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HomeMy WebLinkAbout2010/07/13 Item 13 CITY COUNCIL AGENDA STATEMENT -,'Ii";.;; . ~~f:. CITY OF ~CHULA VISTA JULY 13, 2010, Item~ ITEM TITLE: ORAL REPORT RELATED TO CHARTER REVIEW COMMISSION'S DISCUSSION OF PROPOSED BALLOT MEASURES TO IMPOSE TERM LIMITS FOR CITY COUNCIL. MAYOR, AND CITY ATTORNEY: ESTABLISH DISTRICT'S FOR DlST T EL~~' NO ELlf\1!N ore PRIMARY ELECTION, ~ BART MIESFELD, !fl1~ CITY ATTORNEY SUBMITTED BY: REVIEWED BY: 4/STHS VOTE: N/A.x YES D NO D Councilmember Mitch Thompson drafted and circulated a memo dated June 17, 20 I 0 related to establishing term limits for city councilmembers and mayor ("Exhibit A") and placing a measure on the Novembcr 2010 election, At the June 22, 2010 City Council meeting this issue was brought up and discussed during Councilmember Thompson's comments, A discussion followed, Ultimately, the City Council referred several items to the city's Charter Rcview Commission for discussion: I,) should the City establish term limits for the Mayor and Council, 2.) should similar term limits be established for the City Attorney, 3.) should the City establish council districts and hold district elections, and 4,) should the City eliminate primary elections and hold only a general election, At the Charter Review Commission's meeting of July 1,2010, the Commission discussed all of the referred items. With respect to term limits for Mayor and Council, a motion was made to make a recommendation to City Council that a measure be placed on the November ballot with the language attached hereto as Exhibit B. The motion failed. A second motion was made to oppose a ballot measure related to term limits. This second motion failed. Term limits for the City Attorney was addressed next The related motions and results were identical to those for mayoral and council term limits: the language related to City Attorney term limits is attached as Exhibit C. The third item discussed by the Commission was whether the City should establish districts and hold district elections. The Commission was unanimous, each member holding the opinion that the issue needed significantly more research, including reviewing the options for establishing districts and ensuring that laws related to creating districts would not be violated. The consensus for the fourth item referred by Council was that no ballot measure should go forward at this time. The reasons for the opposition included the need 13-1 July 13,20 I 0, Item 13 Page 2 of 8 for more data, a fundamental disagreement to declare a winner who garnered less than 50% vote, and the belief that there exists a significant potential for manipulation. Thc City Attorney's Office intends to invite members of the Charter Review Commission to the City Council meeting of July 13.2010 to present an oral report of their discussions related to the City Council referral. In the event that following the report and discussions, the City Council requests that the City Attorney return with ballot language related to term limits for the City Council, Mayor, and the City Attorney, such language has already been prepared and if requested will be made available for Council consideration at the July 27, 2010 meeting. Subsequent to the Charter Review Commission meeting of July 1st, Councilmember Bensoussan submitted proposed Charter amendment language related to elections. As this proposal has not been reviewed by the City Attorney's office, it is attached as Exhibit D for informational purposes only. Prepared by: David lv/iller, Deputy City AI/orney 13-2 EXHIBIT A JULY 13, 2010 ITEM 13 ,'1' ~I~ --iil6l:- ~~~ -- -- - ., Council member Mitch Thompson City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax PAGE 3 OF 8 CllY OF CHUlA VISTA MEMO I.l'!!;~;i~~~~~~-_'~;~;~~ DATE: Thursday, June 17, 2010 FROM: Mayor and City Councilmembers Councilmember Mitch Thompson ~Ac/Av-,~ TO: cc: City Manager, City Attorney, City Clerk RE: June 22, 2010 Referral- Term Limits in Chula Vista ~"iA..~~_;~,{ffi?:~,",:::~:_,y.-~,j,:~te-l"t..........~~:--,.,.~~~::;.~:!..~'t.;~ ReQuest: That the Council direct the City Attorney to draft a ballot measure for City Council consideration to be presented to the voters in the November 2010 election to amend the Chula Vista City Charter to restrict the number of terms a person may serve to two terms for the office of City Council and two terms for the office of Mayor.. Discussion: On June 8th, 2010, San Diego County voters overwhelmingly voted to institute a limit of two terms for the public office of County Supervisor.. Our City's charter provides only that a Council person or Mayor may be limited to two consecutive terms, meaning that anyone who serves in office for two terms may serve again after remaining out of office for at least one year, I believe that the voters of Chula Vista should also be given the opportunity to decide on this