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HomeMy WebLinkAbout7.2 Potential Ballot Measures for March or November 2024r DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 7.2 DATE: November 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT: Potential Ballot Measures for March or November 2024 Prepared by: Linda Smith, City Manager, and John Bakker, City Attorney EXECUTIVE SUMMARY: Based on direction given at the June 6, 2023 and August 15, 2023 City Council meetings, Staff was tasked with presenting proposed ballot measures for the March 5, 2024 Presidential Primary Election. Those proposed measures include a potential amendment to the Open Space Initiative of 2014 (the OSI) and to Mayor and City Council term limits. The owner of the property that would be the subject of the proposed amendment to the OSI desires additional time for outreach and planning on such a ballot measure, and therefore Staff is not presenting a proposed measure to amend the OSI. Several proposed term limits measures are presented for the City Council's consideration, which could be placed on either the March 5, 2024 or November 5, 2024 statewide elections. STAFF RECOMMENDATION: Deliberate and consider (a) doing nothing or (b) adopting, after determining whether to place the matter on the ballot for the March 5, 2024 Presidential Primary Election or the November 5, 2024 General Election, one of the six proposed resolutions calling an election. FINANCIAL IMPACT: The exact costs of the election are unknown. The Alameda County Registrar of Voters (ROV) indicates that the costs of a March 5, 2024 primary election would be in the range of $244,328- $314,136 based on the City's current voter registration of 34,904. Consolidation with elections held by other agencies could potentially reduce the costs further, but the ROV estimates that the costs would remain in the lower end of the range. There are also limited costs associated with printing the ballot materials, which Staff estimates to be approximately $5,000. Because the City is holding a municipal election on November 5, 2024, the additional costs associated with adding a ballot measure would be limited to the costs of printing the ballot materials. The Fiscal Year 2023-2024 budget included $206,000 for a March 2024 primary election. Page 1 of 6 1 DESCRIPTION: At the August 15, 2023 Study Session, the City Council discussed two potential ballot measures for consideration at this meeting — one related to the Open Space Initiative of 2014 and another related to term limits. At that meeting, Staff was directed to bring back ballot language for both measures for discussion on November 7. Open Space Initiative (OSI) The Dublin OSI, in general, limits the City's ability to consider development outside of its existing City limits, but it required the City Council to study whether to place a measure on the ballot to change the City's General Plan and allow development along the proposed Dublin Boulevard extension between Dublin and Livermore (the Crosby property) and no more than 1,200 feet north of I-580. Following the Study Session, Staff, as directed by the City Council, consulted with the owner of the Crosby property (Crosby). Crosby conferred with various professionals and informed the City that Crosby desires to proceed with planning for an election in November 2024. Crosby indicated that it desires more time for community and stakeholder engagement and outreach, including discussions with the City of Livermore, and that a discussion about ballot placement at tonight's meeting is premature and unnecessary. Given this feedback, Staff determined that it would not be prudent to bring back ballot language at this time for the City Council's consideration. Term Limits On June 6, 2023, the City Council received a report from Staff which included a review of the current Municipal Code provision (shown below), which was approved by the Dublin voters in 1996. "No person shall serve as Councilmember for more than two (2) consecutive terms, nor shall any person serve as Mayor for more than four (4) consecutive terms. In addition: (A) no person who has served as a Councilmember for one (1) term shall serve more than two (2) terms as Mayor if the terms as Councilmember and Mayor are consecutive; (B) no person who has served as Councilmember for two (2) consecutive terms shall serve a consecutive term as Mayor; (C) no person who has served as Mayor for three (3) or four (4) consecutive terms shall serve a consecutive term as a Councilmember; (D) no person who has served as Mayor for two (2) consecutive terms shall serve more than one (1) succeeding consecutive term as Councilmember; (E) no person who has served consecutive terms as Mayor and Councilmember shall serve more than one (1) more consecutive term as Mayor; and (F) no person who has served consecutive terms as Mayor and Councilmember shall serve another consecutive term as Councilmember. As used herein, a person shall be considered to have served a term of office as a Councilmember if such person has served as a Councilmember for two (2) years plus one (1) day and a person shall be considered to have served a term of office as Mayor ifsuch person has served as Mayor for one (1) year plus one (1) day" In addition, the City Council received a report on the term limits in neighboring jurisdictions and Page 2 of 6 2 the report showed that the City of Dublin had the strictest term limit regulations among the cities in Alameda County and the Tri-Valley. As part of the discussion, concerns were raised about moving from at -large elections to district -based elections and whether having such stringent term limits would ultimately affect the continued strong governance structure in the community. At that meeting, the City Council, by consensus, directed Staff to return with draft Ordinance language for the November 2024 General Municipal Election ballot that would ask the voters to limit Mayor and Council terms to 12 years, exclude councilmembers elected prior to the change in term limits, and clean up the current language around defining a term. Then, at its August 15 Study Session, the City Council reviewed the most recent biennial survey and discussed potential ballot measures. At that meeting, the City Council, by a majority, directed Staff to prepare materials for two ballot measures for March 2024, one regarding term limits and the other regarding a potential annexation at the City's eastern edge. As noted previously, the ballot measure for the OSI will not proceed based on a lack of support from the property owner until November 2024. Because of the expressed desires at the June 6 meeting and August 15 Study Session, Staff has brought back various options for the City Council's consideration regarding potential amendments to the term limits ordinance. As a reminder, any amendments to the term limits ordinance require voter approval. Given the various viewpoints and our research on measures that amend term limits (Attachment 1), Staff has produced six different options for the City Council's consideration. Although Staff's judgments about the likelihood of success are unsupported by scientific polling, we have numbered the options on a spectrum from least (Option 1A) to most (Option 3B) likely to succeed based on our research. The following summarizes each of the options and includes the proposed ballot question. The proposed legislation and ballot questions are based on the rationales offered by the City Council at the June 6, 2023 meeting and Staff's review of successful term limits measures. Attachment 2 includes the spectrum of ballot questions in tabular format. Option 1A: Option 1A (Attachment 3) is based on the direction given at the June 6, 2023 City Council meeting, with one exception. It would amend the existing term limits ordinance to (a) increase the number of terms from the equivalent of two city council terms (eight years) to the equivalent of three (12 years) and (b) clarify partial terms language to make clear that half of a term or less is not counted toward the term limit. It also includes some additional non -substantive changes proposed by the City Attorney to eliminate ambiguities in the existing ordinance and/or created by changes in state law. Unlike the direction at the June 6 meeting, Option 1A would apply to the current Mayor and Councilmembers. Proposed ballot question for Option 1A: For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a Page 3 of 6 3 person to serve consecutive terms that exceed 10 years, shall the Dublin Municipal Code be amended to impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers? O ption 1 B: Option 1B (Attachment 4) is identical to Option 1A, except that the amendments would not apply to current Mayor and Councilmembers. The only changes are the addition of text to the ballot question and proposed ordinance reflecting that policy difference. Proposed ballot question for Option 1B: For the purpose ofretaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current Mayor and City Councilmembers? Option 2A: Option 2A (Attachment 5) makes a significant change to the structure of the City's term limits. Presently, the ordinance limits consecutive terms. Thus, under the existing term limits, a person, after hitting the limit, can take a period of time off and run again. Option 2A establishes a lifetime 12-year term limit (see Exhibit A to Attachment 5). Thus, once a person served 12 years, they would no longer be eligible to run for Mayor or City Council. This structure avoids the need for the ordinance to address partial terms. It is Staff's judgment, based on our unscientific research, that such a change would tend to be viewed more favorably by the electorate. Like Option 1A, it applies to the existing Mayor and Councilmembers. Proposed ballot question for Option 2A: For the purpose ofretaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers? O ption 2B: Option 2B (Attachment 6) is identical to Option 2A, except that the amendments would not apply to the current Mayor and Councilmembers. The only changes are the addition of text to the ballot question and proposed ordinance reflecting that policy difference. Proposed ballot question for Option 2B: For the purpose ofretaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current Mayor and City Councilmembers? Page 4 of 6 4 Option 3A: Option 3A (Attachment 7) takes a different approach. It is based on successful measures in Oxnard and Temple City. To increase the chances of success, the term limits changes are part of a larger package of reforms, labeled the Dublin Government Accountability Act. The reforms includes (a) the term limits amendments proposed in Option 1A, (b) a prohibition on councilmembers and commissioners accepting gifts from lobbyists and city contractors, (c) a prohibition on lobbyists sitting on City commissions, and (d) a requirement to post all City contracts on the City's website for public review. Like Options 1A and 2A, it applies to the existing Mayor and Councilmembers. Proposed ballot question for Option 3A: GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from acceptinggifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of12 years for the Mayor and/or City Councilmembers; and require posting of all City contracts on the City's website for public review? Option 3B: Option 3B (Attachment 8) is identical to Option 3A, except that the amendments would not apply to the current Mayor and Councilmembers. Proposed ballot question for Option 3B: GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from acceptinggifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers, while retaining existing term limits for the current Mayor and City Councilmembers; and require posting of all City contracts on the City's website for public review? The City Council will also need to determine at what election the measures would be considered by the electorate. There are upcoming elections on March 5, 2024 and November 5, 2024. For March 5, 2024, arguments and rebuttal arguments need to be submitted by, respectively, December 7, 2023 and December 18, 2023. For November 5, 2024, arguments and rebuttals must be submitted by August 2 and August 13, 2024 respectively. Areas where the dates need to be included are highlighted in the attachments, and the highlighting would be removed from the executed version of the resolution. