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Home My WebLink About7.1 DirectlyElectedMayor .. . . CITY 01' DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 21, 1992 SUBJECT: Directly Elected Mayor - Placement of Issue on June, 1992 Ballot Report Prepared by Elizabeth silver, city Attorney & Kay Keck, city Clerk EXHIBITS ATTACHED: . ~Resolution sUbmitting an Initiative Ordinance to the voters of Dublin regarding the direct election of the Mayor and Mayor's term of office; calling a special election and consolidating the special election with a regular statewide election on June 2, 1992; and relating to ballot arguments, impartial analysis and related matters . ~Resolution requesting the Board of Supervisors of Alameda County to permit the Registrar of voters to provide services for the Dublin Special Municipal Election to be held on June 2, 1992 . /staff Report prepared for December 9, 1991 city Council meeting RECOMMBNDATI~ Consider and if appropriate, adopt Resolutions. If election is called, authorize transfer of $3,000 from the Contingent Reserve to the Elections Activity Budget. FINANCIAL STATEMENT: The cost of placing this issue on the June 1992 ballot is estimated to be $3,000. The actual cost depends on several factors, including the length of ballot arguments and the number of other local jurisdictions which have issues on the June ballot. No funds have been budgeted for this purpose; therefore, a transfer from the city's contingent Reserve would be required. Costs apart from the election costs of directly electing the Mayor are undetermined at this time. DESCRIPTION: At the October 28, 1991 city council meeting, Councilmember Burton requested a report on the possibility of placing the issue of a directly elected Mayor on the June 1992 ballot. Staff prepared a report which the Council considered at its December 9, 1991 meeting, regarding the method of placing this issue on the ballot, the timing of the election, the powers of a directly elected Mayor, compensation for a directly elected Mayor and related issues. At the December 9th meeting, the council directed staff to prepare the necessary Resolutions to place the question of directly electing the Mayor on the June 1992 ballot. The Council's direction did not include placing the question of compensation before the voters. To place the question of the direct election of the Mayor before the voters at the June 2, 1992, election requires several actions: 1. The council must call a special municipal election for June 2nd for the purpose of submitting to the voters two questions: (1) whether the electors should elect a Mayor and four councilmembers, and (2) whether the term of office of the Mayor should be two years or four years. ---------------------------------------------------------- -------- ITEM NO. '[j COPIES TO: . . 2. The council must request consolidation of the special municipal election with the statewide election held on June 2nd. 3. The Council must request the Board of Supervisors to permit the Registrar of voters to provide election services for the special municipal election. 4. The city must enter into an agreement with the County for performance of, and payment for, the election services. 5. The Council must establish certain deadlines for submittal of ballot arguments and an impartial analysis of the measure. 6. The council must direct the city Clerk to take certain ministerial actions regarding posting, printing, transmission of copies of documents and related actions. The draft "Ordinance Providing for the Direct Election of the Mayor, setting the Mayor's Term of Office, and Related Matters", which is Attachment 1 to the "Resolution Submitting an Initiative Ordinance to the voters of Dublin Regarding the Direct Election of the Mayor and Mayor's Term of Office and Related Matters", will be enacted by the voters only if a majority of the electors vote in favor of the direct election of the Mayor. If the vote on June 2nd is in favor of the direct election of the Mayor, the Council will merely declare the vote and the Ordinance will become effective without a vote by the Council. The council can, thereafter, determine where the Ordinance should be codified in the Municipal Code. RECOMMENDATION If the Council wishes to place the question of directly electing the Mayor on the June 2, 1992 ballot, the two Resolutions should be adopted and authorization should be given to transfer $3,000 from the Contingent Reserve to the Election Activities