Loading...
HomeMy WebLinkAboutAgenda Packet 2010/07/27 Item 1 CITY COUNCIL AGENDA STATEMENT ~ ~ If:. CITY OF .~~ CHULA VISTA ITEM TITLE: JULY 27, 2010, Item~ RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2,2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER SECTION 300(D) RELATING TO TERM LIMITS FOR THE MAYOR AND COUNCILMEMBERS; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DUL Y AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2,2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER TO ADD SECTION 503(E) RELATING TO TERM LIMITS FOR THE CITY ATTORNEY; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2,2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A 1-1 JULY 27, 2010, Item~ Page 2 of 16 MEASURE TO AMEND CITY CHARTER ARTICLES III AND IX RELATING TO THE CREATION OF COUNCIL DISTRICTS; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER ARTICLES III AND IX RELATING TO THE ELIMINATION OF MID- YEAR ELECTIONS; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO_ PREPAREANIMPtJ...RT ,AN / IS THEMEASU SUBMITTED BY: CITY ATTORNEY. It 4/STHS VOTE: YES ~ NO D SUMMARY Pursuant to City Council direction at the July 13, 2010, meeting, the City Attorney's office is bringing forth four (4) proposed Charter amendments for review, discussion, and action by the City Council. ENVIRONMENTAL REVIEW The environmental review coordinator has review this action and determined that it is not a "project" as defined by CEQA. 1-2 JULY 27, 2010, Item~ Page 3 of 16 RECOMMENDATION None. The City Attorney's Office is bringing forth this item at the request of Council made at the Council hearing on July 13, 2010. The materials herein, including the language of proposed Charter amendments, were required to be researched, drafted, and prepared for Council consideration in less than 2 weeks. The Office believes that this was an insufficient amount of time to conduct adequate review as required by our rules of professional conduct. PREVIOUS ACTIONS RELATED TO TERM LIMITS At the Council meeting of July 8, 2008, the City Council reviewed a recommendation by the Charter Review Committee to adopt a lifetime 2-term limitation for Councilmembers and Mayor. The recommendation was rejected 3-1, with Councilmember Ramirez voting against rejection. On November 4, 2008, Proposition Q (Prop Q) was placed on the ballot. Prop Q was to make the City Attorney an elected officer of the City Of Chula Vista. The "Arguments Against Prop Q" cited one of the reasons to vote against Proposition was that "it doesn't have term limits!" In addition, the "Rebuttal to the Argument For" again emphasizes that the elected city attorney measure should be rejected because it contained "NO term limits." The voters approved Prop Q (58.84% to 41.16%) regardless of the lack of term limits. DISCUSSION Councilmember Mitch Thompson drafted and circulated a memo dated June 17, 2010, related to establishing term limits for city councilmembers and mayor and placing a measure on the November 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 Review Commission for discussion: 1.) 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 mid-year 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. 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 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 1-3 JULY 27,2010, Iteml Page 4 of 16 referred by Council was that no ballot measure should go forward at this time. The reasons for the opposition included the need 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. A report detailing the discussion of the Charter Review Commission was drafted and presented to Council on July 13,2010. Following the close of public comment, the Council requested that the City Attorney's office draft proposed charter amendments that if approved would: 1.) remove the requirement that Councilmembers and the Mayor wait one year following serving two consecutive terms prior to seeking nomination and election to an office of Councilor Mayor, respectively, and limit the number of terms that an individual may serve as either a Councilmember or Mayor to two lifetime terms; 2) establish a two term maximum lifetime limit for individuals serving as the elected City Attorney; 3.) provide the framework for and require the creation of Council Districts; and 4.) eliminate the mid-year elections and remove the requirement that an individual obtain a simple majority vote, thereby allowing the individual candidate receiving the highest number of votes cast be deemed elected. The Council additionally asked the City Clerk to prepare a rough estimate of costs associated with placing a measure on the November 2010 ballot. The City Attorney has drafted proposed language for the Council's consideration. That language is contained in Attachments A - D to this Agenda Statement. The Clerk's estimate of costs is contained in Attachment E. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and, consequently, the 500-foot rule found in California Code of Regulations Section 18704.2( a) (1 ) is not applicable to this decision. CURRENT FISCAL IMP ACT See Attachment E. ONGOING FISCAL IMP ACT A TT ACHMENTS A. Amendment to Term Limits - Mayor and City Council B. Amendment Creating Term Limits - City Attorney C. Amendments Establishing Districts D. Amendments Eliminating Primaries E. Election Cost Estimates Prepared by: David Miller, Deputy City Attorney 1-4 JULY 27, 2010, Item~ Page 5 of 16 ATTACHMENT A Amendment to Term Limits - Mayor and Council Sec. 300. Members, Eligibility and Terms. D. No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) full terms, where a term of service is four (4) years, and no person who has held a Council office for a period of two (2) full terms or the office of Mayor for two (2) full terms, may again seek nomination and election to said offices of Councilor Mayor, respectively. If a person serves a partial term in excess of two (2) years, it shall be considered a full term for the purpose of this provision. The above-referenced lifetime term limitation shall only apply to terms of office that began on or after December 8, 2010. 