Loading...
HomeMy WebLinkAbout19 APPROVAL OF RESOLUTION 10-73 & 10-74Agenda Item 19 • AGENDA R E P G RT C ty'Manager Finance Director MEETING DATE: JULY 6, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: CITY ATTORNEY SUBJECT: APPROVAL OF RESOLUTIONS: (1) INITIATING A BALLOT MEASURE TO DECLARE THE OFFICE OF CITY CLERK TO BE APPOINTIVE; AND (2) AMENDING THE RESOLUTION CALLING THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 2, 2010. SUMMARY During its recent budget hearings, members of the City Council discussed the possibility that long-term cost savings may be achieved if the Office of the City Clerk was made appointive, if that office is then staffed with an existing City employee. Upon review, it appears this proposal - if approved by the voters in an election -would allow the City to save both annual costs of compensating the elected City Clerk and the costs of conducting elections for the City Clerk position at each election cycle. Per City Council direction, the City Attorney has prepared the resolution and proposed initiative ordinance that would be required to initiate a ballot measure on November 2, 2010 for the purpose of changing the City Clerk position from elec#ive to appointive. A Resolution adopting conforming amendments to the Council's June 1 Resolution calling the municipal election for purposes of electing two members of the City Council has also been prepared. RECOMMENDATION It is recommended that the City Council: (1) Adopt Resolution 10-73 calling and giving notice of the election and requesting consolidation with Statewide Elections and amend the Tustin City Code to reflect any changes to the City Clerk position, to be implemented after the November 2, 2010 vote (Attachment 1); and (2) Adopt Amended Resolution No. 10-74 amending the Council's June 1, 2010 Resolution Calling a General Municipal Election on November 2, 2010 (Attachment 2}. 7!0459.4 FISCAL IMPACT !f the current elected City Clerk position is eliminated and the City appoints an existing employee at no extra compensation, the estimated cost savings to the City would be approximately $29,454 annually. The estimated additional one-time cost of adding this measure to the November 2, 2010 ballot would approximately $8,500. DISCUSSION On June 1, 2010, the Council adopted Resolution 10-58 calling a General Municipal Election to be held on November 2, 2010 for the purpose of electing two Members of the City Council and requesting consolidation of that elec#ion with the statewide election. During the Council's budget meetings, comments were made concerning the potential cost savings that might be realized by changing to an appointed, rather than elected, City Clerk. City Staff has reviewed the cost savings of such a proposal and the City Attorney has reviewed the legal process required to approve such a change. Direct cost savings would be expected to be $29,454 annually. Under Government Code section 36508 and Elections Code section 9222, the City Council has the authority, by resolution, to propose an initiative ordinance to the voters to declare the Office of the City Clerk to be an appointive office. If the City Council approves the attached Resolution at this meeting, the ballot measure would be voted upon at a regularly scheduled election on November 2, 2010. To proceed to place the proposed Initiative Ordinance on the November 2 ballot, attached Resolutions 10-73 and 10-74 would need to be approved. Resolution 10-73 would consolidate the proposed ballot measure with the Statewide Election, and Resolution 10-74 would amend the Council's June 1, 2010 Resolution (Resolution 10- 58) that called the General Municipal Election to clarify that the election will include both the proposed ballot initiative measure regarding appointment of the City Clerk, and the election of two City Council elections. As provided in State Law, the proposed Initiative Ordinance (if approved by the voters) would specify that the Council would appoint and remove the City Clerk. The Council could, if the Initiative Ordinance is approved by the' voters, later vest that appointment authority in the City Manager. 