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HomeMy WebLinkAbout2010/08/03 Item 14 " ~ CITY COUNCIL AGENDA STATEMENT ~\ft- CITY OF -$ (HUlA VISTA August 3, 2010, Item 1.4- 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 TUESDA Y, 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 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 'SCfr'-/ 4/STHS VOTE: YES ~ NO 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. 1,4-1 AUGUST 3, 2010, Item /4- Page 2 01'6 RECOMMENDA nON None. The City Attorney's Office is returning to Council with this itcm based on the request ofthe Council on July 27, 2010. DISCUSSION At the June 22, 20 I 0 City Council meeting, the City Council referred the issue of whether a measure related to eliminating mid-year elections 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, 2010, the Commission discussed the referred item. The consensus for this item was that no ballot mcasure 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 a proposed charter amendment that if approved would provide the framework for and require the creation of COlillcil 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 sufficient 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 18704.2(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 1 4-; 2, " ,. '-, AUGUST 3, 2010, Item I'\- Page 3 of 6 ONGOING FISCAL IMP ACT If submitted for the November 20 I 0 consolidated statewide election, all costs would be incurred in the current fiscal year. The Charter amendment eliminating primary elections would eliminate the need to conduct a run-off election, resulting in ongoing savings in future years (in both charges from the Registrar of Voters and internal costs to the City Clerk's Office associated with administering the election). ATTACHMENTS A. Amendments Eliminating Mid-Year Elections B. Election Cost Estimates Prepared by: David Miller, DepUly City Attorney 14-~. i' AUGUST 3, 2010, Item 14- Page 4 of6 ATTACHMENT A 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 scat one through four or the office of Mayor for which nomination papers have been filcd 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 (I) 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) it: 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 tilled 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. I. If a vacancy is declared by the Council with one (I) 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 14-4, . AUGUST 3, 2010, Item~ Page 5 of 6 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 (I) 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 mlmicipal 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. 14-;-5. ,.' ~.. AUGUST 3, 2010, Item /4- Page 6 of6 ATTACHMENT 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 14-6 _,I;' ,) -:Tie m .T32~. l'Xd 14 9/3/10 PeSoLtl.hlJl7 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 ELIMINATION OF MID- YEAR ELECTIONS; 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, 20 I 0, 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 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 eliminating mid-year elections 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 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 eliminate the mid-year general municipal election and instead hold YES the general municipal election on the same date in each election year as the California State general election held in November, and to eliminate the requirement that to be elected Mayor, Councilmember, or City Attorney the candidate must receive a majority of the votes cast and NO instead require that the candidate receive the most votes cast? 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 ELIMINATION OF MID- YEAR ELECTIONS; 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 I'v1EASURE; 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 14-:7. , . ;' 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 eliminating mid-year elections 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 cit on Tuesday, November 2, 2010, 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 elimination of mid-year elections; 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 fun therefor. Presented by: ,-- 14-8 /" '.