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 two (2) consecutive terms, including terms of office that began prior to December 8, 2010, to again seek nomination and election to the office of City Councilmember or Mayor, respectively, until a period of one (1) year from the termination of the second term for Councilmember or Mayor has elapsed. 1-5 JULY 27,2010, ItemL Page 6 of 16 ATTACHMENT B Amendment Creating Term Limits - City Attorney Sec. 503 (e) Tenn of Office of the City Attorney. The City Attorney shall be elected to a nominal tenn of four (4) years, which tenn shall commence on the first Tuesday of December of the year of the election 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 (2) full tenns, and no person who has held the Office of City Attorney for two (2) full tenns may again seek nomination and election to said office. If a person serves a partial tenn in excess of two (2) years, it shall be considered a full tenn for the purpose of this provision. The above-referenced lifetime tenn limitation shall apply only to tenns of office that begin on or after December 8, 2010. 1-6 JULY 27, 2010, Item~ Page 7 of 16 ATTACHMENT C Amendments Establishing Districts ARTICLE III. CITY COUNCIL. Sec. 300. Members, Eligibility and Terms. A. There shall be a City Council of five members, consisting of four Councilmembers, elected by district, and a Mayor, elected from the City at large, at the times and in the manner provided in this Charter. B. Commencing with the 2012 general municipal elections, no person shall be eligible to seek any Council District elective office unless they are residents of that District, and at the time of their election or appointment, qualified electors residing in the District in which they are seated. Each Councilmember holding a District Office shall reside within their Council District during their entire term of office. Notwithstanding any other provision of law, the term of office of a duly elected City Councilmember shall not be affected by the establishment or change in boundaries of a district that he or she represents. Notwithstanding the foregoing, this provision shall apply to Council seats one (1) and two (2) starting with the 2014 general municipal elections. E. A Council seat shall be identified by a number one (1) through four (4), which number shall correspond to the District contained within the boundaries established or thereafter modified and identified by such number depicted on that certain "Official Council District Map" on file in the Office of the City Clerk. Persons seeking election to the City Council shall at the time of filing nomination papers, select one of said seats as the Council position for which they seek election and identify said seat on all nomination papers, certificates of election, and all election papers referring to the office. ARTICLE IX. ELECTIONS Sec. 905. MANNER OF ELECTION (COUNCIL DISTRICTS). Beginning at the general municipal election of 20 12, the Council offices established under Charter Section 300 shall be elected by district at the times and in the manner provided in this Charter. The Office of Mayor shall continue to be elected on an at-large basis. Sec. 906 DETERMINATION OF COUNCIL DISTRICT BOUNDARIES (DEFINITIONS). Unless the particular provision or context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this article. (a) "Establishment" means the formation, by ordinance, of Councilmanic districts One through Four and the determination of the boundaries thereof. The "Establishment" shall be based on information contained in the United States 2010 decennial census. 1-7 JULY 27, 2010, Item~ Page 8 of 16 (b) "Modification" means any change by ordinance of the boundaries of Council Districts previously established, however such change is initiated. (c) "Council District Report" means a written document presented by the City Manager that provides the Council with information, an analysis of such information, and a recommendation for the Establishment or Modification of the boundaries of Council Districts. Such Council District Report shall include: (1 ) the Council Districts proposed to be Established or Modified; (2) the suggested boundaries for those districts to be Established or Modified; and (3) such supporting information as the City Manager deems relevant and material, which information may include maps, diagrams, tables, statistics, and public comment. Sec. 907. ESTABLISHMENT OF DISTRICTS. On or before the first day of November 2011, the City Council, by ordinance, shall establish the boundaries of all Council Districts of the City of Chula Vista. The districts shall be nearly equal in population as may be and shall comply with the applicable provisions of Section 1973 of Title 42 of the United States Code, as amended. In establishing the boundaries of the districts, the City Council shall review the Council District Report and may give consideration to the following factors: (a) topography, (b) geography, (c) cohesiveness, contiguity, integrity, and compactness of territory, and (d) community of interests of the districts. The City Council may establish further rules and procedures by ordinance, consistent with this Article, to implement