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. Page 5 of 6 5 ENVIRONMENTAL REVIEW : Placing a City Council and Mayoral term limits measure on the ballot is not a project under CEQA because the proposed changes are, under CEQA Guidelines section 15378(b)(5), an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment. ATTACHMENTS: 1) Research on Term Limits Measures 2) Spectrum of Ballot Questions 3) Resolution Calling Election on Option 4) Resolution Calling Election on Option 5) Resolution Calling Election on Option 6) Resolution Calling Election on Option 7) Resolution Calling Election on Option 8) Resolution Calling Election on Option 1A (with proposed ordinance attached as Exhibit A) 1B (with proposed ordinance attached as Exhibit A) 2A (with proposed ordinance attached as Exhibit A) 2B (with proposed ordinance attached as Exhibit A) 3A (with proposed ordinance attached as Exhibit A) 3B (with proposed ordinance attached as Exhibit A) Page 6 of 6 6 Attachment I Success of Ballot Measures Increasing Term Limits Date City Ballot Question Results Yes No 11/8/2016 Albany Shall the Albany City Charter be amended to remove term limits Defeated 34.28% 65.72% for the Albany Unified School District School Board of Education Members, this provision to take effect on January 1, 2023? 11/8/2016 Temple City Shall the Temple City Charter be amended to do the following, Approved 86.35% 13.65% none of which grant the City new powers: prohibit Councilmembers and Commissioners from accepting City contractor or lobbyist gifts without full reimbursement; establish stricter Councilmember contribution and gift restrictions; impose overall limit of four terms for Councilmembers; prohibit City contractors, lobbyists, and employees from serving on City commissions; prohibit Council candidates from accepting City contractor or lobbyist contributions? 6/5/2018 Pinole Shall the City's ordinance limiting the number of successive terms of members of the Pinole City Council be eliminated? A "yes" vote will eliminate the City's existing term limits for Council members. A "no" vote will keep the City's existing term limits for Council members in effect. Defeated 21.14% 78.86% 11/6/2018 Menifee Shall Ordinance 2018-XXX, eliminating term limits applicable to Defeated 28.56% 71.44% the City Council members of the City of Menifee, and to the Mayor of the City of Menifee, be adopted? 11/6/2018 El Dorado County Shall the measure be adopted to amend the El Dorado County Defeated 23.40% 76.60% Charter Section 202 regarding Term Limits for Board of Supervisors to provide that one additional four year term of office be added to extend allowed terms to three, such that Board members shall be limited to three consecutive terms, with no other changes to this Charter Section? 3/3/2020 Oxnard Total 6 To increase fiscal accountability, prevent special interest influence/political conflicts of interest, improve City ethics, governance, transparency without new City powers, shall Oxnard City Code be amended to prohibit elected officials from accepting gifts from lobbyists/City contractors; impose contribution limits on candidates for all elected office; limit Mayor/Councilmembers to three consecutive four-year terms, require posting monthly financial reports and all expensive City contracts on City's website for public review? Approved 82.48% 17.52% Information from: https://ballotpedia.org/Local_term_limits_on_the_ballot and https://bal lotped ia.org/Tem ple_City,_Ca liforn ia,_Contractor_and_Lobbyist_G ifts_Charter_Amendment,_Measu re_AA_(Novem ber_201 6) 7 Attachment 2 Least Likely Option 1A For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve consecutive terms that exceed 10 years, shall the Dublin Municipal Code be amended to impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers? 5508366.1 Option 1B For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current Mavor and City Councilmembers? Spectrum of Ballot Measure Questions Option 2A For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers? Option 2B For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers while retaining existina term limits for the current Mayor and City Councilmembers? Option 3A GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from accepting gifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers; and require posting of all City contracts on the City's website for public review? ► Most Likely Option 3B GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from accepting gifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers, while retainina existing term limits for the current Mavor and City Councilmembers; and require posting of all City contracts on the City's website for public review? 8 Attachment 3 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF DUBLIN AN ORDINANCE TO AMEND THE TERM LIMITS FOR MAYOR AND CITY COUNCIL; CALLING FOR AN ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON 5, 2024; FIXING THE DATE AND MANNER OF THE ELECTION AND THE PROCEDURE FOR VOTING THEREIN; AND PROVIDING FOR NOTICE THEREFOR WHEREAS, in November 1996 regulations governing Mayor and City Council term limits were approved by Dublin voters and as a result set the maximum consecutive terms for Mayor and Council at, respectively, four terms and two terms for a total of 8 years, subject to an exception for a partial term that is less than 1 or 2 years, respectively, for the Mayor and City Council; and WHEREAS, the City's term limits are among the shortest in Alameda County and the Tri-Valley region; and WHEREAS, in 2024 the City of Dublin will transition to district -based elections; and WHEREAS, adding an additional 4 years to the limit on consecutive terms will contribute to the continuity on the City Council that is required with the transition to district - based elections; and WHEREAS, due to the changes in state law since the 1996 enactment of the term limits that effect the length of Mayor and City Council, a loophole exists in the existing term limits that can allow a person to serve consecutive terms that exceeds 10 years; and WHEREAS, the measure proposed by this resolution would impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers and close the existing loophole in the City's term limits; and WHEREAS, only the voters can change or amend term limits of the Mayor and City Council; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of 9 municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the Elections Code of the State of California and other applicable law, there is called and ordered to be held in the City of Dublin, California, on 5, 2024, and the measure that would adopt an ordinance amending the term limits of the Mayor and City Council shall be included on this ballot. Section 2. The ballot question for the proposed ordinance shall be as follows: "For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve consecutive terms that exceed 10 years, shall the Dublin Municipal Code be amended to impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers?" Section 3. The Ordinance to be considered by the voters pursuant to Section 2 of this Resolution is as set forth in Exhibit A. Section 4. (a) An election on the measure set forth in Section 2 shall be held in consolidation with the statewide election to be held on 5, 2024 and shall be held and conducted in the manner prescribed in section 10418 of the Elections Code of the State of California. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and within the Elections Code. (c) The election for the measure set forth Section 2 shall be held as required by law, and the Alameda County Registrar of Voters is authorized to canvas the returns of that election with respect to the votes cast in the City of Dublin. (d) At the next regular meeting of the City Council of the City of Dublin occurring after the returns of the election for the measure set forth in Section 2 have been canvassed and the certification of the results provided to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 5. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. 10 (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument Against Measure " or "Argument In Favor of Measure _ " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by 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. Arguments are due in the office of the City Clerk prior to 4:00 p.m., on , (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code section 9282, any councilmembers authorized by the City Council to do so may sign the argument against the measure. (e) Alternatively, pursuant to Elections Code section Elections Code section 9282(b), the City Council may authorize, by motion, a member or members of the City Council to cooperate with members of the community and/or interested parties and/or organizations to prepare a draft argument against the measure. Section 6. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed 250 words and shall not be signed by more than five persons. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 4:00 p.m. on Section 7. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. Section 8. The City of Dublin recognizes that additional costs may be incurred by the 11 County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 9. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Section 10 to be published once in a newspaper of general circulation in accordance with California Elections Code. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law. (b) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. PASSED, APPROVED AND ADOPTED this , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5509955.4 12 Exhibit A AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 2.08.050 OF THE DUBLIN MUNICIPAL CODE RELATED TO TERM LIMITS FOR MAYOR AND CITY COUNCIL The People of the City of Dublin do ordain as follows: Section 1. Section 2.08.050 of the Dublin Municipal Code, entitled Term Limits, is amended to read as follows: "No person shall serve consecutive terms as Councilmember, Mayor, or any combination of Councilmember or Mayor that would exceed 12 years. For the exclusive purpose of measuring duration under this provision and for no other purpose, the terms of Mayor and Councilmembers shall be deemed to start and end on December 1 following the general municipal election at which such office, as the case may be, is regularly filled. Notwithstanding the foregoing, (a) any partial term served by a Councilmember or Mayor shall not be considered a consecutive term if it commenced on or after the first (with respect to the Mayor) or second (with respect to a Councilmember) anniversary of the date on which the former incumbent's term commenced, and in such cases the initial consecutive term shall be deemed to have commenced under this Section when the Councilmember or Mayor commences his or her subsequent term." 13 Attachment 4 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF DUBLIN AN ORDINANCE TO AMEND THE TERM LIMITS FOR MAYOR AND CITY COUNCIL; CALLING FOR AN ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON 5, 2024; FIXING THE DATE AND MANNER OF THE ELECTION AND THE PROCEDURE FOR VOTING THEREIN; AND PROVIDING FOR NOTICE THEREFOR WHEREAS, in November 1996 regulations governing Mayor and City Council term limits were approved by Dublin voters and as a result set the maximum consecutive terms for Mayor and Council at, respectively, four terms and two terms for a total of 8 years, subject to an exception for a partial term that is less than 1 or 2 years, respectively, for the Mayor and City Council; and WHEREAS, the City's term limits are among the shortest in Alameda County and the Tri-Valley region; and WHEREAS, in 2024 the City of Dublin will transition to district -based elections; and WHEREAS, adding an additional 4 years to the limit on consecutive terms will contribute to the continuity on the City Council that is required with the transition to district - based elections; and WHEREAS, due to the changes in state law since the 1996 enactment of the term limits that effect the length of Mayor and City Council, a loophole exists in the existing term limits that can allow a person to serve consecutive terms that exceeds 10 years; and WHEREAS, the measure proposed by this resolution would impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers and close the existing loophole in the City's term limits; and WHEREAS, only the voters can change or amend term limits of the Mayor and City Council; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of 14 municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the Elections Code of the State of California and other applicable law, there is called and ordered to be held in the City of Dublin, California, on 5, 2024, and the measure that would adopt an ordinance amending the term limits of the Mayor and City Council shall be included on this ballot. Section 2. The ballot question for the proposed ordinance shall be as follows: "For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve consecutive terms that exceed 10 years, shall the Dublin Municipal Code be amended to impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for current members of the City Council?" Section 3. The Ordinance to be considered by the voters pursuant to Section 2 of this Resolution is as set forth in Exhibit A. Section 4. (a) An election on the measure set forth in Section 2 shall be held in consolidation with the statewide election to be held on 5, 2024 and shall be held and conducted in the manner prescribed in section 10418 of the Elections Code of the State of California. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and within the Elections Code. (c) The election for the measure set forth Section 2 shall be held as required by law, and the Alameda County Registrar of Voters is authorized to canvas the returns of that election with respect to the votes cast in the City of Dublin. (d) At the next regular meeting of the City Council of the City of Dublin occurring after the returns of the election for the measure set forth in Section 2 have been canvassed and the certification of the results provided to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 5. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. 15 (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument Against Measure " or "Argument In Favor of Measure _ " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by 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. Arguments are due in the office of the City Clerk prior to 4:00 p.m., on , (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code section 9282, any councilmembers authorized by the City Council to do so may sign the argument against the measure. (e) Alternatively, pursuant to Elections Code section Elections Code section 9282(b), the City Council may authorize, by motion, a member or members of the City Council to cooperate with members of the community and/or interested parties and/or organizations to prepare a draft argument against the measure. Section 6. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed 250 words and shall not be signed by more than five persons. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 4:00 p.m. on Section 7. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. Section 8. The City of Dublin recognizes that additional costs may be incurred by the 16 County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 9. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Section 10 to be published once in a newspaper of general circulation in accordance with California Elections Code. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law. (b) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. PASSED, APPROVED AND ADOPTED this , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5510523.2 17 Exhibit A AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 2.08.050 OF THE DUBLIN MUNICIPAL CODE RELATED TO TERM LIMITS FOR MAYOR AND CITY COUNCIL The People of the City of Dublin do ordain as follows: Section 1. Section 2.08.050 of the Dublin Municipal Code, entitled Term Limits, is amended to read as follows: "No person shall serve consecutive terms as Councilmember, Mayor, or any combination of Councilmember or Mayor that would exceed 12 years. For the exclusive purpose of measuring duration under this provision and for no other purpose, the terms of Mayor and Councilmembers shall be deemed to start and end on December 1 following the general municipal election at which such office, as the case may be, is regularly filled. Notwithstanding the foregoing, (a) any partial term served by a Councilmember or Mayor shall not be considered a consecutive term if it commenced on or after the first (with respect to the Mayor) or second (with respect to a Councilmember) anniversary of the date on which the former incumbent's term commenced, and in such cases the initial consecutive term shall be deemed to have commenced under this Section when the Councilmember or Mayor commences his or her subsequent term. Mayors and Councilmembers who were in office on the effective date of this subdivision may serve only the number of terms allowed at the time of the last election before this provision was enacted." 18 Attachment 5 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF DUBLIN AN ORDINANCE TO AMEND THE TERM LIMITS FOR MAYOR AND CITY COUNCIL; CALLING FOR AN ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON 5, 2024; FIXING THE DATE AND MANNER OF THE ELECTION AND THE PROCEDURE FOR VOTING THEREIN; AND PROVIDING FOR NOTICE THEREFOR WHEREAS, in November 1996 regulations governing Mayor and City Council term limits were approved by Dublin voters and as a result set the maximum consecutive terms for Mayor and Council at, respectively, four terms and two terms for a total of 8 years, subject to an exception for a partial term that is less than 1 or 2 years, respectively, for the Mayor and City Council; and WHEREAS, the City's term limits are among the shortest in Alameda County and the Tri-Valley region; and WHEREAS, in 2024 the City of Dublin will transition to district -based elections; and WHEREAS, adding an additional 4 years to the limit on consecutive terms will contribute to the continuity on the City Council that is required with the transition to district - based elections; and WHEREAS, due to the changes in state law since the 1996 enactment of the term limits that effect the length of Mayor and City Council, a loophole exists in the existing term limits that can allow a person to serve consecutive terms that exceeds 10 years; and WHEREAS, the measure proposed by this resolution would impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers and close the existing loophole in the City's term limits; and WHEREAS, only the voters can change or amend term limits of the Mayor and City Council; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of 19 municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the Elections Code of the State of California and other applicable law, there is called and ordered to be held in the City of Dublin, California, on 5, 2024, and the measure that would adopt an ordinance amending the term limits of the Mayor and City Council shall be included on this ballot. Section 2. The ballot question for the proposed ordinance shall be as follows: "For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers?" Section 3. The Ordinance to be considered by the voters pursuant to Section 2 of this Resolution is as set forth in Exhibit A. Section 4. (a) An election on the measure set forth in Section 2 shall be held in consolidation with the statewide election to be held on 5, 2024 and shall be held and conducted in the manner prescribed in section 10418 of the Elections Code of the State of California. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and within the Elections Code. (c) The election for the measure set forth Section 2 shall be held as required by law, and the Alameda County Registrar of Voters is authorized to canvas the returns of that election with respect to the votes cast in the City of Dublin. (d) At the next regular meeting of the City Council of the City of Dublin occurring after the returns of the election for the measure set forth in Section 2 have been canvassed and the certification of the results provided to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 5. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. 20 (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument Against Measure " or "Argument In Favor of Measure _ " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by 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. Arguments are due in the office of the City Clerk prior to 4:00 p.m., on , (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code section 9282, any councilmembers authorized by the City Council to do so may sign the argument against the measure. (e) Alternatively, pursuant to Elections Code section Elections Code section 9282(b), the City Council may authorize, by motion, a member or members of the City Council to cooperate with members of the community and/or interested parties and/or organizations to prepare a draft argument against the measure. Section 6. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed 250 words and shall not be signed by more than five persons. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 4:00 p.m. on Section 7. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. Section 8. The City of Dublin recognizes that additional costs may be incurred by the 21 County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 9. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Section 10 to be published once in a newspaper of general circulation in accordance with California Elections Code. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law. (b) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. PASSED, APPROVED AND ADOPTED this , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5510544.2 22 Exhibit A AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 2.08.050 OF THE DUBLIN MUNICIPAL CODE RELATED TO TERM LIMITS FOR MAYOR AND CITY COUNCIL The People of the City of Dublin do ordain as follows: Section 1. Section 2.08.050 of the Dublin Municipal Code, entitled Term Limits, is amended to read as follows: "During her or his lifetime a person may serve no more than 12 years as Mayor, Councilmember, or both, in any combination of terms. For the exclusive purpose of measuring duration under this provision and for no other purpose, the terms of Mayor and Councilmembers shall be deemed to start and end on December 1 following the general municipal election at which such office, as the case may be, is regularly filled." 5510544.2 23 24 Attachment 6 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF DUBLIN AN ORDINANCE TO AMEND THE TERM LIMITS FOR MAYOR AND CITY COUNCIL; CALLING FOR AN ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON 5, 2024; FIXING THE DATE AND MANNER OF THE ELECTION AND THE PROCEDURE FOR VOTING THEREIN; AND PROVIDING FOR NOTICE THEREFOR WHEREAS, in November 1996 regulations governing Mayor and City Council term limits were approved by Dublin voters and as a result set the maximum consecutive terms for Mayor and Council at, respectively, four terms and two terms for a total of 8 years, subject to an exception for a partial term that is less than 1 or 2 years, respectively, for the Mayor and City Council; and WHEREAS, the City's term limits are among the shortest in Alameda County and the Tri-Valley region; and WHEREAS, in 2024 the City of Dublin will transition to district -based elections; and WHEREAS, adding an additional 4 years to the limit on consecutive terms will contribute to the continuity on the City Council that is required with the transition to district - based elections; and WHEREAS, due to the changes in state law since the 1996 enactment of the term limits that effect the length of Mayor and City Council, a loophole exists in the existing term limits that can allow a person to serve a consecutive terms that exceeds 10 years; and WHEREAS, the measure proposed by this resolution would impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers and close the existing loophole in the City's term limits; and WHEREAS, only the voters can change or amend term limits of the Mayor and City Council; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of 25 municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the Elections Code of the State of California and other applicable law, there is called and ordered to be held in the City of Dublin, California, on 5, 2024, and the measure that would adopt an ordinance amending the term limits of the Mayor and City Council shall be included on this ballot. Section 2. The ballot question for the proposed ordinance shall be as follows: "For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current Mayor and City Councilmembers?" Section 3. The Ordinance to be considered by the voters pursuant to Section 2 of this Resolution is as set forth in Exhibit A. Section 4. (a) An election on the measure set forth in Section 2 shall be held in consolidation with the statewide election to be held on 5, 2024 and shall be held and conducted in the manner prescribed in section 10418 of the Elections Code of the State of California. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and within the Elections Code. (c) The election for the measure set forth Section 2 shall be held as required by law, and the Alameda County Registrar of Voters is authorized to canvas the returns of that election with respect to the votes cast in the City of Dublin. (d) At the next regular meeting of the City Council of the City of Dublin occurring after the returns of the election for the measure set forth in Section 2 have been canvassed and the certification of the results provided to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 5. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. 26 (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument Against Measure " or "Argument In Favor of Measure _ " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by 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. Arguments are due in the office of the City Clerk prior to 4:00 p.m., on (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code section 9282, any councilmembers authorized by the City Council to do so may sign the argument against the measure. (e) Alternatively, pursuant to Elections Code section Elections Code section 9282(b), the City Council may authorize, by motion, a member or members of the City Council to cooperate with members of the community and/or interested parties and/or organizations to prepare a draft argument against the measure. Section 6. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed 250 words and shall not be signed by more than five persons. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 4:00 p.m. on Section 7. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. Section 8. The City of Dublin recognizes that additional costs may be incurred by the 27 County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 9. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Section 10 to be published once in a newspaper of general circulation in accordance with California Elections Code. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law. (b) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. PASSED, APPROVED AND ADOPTED this , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 28 Exhibit A AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 2.08.050 OF THE DUBLIN MUNICIPAL CODE RELATED TO TERM LIMITS FOR MAYOR AND CITY COUNCIL The People of the City of Dublin do ordain as follows: Section 1. Section 2.08.050 of the Dublin Municipal Code, entitled Term Limits, is amended to read as follows: "During her or his lifetime a person may serve no more than 12 years as Mayor, Councilmember, or both, in any combination of terms. For the exclusive purpose of measuring duration under this provision and for no other purpose, the terms of Mayor and Councilmembers shall be deemed to start and end on December 1 following the general municipal election at which such office, as the case may be, is regularly filled. Mayors and Councilmembers who were in office on the effective date of this subdivision may serve only the number of consecutive terms allowed at the time of the last election before this provision was enacted." 5510674.2 29 Attachment 7 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF DUBLIN AN ORDINANCE ENTITLED "GOVERNMENT ACCOUNTABILITY ACT" TO 1) PROHIBIT COUNCILMEMBERS AND COMMISSIONERS FROM ACCEPTING GIFTS FROM LOBBYISTS AND CITY CONTRACTORS, 2) PROHIBIT LOBBYISTS FROM SITTING ON CITY COMMISSIONS, 3) AMEND THE TERM LIMITS FOR MAYOR AND CITY COUNCIL, 4) REQUIRE POSTING OF CITY CONTRACTS ON THE CITY'S WEBSITE, 5) CALLING FOR AN ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON 5, 2024; 6) FIXING THE DATE AND MANNER OF THE ELECTION AND THE PROCEDURE FOR VOTING THEREIN; AND 7) PROVIDING FOR NOTICE THEREFOR WHEREAS, the City of Dublin prioritizes the community's trust and confidence in City practices, including institutionalizing good government provisions related to fiscal accountability, ethics, and transparency; and WHEREAS, the City of Dublin is committed to building confidence in its efforts to maintain public accountability and transparency; and WHEREAS, the Government Accountability Act would prohibit the Dublin Mayor, members of the City Council, City Clerk, City Treasurer, and Planning Commissioners from accepting gifts from lobbyists or City contractors, eliminating related conflicts of interests; and WHEREAS, the Government Accountability Act would prohibit lobbyists from sitting on City commissions; and WHEREAS, in November 1996 regulations governing Mayor and City Council term limits were approved by Dublin voters and as a result set the maximum consecutive terms for Mayor and Council at, respectively, four terms and two terms for a total of 8 years, subject to an exception for a partial term that is less than 1 or 2 years, respectively, for the Mayor and City Council; and WHEREAS, the City's term limits are among the shortest in Alameda County and the Tri-Valley region; and WHEREAS, in 2024 the City of Dublin will transition to district -based elections; and 30 WHEREAS, adding an additional 4 years to the limit on consecutive terms will contribute to the continuity on the City Council that is required with the transition to district - based elections; and WHEREAS, due to the changes in state law since the 1996 enactment of the term limits that effect the length of Mayor and City Council, a loophole exists in the existing term limits that can allow a person to serve a consecutive terms that exceeds 10 years; and WHEREAS, the measure proposed by this resolution would impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers and close the existing loophole in the City's term limits; and WHEREAS, the Government Accountability Act would require the City to post all City contracts on the City's website for public review, expanding transparency and the public's ability to view these types of financial materials; and WHEREAS, the City Council desires to submit a measure entitled the Government Accountability Act to the voters of the City at a Presidential Election to be held on November 5, 2023, and to be consolidated with any other election to be held on that date; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the Elections Code of the State of California and other applicable law, there is called and ordered to be held in the City of Dublin, California, on 5, 2024, and the measure that would adopt an ordinance amending the term limits of the Mayor and City Council shall be included on this ballot. Section 2. The ballot question for the proposed ordinance shall be as follows: "GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from accepting gifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers; and require posting of all City contracts on the City's website for public review?" Section 3. The Ordinance to be considered by the voters pursuant to Section 2 of this Resolution is as set forth in Exhibit A. 31 Section 4. (a) An election on the measure set forth in Section 2 shall be held in consolidation with the statewide election to be held on 5, 2024 and shall be held and conducted in the manner prescribed in section 10418 of the Elections Code of the State of California. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and within the Elections Code. (c) The election for the measure set forth Section 2 shall be held as required by law, and the Alameda County Registrar of Voters is authorized to canvas the returns of that election with respect to the votes cast in the City of Dublin. (d) At the next regular meeting of the City Council of the City of Dublin occurring after the returns of the election for the measure set forth in Section 2 have been canvassed and the certification of the results provided to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 5. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument Against Measure " or "Argument In Favor of Measure _ " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by 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. Arguments are due in the office of the City Clerk prior to 4:00 p.m., on , (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code section 9282, any councilmembers authorized by the City Council to do so may sign the argument against the measure. (e) Alternatively, pursuant to Elections Code section Elections Code section 9282(b), the City Council may authorize, by motion, a member or members of the City 32 Council to cooperate with members of the community and/or interested parties and/or organizations to prepare a draft argument against the measure. Section 6. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed 250 words and shall not be signed by more than five persons. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 4:00 p.m. on _, Section 7. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. Section 8. The City of Dublin recognizes that additional costs may be incurred by the County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 9. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Section 10 to be published once in a newspaper of general circulation in accordance with California Elections Code. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law. (b) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 33 PASSED, APPROVED AND ADOPTED this , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5510695.2 34 Exhibit A AN ORDINANCE OF THE CITY OF DUBLIN ADOPTING THE DUBLIN GOVERNMENT ACCOUNTABILITY ACT The People of the City of Dublin do ordain as follows: Section 1. Chapter 2.50 is added to Title 2 of the Dublin Municipal Code to read as follows: "Chapter 2.50 PROHIBITION ON ACCEPTANCE OF GIFTS FROM AND SERVICE ON CITY COMMISSIONS BY CITY CONTRACTORS AND LOBBYISTS Section 2.50.010 Prohibition on Acceptance of Gifts. No elected City official or member of a City commission may receive any gift from a City contractor or lobbyist. No person may make, and no elected City official or member of a City commission accept, any gift with the intent to influence an elected City official or members of a City commission in the performance of any official act. No elected City official or members of a City commission may accept or receive any gift from anyone other than the City for the performance of a specific service or act that the elected City official or members of a City commission is expected to render in the regular course of his or her City duties, or for advice about City processes. Section 2.50.020 Prohibition from Serving on Commissions. Lobbyists are not eligible for membership on commissions created by the City Council. A commissioner shall be deemed to have forfeited his or her office upon becoming a lobbyist. Section 2.50.030 Definitions. For purposes of this Chapter, "City contractor" is any person or entity that contracts or is seeking to contract 35 with the City. "Elected City official" shall mean the Mayor or a member of the City Council. "Gift" is any payment or other benefit that confers a personal benefit for which an elected City official or a member of a City commission does not provide payment or services of equal or greater value. A gift includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public. An elected City official or a member of a City commission has received or accepted a gift when he or she has actual possession of the gift or when he or she takes any action exercising direction or control over the gift, including discarding the gift or turning it over to another person. This includes gifts that are accepted by someone else on the official's behalf and gifts made to others at the direction of the official. A "gift" does not include items that are returned (unused) to the donor, for which the official reimburses the donor within 30 days of receipt, or that are donated unused to a non-profit, tax- exempt (501 (c)(3)) organization in which the official or immediate family member does not hold a position, or to a government agency within 30 days of receipt without claiming a deduction for tax purposes. "Lobbyist" is any person who during the prior 12 months knowingly attempted to influence an elected City official or members of a City commission in any legislative or administrative action. A "member of a City commission" is a commissioner of the Planning Commission, the Human Services Commission, the Parks and Community Services Commission, the Heritage and Cultural Arts Commission, and any other Commission that is created by the City Council of the City of Dublin." Section 2. read as follows: Chapter 2.52 is added to Title 2 of the Dublin Municipal Code to "Chapter 2.52 TRANSPARENCY IN PUBLIC CONTRACTS AND FINANCIAL REPORTING 2.52.010 Posting of City Contracts on City Website for Public Review All agreements requiring City Council approval must be posted on the City's website and be made available to the public prior to City Council 36 action unless the City Attorney determines that to do so would not be in the City's interest. 