City of Westminster 2018Page

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1 City of Westminster 8200 Westminster Boulevard Westminster, California Staff Report File #: 18-58, Item #: 8.1 Meeting Date: 2/28/2018 Westminster City Council To: Thru: From: Reviewed by: Prepared by: Honorable Mayor and City Council Eddie Manfro, City Manager Vice Mayor Tyler Diep Sherry Johnson, Finance Director Chet Simmons, Assistant City Manager SUBJECT: Request for Calling of a Special Municipal Election to Place a Measure on the June 5, 2018 Ballot Regarding Mayoral Terms. RECOMMENDED ACTION/ MOTION: Vice Mayor Diep recommends that the Mayor and City Council: A) Adopt a Resolution entitled, A Resolution of the Mayor and City Council of the City of Westminster Calling for a Holding of a Special Municipal Election to be Held on June 5, 2018 for a Measure to Change the Term of Office for the Mayor from a Two-Year Term to a Four- Year Term ; B) Adopt a Resolution entitled, A Resolution of the Mayor and City Council of the City of Westminster Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be Held on June 5, 2018 With the Statewide Primary Election ; C) Adopt a Resolution entitled, A Resolution of the Mayor and City Council of the City of Westminster Setting Priorities for Filing Written Arguments Relating to a Measure to Adopt an Ordinance to Change the Term of Office for the Mayor from a Two-Year Term to a Four- Year Term; and Directing the City Attorney to Prepare an Impartial Analysis for this Measure ; and D) Adopt a Resolution entitled, A Resolution of the Mayor and City Council of the City of Westminster Providing for the Filing of Rebuttal Arguments for City Measures Submitted at City of Westminster 2018Page 1 of 2 Printed on 2/23/ powered by Legistar

2 File #: 18-58, Item #: 8.1 Meeting Date: 2/28/2018 Municipal Elections. BACKGROUND/ DISCUSSION: Pursuant to the current City of Westminster s Municipal Code, the Mayor serves a two-year term while other members of the City Council serve four-year terms. As with all members of the City Council, the position of Mayor is directly elected and makes up 20 percent of the governing decision making body. As all decisions made by the City Council require a majority vote, the position of Mayor holds the same voting powers as the other members of the City Council. The current code creates an electoral imbalance and unleveled playing field by requiring one member of the governing body to run for a seat twice during the same four-year period, while the other members of the City Council are required to run only once. In the interest of providing a fair and equitable election process, Vice Mayor Diep proposes that the City s Municipal Code be amended in order to address this inequality and change term of the Mayor to a four-year term. If the City Council were to approve the recommended action, the question would be placed on the ballot for the voters to decide at the June 5, 2018 election. If approved by the voters, the term change would go into effect for the 2018 General Election. FISCAL IMPACT: If approved, the City would consolidate with the County for the June 5, 2018 election. The County of Orange Registrar of Voters office has provided a preliminary estimated cost of between $ 1.40 and 1.80 per voter. As such, a budget appropriation from the General Fund Reserve in the amount of 85,000 would be required. This amount would be transferred to the Elections Account (Contractual - Other). ATTACHMENTS: 1. Resolution Calling for Holding of a Special Election a. Exhibit A: Proposed Ordinance 2. Resolution Requesting Consolidation with the County of Orange 3. Resolution for Written Arguments and Impartial Analysis 4. Resolution for Filing of Rebuttal Arguments City of Westminster 2018Page of 2 Printed on 2/23/ powered by Legistar

3 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 5, 2018 FOR A MEASURE TO CHANGE THE TERM OF OFFICE FOR THE MAYOR FROM A TWO- YEAR TERM TO A FOUR-YEAR TERM WHEREAS, the City Council of the City of Westminster consists of four council members and a separately elected mayor; and WHEREAS, Westminster city council members are elected to a four-year term, while the mayor is elected to a two-year term; and WHEREAS, Government Code Section authorizes the City Council to submit to the voters the question of whether an elected mayor should serve a two-year term or four-year term; and WHEREAS, to promote stability and equality among all voting members of the City Council, the City Council finds and determines that, with voter approval, the elected term of the mayor should be changed from a two-year term to a four-year term, effective at the expiration of the current mayor s term of office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WESTMINSTER, 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, there is called and ordered to be held in the City of Westminster, California, on Tuesday, June 5, 2018, a Special Municipal Election for the purpose of submitting to the voters of the City of Westminster a proposed ordinance to change the term of office for the mayor from a two-year term to a four-year term, effective at the expiration of the current mayor s term of office. SECTION 2. That the measure to appear on the ballot is as follows: Shall an ordinance be adopted that changes the term of office for the mayor from a two-year term to a four-year term? YES NO 1