its provisions. Sec. 908 MODIFICATION OF DISTRICTS (a) Required Modification. On or before the first day of November 2021 and on the November of the year following the year in which each subsequent decennial federal census is taken. If the results of such census identify changes in the population, which by law would require a change in District boundaries, The Council, through the introduction and adoption of an ordinance, shall adjust the affected Districts. (b) Modification by Other Means. Modification proceedings may be initiated at any time other than that identified in Section 908(a) by (1) the filing of a petition pursuant to the provisions of Section 912; (2) by the adoption of a resolution of initiation by the Council at such time as Council deems necessary; or (3) on the fifth year following the required modification proceedings identified in Section 908(a) based upon recommendation of the City Manager, which recommendation shall identify observable changes to the population of the city, including the composition thereof. The changes identified shall be based on the federal mid-decade census or official census of the city, The Council shall act on such a recommendation at a regularly scheduled Council meeting. Sec. 909. DISTRICT BOUNDARY CRITERIA. 1-8 JULY 27, 2010, Item~ Page 9 of 16 Council Districts are Established and Modified for the purpose of ensuring and enforcing the rights and protections related to the right to vote granted by the state and federal constitutions and associated rules and regulations by establishing district representation that provides fair, just, and equal representation of all citizens of this city; protects those classes of citizens who may otherwise be disenfranchised; and enhances the representation of under served areas of the city. In order to implement this guiding principle, the following criteria shall be utilized in fixing Council District boundaries: (a) Recognizing the sovereign power of the Charter City of Chula Vista, the District boundaries shall conform to applicable State Law. (b) Communities of Interest. Any identifiable geographic concentration of persons sharing common social, political, and economic interests shall be, insofar as reasonably possible, located within the same Council District. (c) Population. Population within the districts shall be as nearly equal in population as may be according to the most current of the following: (1) population census of the United States Bureau of the Census; (2) State of Cali fomi a Department of Finance City and County Population Estimates; and (3) statistics compiled by the Development Services Department based on (1) or (2) above. Any other census, estimate, survey, and population projection may be considered. (d) Boundary Lines. Unless good cause requires otherwise, Council district boundaries shall be: (1) census tract lines of the United States Bureau ofthe Census; (2) streets (excluding alleys), highways, or freeways; (3) railroad rights-of-way; (4) waterways; or (5) natural or artificial barriers. (e) Contiguous and Compact. To the extent possible, Council District boundaries shall take into account the following requirements: (1) territory shall be so located in Council Districts as to promote contiguity and compactness of such districts; (2) territory of a Council District shall be contiguous except as to any territory which is wholly noncontiguous to any Council District upon annexation; and (3) Council Districts shall be compact except for any irregularity of the City of Chula Vista boundaries. Sec. 910. DISTRICTING COMMITTEE. The City Council may appoint a Committee composed of residents of the City ofChula Vista to study the Establishment and Modification of Districts and make a report to the City Council of its findings. If the Council chooses to form a Committee, it shall be established on or before the first day in June of the year following the decennial federal census. Any Committee formed by the City Council shall hold at least one public hearing prior to submitting its report to the City Council. Any Committee appointed by the Council shall submit its report on or before the first day in August of the year following the year in which the decennial federal census is taken. If the City Council considers Modifications to District boundaries based on a Petition, significant annexations or other shifts in population between the decennial censuses, it may form a Citizen's Advisory Committee on terms it shall establish. Any Ordinance establishing District boundaries 1-9 JULY 27, 2010, Item~ Page 10 of 16 shall not be subject to the Referendum provisions contained in Section 903 of this Article. Sec. 911. RESTRICTIONS ON MODIFICATIONS. Notwithstanding any other provision of this Article, a Modification of the boundaries of a Council District shall not be made within ninety (90) days prior to the final date of voter registration for an election where the boundaries are changed or between the general municipal election and the special runoff election specified in Charter Section 300(G) for the affected Council District, and no boundary shall be modified so as to exclude any incumbent from office prior to the expiration of that incumbent's term. Sec. 912. PETITION TO MODIFY CITY COUNCIL DISTRICTS. Proceedings for the Modification of any Council district may be initiated by the filing of a petition with the City Clerk in compliance with the provisions of this section. (a) Contents. A petition shall consist of the following parts: (1) the names and residence addresses of at least one but not more than five proponents of the petition; (2) a statement and/or map identifying the Council