2.52.020 Posting of Monthly Financial Statements on City Website. To help ensure transparency, the City shall timely post on its website monthly financial reporting including budget to actual results for revenues and expenditures for major funds within the City's annual budget." Section 4. Section 2.08.050 of the Dublin Municipal Code, entitled Term Limits, is amended to read as follows: "2.08.050 Term limits. No person shall serve consecutive terms as Councilmember, Mayor, or any combination of Councilmember or Mayor that would exceed 12 years. For the exclusive purpose of measuring duration under this provision and for no other purpose, the terms of Mayor and Councilmembers shall be deemed to start and end on December 1 following the general municipal election at which such office, as the case may be, is regularly filled. Notwithstanding the foregoing, any partial term served by a Councilmember or Mayor shall not be considered a consecutive term if it commenced on or after the first (with respect to the Mayor) or second (with respect to a Councilmember) anniversary of the date on which the former incumbent's term commenced, and in such cases the initial consecutive term shall be deemed to have commenced under this Section when the Councilmember or Mayor commences his or her subsequent term." Section 6. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The voters of the City of Dublin hereby declares that they would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 5510695.2 37 Attachment 8 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF DUBLIN AN ORDINANCE ENTITLED "GOVERNMENT ACCOUNTABILITY ACT" TO 1) PROHIBIT COUNCILMEMBERS AND COMMISSIONERS FROM ACCEPTING GIFTS FROM LOBBYISTS AND CITY CONTRACTORS, 2) PROHIBIT LOBBYISTS FROM SITTING ON CITY COMMISSIONS, 3) AMEND THE TERM LIMITS FOR MAYOR AND CITY COUNCIL, 4) REQUIRE POSTING OF CITY CONTRACTS ON THE CITY'S WEBSITE, 5) CALLING FOR AN ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON 5, 2024; 6) FIXING THE DATE AND MANNER OF THE ELECTION AND THE PROCEDURE FOR VOTING THEREIN; AND 7) PROVIDING FOR NOTICE THEREFOR WHEREAS, the City of Dublin prioritizes the community's trust and confidence in City practices, including institutionalizing good government provisions related to fiscal accountability, ethics, and transparency; and WHEREAS, the City of Dublin is committed to building confidence in its efforts to maintain public accountability and transparency; and WHEREAS, the Government Accountability Act would prohibit the Dublin Mayor, members of the City Council, City Clerk, City Treasurer, and Planning Commissioners from accepting gifts from lobbyists or City contractors, eliminating related conflicts of interests; and WHEREAS, the Government Accountability Act would prohibit lobbyists from sitting on City commissions; and WHEREAS, in November 1996 regulations governing Mayor and City Council term limits were approved by Dublin voters and as a result set the maximum consecutive terms for Mayor and Council at, respectively, four terms and two terms for a total of 8 years, subject to an exception for a partial term that is less than 1 or 2 years, respectively, for the Mayor and City Council; and WHEREAS, the City's term limits are among the shortest in Alameda County and the Tri-Valley region; and WHEREAS, in 2024 the City of Dublin will transition to district -based elections; and 38 WHEREAS, adding an additional 4 years to the limit on consecutive terms will contribute to the continuity on the City Council that is required with the transition to district - based elections; and WHEREAS, due to the changes in state law since the 1996 enactment of the term limits that effect the length of Mayor and City Council, a loophole exists in the existing term limits that can allow a person to serve consecutive terms that exceeds 10 years; and WHEREAS, the measure proposed by this resolution would impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers and close the existing loophole in the City's term limits; and WHEREAS, the Government Accountability Act would require the City to post all City contracts on the City's website for public review, expanding transparency and the public's ability to view these types of financial materials; and WHEREAS, the City Council desires to submit a measure entitled the Government Accountability Act to the voters of the City at a Presidential Election to be held on 5, 2024, and to be consolidated with any other election to be held on that date; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the Elections Code of the State of California and other applicable law, there is called and ordered to be held in the City of Dublin, California, on 5, 2024, and the measure that would adopt an ordinance amending the term limits of the Mayor and City Council shall be included on this ballot. Section 2. The ballot question for the proposed ordinance shall be as follows: "GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from accepting gifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers, while retaining existing term limits for current members of the City Council; and require posting of all City contracts on the City's website for public review?" 39 Section 3. The Ordinance to be considered by the voters pursuant to Section 2 of this Resolution is as set forth in Exhibit A. Section 4. (a) An election on the measure set forth in Section 2 shall be held in consolidation with the statewide election to be held on 5, 2024 and shall be held and conducted in the manner prescribed in section 10418 of the Elections Code of the State of California. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and within the Elections Code. (c) The election for the measure set forth Section 2 shall be held as required by law, and the Alameda County Registrar of Voters is authorized to canvas the returns of that election with respect to the votes cast in the City of Dublin. (d) At the next regular meeting of the City Council of the City of Dublin occurring after the returns of the election for the measure set forth in Section 2 have been canvassed and the certification of the results provided to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 5. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument Against Measure " or "Argument In Favor of Measure _ " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by 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. Arguments are due in the office of the City Clerk prior to 4:00 p.m., on , (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code section 9282, any councilmembers authorized by the City Council to do so may sign the argument against the measure. 40 (e) Alternatively, pursuant to Elections Code section Elections Code section 9282(b), the City Council may authorize, by motion, a member or members of the City Council to cooperate with members of the community and/or interested parties and/or organizations to prepare a draft argument against the measure. Section 6. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed 250 words and shall not be signed by more than five persons. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 4:00 p.m. on Section 7. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. Section 8. The City of Dublin recognizes that additional costs may be incurred by the County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 9. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Section 10 to be published once in a newspaper of general circulation in accordance with California Elections Code. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law. (b) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 41 PASSED, APPROVED AND ADOPTED this , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5510750.2 42 Exhibit A AN ORDINANCE OF THE CITY OF DUBLIN ADOPTING THE DUBLIN GOVERNMENT ACCOUNTABILITY ACT The People of the City of Dublin do ordain as follows: Section 1. Chapter 2.50 is added to Title 2 of the Dublin Municipal Code to read as follows: "Chapter 2.50 PROHIBITION ON ACCEPTANCE OF GIFTS FROM AND SERVICE ON CITY COMMISSIONS BY CITY CONTRACTORS AND LOBBYISTS Section 2.50.010 Prohibition on Acceptance of Gifts. No elected City official or member of a City commission may receive any gift from a City contractor or lobbyist. No person may make, and no elected City official or member of a City commission accept, any gift with the intent to influence an elected City official or members of a City commission in the performance of any official act. No elected City official or members of a City commission may accept or receive any gift from anyone other than the City for the performance of a specific service or act that the elected City official or members of a City commission is expected to render in the regular course of his or her City duties, or for advice about City processes. Section 2.50.020 Prohibition from Serving on Commissions. Lobbyists are not eligible for membership on commissions created by the City Council. A commissioner shall be deemed to have forfeited his or her office upon becoming a lobbyist. Section 2.50.030 Definitions. For purposes of this Chapter, "City contractor" is any person or entity that contracts or is seeking to contract with the City. 43 "Elected City official" shall mean the Mayor or a member of the City Council. "Gift" is any payment or other benefit that confers a personal benefit for which an elected City official or a member of a City commission does not provide payment or services of equal or greater value. A gift includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public. An elected City official or a member of a City commission has received or accepted a gift when he or she has actual possession of the gift or when he or she takes any action exercising direction or control over the gift, including discarding the gift or turning it over to another person. This includes gifts that are accepted by someone else on the official's behalf and gifts made to others at the direction of the official. A "gift" does not include items that are returned (unused) to the donor, for which the official reimburses the donor within 30 days of receipt, or that are donated unused to a non-profit, tax- exempt (501(c)(3)) organization in which the official or immediate family member does not hold a position, or to a government agency within 30 days of receipt without claiming a deduction for tax purposes. "Lobbyist" is any person who during the prior 12 months knowingly attempted to influence an elected City official or members of a City commission in any legislative or administrative action. A "member of a City commission" is a commissioner of the Planning Commission, the Human Services Commission, the Parks and Community Services Commission, the Heritage and Cultural Arts Commission, and any other Commission that is created by the City Council of the City of Dublin." Section 2. read as follows: Chapter 2.52 is added to Title 2 of the Dublin Municipal Code to "Chapter 2.52 TRANSPARENCY IN PUBLIC CONTRACTS AND FINANCIAL REPORTING 2.52.010 Posting of City Contracts on City Website for Public Review All agreements requiring City Council approval must be posted on the City's website and be made available to the public prior to City Council action unless the City Attorney determines that to do so would not be in the City's interest. 