4 SECTION 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A. SECTION 4. That the vote requirement for the measure to pass is a majority of the votes cast. SECTION 5. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters 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 6. That the polls for the election shall be open at seven o clock a.m. of the day of the election and shall remain open continuously from that time until eight o clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code Section 10242, except as provided in Section of the Elections Code. SECTION 7. 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 8. 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 notice of the election in time, form and manner as required by law. SECTION 9. The City Clerk shall certify to the passage and adoption hereof. PASSED, APPROVED AND ADOPTED this 28 th day of February 2018 by the following vote: AYES: NOES: ABSENT: TRI TA, MAYOR ATTEST: CHRISTINE CORDON, CITY CLERK 2

5 APPROVED AS TO FORM: RICHARD D. JONES, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF WESTMINSTER ) ss. I, CHRISTINE CORDON, hereby certify that I am the duly appointed City Clerk of the City of Westminster and that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Westminster held on the 28th day of February Christine Cordon, City Clerk 3

6 Exhibit A Ordinance Changing Term of Office for Mayor 4

7 THE ORDINANCE BELOW WILL BE PRESENTED TO THE VOTERS OF THE CITY OF WESTMINSTER AT THE JUNE 5, 2018 ELECTION. ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF WESTMINSTER, AMENDING SECTION ( TERMS OF OFFICE FOR CITY COUNCILMEMBERS AND MAYOR ) OF CHAPTER 2.04 ( CITY COUNCIL ) OF TITLE 2 ( ADMINISTRATION AND PERSONNEL ) OF THE WESTMINSTER MUNICIPAL CODE, EXTENDING THE LENGTH OF THE MAYOR S TERM OF OFFICE FROM A TWO-YEAR TERM TO A FOUR-YEAR TERM WHEREAS, the City Council of the City of Westminster consists of four council members and a separately elected mayor; and WHEREAS, Westminster city council members are elected to a four-year term, while the mayor is elected to a two-year term; and WHEREAS, Government Code Section authorizes the City Council to submit to the voters the question of whether an elected mayor should serve a two-year or four-year term; and WHEREAS, to promote stability and equality among all voting members of the City Council, the City Council finds and determines that, with voter approval, the elected term of the mayor should be increased from a two-year term to a four-year term, effective at the expiration of the current mayor s term of office. THE PEOPLE OF THE CITY OF WESTMINSTER DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section ( Terms of office for city councilmembers and mayor ) of Chapter 2.04 ( City Council ) of Title 2 ( Administration and Personnel ) of the Westminster Municipal Code is hereby amended as follows: Terms of office for city councilmembers and mayor. The general municipal election for all elected city officers shall be consolidated with the statewide general election on the first Tuesday after the first Monday of November in each even-numbered year. There shall be an elected mayor, who shall serve a four-year term. There shall be four elected councilmembers, who shall each serve a four-year term. 1

8 SECTION 2. Approval by the Voters. Pursuant to California Elections Code section 9217, this Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Westminster voting at the Special Election of June 5, 2018, and shall take effect ten (10) days after the City Council has certified the results of that election by resolution. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. I hereby certify that this Ordinance was PASSED, APPROVED, AND ADOPTED by the people of the City of Westminster at the election held on the 5th day of June, CITY OF WESTMINSTER TRI TA, MAYOR ATTEST: CHRISTINE CORDON, CITY CLERK APPROVED AS TO FORM: RICHARD D. JONES, CITY ATTORNEY 2

9 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 5, 2018 WITH THE STATEWIDE DIRECT PRIMARY ELECTION WHEREAS, the City Council of the City of Westminster called a Special Municipal Election to be held on June 5, 2018 for the purpose of submitting to the voters the question of whether the term of the elected mayor of the City of Westminster should be changed from a two-year term to a four-year term; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Direct Primary Election to be held on the same date and that within the City the precincts, polling places, and election officers of the two elections be the same, and that the County of Orange canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Elections Code Section 10403, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Direct Primary Election on June 5, 2018 for the purpose of submitting to the voters the question of whether to increase the term of office for the mayor from a two-year term to a four-year term, effective at the expiration of the current mayor s term of office. SECTION 2. That the measure to appear on the ballot is as follows: Shall an ordinance be adopted that changes the term of office for the mayor from a two-year term to a four-year term? YES NO 1

10 SECTION 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A. SECTION 4. That the vote requirement for the measure to pass is a majority of the votes cast. SECTION 5. That the Orange County Registrar of Voters Office is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and oly one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating statewide or special elections. SECTION 6. That the Board of Supervisors is requested to issue instructions to the Orange County Registrar of Voters Office to take any and all steps necessary for the holding of the consolidated election. SECTION 7. That the City of Westminster recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Orange County Board of Supervisors and the Orange County Registrar of Voters. SECTION 9. The City Clerk shall certify to the passage and adoption hereof. PASSED, APPROVED AND ADOPTED this 28 th day of February 2018 by the following vote: AYES: NOES: ABSENT: TRI TA, MAYOR ATTEST: CHRISTINE CORDON, CITY CLERK 2

11 APPROVED AS TO FORM: RICHARD D. JONES, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF WESTMINSTER ) ss. I, CHRISTINE CORDON, hereby certify that I am the duly appointed City Clerk of the City of Westminster and that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Westminster held on the 28th day of February Christine Cordon, City Clerk 3