issue by being asked if they wish to impose the same limits on our City elected positions as was just imposed on the Board of Supervisors, Below is a sample proposed language change to Article III, Section 300 (D) of the Chula Vista City Charter for discussion purposes along with the existing language, Proposed Amended Lanouaoe 0, No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) terms, and no person who has held a Council office for a period of two (2) terms or the office of Mayor for two (2) terms, may again seek nomination and election to said offices of Councilor Mayor, respectively; 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.. Existino Lanouaqe 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, "lnd no person who has held a CounCil office for 13-3 EHIBIT A July 13, 2010 Item ~ ., Page 4 of 8 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 respecti~ely until a period of one (1) year from the termination of the second term for Council member 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 Council or 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. 13-4 July 13,2010, ItemR Page 5 of 8 EXHIBIT B PROPOSED TERM LIMIT LANGUAGE MA VOR AND COUNCIL NO PERSON SHALL BE ELIGIBLE FOR NOMINATION AND ELECTION TO THE OFFICE OF CiTY COUNCILMEMBER OR THE OFFICE OF MAYOR FOR MORE THAN TWO FULL TERMS, AND NO PERSON WHO HAS HELD THE OFFICE OF CITY COUNCILMEMBER FOR TWO FULL TERMS OR THE OFFICE OF MAYOR FOR TWO FULL TERMS, MAY AGAIN SEEK NOMINATION AND ELECTION TO SAID OFFICE OF CITY COUNCILMEMBER OR OFFICE OF MAYOR, RESPECTIVELY. IF A PERSON SERVES A PARTIAL TERM IN EXCESS OF TWO YEARS, IT SHALL BE CONSIDERED A FULL TERM FOR THE PURPOSE OF THIS PROVISION. THE ABOVE-REFERENCED LIFETIME TERM LIMITATION SHALL APPLY ONLY TO TERMS OF OFFICE THAT BEGAN ON OR AFTER DECEMBER 8, 201.0. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE APPLICATION OF THIS PROVISION PERMIT ANY PERSON, WHO HAS HELD THE OFFICE OF CiTY COUNCILMEMBER FOR A PERIOD OF TWO (2) CONSECUTIVE TERMS OR THE OFFICE OF MAYOR FOR A PERIOD OF TWO (2) CONSECUTIVE TERMS, INCLUDING TERMS OF OFFICE THAT BEGAN PRIOR TO DECEMBER 8, 201.0, AGAIN SEEK NOMINATION AND ELECTION TO THE OFFICE OF CITY COUNCILMEMBER OR OFFICE OF MAYOR, RESPECTIVEL Y, UNTIL A PERIOD OF ONE (,) YEAR FROM THE TERMINATION OF THE SECOND TERM OF OFFICE AS A CiTY COUNCILMEMBER OR AS MAYOR HAS ELAPSED. TERM LIMIT GRID Category (on date of Application of Effect of Consecutive Total Terms That May enactment) Lifetime Term Limit Term Limits Be Served Serving I" Term I't term will not count Consecutive term Serve a total of 3 terms. towards term provision will prevent 3 limit of 2 lifetime Consecutive terms - 1 terms year between 2nd and 3cd terms Serving 2na Term I't two (2) terms will Consecuti ve term Serve a total of 4 terms. not count towards provision will prevent 3 term limit of 2 consecutive terms - I lifetime terms year between 2nd and 3 cd terms Never served All terms will count Consecutive term Serve a total of 2 terms. towards term limit of provision will not apply 2 lifetime terms as no additional terms mav be served Served x terms prior to Only terms served Consecutive term Serve a total of x+ 2 enactment, not currently after enactment wi II provision will prevent terms with one year gap. serving. Less than one count towards nomination or election year since in office for lifetime term limits at upcoming election two consecutive terms Served x terms prior to Only terms served Consecutive term Serve a total of x+2 enactment, not currently after enactment will provision will not terms serving. More than one count towards prevent nomination or year since in office for lifetime term limits election at upcoming two consecutive terms election 13-5 July 13, 2010, 1tem~ Page 6 of 8 EXHIBITC PROPOSED TERM LIMIT LANGUAGE CITY ATTORNEY SECTION 503 (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 ELECTION1 AND SHALL CONTINUE UNTIL A SUCCESSOR QUALIFIES. ,. No PERSON SHALL BE ELIGIBLE FOR NOMINATION AND ELECTION TO THE OFFICE OF CITY ATTORNEY FOR MORE THAN TWO FULL TERMS, AND NO PERSON WHO HAS HELD THE OFFICE OF CITY ATTORNEY FOR TWO FULL TERMS MAY AGAIN SEEK NOMINATION AND ELECTION TO SAID OFFICE OF CITY ATTORNEY. IF A PERSON SERVES A PARTIAL TERM IN EXCESS OF TWO YEARS/IT SHALL BE CONSIDERED A FULL TERM FOR THE PURPOSE OFTHIS PROVISION. THE ABOVE-REFERENCED LIFETIME TERM LIMITATION SHALLAPPL Y ONL VTa TERMS OF OFFICE THAT BEGAN ON OR AFTER DECEMBER 8f 20l0. 