44 2.52.020 Posting of Monthly Financial Statements on City Website. To help ensure transparency, the City shall timely post on its website monthly financial reporting including budget to actual results for revenues and expenditures for major funds within the City's annual budget." Section 4. Section 2.08.050 of the Dublin Municipal Code, entitled Term Limits, is amended to read as follows: "2.08.050 Term limits. No person shall serve consecutive terms as Councilmember, Mayor, or any combination of Councilmember or Mayor that would exceed 12 years. For the exclusive purpose of measuring duration under this provision and for no other purpose, the terms of Mayor and Councilmembers shall be deemed to start and end on December 1 following the general municipal election at which such office, as the case may be, is regularly filled. Notwithstanding the foregoing, any partial term served by a Councilmember or Mayor shall not be considered a consecutive term if it commenced on or after the first (with respect to the Mayor) or second (with respect to a Councilmember) anniversary of the date on which the former incumbent's term commenced, and in such cases the initial consecutive term shall be deemed to have commenced under this Section when the Councilmember or Mayor commences his or her subsequent term. Mayors and Councilmembers who were in office on the effective date of this subdivision may serve only the number of terms allowed at the time of the last election before this provision was enacted." Section 6. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The voters of the City of Dublin hereby declares that they would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 5510750.2 45 November 7, 2023 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk's office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk's office after distribution of the November 7, 2023, Regular City Council meeting agenda packet. Item 7.2 46 DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD CITY MANAGER'S OFFICE MEMORANDUM DATE: November 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Item 7.2 Potential Ballot Measure for March or December 2024 The November 7, 2023, City Council Meeting includes an item to consider a potential ballot measure regarding term limits for the March or December 2024 statewide elections. The Staff Report, Attachment 2, Attachment 4, and Attachment 8 have been updated to correct errors. The following are the changes made: Staff Report (page 4) Option 1B: Option 1B (Attachment 4) is identical to Option 1A, except that the amendments would not apply to current Mayor and Councilmembers. The only changes are the addition of text to the ballot question and proposed ordinance reflecting that policy difference. Proposed ballot question for Option 1B: "For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional consecutive terms after a break in service that exceed 10 vears, shall the Dublin Municipal Code be amended to impose a lifetime consecutive term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current Mayor and City Councilmembers?" Attachment 2 — Option 1B For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional consecutive terms after a break in service that exceed 10 years, shall the Dublin Municipal Code be amended to impose a lifetime consecutive term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current Mayor and City Councilmembers? 47 Attachment 4 — Resolution Calling Election on Option 1B Section 2. The ballot question for the proposed ordinance shall be as follows: "For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve consecutive terms that exceed 10 years, shall the Dublin Municipal Code be amended to impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current mcmbcrs of the City Council Mayor and Councilmembers?" Attachment 8 — Resolution Calling Election on Option 3B Section 2. The ballot question for the proposed ordinance shall be as follows: "GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from accepting gifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers, while retaining existing term limits for the current members of the City Council Mayor and City Councilmembers; and require posting of all City contracts on the City's website for public review?" 48 r STAFF REPORT DUBLIN CITY COUNCIL CALIFORNIA DATE: November 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager Agenda Item 7.2 SUBJECT: Potential Ballot Measures for March or November 2024 Prepared by: Linda Smith, City Manager, and John Bakker, City Attorney EXECUTIVE SUMMARY: Based on direction given at the June 6, 2023 and August 15, 2023 City Council meetings, Staff was tasked with presenting proposed ballot measures for the March 5, 2024 Presidential Primary Election. Those proposed measures include a potential amendment to the Open Space Initiative of 2014 (the OSI) and to Mayor and City Council term limits. The owner of the property that would be the subject of the proposed amendment to the OSI desires additional time for outreach and planning on such a ballot measure, and therefore Staff is not presenting a proposed measure to amend the OSI. Several proposed term limits measures are presented for the City Council's consideration, which could be placed on either the March 5, 2024 or November 5, 2024 statewide elections. STAFF RECOMMENDATION: Deliberate and consider (a) doing nothing or (b) adopting, after determining whether to place the matter on the ballot for the March 5, 2024 Presidential Primary Election or the November 5, 2024 General Election, one of the six proposed resolutions calling an election. FINANCIAL IMPACT: The exact costs of the election are unknown. The Alameda County Registrar of Voters (ROV) indicates that the costs of a March 5, 2024 primary election would be in the range of $244,328- $314,136 based on the City's current voter registration of 34,904. Consolidation with elections held by other agencies could potentially reduce the costs further, but the ROV estimates that the costs would remain in the lower end of the range. There are also limited costs associated with printing the ballot materials, which Staff estimates to be approximately $5,000. Because the City is holding a municipal election on November 5, 2024, the additional costs associated with adding a ballot measure would be limited to the costs of printing the ballot materials. Page 1 of 6 49 The Fiscal Year 2023-2024 budget included $206,000 for a March 2024 primary election. DESCRIPTION: At the August 15, 2023 Study Session, the City Council discussed two potential ballot measures for consideration at this meeting — one related to the Open Space Initiative of 2014 and another related to term limits. At that meeting, Staff was directed to bring back ballot language for both measures for discussion on November 7. Open Space Initiative (OSI) The Dublin OSI, in general, limits the City's ability to consider development outside of its existing City limits, but it required the City Council to study whether to place a measure on the ballot to change the City's General Plan and allow development along the proposed Dublin Boulevard extension between Dublin and Livermore (the Crosby property) and no more than 1,200 feet north of I-580. Following the Study Session, Staff, as directed by the City Council, consulted with the owner of the Crosby property (Crosby). Crosby conferred with various professionals and informed the City that Crosby desires to proceed with planning for an election in November 2024. Crosby indicated that it desires more time for community and stakeholder engagement and outreach, including discussions with the City of Livermore, and that a discussion about ballot placement at tonight's meeting is premature and unnecessary. Given this feedback, Staff determined that it would not be prudent to bring back ballot language at this time for the City Council's consideration. Term Limits On June 6, 2023, the City Council received a report from Staff which included a review of the current Municipal Code provision (shown below), which was approved by the Dublin voters in 1996. "No person shall serve as Councilmember for more than two (2) consecutive terms, nor shall any person serve as Mayor for more than four (4) consecutive terms. In addition: (A) no person who has served as a Councilmember for one (1) term shall serve more than two (2) terms as Mayor if the terms as Councilmember and Mayor are consecutive; (B) no person who has served as Councilmember for two (2) consecutive terms shall serve a consecutive term as Mayor; (C) no person who has served as Mayor for three (3) or four (4) consecutive terms shall serve a consecutive term as a Councilmember; (D) no person who has served as Mayor for two (2) consecutive terms shall serve more than one (1) succeeding consecutive term as Councilmember; (E) no person who has served consecutive terms as Mayor and Councilmember shall serve more than one (1) more consecutive term as Mayor; and (F) no person who has served consecutive terms as Mayor and Councilmember shall serve another consecutive term as Councilmember. As used herein, a person shall be considered to have Page 2 of 6 50 served a term of office as a Councilmember if such person has served as a Councilmember for two (2) years plus one (1) day and a person shall be considered to have served a term of office as Mayor if such person has served as Mayor for one (1) year plus one (1) day." In addition, the City Council received a report on the term limits in neighboring jurisdictions and the report showed that the City of Dublin had the strictest term limit regulations among the cities in Alameda County and the Tri-Valley. As part of the discussion, concerns were raised about moving from at -large elections to district -based elections and whether having such stringent term limits would ultimately affect the continued strong governance structure in the community. At that meeting, the City Council, by consensus, directed Staff to return with draft Ordinance language for the November 2024 General Municipal Election ballot that would ask the voters to limit Mayor and Council terms to 12 years, exclude councilmembers elected prior to the change in term limits, and clean up the current language around defining a term. Then, at its August 15 Study Session, the City Council reviewed the most recent biennial survey and discussed potential ballot measures. At that meeting, the City Council, by a majority, directed Staff to prepare materials for two ballot measures for March 2024, one regarding term limits and the other regarding a potential annexation at the City's eastern edge. As noted previously, the ballot measure for the OSI will not proceed based on a lack of support from the property owner until November 2024. Because of the expressed desires at the June 6 meeting and August 15 Study Session, Staff has brought back various options for the City Council's consideration regarding potential amendments to the term limits ordinance. As a reminder, any amendments to the term limits ordinance require voter approval. Given the various viewpoints and our research on measures that amend term limits (Attachment 1), Staff has produced six different options for the City Council's consideration. Although Staffs judgments about the likelihood of success are unsupported by scientific polling, we have numbered the options on a spectrum from least (Option 1A) to most (Option 3B) likely to succeed based on our research. The following summarizes each of the options and includes the proposed ballot question. The proposed legislation and ballot questions are based on the rationales offered by the City Council at the June 6, 2023 meeting and Staffs review of successful term limits measures. Attachment 2 includes the spectrum of ballot questions in tabular format. Option I A: Option 1A (Attachment 3) is based on the direction given at the June 6, 2023 City Council meeting, with one exception. It would amend the existing term limits ordinance to (a) increase the number of terms from the equivalent of two city council terms (eight years) to the equivalent of three (12 years) and (b) clarify partial terms language to make clear that half Page 3 of 6 51 of a term or less is not counted toward the term limit. It also includes some additional non - substantive changes proposed by the City Attorney to eliminate ambiguities in the existing ordinance and/or created by changes in state law. Unlike the direction at the June 6 meeting, Option 1A would apply to the current Mayor and Councilmembers. Proposed ballot question for Option 1A: For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve consecutive terms that exceed 10 years, shall the Dublin Municipal Code be amended to impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers? Option I B: Option 1B (Attachment 4) is identical to Option 1A, except that the amendments would not apply to current Mayor and Councilmembers. The only changes are the addition of text to the ballot question and proposed ordinance reflecting that policy difference. Proposed ballot question for Option 1B: "For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional consecutive terms after a break in service that exceed 10 years. shall the Dublin Municipal Code be amended to impose a lifetime