12 Exhibit A Ordinance Changing Term of Office for Mayor 4

13 THE ORDINANCE BELOW WILL BE PRESENTED TO THE VOTERS OF THE CITY OF WESTMINSTER AT THE JUNE 5, 2018 ELECTION. ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF WESTMINSTER, AMENDING SECTION ( TERMS OF OFFICE FOR CITY COUNCILMEMBERS AND MAYOR ) OF CHAPTER 2.04 ( CITY COUNCIL ) OF TITLE 2 ( ADMINISTRATION AND PERSONNEL ) OF THE WESTMINSTER MUNICIPAL CODE, EXTENDING THE LENGTH OF THE MAYOR S TERM OF OFFICE FROM A TWO-YEAR TERM TO A FOUR-YEAR TERM WHEREAS, the City Council of the City of Westminster consists of four council members and a separately elected mayor; and WHEREAS, Westminster city council members are elected to a four-year term, while the mayor is elected to a two-year term; and WHEREAS, Government Code Section authorizes the City Council to submit to the voters the question of whether an elected mayor should serve a two-year or four-year term; and WHEREAS, to promote stability and equality among all voting members of the City Council, the City Council finds and determines that, with voter approval, the elected term of the mayor should be increased from a two-year term to a four-year term, effective at the expiration of the current mayor s term of office. THE PEOPLE OF THE CITY OF WESTMINSTER DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section ( Terms of office for city councilmembers and mayor ) of Chapter 2.04 ( City Council ) of Title 2 ( Administration and Personnel ) of the Westminster Municipal Code is hereby amended as follows: Terms of office for city councilmembers and mayor. The general municipal election for all elected city officers shall be consolidated with the statewide general election on the first Tuesday after the first Monday of November in each even-numbered year. There shall be an elected mayor, who shall serve a four-year term. There shall be four elected councilmembers, who shall each serve a four-year term. 1

14 SECTION 2. Approval by the Voters. Pursuant to California Elections Code section 9217, this Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Westminster voting at the Special Election of June 5, 2018, and shall take effect ten (10) days after the City Council has certified the results of that election by resolution. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. I hereby certify that this Ordinance was PASSED, APPROVED, AND ADOPTED by the people of the City of Westminster at the election held on the 5th day of June, CITY OF WESTMINSTER TRI TA, MAYOR ATTEST: CHRISTINE CORDON, CITY CLERK APPROVED AS TO FORM: RICHARD D. JONES, CITY ATTORNEY 2

15 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS RELATING TO A MEASURE TO ADOPT AN ORDINANCE TO CHANGE THE TERM OF OFFICE FOR THE MAYOR FROM A TWO-YEAR TERM TO A FOUR-YEAR TERM; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR THIS MEASURE WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a special municipal election is to be held in the City of Westminster, California on June, 5, 2018, at which there will be submitted to the voters the following measure relating to a proposed ordinance to change the term of office for the mayor from a two-year term to a four-year term: Shall an ordinance be adopted that changes the term of office for the mayor from a two-year term to a four-year term? YES NO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes ALL members of the City Council to file written arguments in favor of or against this measure not exceeding 300 words, accompanied by the printed names and signatures of the authors submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. Any individual voter who is eligible to vote on the measure may file a written argument for or against the measure. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. If more than one individual submits written arguments in favor or against this measure, the City Council shall collectively decide which arguments shall be included with the ballot materials. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. Pursuant to Election 1

16 Code Section 9600, the arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on existing law and the operation of the measure. The impartial analysis for the measure shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. The City Clerk shall certify to the passage and adoption hereof. PASSED, APPROVED AND ADOPTED this 28 th day of February 2018 by the following vote: AYES: NOES: ABSENT: TRI TA, MAYOR ATTEST: CHRISTINE CORDON, CITY CLERK APPROVED AS TO FORM: RICHARD D. JONES, CITY ATTORNEY 2

17 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF WESTMINSTER ) ss. I, CHRISTINE CORDON, hereby certify that I am the duly appointed City Clerk of the City of Westminster and that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Westminster held on the 28th day of February Christine Cordon, City Clerk 3

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19 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Section 9285 of the Elections Code authorizes the filing of rebuttal arguments for city measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has obtained the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. Pursuant to Election Code Section 9600 the rebuttal arguments shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed. SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on June 5, 2018 and shall then be repealed. SECTION 4. The City Clerk shall certify to the passage and adoption hereof. 1

20 PASSED, APPROVED AND ADOPTED this 28 th day of February 2018 by the following vote: AYES: NOES: ABSENT: TRI TA, MAYOR ATTEST: CHRISTINE CORDON, CITY CLERK APPROVED AS TO FORM: RICHARD D. JONES, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF WESTMINSTER ) ss. I, CHRISTINE CORDON, hereby certify that I am the duly appointed City Clerk of the City of Westminster and that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Westminster held on the 28th day of February Christine Cordon, City Clerk 2