Budget. . . RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************** SUBMITTING AN INITIATIVE ORDINANCE TO THE VOTERS OF DUBLIN REGARDING THE DIRECT ELECTION OF THE MAYOR AND MAYOR'S TERM OF OFFICE; CALLING A SPECIAL ELECTION AND CONSOLIDATING THE SPECIAL ELECTION WITH A REGULAR STATEWIDE ELECTION ON JUNE 2, 1992; AND RELATING TO BALLOT ARGUMENTS, IMPARTIAL ANALYSIS AND RELATED MATTERS BE IT RESOLVED by the City Council of the City of Dublin as follows: section 1: Call for Special Election. Pursuant to Elections Code section 4017, the city Council is authorized to present initiative ordinances to the voters for their consideration. Pursuant to Government Code Section 34900, questions regarding whether to have a directly elected mayor and the term of office of a directly elected mayor may be submitted to the voters. The City council hereby calls a special municipal election to be held on June 2, 1992, for the voters of DUblin to determine questions as set forth in Section 2 herein. Section 2: Ballot Lanquaqe. The ballot measure shall appear and be printed upon the ballots to be used at the election as follows: "Shall the electors elect a mayor and / / Yes four city councilmembers?" / / No "Shall the term of office of mayor be two years?" / / Vote For ONE "Shall the term of office of mayor be four years?" / / Only Section 3: Form of Initiative Ordinance. The initiative ordinance to be enacted by the voters pursuant to Section 2 shall be in the form set forth in Attachment 1 attached hereto. section 4: consolidation. The city Council requests that the special municipal election to be held in the city of Dublin on June 2, 1992, be consolidated with the statewide election being held on June 2, 1992, pursuant to Elections Code section 23302. . . Section 5: Submission of Ballot Arquments and Impartial Analvsis. a. The city council hereby establishes March 9, 1992 at 4:00 p.m., as the last day for submission of direct arguments for or against each proposed ballot measure. b. The city council hereby establishes March 19, 1992 at 4:00 p.m., as the last day for submission of rebuttal arguments for and against each proposed ballot measure. c. Direct arguments shall not exceed 300 words and shall be signed by not more than five persons. d. Rebuttal arguments shall not exceed 250 words and shall be signed by not more than five persons. e. The city Clerk is directed to transmit a copy of the proposed ballot measure to the city Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure no later than March 6, 1992. section 6: Notices. The city Clerk is hereby directed to cause the posting, pUblication and printing of notices and all other matters pursuant to the requirements of the Government Code and the Elections Code of the State of California. section 7: Filing. The city Clerk is further directed to file a copy of this resolution with the Alameda county Board of Supervisors and with the County Clerk and to transmit a copy of this resolution to the Alameda County Registrar of Voters on or before March 6, 1992. PASSED, APPROVED AND ADOPTED this 27th day of January, 1992. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: city Clerk K2:A:GreyCC:RESODEM2 . . ORDINANCE NO. -92 AN ORDINANCE OF THE CITY OF DUBLIN ---------------------------------------------------------------- AN ORDINANCE PROVIDING FOR THE DIRECT ELECTION OF THE MAYOR, SETTING THE MAYOR'S TERM OF OFFICE, AND RELATED MATTERS THE PEOPLE OF THE CITY OF DUBLIN DO HEREBY ORDAIN AS FOLLOWS: section 1: The electors shall hereafter elect a mayor and four city councilmembers. [Subject to voter approval] Section 2: The term of office of the mayor shall be [two/four] years. [Subject to voter approval] section 3: If approved by a majority of the voters, ordinance shall be considered as adopted upon the date the vote is declared by the city Council and shall go effect ten days after that date as provided in Election section 4013. this that into Code APPROVED by the following vote of the people on June 2, 1992: ADOPTED by Declaration of the vote by the city council of the city of Dublin on , 1992. EFFECTIVE on , 1992. Mayor ATTEST: City Clerk 1 ATTACHMENT 1 . . RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN .*....*.*...