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HomeMy WebLinkAbout13 CALLING & CONSOLIDATION OF NOVEMBER 3, 2020 MUNICIPAL ELECTION & SUBMITTAL TO THE VOTERS OF A PROPOSED MEASURE REGARDING LIMITED COUNCIL COMPENSATIONAgenda Item wed AGENDA REPORT City Man: ager Cit Man Finance Director N / A MEETING DATE: NOVEMBER 19, 2019 TO: MATTHEW S. WEST, CITY MANAGER FROM: CITY ATTORNEY SUBJECT: CALLING AND CONSOLIDATION OF NOVEMBER 3, 2020 MUNICIPAL ELECTION, AND SUBMITTAL TO THE VOTERS OF A PROPOSED MEASURE REGARDING LIMITED COUNCIL COMPENSATION SUMMARY: If approved, this agenda item: (1) will call the City's General Municipal Election on November 3, 2020 and request the County to consolidate it with the Statewide General Election on the same date, and (2) approve submittal to the voters of a ballot question relating to changes in the Tustin City Code regarding limited Council compensation. RECOMMENDATION: That the City Council: Adopt Resolution 19-56 ordering, calling, and giving notice of a General Municipal Election in the City of Tustin on November 3, 2020, and requesting the Board of Supervisors consolidate the election with the State's General Election (Attachment A); 2. Adopt Resolution 19-57 giving notice for the submittal to the voters of a ballot question relating to changes in the Tustin City Code regarding limited Council compensation (Attachment B); 3. Adopt Resolution 19-58 authorizing submittal of written arguments for or against the City Code amendment (Attachment C); 4. Adopt Resolution 19-59 to: (A) set forth the language of the ballot title for the City Code amendment to be included on the ballot, (B) authorize the City Attorney to prepare an impartial analysis for the proposed City Code amendments to be submitted to the voters, and (C) approve guidelines for preparation of arguments for or against the proposed City Code amendment, fixing the date for submission of direct arguments and rebuttal arguments, and posting the notice for the 1327335.1 Agenda Report – Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 2 argument process in accordance with the California State Elections Code; (Attachment D); and 5. Authorize staff to process all other documents to proceed with the General Municipal Election and the proposed City Code amendments as set forth above. FISCAL IMPACT: The cost to consolidate the General Municipal Election is estimated to be $58,448- $74,389. The additional cost to include the measure for voter consideration is estimated to be $8,500, for a combined total of $66,948-$82,889. Funds for these administrative costs are available in the General Fund budget for Fiscal Years 2019-20 and 2020-21. There would be an increase of future city expenditures for limited City Council compensation if the voters adopt the proposed measure at a City election. CORRELATION TO THE STRATEGIC PLAN: Engaging voters through consideration of the Council election and ballot measure would advance the Strategic Plan strategy to strengthen community engagement. In addition, a pproval of the measure by the voters would advance the Council-approved strategy to review and improve processes for recruiting, hiring and promotions to encourage a strong pool of talented individuals to seek positions at all levels with the City of Tustin. BACKGROUND AND DISCUSSION: I. CALLING THE GENERAL ELECTION In order to conduct an election, State law requires the City Council to adopt a resolution calling for a general municipal election. The Resolution attached as Attachment A establishes November 3, 2020 as the date for the election of three City Councilmembers. Additionally, pursuant to Section 10403 of the California Elections Code, the City Council is required to formally request consolidation of the City’s General Municipal Election with the Presidential, Statewide and County Election. The same Resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general elections of November 3, 2020 and authorizes the Board of Supervisors to canvass the election returns. 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 3 II. BALLOT MEASURE REGARDING LIMITED COUNCIL COMPENSATION 1. Compensation of Councilmembers Prior to 2012. Until 2012, Tustin City Council members received a monthly salary and benefits for the time and service Council members devote to the public. In 2012, the monthly salary was $853.11 per month and the benefits included City medical, dental and life insurance plans with a City contribution toward the cost of the plans, and CalPERS retirement benefits. 2. 2012 Ballot Measure. On October 18, 2011, the City Council adopted Resolution 11-76 ordering that a ballot measure to eliminate City Council compensation (later termed "Measure HH") be placed on the 2012 general election. Measure HH was approved by the voters on November 6, 2012. Since Measure HH's approval, Council members elected to new terms have received neither salary nor benefits for their service. Because it was approved by the voters, the elimination of compensation imposed by Measure HH can only be changed by the voters at a subsequent election. (Cal. Elections Code section 9217.) 