consecutive term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current Mayor and City Councilmembers?" Option 2A: Option 2A (Attachment 5) makes a significant change to the structure of the City's term limits. Presently, the ordinance limits consecutive terms. Thus, under the existing term limits, a person, after hitting the limit, can take a period of time off and run again. Option 2A establishes a lifetime 12-year term limit (see Exhibit A to Attachment 5). Thus, once a person served 12 years, they would no longer be eligible to run for Mayor or City Council. This structure avoids the need for the ordinance to address partial terms. It is Staffs judgment, based on our unscientific research, that such a change would tend to be viewed more favorably by the electorate. Like Option 1A, it applies to the existing Mayor and Councilmembers. Proposed ballot question for Option 2A: For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers? Page 4 of 6 52 Option 2B: Option 2B (Attachment 6) is identical to Option 2A, except that the amendments would not apply to the current Mayor and Councilmembers. The only changes are the addition of text to the ballot question and proposed ordinance reflecting that policy difference. Proposed ballot question for Option 2B: For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current Mayor and City Councilmembers? Option 3A: Option 3A (Attachment 7) takes a different approach. It is based on successful measures in Oxnard and Temple City. To increase the chances of success, the term limits changes are part of a larger package of reforms, labeled the Dublin Government Accountability Act. The reforms includes (a) the term limits amendments proposed in Option 1A, (b) a prohibition on councilmembers and commissioners accepting gifts from lobbyists and city contractors, (c) a prohibition on lobbyists sitting on City commissions, and (d) a requirement to post all City contracts on the City's website for public review. Like Options 1A and 2A, it applies to the existing Mayor and Councilmembers. Proposed ballot question for Option 3A: GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from accepting gifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers; and require posting of all City contracts on the City's website for public review? Option 3B: Option 3B (Attachment 8) is identical to Option 3A, except that the amendments would not apply to the current Mayor and Councilmembers. Proposed ballot question for Option 3B: GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from accepting gifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers, while retaining existing term limits for the current Mayor and City Councilmembers; and require posting of all City contracts on the City's website for public review? Page 5 of 6 53 The City Council will also need to determine at what election the measures would be considered by the electorate. There are upcoming elections on March 5, 2024 and November 5, 2024. For March 5, 2024, arguments and rebuttal arguments need to be submitted by, respectively, December 7, 2023 and December 18, 2023. For November 5, 2024, arguments and rebuttals must be submitted by August 2 and August 13, 2024 respectively. Areas where the dates need to be included are highlighted in the attachments, and the highlighting would be removed from the executed version of the resolution. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ENVIRONMENTAL REVIEW: Placing a City Council and Mayoral term limits measure on the ballot is not a project under CEQA because the proposed changes are, under CEQA Guidelines section 15378(b)(5), an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment. ATTACHMENTS: 1) Research on Term Limits Measures 2) Spectrum of Ballot Questions 3) Resolution Calling Election on Option 4) Resolution Calling Election on Option 5) Resolution Calling Election on Option 6) Resolution Calling Election on Option 7) Resolution Calling Election on Option 8) Resolution Calling Election on Option 1A (with proposed ordinance attached as Exhibit A) 1B (with proposed ordinance attached as Exhibit A) 2A (with proposed ordinance attached as Exhibit A) 2B (with proposed ordinance attached as Exhibit A) 3A (with proposed ordinance attached as Exhibit A) 3B (with proposed ordinance attached as Exhibit A) Page 6 of 6 54 Attachment 2 Least Likely Option 1A For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve consecutive terms that exceed 10 years, shall the Dublin Municipal Code be amended to impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers? 5508366.3 Option 1B For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional consecutive terms after a break in service that exceed 10 years, shall the Dublin Municipal Code be amended to impose a lifetime consecutive term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current Mavor and City Councilmembers? Spectrum of Ballot Measure Questions Option 2A For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers? Option 2B For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve additional terms after a break in service, shall the Dublin Municipal Code be amended to impose a lifetime term limit of 12 years for the Mayor and/or City Councilmembers while retaining existina term limits for the current Mayor and City Councilmembers? Option 3A GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from accepting gifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers; and require posting of all City contracts on the City's website for public review? ► Most Likely Option 3B GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from accepting gifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers, while retainina existing term limits for the current Mavor and City Councilmembers; and require posting of all City contracts on the City's website for public review? 55 Attachment 4 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF DUBLIN AN ORDINANCE TO AMEND THE TERM LIMITS FOR MAYOR AND CITY COUNCIL; CALLING FOR AN ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON 5, 2024; FIXING THE DATE AND MANNER OF THE ELECTION AND THE PROCEDURE FOR VOTING THEREIN; AND PROVIDING FOR NOTICE THEREFOR WHEREAS, in November 1996 regulations governing Mayor and City Council term limits were approved by Dublin voters and as a result set the maximum consecutive terms for Mayor and Council at, respectively, four terms and two terms for a total of 8 years, subject to an exception for a partial term that is less than 1 or 2 years, respectively, for the Mayor and City Council; and WHEREAS, the City's term limits are among the shortest in Alameda County and the Tri-Valley region; and WHEREAS, in 2024 the City of Dublin will transition to district -based elections; and WHEREAS, adding an additional 4 years to the limit on consecutive terms will contribute to the continuity on the City Council that is required with the transition to district - based elections; and WHEREAS, due to the changes in state law since the 1996 enactment of the term limits that effect the length of Mayor and City Council, a loophole exists in the existing term limits that can allow a person to serve consecutive terms that exceeds 10 years; and WHEREAS, the measure proposed by this resolution would impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers and close the existing loophole in the City's term limits; and WHEREAS, only the voters can change or amend term limits of the Mayor and City Council; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of 56 municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the Elections Code of the State of California and other applicable law, there is called and ordered to be held in the City of Dublin, California, on 5, 2024, and the measure that would adopt an ordinance amending the term limits of the Mayor and City Council shall be included on this ballot. Section 2. The ballot question for the proposed ordinance shall be as follows: "For the purpose of retaining expertise as the City transitions to electing City Councilmembers from districts and eliminating an existing loophole that allows a person to serve consecutive terms that exceed 10 years, shall the Dublin Municipal Code be amended to impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers while retaining existing term limits for the current members of the City Council Mayor Councilmembers?" Section 3. The Ordinance to be considered by the voters pursuant to Section 2 of this Resolution is as set forth in Exhibit A. Section 4. (a) An election on the measure set forth in Section 2 shall be held in consolidation with the statewide election to be held on 5, 2024 and shall be held and conducted in the manner prescribed in section 10418 of the Elections Code of the State of California. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and within the Elections Code. (c) The election for the measure set forth Section 2 shall be held as required by law, and the Alameda County Registrar of Voters is authorized to canvas the returns of that election with respect to the votes cast in the City of Dublin. (d) At the next regular meeting of the City Council of the City of Dublin occurring after the returns of the election for the measure set forth in Section 2 have been canvassed and the certification of the results provided to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 5. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. 57 (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument Against Measure " or "Argument In Favor of Measure _ " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by 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. Arguments are due in the office of the City Clerk prior to 4:00 p.m., on , (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code section 9282, any councilmembers authorized by the City Council to do so may sign the argument against the measure. (e) Alternatively, pursuant to Elections Code section Elections Code section 9282(b), the City Council may authorize, by motion, a member or members of the City Council to cooperate with members of the community and/or interested parties and/or organizations to prepare a draft argument against the measure. Section 6. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed 250 words and shall not be signed by more than five persons. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 4:00 p.m. on Section 7. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. Section 8. The City of Dublin recognizes that additional costs may be incurred by the 58 County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 9. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Section 10 to be published once in a newspaper of general circulation in accordance with California Elections Code. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law. (b) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. PASSED, APPROVED AND ADOPTED this , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5510523.2 59 Exhibit A AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTION 2.08.050 OF THE DUBLIN MUNICIPAL CODE RELATED TO TERM LIMITS FOR MAYOR AND CITY COUNCIL The People of the City of Dublin do ordain as follows: Section 1. Section 2.08.050 of the Dublin Municipal Code, entitled Term Limits, is amended to read as follows: "No person shall serve consecutive terms as Councilmember, Mayor, or any combination of Councilmember or Mayor that would exceed 12 years. For the exclusive purpose of measuring duration under this provision and for no other purpose, the terms of Mayor and Councilmembers shall be deemed to start and end on December 1 following the general municipal election at which such office, as the case may be, is regularly filled. Notwithstanding the foregoing, (a) any partial term served by a Councilmember or Mayor shall not be considered a consecutive term if it commenced on or after the first (with respect to the Mayor) or second (with respect to a Councilmember) anniversary of the date on which the former incumbent's term commenced, and in such cases the initial consecutive term shall be deemed to have commenced under this Section when the Councilmember or Mayor commences his or her subsequent term. Mayors and Councilmembers who were in office on the effective date of this subdivision may serve only the number of terms allowed at the time of the last election before this provision was enacted." 