**.. REQUESTING THE BOARD OF SUPERVISORS OF ALAMEDA COUNTY TO PERMIT THE REGISTRAR OF VOTERS TO PROVIDE SERVICES FOR THE DUBLIN SPECIAL MUNICIPAL ELECTION TO BE HELD JUNE 2, 1992 WHEREAS, the city council of the city of Dublin (the "city") in Alameda County (the "County"), State of california, has adopted a resolution calling a special municipal election in the City to be held on Tuesday, June 2, 1992, at which a ballot measure will be submitted to the qualified electors of the city; and WHEREAS, pursuant to California Elections Code section 22003, the city may request by resolution that the Board of Supervisors permit the County Registrar of Voters to provide specified election services. NOW, THEREFORE, BE IT RESOLVED by the council of the city of Dublin, as follows: Section 1. The City requests the County Board of Supervisors to permit the Registrar of Voters to provide specified election services for the special municipal election to be held in the city on Tuesday, June 2, 1992. Section 2. The specified election services may consist of, but are not limited to, the following: a. Precinct consolidation, establishment of polling places, securing election officers, preparing and mailing notices of appointment, and publication of precinct officers and polling places. b. Typesetting and printing sample ballots, which includes polling place notifications, ballot arguments, and mailing to registered voters. c. Printing of official ballots. d. Purchasing precinct supplies and absent voters supplies. e. providing for absentee voting in the County Registrar's Office. f. Delivery of voting booths, ballots, ballot boxes, and precinct supplies to precincts/election officers. g. Electronic and/or tabulation of votes. . . h. Canvassing and certifying to the city Clerk the results of elections. i. All things necessary or incidental to the above in accordance with California Election Law in effect at the time of the election or other functions as may be requested from time to time by the city. section 3. The city of Dublin will reimburse Alameda County in full for the services performed as provided for in this resolution, including but not limited to, compensation for such election services, upon presentation of a bill to the city. Section 4. The city Clerk is hereby authorized and directed to certify to the due adoption of this resolution and to transmit a copy hereof so certified to the Board of Supervisors of the County and to file a copy hereof with the Registrar of Voters of the county. PASSED, APPROVED AND ADOPTED this 27th day of January, 1992. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk K2:A:GreyCC:RESODEM1 . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 9, 1991 SUBJECT: Report on Directly Elected Mayor (Prepared by: City Manager & City Attorney) EXHIBITS ATTACHED: 1. Memorandum from City Attorney dated November 15, 1991 2. List of City Council Appointments and Terms of ~ Office RECOMMENDATION: ~ Receive Report. FINANCIAL STATEMENT: The cost of placing this issue on the June 1992 Ballot is estimated at $3,000. No funds have been budgeted for this purpose, therefore, a transfer from the City's Contingent Reserve would be required. Costs apart from the election costs of directly electing the Mayor are undetermined at this time. DESCRIPTION: At the October 28, 1991 City Council meeting, Councilmember Burton requested a report on the possibility of placing the issue of a directly elected Mayor on the June 1992 ballot. The City Attorney has prepared an analysis (see attached) of the prov~s~ons of the State Government and Election Laws which provide for the direct election of the Mayor. If the City Council determines to pursue posing the question of directly electing the Mayor to the voters in June 1992, the Council will need to consider the following issues. 1. Term of Office - The law provides that the voters determine whether the term of office for Mayor shall be for two years or four years. Given the current staggered terms on the City Council, the following possible scenarios could occur depending upon whether the voters select a two year or four year term for Mayor and whether the City Council designates one of the City Council terms expiring as a two year office in 1994. Scenario 1 ~ Voters Approve a 2 Year Term for Mavor ~ Office Term Nov 1992 Mayor 2 years (1) Councilmember 4 years Nov 1994 Mayor 2 years (3) Councilmembers 4 years Nov 1996 Mayor 2 years ( 1 ) Councilmember 4 years Scenario 2 - Voters Approve 2 Year Term for Mavor. Council desiqnates (1) Council Seat for 2 Year Term in November 1994 Nov 1998 Office ~ Mayor 2 years (1) Councilmember 4 years Mayor 2 years (2) Councilmembers 4 years (1 ) Councilmember 2 years Mayor 2 years (2) Councilmembers 4 years Mayor 2 years (2) Councilmembers 4 years Year Nov 1992 Nov 1994 Nov 1996 --------~----------~--------------------------~---------~~---------~-- ITEM NO. ~ COPIES TO: CITY CLERK FILE~ C<, . . Scenario 3 - Voters Approve 4 Year Term for Mavor Year Office Term Nov 1992 Mayor 4 years (1) Councilmember 4 years Nov 1994 (3) Councilmembers 4 years Nov 1996 Mayor 4 years (1) Councilmember 4 years Scenario 4 - Voters Approve 4 Year Term for Mavor. Council desiqnates (1) Council Seat for 2 Year Term in November 1994 Year Office Term Nov 1992 Mayor 4 years ( 1 ) Councilmember 4 years Nov 1994 (2) Councilmembers 4 years ( 1 ) Councilmember 2 years Nov 1996 Mayor 4 years (2) Councilmembers 4 years Nov 1998 (2) Councilmembers 4 years The issue of determining whether one council seat should be designated for a two year term, would not be determined by the City Council until after the voters decide whether the Mayor should be directly elected and the Mayor's term of office. However, it would need to be determined before the November 1994 election. 2. Compensation for Mayor The Council should determine whether the Mayor should be compensated in addition to what he/she receives as a Councilmember and whether the voters or the Council should decide the amount. If the Council wishes to have the voters decide the amount, the Council would need to determine the amount to be placed on the ballot. In accordance with State Law for General Law Cities, Councilmembers are currently compensated $382.88/mo. In May 1991, the City Council aoopted an ordinance which would adjust the City Council's salary by $19. 14/mo after the November 1992 Election. If the Council adopted a similar adjustment in 1992, the compensation for a City Councilmember would be $422.12/mo. after November 1992. 3. Timing Should the Council call a special election to consider the issue or at the next regular municipal election? A special election could be consolidated with the General Statewide Election in June 1992, to determine whether the Mayor should be directly elected. If the voters vote to elect the Mayor, the actual election of Mayor would occur in November 1992. If the Council waits to place the issue on the November 1992 ballot, the Mayor would not be directly elected until November 1994. The Council must determine whether to place an ordinance on the ballot by February 24, 1992 to meet the deadlines for the June 1992 election. 4. Appointment Power/Duties State Law provides that the elected Mayor shall, with the approval of the City Council, make all appointments to Boards, Commissions and Committees. If the voters approved the election of the Mayor directly, the City Council would have to modify the City's existing ordinance and resolutions providing for the appointment of Planning Commissioners, Park and Recreation Commissioners, and Senior Citizen Advisory Committee members. In November 1992, the Mayor would have the ability to appoint two new members to each body with the Council's consent. a: 129mayor.agenda#6 .~ . . . I:CElVED NOV 19 1991 MEYERS, NAVE, RIBACK & WEST MICHAEL R. NAVE STEVEN R. MEYERS NATALIE E. WEST ELIZABETH H. SILVER MICHAEL S. AIBACK MOLLY T. TAMI MICHAEL F. RODRIOUEZ KATHLEEN FAUBION FREDERICK S. ETHERIDGE WENDY A. ROBERTS DAVID W. SKINNER A PROFESSIONAL LAW CORPORATION ....r7" r ":': ,",I m . PENINSIlLA 011!~' : ).1 N GATEWAY PLAZA 777 DAVIS STREET, SUITE 300 SAN LEANDRO, CALIFORNIA 94577 TELEPHONE: (510) 351-4300 FACSIMILE: (510) 351-4461 MEMORANDUM 1220 HOWARD AVE, SUITE 250 BURLINGAME. CA 94010.4211 TELEPHONE: (415) 348.7130 FACSIMILE: (415) 342.0886 MARIN OFFICE 1202 GRANT AVE.. SUITE E NOVATO. CA 94945 TELEPHONE: (415) 692.6676 REPLY TO: OF COUNSEL ANDAEA J. SALTZMAN San Leandro TO: Richard Ambrose city Manager DATE: November 15, 1991 RE: Elizabeth H. silver city Attorney Directly Elected Mayor FROM: At the october 28, 1991, meeting, councilmember Burton requested information regarding the method of directly electing the mayor. Government Code provisions for Direct Election of Mavor Government Code section 34900 et seq. provides the procedure for the electorate to decide whether the mayor should be directly elected. section 34900 allows the council to submit to the electors at any general municipal or special election the question of whether to elect a mayor and four council members and whether the mayor shall serve a two-year or four-year term. section 34901 specifies the form of the question, to be substantially as follows: "Shall the electors elect a mayor and four city councilmen?" Shall the term of office of mayor be two years? Shall the term of office of mayor be four years?" If