3. The Siqnificant Responsibilities of Elected City Councilmembers. City Council members and the Mayor devote significant time and energies to the duties of office. Aside from attending the meetings of the City Council, all members of the Council receive lengthy agenda packages for review and careful consideration. Councilmembers engage in frequent meetings with various constituencies and with City staff and engage in civic events on many occasions. In order to accommodate the requirements of their public service, most Council members make significant sacrifices in their professional or family lives, or both. Despite those significant sacrifices, Tustin Council members currently receive no salary or other compensation from the City. Most other cities in the State of California compensate their councilmembers for the significant time, energy and efforts that they devote to their duties in office. Only one other city in Orange County (the City of Orange) provides no compensation to its city councilmembers; all other Orange County cities compensate their city councilmembers to varying degrees. 4. The Proposed Ballot Measure. The proposed ballot measure would, if approved by the voters, provide future elected Council members with a monthly salary — but not other employment benefits. The salary would take effect when a new councilmember is elected to office or when a current councilmember is reelected for a new term, as provided by California Government Code 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 4 sections 36516 and 36516.5. When salaries are set by a city council itself, Government Code section 36516 generally limits salaries to $600 per month for a city of Tustin's size.' That $600 limit does not apply, however, if the salary is approved by the voters. Subsequent changes could be approved by the voters in a similar manner.2 The proposed ballot measure would read as follows: "Shall the Tustin City Code be amended to comply with the Council salary formula provided for by California Government Code Sections 36516 and 36516.5 to ensure that Council salaries are set and strictly limited by such Government Codes, commencing at $600 per month?" 5. Ballot Measure Procedural Rules. California Government Code section 36516 and Elections Code section 9222 permit the placement of a ballot measure before the voters at a municipal election to determine whether councilmembers will receive a salary for services, and if so, the amount of the salary. Elections Code section 9222 authorizes the City Council to place a ballot measure before the voters for the enactment of any ordinance at a succeeding regular or special city election. The election must be held not less than 88 days after the order of election. Such a measure would be approved by a simple majority vote of the voters. A City Council initiated ballot ordinance which is approved by a majority vote of the electorate would take legal effect 10 days after the vote is declared and certified by the City Council. (Elections Code section 9217.) Therefore, if the voters approve the measure on November 3, 2020, that change would be effective only on a prospective basis, e.g., it would apply to a councilmember term commencing after the vote is declared and certified by the Council. The next councilmember term to commence after the 2020 vote is certified will be in November, 2022. Government Code section 36516 generally limits council salaries to $600 per month for cities between 75,000 and 150,000 -in population, when the salary is established by the city council itself. The $600 limit does not apply if the salary is established by the voters. Thus, if the Council wished to, it could submit to the voters a proposal for a salary greater than $600 per month. 2 Government Code section 36516(b). 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 5 6. Effective Date of Changes in Council Compensation. Government Code section 36516.5 provides that compensation of all members of a council serving staggered terms may be adjusted whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office. So, if the voters authorize it, the compensation for all City Councilmembers could commence upon the certification of the election reelection of one or more Councilmembers to a new term in November, 2022.3 Thus the effect of the attached language proposed for voter approval would, if approved by the voters, be to commence salaries for all Councilmembers after the November, 2022 election. 7. Ballot Measure Resolutions. The California Elections Code requires the adoption of the attached Resolutions in order to place ballot measure questions before the voters on the November 3, 2020 ballot. The attached Resolutions will allow voters to consider the ballot question as included in the Resolution. The attached Resolutions would also permit the filing of written arguments in favor of or against the measure by members of the City Council, any individual voter who is eligible to vote on the measure, any bona fide association of such citizens, or any combination thereof, and established deadlines for the submission of such arguments to the City Clerk. The Elections Code specifies that members of the City Council would be given preference and priority, if so authorized by the City Council. The attached Resolution would give that priority to any member of the City Council who would desire to submit an argument. The procedures for filing ballot arguments are detailed in the Elections Code. The Elections Code procedures, as well as general guidelines for preparing arguments, will be provided in a notice prepared by the City Clerk, and posted following final adoption of the election Resolution. When a City measure qualifies to be on a ballot, the City Council may direct the City Attorney to prepare an impartial analysis of the measure that shows the effect of the measure on the existing law and the operation of the measure. (Cal. Elections Code section 9280.) The analysis would be printed in the voter information pamphlet, preceding the arguments for and against the measure. 