13-6 EXHIBIT D http://,,,,,,,,, .ch ulavistaca.gov ICitv Services/Adm inistra tive Services/City ClerkfPD Fs/CV Charter Feb2009.pdf ARTICLE III. CITY COUNCIL. Sec. 300. Members, Eligibility and Terms. A. There shall be a City Council of five members, consisting of four Council members and a Mayor, elected from the City at large at the times and in the manner provided in this Charter. B. No person shall be eligible to hold office as members of the City Council unless they are residents of the City ofChula Vista, and at the time of their election or appointment, qualified electors of the City or of territory annexed thereto. C. The term of each member of the City Council shall be for 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. The term for the Mayoral seat and Council seats numbered one (I) and two (2) shall be deemed to commence on every fourth anniversary of the first Tuesday of December of 1990 and the term for Council seats numbered three (3) and four (4) shall be deemed to commence on every fourth anniversary of the first Tuesday of December 1988. 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 andlor Council for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. E. Each Council seat shall be numbered one (1) through four (4) respectively. Persons seeking election to the City Council shall at the time offiling nomination papers, select one of said seats as the Council position for which they seek election. F. Persons running for a Council office shall designate one of the two numbered Council seats as memorialized by resolution of the Chula Vista City Council on file in the office of the City Clerk. Should a vacancy occur at any time in a Council seat or seats, if said vacancy is to be filled by a special election as provided in Section 303 of the Charter, candidates for said vacancy shall similarly designate the appropriate numbered seat on their nominating paper. 13-7 EXHIBIT D G. Any person to be elected at a general municipal election for any numbered Council seat one through four or the office of Mayor or City Attornev for which nomination papers have been filed shall be deemed elected upon receipt ofa majority of the highest number of votes cast for the particular seat or the office of Mayor or City Attronev at the election. If no candidate at such ,;eneral municipal election reeei'.'es a JTI3:.jnrit)' of the "'otes ca"t, there shall be a special rut~off election, to be held on the same date as the statewide election date in 1>10\ ember immediate I:; folloY-in; the beneral mllAicipal electioR (if I~O statev.ide election is conducted, then OR the li"t Taesday afier the first \10nday of;-:ovcmber of each e','en numbered year), be!'....eeR the two caRdielat"s receivin,; the hi;hest and second hi;;hest Hllmber of ,,'otes iR the ;eneral Fl'IHnicipal election for ~aiel seat or the omce of Mayor, in order to determine the winner. 81' vcay or clarification, ties amon,; the candidate,c receivinb the t...;o hibbest number ofyotes at the beneral n:wlicipal e1ectiscl shall be re,colwd by a special run off election, H. Any person to be elected at a special municipal election called to fill a vacancy pursuant to the provision of Section 303 for any numbered Council seat one through four or the office of Mayor, for which nomination papers have been filed, shall be deemed elected upon receipt of a majority of the highest number of votes cast for the particular seat or the office of Mayor or City Attornev at the election, U-He camlidate at such special election receives a majority of the '.otes cast, there shall be a special run off election to be held on a date set by COlolAcil as soon after such special election as practical between the two candidates receiyin,; tke hi;;hest aHd second hibhest nUHlber of vo:e: in such special election for said seat or the office of Mayor in order to determine the winAer who shall be seated uf'on certification of the re,cults of the election. By way of clarification, tie; amonb candidates receiving the I"'co hi,;h",ct number of vote, at "lch special election sl:all be resolYed by a srecial run off election, I. If one afthe two eligible candidates dies on or before the ninetieth day rrior to the special run off electioA, his or her name shall not be placed on the ballot The candidate receiyin,; the third hi;hest l1un1ber of yates in the generall11tll1icipal election for said seat or the office of Mayor shall be offered bj' the City Clerk, the oprnrtHHit:,' to be placed OA the ballot in lieCl of the deceased, The City Cieri, shall make the offer in 'icr;!;n;; il11Hlediately Hpon notification of the death, The candidate shall aCfert or reject in ",ritin;; to the Cieri, withil1 fiye calendar elays of receipt of the City Clerk's offer. [f accepted, the special rem off electioH bctween the rel11aiAin;; candidate and H~e candidate receiving the third highest Humber shall be held, If rejected, there shall Be no nm offelection, anel the remaininb candidate shall be deemed elected as afthe date of sHch death, Jr, Any person to be elected at a special ran off election reqHired uHeler the provision of this section, shall be deemed elected upon receipt ofthe highest number of votes for the particular seat or the office of Mayor or City Attornev and shall be seated upon certification ofthe results of the election. Ties at such