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HomeMy WebLinkAbout2010/08/03 Item 13 """.'''~ .~_. CITY COUNCIL AGENDA STATEMENT :-:;t::'.(f,! ,:~'\o"~~ ~\~ CITYOF ~- (HULA VISTA August 3, 2010, Item \'"2:, 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 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 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 SUBMITTED BY: CITY ATTORNEY '13€f\/ 4/5THS VOTE: YES 0NO D SUMMARY 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 27th 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. 13-1 AUGUST 3,2010, Item 13 Page 2 of II RECOMMENDATION None. The City Attorney's Office is returning to Council with this item based on the request of the Council on July 27,2010. DISCUSSION At the June 22, 2010 City Council meeting, the City Council referred the issue of whether a measure related to creating Council Districts should be placed on the November 2010 ballot to the Charter Review Commission for discussion. At the Charter Review Commission's meeting of July I, 20 I 0, the Commission discussed the referred item. 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. 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 0 ffice draft a proposed charter amendment that if approved would provide the framework for and require the creation of Council Districts. 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'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 sutlicient funds were available in the elections budget to place the measure on the November ballot. 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 I 8704.2(a)(l) 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 noted, 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 13-2 i . AUGUST 3, 2010. Item 13, . - Page 3 of II ONGOING FISCAL IMP ACT If submitted for the November 2010 consolidated statewide election, all costs would be incurred in the current fiscal year. If adopted by the voters, the creation and administration of Council districts would result in a significant staff time investment. For example, staff time would be expended processing redistricting as a result of petitions, mid-decade censuses and decade censuses. As the City has never had Council districts in the past, it is not possible to quantify the fiscal impact associated with this Charter amendment with specificity at this time ATTACHMENTS A. Amendments Establishing Districts B. Election Cost Estimates Prepared by: David kfiller, Deputy City Attorney 13-.3 AUGUST 3, 2010, Item \ -<. Page 4 of 11 ATTACHMENT A Amendments Establishing Districts ARTICLE III. CITY COUNCIL. Sec. 300. Members, Eligibility and Terms. A. There shall be a City Council of five members, consisting offour Cmmcilmembers, 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 20]2 general municipal elections, no person shall be e1igib]e 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 shaH 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 (I) 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 of2012, 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 Oft Ice 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 s~ction 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. .13-4 AUGUST 3, 2010, Item l3 Page 5 of II (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 la\v 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 ofa 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 ofthe city, The Council shall act on such a recommendation at a regularly scheduled Council meeting. 1.3-5 AUGUST 3, 2010, Item \~ Page 6 of II Sec. 909. DISTRICT BOUNDARY CRITERIA. 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 underserved 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 ofChula Vista, the District boundaries shall conform to applicable State Law. (b) Communities ofInterest. 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 ofthe following: (1) population census of the United States Bureau of the Census; (2) State of California 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: (l) census tract lines of the United States Bureau of the 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: (l) 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 of Chula 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 fedcral 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 13-..6 AUGUST 3, 2010, Item \_-S Page 7 of 11 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 shall not be subject to the Referendum provisions contained in Section 903 of this Article. Sec. 911. RESTRICTIONS ON MODIFICATIONS. Notwithstanding any other provision ofthis 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 thc 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 affixcd 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 ifno 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 moditication 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 13-7 AUGUST 3, 2010, Item ,\ '::l.. Page 8 of II be supplemented within ten days of the date of the certificate by filing supplementary petitions identical to the petition originally filed, except as to signatures and matters required to be affixed by the signers, (t) 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: (I) 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 of Initiation 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:(l) 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 of the 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. SEe. 914 HEARING ON COUNCIL DISTRICT REPORT (a) Preparation of Report. No later than thirty days after publication of the notice of the initiation of proceedings required by Sec 913, the {:ity Manager shall prepare, complete, and file a Proposed Council District Report with the City Clerk. 13-8 AUGUST 3, 2010, Item l:<. Page 9 of 11 (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 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 imlividual, 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 1,3-9 AUGUST 3, 2010, !tern I ~. Page 10 of 11 designated thereon. The Development Services Department shall maintain the record of the Office Council District Map, including by electronic media, as it may be amended by Council. SEe. 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, etIective 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. 13-10 /' . ' AUGUST3,2010,ltem \":S Page 11 of II A TT ACHMENT B 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 Staffing 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 13-11 /IG -II X+eA1L 1:3 Y/3/1O '1!eVi<;tc 110'&>LuJt{)Yt 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 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 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 13,2010; 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: 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 establishing Council Districts 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; 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 2010-148 and 2010-181. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: SECTION 1. 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 provide for the establishment of Council Districts and to have each YES Councilmember elected by the voters of the Councilmember's respective Council District? 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 II. 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. ~ 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 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 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 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 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 13-12 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 establishing Council Districts 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. 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, 2101, for the purpose of submitting to the qualified electors of the 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 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. Presented by: 13-::-13