Districts to be modified, describing the proposed Modification, and containing reasons for such Modification; and (3) qualified signatures of registered voters. (b) Qualified Signatures. No signature shall be qualified unless personally affixed by the signer who additionally shall affix the date of such signature and his or her: (1) printed name; (2) residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained; and (3) the number of the Council district in which such residence address is located. (c) Number of Qualified Signatures. The number of qualified signatures required to initiate proceedings for the modification of any Council district shall be equal in number to not less than 15% of the registered voters residing in a Council district to be affected by the proposed Modification, or 10% of the registered voters of the city, according to the County Clerk's last official report of registration to the Secretary of State; provided, that only signatures which were affixed within the last ninety days immediately before the petition is filed with the City Clerk shall be counted. (d) Ascertainment of Requisite Signatures. Within thirty days from the filing of a petition, the City Clerk shall ascertain whether or not the petition was signed in a timely manner by the requisite number of qualified signatures. The City Clerk shall file with the petition a certificate showing the results of the examination. The City Clerk shall give the proponents a copy of the certificate upon their request. (e) Insufficient Petition. If the petition contains an insufficient number of signatures on its face, it shall be filed and no further proceedings had thereon. If the petition contains the requisite number of signatures but an insufficient number are qualified, the petition may be supplemented within ten days of the date of the certificate by filing supplementary 1-10 JULY 27, 2010, ItemL Page 11 of 16 petitions identical to the petition originally filed, except as to signatures and matters required to be affixed by the signers. (f) Supplementary Petition. Within ten days after the supplementary petitions are filed, the City Clerk shall make a certificate showing whether or not the petition as supplemented is sufficient. (g) Insufficient Supplemented Petition. If the certificate shows that the petition as supplemented is insufficient, no action shall be taken thereon and the petition shall remain on file. (h) Sufficient Petition. If the certificate shows that the petition, together with any supplementary petition, is sufficient, it shall be submitted to the Council at its next regular meeting. The certificate shall contain: (1) an identification of the Council Districts to be modified; (2) a description of such Modification; (3) reasons for such Modification; (4) the number of signatures required by this article; (5) the total number of signatures on the petition: (6) the number of qualified signatures on the petition; and (7) the number of disqualified signatures on the petition. Following Council action accepting the petition as sufficient, proceedings to modify Council Districts shall be initiated. SEe. 913. INITIATION OF PROCEEDINGS TO ESTABLISH OR MODIFY COUNCIL DISTRICTS. (a) Notice ofInitiation of Proceedings: Prior to any hearing to Establish or Modify district boundaries, the City Clerk shall give notice that proceedings are being initiated for such purpose as follows:(I) Publication of Notice. The City Clerk shall give notice of the proceedings by: (i) publication at least once in a newspaper of general circulation in the city; (ii) mailing copies ofthe notice to any individual, group, or organization which has previously requested such notice; and (iii) posting notice on the City of Chula Vista's official website. (2) Contents of Notice. The notice of proceedings shall contain the following information: (i) the manner by which such proceedings were initiated; (ii) a statement that a Council District Report is being prepared by the City Manager; and (iii) a statement that public comment may be submitted in writing to the City Manager within fifteen days after publication of the notice. (b) Failure to give any notice specified in this section shall not invalidate any boundaries fixed in accordance with the proceedings herein. SEC. 914 HEARING ON COUNCIL DISTRICT REPORT (a) Preparation of Report. No later than thirty days after publication of the notice ofthe initiation of proceedings required by Sec 913, the City Manager shall prepare, complete, and file a Proposed Council District Report with the City Clerk. (b) Public Notice of Hearing on Report. The City Clerk shall give notice of the public hearing on the Council District Report by publication at least once in a newspaper of 1-11 JULY 27,2010, ItemL Page 12 of 16 general circulation in the city no later than ten days after the filing of such Report. The City Clerk shall also give notice by mailing copies of the notice to any individual, group, or organization that has previously requested such notice. The notice shall also be posted on the City of Chula Vista's official website. The notice shall contain the following information: (1) a statement that proceedings for Establishment or Modification of Council Districts, whichever is the event, are being held; (2) identification of the Council Districts proposed to be Established or Modified; (3) the date, time, and place of the hearing at which the Council District Report will be presented and at which public comment may be given; and (4) a statement that the Council District Report is available for public review in the office of the City Clerk and, if available at other public places