a majority of the votes cast is affirmative, the office of mayor is elective and at the next general municipal election one of the offices of councilmember to be filled at that election shall be designated as the office of the mayor, to be filled at that election. (Government Code section 34902.) An elected mayor is a member of the council and has all the powers and duties of a councilmember. (Government Code section 34903.) In addition, an elected mayor shall, with the approval of the council, make all appointments to boards, commissions and committees, unless otherwise provided by statute. (Government Code EXHIBIT 1 . . TO: FROM: RE: DATE: PAGE: Richard Ambrose Elizabeth H. Silver Directly Elected Mayor November 15, 1991 2 section 40605.) I do not believe the electorate of a general law city, such as Dublin, can expand on the powers of the mayor beyond those set forth in sections 34903 and 40605. A directly elected mayor may be provided compensation in addition to that which he or she receives as a councilmember. (Government Code Section 36516.1.) Such additional compensation may be provided either by an ordinance adopted by the council, or by majority vote of the electors voting at a municipal election. If the question of compensation is to be decided by the voters, the amount of compensation must be presented to the voters. Procedures to Place Question Before voters in June 1992 The council may present the question of directly electing the mayor to the electorate by placing an ordinance on the ballot at the next succeeding general municipal or special election called for that purpose, pursuant to Elections Code Section 4017. If the ordinance is enacted, it may only be amended by a vote of the people, unless the ordinance itself specifies otherwise. (Elections Code section 4013.) The ordinance would become effective ten days after the date the vote is declared by the city council. (Elections Code section 4013.) If the council were to call a special municipal election to vote on the question of electing the mayor and consolidate the special election with the June 1992 primary election, the electors would elect the mayor at the November 1992 general municipal election, assuming the proposition was passed. This would require designation by the council of one of the two council offices being elected in November 1992 as the mayor and the one remaining council office would be filled for a four-year term. (Government Code Section 34902 (a) .) This would result in the election of one councilmember and the mayor in 1992 with the remaining three councilmembers being elected in 1994. In the foregoing situation, in order to divide the four council offices evenly, one of the three councilmembers being elected in November 1994 could be elected for a two-year term. The council may designate one of the three council offices which would ordinarily be elected in November 1994 for four-year terms as a two-year office so that the mayor and two councilmembers would be elected at one election and the other two councilmembers would be elected at the election two years later. This would avoid the ; . . TO: FROM: RE: DATE: PAGE: Richard Ambrose Elizabeth H. Silver Directly Elected Mayor November 15, 1991 3 uneven staggering of election of councilmembers which otherwise occur. In this situation, Government Code section allows the council to provide that the person with the least will serve a two-year term. This must be done prior to the day for circulating nominating papers for the November election. would 34906 votes first 1994 If an incumbent councilmember is elected mayor, the vacancy on the council would be filled by the council pursuant to Government Code section 36512, which requires the council, within thirty (30) days of the vacancy, to fill the vacancy by appointment or call a special election. Alternatively, the council could enact an ordinance pursuant to Government Code section 36512.1, requiring that a special election be called immediately to fill every city council vacancy (including a vacancy in the office of directly elected mayor), to be held at the next regularly established election date not less than ninety (90) days from the call. If the council called a special election for the June 1992, the council could also request the Board of supervisors to consolidate the special municipal election with the general statewide election being held in June 1992. (Elections Code section 23302.) This requires that the Council submit a resolution requesting consolidation and