special run off election shall be resolved by lot. 13-8 EXHIBIT D Sec. 301. Powers. The City Council shall judge the qualifications of its members as set forth by the Charter. It shall judge all election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Each member of the City Council shall have the power to administer oaths and atTirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses. to examine them under oath and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testifY (upon other than constitutional grounds), shall constitute an infraction and shall be punishable in the same manner as violations of this Charter are punishable. The City Council shall cause the City Clerk to kecp a correct record of all its proceedings and at the demand of any member, or upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and nayes taken on such question to be entered in the minutes of the meeting. Sec. 302. Compensation for Councilmembers. The four Councilmembers shall receive, as compensation for their services, forty percent (40%) of the salary of the Mayor. They shall receive reimbursement on order of the City Council for Council-authorized travel and other expenses when on official duty of the City. The City Council may also provide, by resolution, for the payment, to Councilmembers of an allowance of a sum certain per month to reimburse them for the additional demands and expenses made upon and incurred by them in serving as Councilmembers. 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 otTice shall become vacant as of the date ofthe 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 ofthe 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 Councilor Mayor because of either the election of the current office holder to another seat on the Councilor other office requiring the surrender of the City office seat, and (2) if, between the time the 13-9 EXHIBIT D 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 ofthe office and until a successor qualities. C. Unanticipated Vacancies. Except under the circumstances hereinabove provided in paragraph B, the City Council shall till 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 ofthe vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code. a. If OI~e candidate receives the majority of votes cast for all candidates in the special election. lthe candidate receiving the n~ajority highest number of votes cast shall be deemed to be and declared by the Council to be elected to the vacant office. b. If no caRdidate receiws a majority of votes cast iR the special election. a special rUR otT electioR shall Be held on :he Re::t estaBlished election date, a" specified in the Elections Cede, or v,ithin 120 days followinf; the certification 13-10 EXHIBIT D of the speeial election results, whiche..er is practieaL unless there is a federal, slate, or local election sched,i1ed to be held within ~ 80 days followil1;; the cCl1ification of the special eleetion re~;ults, at .,chich time the COlomeil may consolidate the special run off election with that election, as jlrmided 13)' the Elections Codc. The t'so (2) eandidates re[eivin;; tIle hibhest number of votes east for tl,e vaeant seat in the first sjlecial election shall be the only cal:didates fDr the vacant Council seat and the name of only those two (2) candidates shall be printed on tRe ballot for that seat. ARTICLE IX. ELECTIONS. Sec. 900. General Municipal Elections; Terms. General municipal elections for the election of Citv Attornev. Mayor and Councilmembers and for such purposes as the City Council may describe shall be held in the City of Chula Vista on the same date in each election year as the California State primary General elections in Novemher. Sec. 901. Special Municipal Elections. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Sec. 902. Procedure for Holding Elections. Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California. as the same now exists or may hereafter be amended, .for the holding of elections in general law cities so far as the same are not in conflict with this Charter. Said elections except for Councilmembers-aflE!, Mayor. and Citv Attornev. may, at the discretion of the City Council, be conducted by means of a mailed ballot eliminating customary polling place operations. Sec. 903. Initiative, Referendum and Recall. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended governing the initiative and referendum and ofthe recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with this Charter. Sec. 904. Regulations of Campaign Contributions. It is the policy of the City to avoid the potential for undue or improper influence over elected officials resulting from excessive campaign contributions. In furtherance of that purpose, the City Council shall adopt reasonable regulations related to campaign contributions which shall be 13-11 contained in the City Code. EXHIBIT D 13-12 I I I 1 I 1 I 1-