3 Councilmembers would receive the compensation beginning after the November, 2020 election if the compensation measure is approved by the voters at the earlier, March 3, 2020, Presidential Primary Election. The deadline to submit the Resolutions requesting consolidation with the March 3 Election is on December 6, 2019. The cost of consolidation with the March election will be greater since the City currently has no municipal election planned on that date. The estimated cost to include the measure on the March 3, 2020 ballot would be between $79,052-$99,026. 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 6 8. Other Options. The proposed ballot measure could be revised to allow for one or more of the following options as well: A. To establish a monthly salaryrg eater than $600 per month, as previously provided in Tustin and as provided in some other Orange County cities; and/or B. To allow provision of other employment benefits as previously provided in Tustin, and as provided in some other Orange County cities; and/or C. Submit the measure for voter consideration at the earlier, March 3, 2020 Presidential Primary Election. Attachments: A. Resolution 19-56 Calling General Municipal Election and Consolidating with the Statewide Election on November 3, 2020 B. Resolution 19-57 Giving Notice of the City's General Municipal Election and Limited Council Compensation Measure. B-1: Proposed City Code provision re Limited Council Compensation C. Resolution 19-58 authorizing written arguments for or against proposed City Code provision re Limited Council Compensation D. Resolution 19-59 setting forth ballot title for City Code amendment regarding limited Council compensation, directing City Attorney to prepare impartial analysis, and directing the City Clerk to establish deadlines for submission Of arguments and rebuttals 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 7 ATTACHMENT A RESOLUTION 19-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF TUSTIN ON NOVEMBER 3, 2020, FOR ELECTION OF CERTAIN OFFICERS AND ALL OTHER MEASURES AS PROPOSED OR AUTHORIZED BY THE CITY COUNCIL, AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE'S GENERAL ELECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS FOLLOWS: Section 1: The City Council of the City of Tustin hereby finds, determines and declares as follows: A. A general election of the City of Tustin will be held on November 3, 2020, for the purpose of electing three (3) City councilmembers. B. There will be a statewide general election held on November 3, 2020. C. It is desirable that said general election of the City of Tustin be consolidated with the statewide general election to be held on the same date, and that within the City of Tustin the precincts, polling places and election officers be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. D. The City Clerk is authorized, instructed and directed to give further notice of the election, in time, form and manner as required by law. Section 2: That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order the consolidation of the November 3, 2020 general municipal election of the City of Tustin for the purpose of electing three (3) Councilmembers with the statewide election to be held on the same date. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 8 Section 3: The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said municipal election pursuant to Section 10411 of the Elections Code of the State of California. Section 4: The City of Tustin recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5: The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Orange and a certified copy of this Resolution with the Registrar of Voters of the County of Orange. Section 6: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of November, 2019. ATTEST: Erica N. Yasuda City Clerk APPROVED AS TO FORM: 0 David E. Kendig City Attorney 1327335.1 CHARLES PUCKETT Mayor Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, 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. 19-56 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 19th day of November, 2019, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk 1327335.1 Agenda Report – Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 10 ATTACHMENT B RESOLUTION 19-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF TUSTIN ON NOVEMBER 3, 2020, FOR SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE AMENDMENT OF THE CITY CODE IN REGARD TO LIMITED COUNCIL COMPENSATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS FOLLOWS: SECTION 1: By Resolution No. 19-56, the City Council has declared that a General Municipal Election shall be held on November 3, 2020 for the election of municipal officers. SECTION 2: Under the provisions of the California Elections Code, at the General Municipal Election to be held on November 3, 2020, the following proposed amendments to the Tustin City Code shall be submitted to the voters. Measure—: Limited Council Compensation Shall the Tustin City Code be amended to comply with YES the Council salary formula provided for by California Government Code Sections 36516 and 36516.5 to ensure that Council salaries are set and strictly limited by such Government Codes, commencing at $600 per month? NO CHARLES PUCKETT Mayor ATTEST: Erica N. Yasuda City Clerk 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 11 APPROVED AS TO FORM: David E. Kendig City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, 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. 