for review, the location of such other public places. (c) Conduct of Council Hearing. On the time, date, and place identified on the Notice of Public Hearing on the Report, at a regular City Council meeting, the Council shall conduct a public hearing pursuant to City Council rules. (d) Failure to give any notice specified in this section shall not invalidate any boundaries fixed in accordance herewith. SEC. 915. ADOPTING DISTRICT BOUNDARIES BY ORDINANCE. Within fifteen days following the close of the hearing required by Section 913, the Council shall, if the sufficient evidence is presented, by ordinance, approve the boundaries set forth in the Council District Report, or such other boundaries as it deems appropriate considering the criteria set forth in Section 909 and the public comment received in accordance with this section. SEC. 916. ADOPTION OF COUNCIL DISTRICT MAP. (a) At the time of adoption of the ordinance approving district boundaries, such boundaries shall be memorialized in a map bearing the following identification: "COUNCIL DISTRICTS," which map shall Establish or Modify four Council Districts and the boundaries thereof as designated on such map. The name of each Council district designated in color on such map (b) Such adopted map, as may be amended from time to time pursuant to this article, shall be known as the "Official Council District Map." (c) The Official Council District Map shall be kept on file in the City Clerk's Office. The City Clerk shall keep a record of all ordinances amending the Official Council District Map. The Development Services Department, or such department that may hereafter be established to perform similar functions, shall immediately cause designation of such amendments to be placed upon the Official Council District Map. The Official Council District Map as adopted in the manner identified herein and as subsequently amended shall be prima facie evidence of the existence and legality of the Council Districts designated thereon. The Development Services Department shall maintain the record of 1-12 ruL Y 27, 2010, Item~ Page 13 of 16 the Office Council District Map, including by electronic media, as it may be amended by Council. SEC. 917. ANNEXATIONS. Any territory, which is annexed or otherwise attached to the city, shall be allocated to a Council District pursuant to the provisions of this section, effective upon the completion of such annexation or other proceedings. (a) Contiguous Territory. If the annexed or otherwise attached territory's boundary is contiguous to the boundary of not more than one Council District, such territory shall be allocated to such Council District. If the territory's boundary is contiguous to the boundaries of two or more Council Districts, the City Manager shall make recommendations to the Council for the allocation of all or portions of the territory to Council Districts based on criteria contained in this Section 900. (b) Wholly Noncontiguous Territory. If the annexed or otherwise attached territory's boundary is not contiguous with the boundary of any Council District, the distances between the boundaries of such territory and Council Districts in the proximity of such territory shall be ascertained, and such territory shall be allocated to the Council District to which the distance is the shortest. 1-13 JULY 27, 2010, Item~ Page 140f16 ATTACHMENT D Elimination of Mid-Year Elections ARTICLE III. CITY COUNCIL. Sec. 300. Members, Eligibility and Terms. G. Any person to be elected at a general municipal election 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 the highest number of the votes cast for the particular seat or the office of Mayor at the election when compared to the number of votes received by any other individual candidate running for such seat or office of Mayor. Ties shall be resolved by lot. 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 the highest number of the votes cast for the particular seat or the office of Mayor at the election when compared to the number of votes received by any other individual candidate running for such seat or office of Mayor. Ties shall be resolved by lot. Sec. 303. Vacancies. B. 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 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 of the office or until a successor qualifies. C. Other 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 1-14 JULY 27, 2010, Item~ Page 15 of 16 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. 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. The candidate that receives the highest number of votes cast in the special election when compared to the number of votes received by any other individual candidate for such seat, that candidate shall be deemed to be and declared by the Council to be elected to the vacant office. Ties shall be resolved by lot. ARTICLE IX. ELECTIONS. Sec. 900. General Municipal Elections; Terms. General municipal elections for the election of 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 general elections in November. 