710459.4 According to the Orange County Registrar's calendar, the City should call for, and submit, the consolidation and proposal of the ballot measure before July 13, 2010. However, the City must call for, and submit, the consolidation and proposal of the ballot measure before August 6, 2010. If the deadline is not met, the ballot measure will no# be on the November 2, 2010 election. Attachments: 1. Resolution 10-73 2. Resolution 10-74 Douglas C, Holland, City Attorney David E. Kendig Assistant City Attorney 710459.4 ATTACHMENT A RESOLUTION NO. 10-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALLING AND GIVING NOTICE OF THE HOLDING. OF A GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS ACOUNCIL-INITIATED BALLOT MEASURE ON THE ADOPTION OF AN ORDINANCE PROVIDING THAT THE OFFICE OF THE CITY CLERK SHALL BE APPOINTIVE, SETTING PRIORITIES FOR THE FILING OF BALLOT ARGUMENTS, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, REQUESTING THE ELECTION DEPARTMENT OF THE COUNTY OF ORANGE TO CANVASS ELECTION RETURNS, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION ON NOVEMBER 2, 2010 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO ELECTIONS CODE SECTION 10403. WHEREAS, a consolidated Genera! Municipal Election on Tuesday, November 2, 2010, has been called by Resolution No. 10-58, adopted by the City Council on June 1, 2010; and, WHEREAS, the City of Tustin City Council desires to submit to the voters at the General Election on Tuesday, November 2, 2010, a City Council-initiated ballot measure pursuant to Elections Code Section 9222 and Government Code Section 36508; and WHEREAS, Government Code Section 36508 authorizes the City Council to submit to the City electorate the question whether the elected officers (other than Council members) shall be appointed by the City Council; and WHEREAS, it is appropriate to set the initiative measure for a general election date to be held on November 2, 2010. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, including Government Code Section 36508 and Elections Code Section 9222, a General Election of the City of Tustin is ordered and shall be held in the City of Tustin, California, on Tuesday, the 2nd day of November, 2010, in conjunction with the general municipal election, for the purpose of submitting to the qualified electors of the City the issue of whether to amend Sections 1421 and 1422 Page 1 of 5 710453.3 of the Tustin City Code to declare the office of the City Clerk to be an appointive office as reflected in the proposed Initiative Ordinance attached as Exhibit A (the "Tustin City Code Amendment".) SECTION 2, That the City Council does order the following question submitted to the voters at the election date specified above: Title: Initiative to Declare the Tustin City Clerk to an Appointive Office Shall the office of the City Clerk be appointive? Yes No SECTION 3. That the full text of fihe proposed initiative ordinance submitted to the voters by the City Council is attached hereto as Exhibit "A". SECTION 4. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 5. That the County Election Department is authorized to canvass the returns of the election ordered hereby, and that the election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 6. That the City Clerk is hereby directed to issue instructions to the County Election Department to take any and all steps necessary for the holding of the election. SECTION 7. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County of Orange Election Department. SECTION 9. That notice of the time and place of the holding of 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 '10. That pursuant to Elections Code Section 9282 the deadline for submitting arguments (not to exceed 300 words for and against the proposition to the Page 2 of 5 714453.3 City Clerk for transmittal to the Registrar of Voters is hereby set for August 6, 2010, at 5:00 p.m. SECTION 11. That pursuant to Elections Code Section 92$5 the deadline for submitting rebuttal arguments (not exceeding 250 words) to the City Clerk for transmittal to the Registrar of Voters is hereby set for August 16, 2010, at 2:00 p.m. SECTION 12. That the City Clerk is direc#ed to transmit to the City Attorney a copy of the initiative measure and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable law. SECTION 13. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 14. That the polls for the election shall be open at 7:00 am on the date of the election and shall remain open continuously from that time until 8:00 pm of the same day, when the palls shall be closed, except as provided in Elections Code Section 14401. SECTION 15. That the Board of Supervisors is requested to issue instructions to the County Elections Department and to take any and all steps necessary for the holding of the consolidated election. SECTION 16. That the ~ City recognizes that additional costs will be incurred by the County of Orange by reason of this consolidation and agrees to reimburse the County of Orange for any costs, and that the City Clerk is authorized to administer the election and all reasonable and actual election expenses shall be paid by the City upon presentation of properly submitted bill. SECTION 17. That if a majority of the voters approve the initiative ordinance, the City Council directs City staff to return to the Council thereafter with a proposed Ordinance for consideration by the City Council, pursuant to California Government Code Section 36510, that would vest in the City Manager the authority to appoint the City Clerk. SECTION 18. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED at a .regular meeting of the City Council held on the 6t" day of July, 2010. JERRY AMANTE, Mayor Page 3 of 5 710453,3 ATTEST: PAMELA STOKER, City Clerk STATE OF CALIFORNIA ), COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whale number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 10-73 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of July, 2010 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk Page 4 of 5 710453,3 EXHIBIT A INITIATIVE ORDINANCE AN INITIATIVE ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA AMENDING THE TUSTIN CITY CODE TO PROVIDE THAT THE OFFICE OF THE CITY CLERK SHALL BE APPOINTIVE THE PEOPLE OF THE Cltl(OF TUSTIN ORDAIN: Section 1. Sections 1421 and 1422 of the Tustin City Code are amended to read as follows: 1421. APPOINTMENT AND REMOVAL OF THE CITY CLERK. The City Council shall appoint and remove the City Clerk. The City Clerk shall hold office at and during the pleasure of the City Council. The City Clerk shall receive such compensation and expense allowances as the City Council shall from time to time determine and duly fix, and such compensation and expense shall be a proper charge against such funds of the City as the City Council shall designate. Residence requirements shall not be required as a condition of appointment. 1422. DUTIES The City Clerk shall execute all duties as defined by the laws of the State of California, issue licenses and permits as authorized and directed by this Code and by ordinances or resolutions of the City Council duly enacted from time to time, and attend all meetings of the City Council, unless excused by City Council. Section 2. Nothing herein shall limit the authority of the City Council, pursuant to the California Government Cade Section 36510, to adopt an ordinance vesting in the City Manager the authority to appoint the City Clerk. Section 3. This Ordinance shall take effect ten (10) days following the date on which the City Council of the City of Tustin declares that this initiative Ordinance was adopted by a majority of the voters voting on the measure at the municipal election on November 2, 2010. Section 4. If this initiative Ordinance is in conflict with any other measure regarding the subject on the November 2, 2010 ballot, none of the conflicting measures shall take effect if this initiative Ordinance receives the most votes. Approved and adopted by the voters of the City of Tustin on the 2nd day of November, 2010. Page S of 5 7I04S3.3 ATTACHMENT B RESOLUTION NO. 10-74 AN AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA (1) CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, (2) REQUESTING THE COUNTY OF ORANGE BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION, (3} AUTHORIZING THE COUNTY OF ORANGE ELECTION DEPARTMENT TO CANVASS THE ELECTION RETURNS, AND (4) PROVIDING FOR EXPENSES OF THE ELECTION. The City Council of the City of Tustin hereby resolves as follows: SECTION 1: That a General Municipal Election be held on November 2, 2010, for the purposes of electing two {2) members of the City Council for full terms of four years each years and for presentation of a ballot measure to the electorate. SECTION 2: That the County of Orange Board of Supervisors is hereby requested to order consolidation of the General Municipal Election with the Statewide General Election on November 2, 2010, and to issue instructions to the County of Orange Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 3: That the County of Orange Election Department is hereby authorized to canvass the election returns. SECTION 4: That the City Council acknowledges and agrees to payment of the expenses of the election, excluding a separate sample ballot. SECTION 5: That the Office of the City Clerk is hereby directed to file a certified copy of this Resolution with the County of Orange Board of Supervisors and the County of Orange Election Department. PASSED AND ADOPTED at a regular meeting of the City Council held on the 6tn day of July, 2010. JERRY AMANTE, Mayor 713012, l ATTEST: PAMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 10-74 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of July, 2010 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER, City Clerk 713012.1