19-57 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 19th day of November, 2019, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 12 ATTACHMENT B-1 [Proposed]: Tustin City Code section 1303 — Limited Compensation of Members Each member of the City Council and the Mayor and Mayor Pro Tem shall receive as a monthly salary for his or her services the maximum amount allowed by the population formula set forth in California Government Code section 36516, as that section may be amended from time to time. Pursuant to Government Code section 36516.5, all members of the Council shall be eligible for salary adjustments whenever one or more members of the Council becomes eligible for a salary increase by virtue of the Councilmember beginning a new term of office. Any amounts paid by the City to reimburse actual and necessary expenses shall not be included for purposes of determining salary. Any member of the City Council may waive any or all of the compensation permitted by this Section. 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 13 ATTACHMENT C RESOLUTION 19-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING WRITTEN ARGUMENTS FOR PROPOSED AMENDMENTS TO THE TUSTIN CITY CODE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS FOLLOWS: Section 1: The City Council of the City of Tustin hereby finds, determines and declares as follows: A. A general election of the City of Tustin will be held on November 20, 2020, at which there will be submitted to the qualified electors of the City a City Code amendment measure related to limited Council compensation. B. That pursuant to the requirements of Section 9282 of the Elections Code, of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. Section 2: The City Council, as the legislative body of the City of Tustin, hereby authorizes the City Clerk to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code section 9287, to file a written argument for or against the City measure set forth above, and to change said argument until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted. Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of November, 2019. CHARLES PUCKETT Mayor ATTEST: Erica N. Yasuda City Clerk 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 14 APPROVED AS TO FORM: David E. Kendig City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, 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. 19-58 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 19th day of November, 2019, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk 1327335.1 Agenda Report – Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 15 ATTACHMENT D RESOLUTION NO. 19-59 A RESOLUTION OF THE CITY OF TUSTIN SETTING FORTH THE LANGUAGE OF A BALLOT TITLE FOR A CITY CODE AMENDMENT REGARDING LIMITED COUNCIL COMPENSATION TO BE INCLUDED ON THE BALLOT FOR THE 2020 GENERAL ELECTION, DIRECTING CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS, AND DIRECTING THE CITY CLERK TO ESTABLISH DEADLINES FOR THE SUBMISSION OF ARGUMENTS AND REBUTTALS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS FOLLOWS: Section 1: By Resolutions 19-56and 19-57, the City Council of the City of Tustin has called for its General Municipal Election to be held on November 3, 2020 and submitted to the voters a proposed amendment to the Tustin City Code. Section 2: The California Elections Code directs that the City of Tustin approve the form of the ballot question to be submitted to the voters and the City Council of the City of Tustin desires, on its own motion, to submit to the voters of the City a question relating to limited Council compensation, to be submitted to the voters at the General Municipal Election to be held on Tuesday, November 3, 2020. Section 3. The amendments called for in Resolution No. 19-57 shall be proposed as follows, with identification as determined in accordance with the California Elections Code: Measure —: Limited Council Compensation Shall the Tustin City Code be amended to comply YES with the Council salary formula provided for by California Government Code Sections 36516 and 36516.5 to ensure that Council salaries are set and strictly limited by such Government Codes, commencing at $600 per month? NO 1327335.1 Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 16 Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. Section 5: The City Clerk is hereby authorized to transmit a copy of the measure, as set forth in Section 3 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the Elections code. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of the voters or by the City Council. Section 6: The City Clerk is directed to fix a deadline for submission of arguments and rebuttals for or against the measure pursuant to 9285 of the Elections Code, the provisions of which are hereby adopted by the City Council. ADOPTED this day of November, 2019. ATTEST: Erica N. Yasuda City Clerk APPROVED AS TO FORM: David E. Kendig City Attorney 1327335.1 CHARLES PUCKETT Mayor Agenda Report — Call of 2020 General Municipal Election and Submission to the Voters of Measure Re Limited Council Compensation November 19, 2019 Page 17 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, 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. 19-59 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 19th day of November, 2019, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk 1327335.1