60 Attachment 8 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF DUBLIN AN ORDINANCE ENTITLED "GOVERNMENT ACCOUNTABILITY ACT" TO 1) PROHIBIT COUNCILMEMBERS AND COMMISSIONERS FROM ACCEPTING GIFTS FROM LOBBYISTS AND CITY CONTRACTORS, 2) PROHIBIT LOBBYISTS FROM SITTING ON CITY COMMISSIONS, 3) AMEND THE TERM LIMITS FOR MAYOR AND CITY COUNCIL, 4) REQUIRE POSTING OF CITY CONTRACTS ON THE CITY'S WEBSITE, 5) CALLING FOR AN ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON 5, 2024; 6) FIXING THE DATE AND MANNER OF THE ELECTION AND THE PROCEDURE FOR VOTING THEREIN; AND 7) PROVIDING FOR NOTICE THEREFOR WHEREAS, the City of Dublin prioritizes the community's trust and confidence in City practices, including institutionalizing good government provisions related to fiscal accountability, ethics, and transparency; and WHEREAS, the City of Dublin is committed to building confidence in its efforts to maintain public accountability and transparency; and WHEREAS, the Government Accountability Act would prohibit the Dublin Mayor, members of the City Council, City Clerk, City Treasurer, and Planning Commissioners from accepting gifts from lobbyists or City contractors, eliminating related conflicts of interests; and WHEREAS, the Government Accountability Act would prohibit lobbyists from sitting on City commissions; and WHEREAS, in November 1996 regulations governing Mayor and City Council term limits were approved by Dublin voters and as a result set the maximum consecutive terms for Mayor and Council at, respectively, four terms and two terms for a total of 8 years, subject to an exception for a partial term that is less than 1 or 2 years, respectively, for the Mayor and City Council; and WHEREAS, the City's term limits are among the shortest in Alameda County and the Tri-Valley region; and WHEREAS, in 2024 the City of Dublin will transition to district -based elections; and 61 WHEREAS, adding an additional 4 years to the limit on consecutive terms will contribute to the continuity on the City Council that is required with the transition to district - based elections; and WHEREAS, due to the changes in state law since the 1996 enactment of the term limits that effect the length of Mayor and City Council, a loophole exists in the existing term limits that can allow a person to serve consecutive terms that exceeds 10 years; and WHEREAS, the measure proposed by this resolution would impose a consecutive term limit of 12 years for the Mayor and/or City Councilmembers and close the existing loophole in the City's term limits; and WHEREAS, the Government Accountability Act would require the City to post all City contracts on the City's website for public review, expanding transparency and the public's ability to view these types of financial materials; and WHEREAS, the City Council desires to submit a measure entitled the Government Accountability Act to the voters of the City at a Presidential Election to be held on 5, 2024, and to be consolidated with any other election to be held on that date; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the Elections Code of the State of California and other applicable law, there is called and ordered to be held in the City of Dublin, California, on 5, 2024, and the measure that would adopt an ordinance amending the term limits of the Mayor and City Council shall be included on this ballot. Section 2. The ballot question for the proposed ordinance shall be as follows: "GOVERNMENT ACCOUNTABILITY ACT. Shall the Dublin Municipal Code be amended to prohibit councilmembers and commissioners from accepting gifts from lobbyists and city contractors; prohibit lobbyists from sitting on City commissions; impose a combined term limit of 12 years for the Mayor and/or City Councilmembers, while retaining existing term limits for current members „f the City Council Manor and City Councilmember. ; and require posting of all City contracts on the City's website for public review?" 62 Section 3. The Ordinance to be considered by the voters pursuant to Section 2 of this Resolution is as set forth in Exhibit A. Section 4. (a) An election on the measure set forth in Section 2 shall be held in consolidation with the statewide election to be held on 5, 2024 and shall be held and conducted in the manner prescribed in section 10418 of the Elections Code of the State of California. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and within the Elections Code. (c) The election for the measure set forth Section 2 shall be held as required by law, and the Alameda County Registrar of Voters is authorized to canvas the returns of that election with respect to the votes cast in the City of Dublin. (d) At the next regular meeting of the City Council of the City of Dublin occurring after the returns of the election for the measure set forth in Section 2 have been canvassed and the certification of the results provided to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 5. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument Against Measure " or "Argument In Favor of Measure _ " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by 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. Arguments are due in the office of the City Clerk prior to 4:00 p.m., on , (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code section 9282, any councilmembers authorized by the City Council to do so may sign the argument against the measure. 63 (e) Alternatively, pursuant to Elections Code section Elections Code section 9282(b), the City Council may authorize, by motion, a member or members of the City Council to cooperate with members of the community and/or interested parties and/or organizations to prepare a draft argument against the measure. Section 6. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed 250 words and shall not be signed by more than five persons. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 4:00 p.m. on Section 7. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. Section 8. The City of Dublin recognizes that additional costs may be incurred by the County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 9. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Section 10 to be published once in a newspaper of general circulation in accordance with California Elections Code. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law. (b) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 64 PASSED, APPROVED AND ADOPTED this , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5510750.2 65 Exhibit A AN ORDINANCE OF THE CITY OF DUBLIN ADOPTING THE DUBLIN GOVERNMENT ACCOUNTABILITY ACT The People of the City of Dublin do ordain as follows: Section 1. Chapter 2.50 is added to Title 2 of the Dublin Municipal Code to read as follows: "Chapter 2.50 PROHIBITION ON ACCEPTANCE OF GIFTS FROM AND SERVICE ON CITY COMMISSIONS BY CITY CONTRACTORS AND LOBBYISTS Section 2.50.010 Prohibition on Acceptance of Gifts. No elected City official or member of a City commission may receive any gift from a City contractor or lobbyist. No person may make, and no elected City official or member of a City commission accept, any gift with the intent to influence an elected City official or members of a City commission in the performance of any official act. No elected City official or members of a City commission may accept or receive any gift from anyone other than the City for the performance of a specific service or act that the elected City official or members of a City commission is expected to render in the regular course of his or her City duties, or for advice about City processes. Section 2.50.020 Prohibition from Serving on Commissions. Lobbyists are not eligible for membership on commissions created by the City Council. A commissioner shall be deemed to have forfeited his or her office upon becoming a lobbyist. Section 2.50.030 Definitions. For purposes of this Chapter, "City contractor" is any person or entity that contracts or is seeking to contract with the City. 66 "Elected City official" shall mean the Mayor or a member of the City Council. "Gift" is any payment or other benefit that confers a personal benefit for which an elected City official or a member of a City commission does not provide payment or services of equal or greater value. A gift includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public. An elected City official or a member of a City commission has received or accepted a gift when he or she has actual possession of the gift or when he or she takes any action exercising direction or control over the gift, including discarding the gift or turning it over to another person. This includes gifts that are accepted by someone else on the official's behalf and gifts made to others at the direction of the official. A "gift" does not include items that are returned (unused) to the donor, for which the official reimburses the donor within 30 days of receipt, or that are donated unused to a non-profit, tax- exempt (501(c)(3)) organization in which the official or immediate family member does not hold a position, or to a government agency within 30 days of receipt without claiming a deduction for tax purposes. "Lobbyist" is any person who during the prior 12 months knowingly attempted to influence an elected City official or members of a City commission in any legislative or administrative action. A "member of a City commission" is a commissioner of the Planning Commission, the Human Services Commission, the Parks and Community Services Commission, the Heritage and Cultural Arts Commission, and any other Commission that is created by the City Council of the City of Dublin." Section 2. Chapter 2.52 is added to Title 2 of the Dublin Municipal Code to read as follows: "Chapter 2.52 TRANSPARENCY IN PUBLIC CONTRACTS AND FINANCIAL REPORTING 2.52.010 Posting of City Contracts on City Website for Public Review All agreements requiring City Council approval must be posted on the City's website and be made available to the public prior to City Council action unless the City Attorney determines that to do so would not be in the City's interest. 67 2.52.020 Posting of Monthly Financial Statements on City Website. To help ensure transparency, the City shall timely post on its website monthly financial reporting including budget to actual results for revenues and expenditures for major funds within the City's annual budget." Section 4. Section 2.08.050 of the Dublin Municipal Code, entitled Term Limits, is amended to read as follows: "2.08.050 Term limits. No person shall serve consecutive terms as Councilmember, Mayor, or any combination of Councilmember or Mayor that would exceed 12 years. For the exclusive purpose of measuring duration under this provision and for no other purpose, the terms of Mayor and Councilmembers shall be deemed to start and end on December 1 following the general municipal election at which such office, as the case may be, is regularly filled. Notwithstanding the foregoing, any partial term served by a Councilmember or Mayor shall not be considered a consecutive term if it commenced on or after the first (with respect to the Mayor) or second (with respect to a Councilmember) anniversary of the date on which the former incumbent's term commenced, and in such cases the initial consecutive term shall be deemed to have commenced under this Section when the Councilmember or Mayor commences his or her subsequent term. Mayors and Councilmembers who were in office on the effective date of this subdivision may serve only the number of terms allowed at the time of the last election before this provision was enacted." Section 6. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The voters of the City of Dublin hereby declares that they would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 5510750.2 68 ALAMEDA COUNTY FIREFIGHTERS 369 - 1 Sih Street • Oakland, CA 94612 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 55 November 7, 2023 Mayor Hernandez Vice -Mayor McCorriston Council -member Josey Council -member Hu Council -member Qaadri Sent via Email Only Dear Mayor Hernandez and Council Members, I am writing to express support from Local 55 regarding potential changes to the Mayor and City Council elections. The six options presented all have merit and are sound policy for any city. Local 55 would encourage support of option 3A for the March primary election. This is good governance and provides for stability for those currently elected to the council as well as eliminating confusion in November when district elections take place for the first time. Thank you for taking the time to consider this matter, and I look forward to positive change moving forward. Sincerely, Sean Burrows President 69