1-15 JULY 27, 2010, Item~ Page 16 of 16 ATTACHMENT E Election Cost Estimates San Diego County Registrar of Voters: November 2010 Election: $35,000 - $50,000 per measure (5-10 pages) (The City's portion of the County's overall election costs is weighted based on the number of registered voters, number of measures, and number of sample ballot pages needed.) City Clerk's Office estimated costs: Administration: Campaign Statements: Public Records Act Requests: Records Management: General Customer Service: Average Supplies and Services: Total $8,600 per measure $2,900 per measure $2,200 per measure $300 per measure $1,600 per measure $435 per measure $ 16,305 per measure 1-16 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2,2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER SECTION 300(D) RELATING TO TERM LIMITS FOR THE MA YOR AND COUNCILMEMBERS; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE WHEREAS, Councilmember Mitch Thompson drafted and circulated a memo dated June 17, 2010, related to establishing term limits for city councilmembers and mayor and placing a measure on the November 2010 election; and WHEREAS, at the June 22, 2010 City Council meeting this issue was brought up and discussed during Councilmember Thompson's comments; and WHEREAS, following discussion on the matter, City Council referred several items to the city's Charter Review Commission for discussion: 1.) 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; and WHEREAS, at the Charter Review Commission's meeting of July 1, 2010, the Commission discussed all of the referred items; and WHEREAS, a report detailing the discussion of the Charter Review Commission was drafted and presented to Council on July 13,2010; and WHEREAS, following the close of public comment, the Council requested that the City Attorney's office draft proposed charter amendments that if approved would: 1.) remove the requirement that Councilmembers and the Mayor wait one year following serving two consecutive terms prior to seeking nomination and election to an office of Councilor Mayor, respectively, and limit the number of terms that an individual may serve as either a Councilmember or Mayor to two lifetime terms; 2.) establish a two term maximum lifetime limit for individuals serving as the elected City Attorney; 3.) provide the framework for and require the creation of Council Districts; and 4.) eliminate mid-year elections and remove the 1-17 requirement that an individual obtain a simple majority vote, thereby allowing the individual candidate receiving the highest number of votes cast be deemed elected; and WHEREAS, the Council additionally asked the City Clerk to prepare a rough estimate of costs associated with placing a measure on the November 2010 ballot; and WHEREAS, the City Attorney's office and the City Clerk have returned to City Council at the time and date requested, which hearing was duly noticed, for the review and potential action of City Council. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby call for and give notice of a special election to be held in said cit on Tuesday, November 2, 2101, for the purpose of submitting to the qualified electors ofthe city, a measure to amend the City Charter Section 300(d), relating to term limits for the mayor and city councilmembers; consolidate the election with the statewide election; request the Board of Supervisors of the County of San Diego permit the Registrar of Voters to conduct such election; authorize the City Clerk or her duly authorized agents to carry out the necessary procedures for such election; and direct the City Attorney to prepare an impartial analysis of the measure. -----.-..--- 1-18 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER TO ADD SECTION 503(E) RELATING TO TERM LIMITS FOR THE CITY ATTORNEY; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DUL Y AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREP ARE AN IMPARTIAL ANALYSIS OF THE MEASURE WHEREAS, Councilmember Mitch Thompson drafted and circulated a memo dated June 17, 2010, related to establishing term limits for city councilmembers and mayor and placing a measure on the November 2010 election; and WHEREAS, at the June 22, 2010 City Council meeting this issue was brought up and discussed during Councilmember Thompson's comments; and WHEREAS, following discussion on the matter, City Council referred several items to the city's Charter Review Commission for discussion: 1.) 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; and WHEREAS, at the Charter Review Commission's meeting of July 1, 2010, the Commission discussed all of the referred items; and WHEREAS, a report detailing the discussion of the Charter Review Commission was drafted and presented to Council on July 13,2010; and WHEREAS, following the close of public comment, the Council requested that the City Attorney's office draft proposed charter amendments that if approved would: 1.) remove the requirement that Councilmembers and the Mayor wait one year following serving two consecutive terms prior to seeking nomination and election to an office of Councilor Mayor, respectively, and limit the number of terms that an individual may serve as either a Councilmember or Mayor to two lifetime terms; 2.) establish a two term maximum lifetime limit for individuals serving as the elected City Attorney; 3.) provide the framework for and require the creation of Council Districts; and 4.) eliminate mid-year elections and remove the 1-19 requirement that an individual obtain a simple majority vote, thereby allowing the individual candidate receiving the highest number of votes cast be deemed elected; and WHEREAS, the Council additionally asked the City Clerk to prepare a rough estimate of costs associated with placing a measure on the November 2010 ballot; and WHEREAS, the City Attorney's office and the City Clerk have returned to City Council at the time and date requested, which hearing was duly noticed, for the review and potential action of City Council. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby call for and give notice of a special election to be held in said cit on Tuesday, November 2,2101, for the purpose of submitting to the qualified electors of the city, a measure to amend the City Charter Section 503( e), relating to term limits for the City Attorney; consolidate the election with the statewide election; request the Board of Supervisors of the County of San Diego permit the Registrar of Voters to conduct such election; authorize the City Clerk or her duly authorized agents to carry out the necessary procedures for such election; and direct the City Attorney to prepare an impartial analysis of the measure. 1-20 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2,2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER ARTICLES III AND IX RELATING TO THE CREATION OF COUNCIL DISTRICTS; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DUL Y AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE WHEREAS, Councilmember Mitch Thompson drafted and circulated a memo dated June 17, 2010, related to establishing term limits for city councilmembers and mayor and placing a measure on the November 2010 election; and WHEREAS, at the June 22,2010 City Council meeting this issue was brought up and discussed during Councilmember Thompson's comments; and WHEREAS, following discussion on the matter, City Council referred several items to the city's Charter Review Commission for discussion: 1.) 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; and WHEREAS, at the Charter Review Commission's meeting of July 1, 2010, the Commission discussed all of the referred items; and WHEREAS, a report detailing the discussion of the Charter Review Commission was drafted and presented to Council on July 13,2010; and WHEREAS, following the close of public comment, the Council requested that the City Attorney's office draft proposed charter amendments that if approved would: 1.) remove the requirement that Councilmembers and the Mayor wait one year following serving two consecutive terms prior to seeking nomination and election to an office of Councilor Mayor, respectively, and limit the number of terms that an individual may serve as either a Councilmember or Mayor to two lifetime terms; 2.) establish a two term maximum lifetime limit for individuals serving as the elected City Attorney; 3.) provide the framework for and require the creation of Council Districts; and 4.) eliminate mid-year elections and remove the 1-21 requirement that an individual obtain a simple majority vote, thereby allowing the individual candidate receiving the highest number of votes cast be deemed elected; and WHEREAS, the Council additionally asked the City Clerk to prepare a rough estimate of costs associated with placing a measure on the November 2010 ballot; and WHEREAS, the City Attorney's office and the City Clerk have returned to City Council at the time and date requested, which hearing was duly noticed, for the review and potential action of City Council. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby call for and give notice of a special election to be held in said cit on Tuesday, November 2,2101, for the purpose of submitting to the qualified electors ofthe city, a measure to amend the City Charter Articles III and IX, relating to the creation of Council Districts; consolidate the election with the statewide election; request the Board of Supervisors of the County of San Diego permit the Registrar of Voters to conduct such election; authorize the City Clerk or her duly authorized agents to carry out the necessary procedures for such election; and direct the City Attorney to prepare an impartial analysis of the measure. ///''l 1-22 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER ARTICLES III AND IX RELATING TO THE ELIMINATION OF MID-YEAR ELECTIONS; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE WHEREAS, Councilmember Mitch Thompson drafted and circulated a memo dated June 17, 2010, related to establishing term limits for city councilmembers and mayor and placing a measure on the November 2010 election; and WHEREAS, at the June 22, 2010 City Council meeting this issue was brought up and discussed during Councilmember Thompson's comments; and WHEREAS, following discussion on the matter, City Council referred several items to the city's Charter Review Commission for discussion: 1.) 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; and WHEREAS, at the Charter Review Commission's meeting of July 1, 2010, the Commission discussed all of the referred items; and WHEREAS, a report detailing the discussion of the Charter Review Commission was drafted and presented to Council on July 13,2010; and WHEREAS, following the close of public comment, the Council requested that the City Attorney's office draft proposed charter amendments that if approved would: 1.) remove the requirement that Councilmembers and the Mayor wait one year following serving two consecutive terms prior to seeking nomination and election to an office of Councilor Mayor, respectively, and limit the number of terms that an individual may serve as either a Councilmember or Mayor to two lifetime terms; 2.) establish a two term maximum lifetime limit for individuals serving as the elected City Attorney; 3.) provide the framework for and require the creation of Council Districts; and 4.) eliminate mid-year elections and remove the 1-23 requirement that an individual obtain a simple majority vote, thereby allowing the individual candidate receiving the highest number of votes cast be deemed elected; and WHEREAS, the Council additionally asked the City Clerk to prepare a rough estimate of costs associated with placing a measure on the November 2010 ballot; and WHEREAS, the City Attorney's office and the City Clerk have returned to City Council at the time and date requested, which hearing was duly noticed, for the review and potential action of City Council. