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HomeMy WebLinkAbout2010/08/03 Item 11 __{;r~ CITY COUNCIL AGENDA STATEMENT August 3, 2010, ItemJ.L ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY 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 TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARR Y OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; DIRECTING THE CITY ATTORNEY TO PREP ARE AN IMPARTIAL ANALYSIS OF THE MEASURE; AND APPROPRIATING FUNDS THEREFOR SUBMITTED BY: CITY ATTORNEY .~ 4/STHS VOTE: SUMMARY YES ~NO 0 At the July 13, 2010 City Council meeting, the City Council directed the City Attorney's office to draft and bring forth four (4) proposed . Charter amendments for review, discussion, and action by the City Council on July 27, 2010. During the July 27'h meeting, Council continued the item and requested that an accounting of available funds be prepared to determine if sufficient funds were available in the elections budget to pay for such measures to be placed on the November ballot or if such funds would need to be appropriated. ENVIRONMENTAL REVIEW The environmental review coordinator has reviewed this action and determined that it is not a "project" as defined by CEQA. 11-1 AUGUST 3, 2010, Iteml Page 2 of 5 RECOMMENDATION None. The City Attorney's Office is returning to Council with this item based on the request ofthe Council on July 27, 2010. 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 two-term limitation for Councilmembers and Mayor. The recommendation was rejected 3-1, with Councilmember Ramirez voting against rejection. 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 ballot. At the June 22, 2010 City Council meeting this issue was discussed during Councilmember Thompson's comments. Ultimately, the City Council referred the issue to the Charter Review Commission for discussion. At the Charter Review Commission's meeting of July I, 2010, the Commission discussed the referred item. 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. 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 a proposed charter amendment that if approved would 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. The Council additionally asked the City Clerk to prepare a rough estimate of costs associated with placing a measure on the November 20 I 0 ballot. The City Attorney's office drafted proposed language for the Council's consideration and the City Clerk prepared an estimate of costs. At the Council meeting of July 27, 2010, during Council deliberation, the City Council requested an accounting to determine if sufficient funds were available in the elections budget to place the measure on the November ballot. 11-'-2 AUGUST 3, 2010, Item~ Page 3 of 5 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 Having conducted the requested accounting, staff determined that insufficient funds are available and additional monies would need to be appropriated to place the measure on the ballot. Staff is returning to Council with this report and a new resolution for the ballot' measure, including a request for an appropriation of $50,000. As previously notet!, the City Clerk provided an estimate of $35,000 to $50,000 to place an additional measure on the ballot. It is recommended that $50,000 be appropriated in order to have sufficient funds available for the associated costs. See Attachment B ONGOING FISCAL IMPACT If submitted for the November 20 I 0 consolidated statewide election, all costs would be incurred in the current fiscal year. No ongoing fiscal impact is anticipated to result from the proposed Charter amendment, if approved by the voters. ATTACHMENTS A. Amendment to Term Limits - Mayor and City Council B. Election Cost Estimates Prepared by: David Miller, Deputy City Attorney 11-3 AUGUST 3, 2010, Item~ Page 4 of 5 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, 20 I 0, to again seek nomination and election to the office of City Councilmember or Mayor, respectively, until a period of one (I) year from the termination of the second term for Councilmember or Mayor has elapsed. ,1-1-4 AUGUST 3, 2010, ItemL Page 5 of 5 ATTACHMENT B Ejection 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 Statling Cost Estimates: 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 11-5 II ( rn 1/ '1/3/10 RESOLUTION NO. 2010- f2ev ISedR (' SI' L~ch L"rJ RESOLUTION OF THE CITY COUNCIL OF THE CITY 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 TO 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; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE; AND APPROPRIATING FUNDS THEREFOR 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 ballot; and WHEREAS, at the June 22, 2010 City Council meeting this issue was 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: 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 mid-year elections and hold only a general election; and WHEREAS, at the Charter Review Commission's meeting of July I, 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, 20 I 0; 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: I) 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 Resolution No. Page 2 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 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 returned to City Council at the time and date requested, which hearing was duly noticed, for the review and potential action of City Council; and WHEREAS, at the Council meeting on July 27, 2010, Council directed the City Clerk to conduct an accounting to determine whether additional funds would need to be appropriated to place a measure related to term limits for the Mayor and Councilmembers on the November 2010 ballot; and WHEREAS, insufficient funds are currently available, and additional monies in the amount of $50,000 will need to be appropriated in order to place this measure on the ballot; and WHEREAS, the Council previously authorized and called for a Special Municipal Election in Resolutions No. 2010-148 and 2010-181 and the Council wishes to also authorize and call for a special election for the purpose of submitting to the voters a Charter amendment, as stated in Section 2 of this resolution, at the same November 2,2010 Special Municipal Election called for by Resolutions 20 I 0-148 and 20 I 0-181. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION I. All of the foregoing recitals are true and correct. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election on November 2, 2010, the following question: Shall the Chula Vista City Charter be amended to repeal the provision that allows persons who have held the Office YES of Mayor or the Office of Councilmember for two consecutive terms to seek those Offices again after waiting one year, and to instead provide a lifetime two-term limit for the Offices of Mayor and Councilmembers? NO Resolution No. Page 3 SECTION 3. That the proposed Charter amendment to be submitted to the voters is attached as Exhibit "A." SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 5. Pursuant to California Elections Code Section 9282, the City Council hereby acknowledges its authority, and the authority of any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, to submit a written argument, not to exceed 300 words, for or against the measure. Arguments must be submitted to the City Clerk, and may be changed until and including the date fixed by the City Clerk, after which no arguments for or against the measure may be submitted, withdrawn or changed. SECTION 6. Pursuant Elections Code section 9285, rebuttal arguments will be allowed. The rebuttal arguments may not exceed 250 words. Rebuttal arguments must be submitted to the City Clerk, and may be changed until and including the date fixed by the City Clerk, after which no rebuttal arguments for or against the proposed measure may be submitted to the City Clerk. SECTION 7. Pursuant to California Elections Code Section 9280, the City Clerk is directed to transmit a copy of the measure to the City Attorney. The City Attorney is directed to prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk by the date fixed by the City Clerk. SECTION 8. 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 the election of the City of Chula Vista, in order to properly and lawfully conduct the election. SECTION 9. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day, in the same territory. Pursuant to Section 10411 and Section 10418 of the Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of the ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of returns of the election consolidated hereby. SECTION 10. Pursuant to Section 10410 and Section 10418 of the Elections Code within the territories affected by this consolidation, the elections precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of elections officers in each set of the precincts. Resolution No. Page 4 SECTION 11. 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 this election. SECTION 12. 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 election. SECTION 13. That the ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used therefor. SECTION 14. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 15. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 16. That the City Clerk shall certify to the passage and adoption of this resolution, and file it with the City's original resolutions. SECTION 17. That funds be appropriated to provide for the conduct of this Special Municipal Election. C. Mie feld C ty Attorney RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY 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 TO 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; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE; AND APPROPRIATING FUNDS THEREFOR 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 ballot; and WHEREAS, at the June 22, 2010 City Council meeting this issue was 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 thy 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; 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 11-6 Resolution No. Page 2 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 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 returned to City Council at the time and date requested, which hearing was duly noticed, for the review and potential action of City Council; and WHEREAS, at the Council meeting on July 27, 2010, Council directed the City Clerk to conduct an accounting to determine whether additional funds would need to be appropriated to place a measure related to term limits for the Mayor and Councilmembers on the November 20 I 0 ballot; and WHEREAS, insufficient funds are currently available, and additional monies in the amount of$50,000 will need to be appropriated in order to place this measure on the ballot. 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 City on Tuesday, November 2,2010, for the purpose of submitting to the qualified electors of the 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 to 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; direct the City Attorney to prepare an impartial analysis of the measure; and appropriate funds therefor. c& Presented by: 11 ~7.'_.. -J