setting forth the exact form of the question to appear on the ballot at least 88 days before the June election, although the Registrar of Voters requests that such resolutions be received at least 103 days before the election. The latest the Council could act to meet the legal deadline for consolidation would be the Council meeting to be held on February 24, 1992. If the elections are consolidated, it will be necessary to enter into an agreement with the County for payment of the costs of the election. The Registrar of Voters estimates that the cost will be in the range of $3,000 for the June 1992 election. Election Procedures Arguments for and against the proposal may be submitted to qualified electors in accordance with Elections Code section 5012. The council, any member of the Council authorized by the council, any individual voter eligible to vote on the question, any bonafide association of citizens or any combination of voters and associations may file ballot arguments. (Elections Code section 5013. ) . . TO: FROM: RE: DATE: PAGE: Richard Ambrose Elizabeth H. Silver Directly Elected Mayor November 15, 1991 4 The city Clerk shall enclose printed copies of both arguments with each sample ballot. Arguments should be titled: "Argument in favor (or against) Proposition " The ballot arguments: - Cannot exceed 300 words (Elections Code section 5013). - Must be accompanied by name(s) of person(s) submitting them (Elections Code Section 5014). - Can contain no more than 5 signatures. The city Clerk shall determine and fix a deadline for receipt of arguments based on time reasonably necessary to prepare and print the arguments and sample ballots and to allow for the 10- calendar-day public examination period. Persons who filed the argument in favor may prepare rebuttal arguments not exceeding 250 words. (Elections Code section 5014.5.) Rebuttal arguments shall be filed with the Clerk not more than 10 days after final date for filing direct arguments. Re bu t tal arguments may be included only if the council so provides in the resolution calling the election. (Elections Code section 5014.5(b).) If more than one argument for or against is submitted to the Clerk within the prescribed time, the city Clerk shall select one argument for and one against for distribution to voters. (Elections Code section 5016.) The Clerk shall give preference and priority to: 1. The city Councilor authorized members of the Council; 2. Individual voter or bonafide association of citizens, or combination of voters and associations who are bonafide sponsors or proponents of measures; 3. Bonafide associations of citizens; 4. Individual voters eligible to vote on the measure. When a city measure or proposition is placed on the ballot, the council may direct the city Clerk to transmit a copy of the measure to the city Attorney. The city Attorney shall prepare an . . TO: FROM: RE: DATE: PAGE: Richard Ambrose Elizabeth H. silver Directly Elected Mayor November 15, 1991 5 impartial analysis which shall be printed preceding arguments for and against the measure and shall not exceed 500 words. (Elections Code section 5011.) The resolution submitting the proposition to the voters should direct the City Attorney to prepare an impartial analysis within the time specified by statute. (Elections Code section 5015.) Conclusion If the council wishes to place before the voters the question of directly electing a mayor, the council must decide the following issues: (1) Should the mayor be compensated? (2) If the mayor should be compensated, (a) Should the electors decide the amount, or (b) Should the council wait until after the election and decide the amount by ordinance? If alternative (a) is selected, what amount of compensation should be included in the proposed ordinance to be submitted to the electors? (3) When should the question be presented to the electorate- -at a special election or at the next regular municipal election? (4) If the election of the mayor were to occur at the November 1992 election, should the person at the November 1994 election who receives the least votes serve a two- year term? Very truly yours, MEYERS, NAVE, RIBACK & WEST ~~~~ Elizabeth H. Silver EHS:apn 114\memo\mayor.ele . . 0 0 '" CO '" '" ...-! ~ CO CO - - '" tI) - - 0 0 - ~ 0 M ...-! ...-! ...-! l!) p:: tI)~ N ...-! - - N H H~ - - N N - Pol N N o'<:t' :>8 ...-! ...-! ...-! ...-! M :x: 0'1 0'1 0'\0'\ ~~ ~ - - -- to ...-! ...-! ...-!...-! ~~ ...-l >t ~ ...-! .-l ...-!...-! 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