te take ehafge sf B:ffj. 1;': fF+: 91l at :matter sr te assist the C~y ..\ttaffte)y therem. (c) Election; Compensation of City Attorney. The City Attorney shall be nominated and elected in the same manner and at the same election as a member of the City Council, except as otherwise prCNided in this section. The compensation of the elected City Attorney shall be set by the Council, but shall be not less than the median compensation paid to the City Attorneys of the six California cities whose populations are closest to that of the City of ChuJa VISta, provided thtil threEiqr,e higher and three are lower in population, and that compensation may not be reauceJ:3/iiing the City Attorney's term of office, except as part of a general reduction of stlf!!.ries,itPJll officers and employees in the same amount or proportion. The City Attorney shall b~in thQ:lJlclassified Service. .~ 5:;c:. ---,. k (4) Qualifications of City Attorney. No person shall be eligible for or continue to hold the o.iftce o/City Attorney, either by election or appointment, unless he or she is a citizen of the UjJited States, a qualified elector, and a California resident, licensed to practice law in all courts of the State of California and so licensedfor at least seven years preceding his or her assumption of office following election under this charter. (e). Term of Office of the City Attorney. The City Attorney shall be elected to a nominal term of four years and shall commence on the first Tuesday of December of the year of the election, and shall continue until a successor qualifies. (f) Vacancy, Filling of Upon the declaration of vacancy in the Office of the City Attorney, the Office of the City Attorney shall be filled by appointment by the majority vote of the members of the Council; provided, that if the Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, or if the unerpired term of the City Attorney shall exceed 24 months at the time of the appointment, the City Council shall cause a special election to be held to fill such vacancy. An appointee or the person elected to the Office of City Attorney for the balance of an unerpired term shall hold office until the next general election for the Office of the City Attorney. (g) Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by the Council when the person elected or appointed thereto fails to qualify within ten days after his or her term is to begin, dies, resigns, ceases to be a resident of the State or absents himself or herself continuously from the State for a period of more than thirty days without permission from the Council, absents himself or herself from any seven consecutive regular meetings except on account of own illness or when absent from the City by permission of the Council, is convicted of afelony, is judicially determined to be an incompetent, is permanently so disabled as to be unable to perform the duties ofhis or her office, forfeits his or her office under any provision of this Charter, or is removedfrom office by judicial procedure. A finding of disability shall require the affirmative vote of at least two-thirds of the members of the Council after considering competent medical evidence bearing on the physical or mental capability of the City Attorney. B. follows: Section 500 of the Cbarter<>fthe City ofChula Vista is hereby amended as 500. Election. Auoointment and Removal of Officers and Denartment Heads 'w'... (a) Election; Appointment. The City Attorney shaII be elected by the voters of the City. The City Manager, Ci~' f.ttefBey and City Clerk shall be appointed by and serve at the pleasure of the City Council and shall be in the Unclassified Service. In addition, there shall be in the Unclassified Service a private secretary for the City Manager, City Attorney and the ~yor 8't.council who shall be apPOinted by the respective officers for whom they serve. All other of!ioers and department heads of the City and the Assistant City Manager shall be tpoin~y the City Manager subject to the approval of the City Council. The City Attorney s9!ill alSOf'"'!ppoint Assistant or Deputy City Attorneys as may be authorized by the Council, who sh3.l1 be~J:he Unclassified Service. The City Clerk may also appoint Assistant or Deputy City Clerks "l$rnay be authorized by the Council subject to the approval of the Council who shall be tji'the Unc1assified Service. It is further provided the City Council may, by ordinance, place Assistant and Deputy Department Heads, Assistants to the City Manager and new management level positions in the Unclassified Service by a four-fifths vote of the Council. l'f"'1 (b) Removal Officers and employees in the Unclassified Service appointed by the City Council may be removed by them at any time by a majority vote of the members of the Council, and such officers and department heads in the Unclassified Service appointed by the City Manager or City Attorney, respectively, may be removed by him or her at any time and, in the case of appointees in the Unclassified Service, the order of the City Council the City Attorney, or the City Manager affecting said removal shall be final and conclusive. The position of said officers and employees shall be declared vacant if said officer or employee is convicted of a felony or crime involving moral turpitude. Any appointee or employee in the Unclassified Service so removed by the City Manager, the City Attorney or City Clerk may, however, within five (5) days after receipt of a notice of dismissal, demand a written statement of the reason for such dismissal, a copy of which shall be forthwith filed with the City Council. Upon receipt of such written statement so furnished by the City Manager, the City Attorney or City Clerk to the City Council, the Council shall fix a time and place for a public hearing, at which hearing the Council shall have authority to investigate the fucts set for the in said written communication from the City Manager, the City Attorney or City Clerk conntining the reason for said dismissal, and determine the truth or :falsity of said facts. Council shall report its findings and recommendations made as a result of such hearing, and cause a copy of said findings to be delivered to the City Manager, the City Attorney or City Clerk and file the original with the City Clerk. The ,;i<m1i~sed appointee or employee in such cases shall have the right to file with the Council a written reply or answer to any charges filed by the City Manager, the City Attorney or the City Clerk. All written documents, including the City Manager's, the City Attorney's or the City Clerk's written reasons for such dismissal, and the reply of the dismissed appointee or employee, the findings and decisions of the Council, and any documentary evidence used at the hearing shall be filed with the proper office of the City as public records, open for inspection at any time. Nothing herein contained, however, shall be construed as in any way limiting the authority and power of the City Manager, the City Attorney or the City Clerk to remove any appointee or employee in the Unclassified Service of the City, so appointed or employed, and all such removals shall be final and conclusive. (c) No fiscal impacts. Except as expressly pruWded in Section 503, nothing in this Section 500 shall be construed to limit the budgetary authority of the City Council as respects the officers and employees under the supervision of the City Attorney. Section 3. ImDlementatioD 0:: A. Upon the effective da1e of this initiative, the provisions of this initiative shall be inserted into the Charter as amendments thereto. Any provisions of City Charter, state law or city ordinances inconsistent with these amendments shall be unenforceable to the extent of the inconsistency. ~ ~n B: !;:The City Attorney serving at the time of the adoption of this initiative, or his or her ~~ shall continue to be qualified to hold such office, and shall carry out the duties and b?i~ to continue to exercise any and all powers of that office under the terms and cJi;'ditioDil:rif this Charter and general law existing prior to the adoption of this initiative, until his o~er ~r is qualified and assumes office by election or appointment as a result of the next g~ erection. IV "::.J Section 4. Severabilitv. ~ If any word, sentence, paragraph, subparagraph, section or portion of this initiative is declared to be invalid by a court, the remaining words, sentences, paragraphs, subparagraphs, sections and portions are to remain valid and enforceable. Section S. Amendment or ReDeal. This initiative may be amended or repealed only by the voters at a City election. . Section 6. Effective Date. If a majority of the voters voting on the proposed charter amendment vote in its favor, the charter amendment shall become valid and binding upon filing by the California Secretary of State.