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby call for and give notice of a special election to be held in said cit on Tuesday, November 2,2101, for the purpose of submitting to the qualified electors ofthe city, a measure to amend the City Charter Articles III and IX, relating to the elimination of mid-year elections; consolidate the election with the statewide election; request the Board of Supervisors of the County of San Diego permit the Registrar of Voters to conduct such election; authorize the City Clerk or her duly authorized agents to carry out the necessary procedures for such election; and direct the City Attorney to preRare an impartial analysis of the measure. ,~ .-/~ c/ ,/' 1-24 City Attorney Term Limits [As of July 21, 2010] I fun 1- 9f~a1 (Ylee;hn~ '!2-7!fO 10 h Y\ ;I-f oDl- Albany: (17,000) Term Limits for City Council Yes: Two 4 year terms; more with 2 yrs intervening Source: Charter Section 2.02 Term Limits for City Attorney No Source: Review of Charter Residency Requirement Yes City Code Section 2-7.1 Years of Experience Requirement 5 years City Code Section 2-7.1 http://clerkshq . com/defa u It. ashx?c1ientsite:=a Iba ny-ca Chula Vista: (235,000) Term Limits for City Council Yes: Two 4 year terms; more with 1 yr intervening Source: Charter Section 300.0 Term Limits for City Attorney No Source: Review of Charter Residency Requirement No Years of Experience Requirement 7 years Charter Section 503(d) Compton: (99,000) Term Limits for City Council No Source: Review of Charter (Article V) Term Limits for City Attorney No Source: Review of Charter (Article V) 1 Residency Requirement Yes: Charter Article V, Section 503 Years of Experience Requirement 3 years Charter Article VII< Section 703 http://www . comptoncity. 0 rq/imaqes/stories/P D F /citych a rter. pdf Huntington Beach (202,000) Term Limits for City Council Yes: Two 4 year terms . Source: Charter Section 300 Term Limits for City Attorney No Source: Review of Charter Residency Requirement No Years of Experience Requirement 3 years Charter Section 309 http://www.ci.huntinqton-beach.ca.us/qove rn mentl cha rter codes/city ch arter. cfm Lonq Beach (495,000) Term Limits for City Council Yes: Two 4 year terms. Source: Charter Section 214 Term Limits for City Attorney No Source: Review of Charter Residency Requirement No Years of Experience Requirement 5 years Charter Section 601 http://library. m unicode. com/index. aspx?c1 ie ntld = 16 854&state Id=5&state Name=C alifornia :.> I '.- Los An~eles (4.1 million) Term Limits for City Council Yes: Three 4 year terms Source: Charter Section 206 Tern;~or City Attorney - and Mayor ~ Two 4 year terms Source: Charter Section 206 Residency Requirement Yes Charter Section 407 Years of Experience Requirement 5 years Charter Section 270 http://www.amleqal.com/nxtlqatewav.dll?f=templates&fn=default.htm&vid=am leq al:laac ca Oakland (432,000) Term Limits for City Council No: Source: Review of Charter (Section 204) Term Limits for City Attorney No Source: Review of Charter (Section 401 (3)) Residency Requirement Yes Charter Section 401 (2) Years of Experience Requirement 10 years Charter Section 401 (2) http://librarv.municode . comli ndex. aspx?c1 ie ntl d = 16308&statel d '" 5&stateName=C alifornia Redondo Beach (70,000) Term Limits for City Council No Source: Review of Charter. Article X, Section 10 Term Limits for City Attorney No 3 Source: Review of Charter. Article X, Section 10 Residency Requirement Yes Source: Article X, Section 10.3 Years of Experience Requirement 5 years Article XI, Section 11,2 http://www.qcode.us/codes/redond obeachl San Bernardino (205,000) Term limits for City Council No: Source: Review of Charter (Section 14) Term limits for City Attorney No Source: Review of Charter (Section 14) Residency Requirement Yes Charter Section 55(b) Years of Experience Requirement 5 years Charter Section 55(b) http://www.ci.san-bernardino.ca.us/civica/filebank/blobdload . asp? Blob I D=23 7 5 San Dieqo (1.4 million) Term Limits for City Council Yes Two 4 year terms Source: Charter Article III, Section 12(f) Term Limits for City Attorney Yes Two 4 year terms Source: Charter Article V, Section 40 Residency Requirement Yes Charter Article II, Section 7 Years of Experience Requirement None found http://www .sa nd ieqo. qov lcitv-de rk/officialdocs/leq isd ocs/cha rter. shtm I 4 San Francisco (860,000) Term Limits for City Council Yes Two 4 year terms; more with 4 years intervening Source: Charter Section 2.101 Term Limits for City Attorney No Source: Review of Charter Residency Requirement Yes Charter Section 13.106 Years of Experience Requirement 10 Years Charter Section 6.100 http://librarY.municode.com/indexaspx?c1ie ntld= 14130&stateld=5&stateName=C alifornia San Rafael (57,000) Term Limits for City Council No Source: Review of Charter (Article VI, Section 3) Tenn Limits for City Attorney No Source: Review of Charter (Article VI, Section 4) Residency Requirement: Yes Charter Article VI, Section 8) Years of Experience Requirement None found http://librarv.municode.com/index. aspx?clientld= 1661 O&stateld=5&stateN ame=California 5 SUMMARY Cities with Elected City Atty's 12 Albany Chula Vista Compton Huntington Beach Long Beach Los Angeles Oakland Redondo Beach San Bernardino San Diego San Francisco San Rafael Cities with Term Limits for City Atty's 2 Los Angeles San Diego Cities with Residency Requirement for City Atty 9 Albany Compton Los Angeles Oakland Redondo Beach San Bernardino San Diego San Francisco San Rafael Cities with Term Limits for City Council (7) wlo Term Limits for City Atty 5 Albany Chula Vista Huntington Beach Long Beach San Francisco 6