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CC - (1) Adoption of Resolutions (A) Calling and Giving Notice of the Holding of a Special Municipal Election to be Consolidated with the Statewide General Election to be Held on Tuesday, November 8, 2016 for the Purpose of Submitting to the Voters Four (4) Measures Relating to Proposed Charter Amendments; and (B) Requesting the Board of Supervisors of the County of Los Angeles Render Specified Services Related to the Conduct of said Election; (2) Discussion and (If Desired) Adoption of a Resolution Authorizing the City Council and/or Certain Council Members to Submit Ballot Arguments Regarding the Measures; and (3) Potential Creation and Appointment of Members to an Ad-Hoc Subcommittee to Draft and/or Submit Such Ballot Argument(s).
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Contact Person/Dept: Martin R. Cole, Assistant City Manager/City Clerk
Phone Number: 310-253-5851
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (03/11/16)
Department Approval: Martin R. Cole, Assistant City Manager/City Clerk
(03/10/16)
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RECOMMENDATION:
Staff recommends the City Council:
1. Adopt a resolution calling and giving notice of the holding of a Special Municipal Election to be consolidated with the Statewide General Election to be held on Tuesday, November 8, 2016 for purposes of submitting to the voters four (4) measures which are proposed Charter Amendments which would, if adopted by the voters:
a. change the appointing authority and the reporting responsibilities of the Fire Chief and Police Chief from the City Council to the City Manager
b. provide for the ineligibility of a person who has resigned from the City Council to run for the Office of City Council Member for a period of four years from the date of such resignation
c. change term limits for City Council Members from the current two full terms to three full terms with such change becoming effective for City Council Members assuming office after November 8, 2016; and,
d. authorize the City Council to determine the dates of Regular Meetings of the City Council.
2. Adopt a resolution requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of a Special Municipal Election; and,
3. Discuss and, if desired, adopt a resolution authorizing the City Council and/or certain Council Members to submit primary arguments regarding the ballot measures.
BACKGROUND:
At its Regular Meeting held on January 13, 2014, the City Council considered a need for a comprehensive review of the City Charter as required by Section 1900 of said Charter. After providing for an opportunity for public input and discussing the subject, the City Council provided consensus to have an item return at a future City Council meeting for the City Council’s consideration of the formation and appointment of members to a City Council Ad Hoc Subcommittee to consider any necessary amendments to the City Charter.
At its Regular Meeting held on May 12, 2014, the City Council created the Ad Hoc Charter Review Subcommittee (Subcommittee) and appointed Mayor O’Leary and Vice Mayor Weissman to said Subcommittee. At its Regular Meeting held on February 8, 2016, the City Council received the recommendations of the Subcommittee and, after providing for an opportunity for public input and discussing the subject, the City Council directed the City Manager to bring back to the City Council for its consideration the necessary resolutions for the calling of an election on November 8, 2016 for the submission of such proposed Charter Amendments to the voters.
DISCUSSION
To effectuate the placement of the proposed Charter Amendments on the ballot of the November 8, 2016 election, the City Council is requested to:
(1) Adopt resolutions (a) calling and giving notice of the holding of a Special Municipal Election to be consolidated with the Statewide General Election to be held on Tuesday, November 8, 2016 for the purpose of submitting to the voters four (4) measures relating to proposed Charter Amendments; and (b) requesting the Board of Supervisors of the County of Los Angeles render specified services related to the conduct of said Election; and,
(2) Discuss and, if desired, adopt a resolution authorizing the City Council and/or certain Council Members to submit Ballot Argument(s) regarding the measures; and,
(3) Discuss and, if desired, create and appoint Council Members to an Ad-Hoc Subcommittee to draft and/or submit such Ballot Argument(s).
Calling of the Special Election
Should the City Council wish to proceed with the Special Municipal Election, staff recommends the City Council adopt the proposed resolution calling and giving notice of the holding of a Special Municipal Election to be consolidated with the Statewide General Election on November 8, 2016.
Requesting the County to Conduct the Election
In accordance with Section 10002 of the Elections Code of the State of California, the governing body of any city or district may, by resolution, request the Board of Supervisors of the county to permit the County Elections Official to render specified services to the city or district relating to the conduct of an election. Pursuant to the Elections Code, since one of the proposed Charter Amendments alters a procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization, such proposal shall be submitted to the voters at the next established statewide general election pursuant to Section 1200 of the California Elections Code occurring not less than 88 days after the date of the order of election. The next established statewide general election occurring not less than 88 days after the date of the order of election shall be held on Tuesday, November 8, 2016. Staff recommends the proposed Special Municipal Election be consolidated with the Statewide General Election and recommends the City Council adopt the proposed resolution which requests the Board of Supervisors render specified services to the City relating to the conduct of said election.
Authorizing the City Council and/or Certain Council Members to Submit Arguments
The City Council, authorized members of the City Council, citizen associations and private citizens may submit arguments for or against the proposed Measure. Only one ballot argument for and one ballot argument against each measure and rebuttals to each may be printed in the sample ballot. The Elections Code gives preference to the arguments submitted by the City Council, as a body, or by Council Members authorized to submit arguments by the City Council.
Should the City Council decide to submit an argument as a body, it is automatically placed in the sample ballot. If the City Council decides to have some of its members submit an argument, those members need to be designated by the City Council in order for their argument(s) to receive priority.
The City Council should decide whether it will submit initial and rebuttal arguments for or against the measure as a body or designate individual Council Members to submit those arguments. If individual members are to be designated, then the City Council should make those designations at this meeting. Please note, that if more than two City Council Members will be working together to write, or intend to give comments on the same argument, then, pursuant to the Brown Act, the discussions and comments among those Council Members can only occur during a duly noticed public meeting of the City Council.
Based on the calendar in the Los Angeles County Measure Information Booklet for the November 8, 2016 election, primary arguments are due to the City Clerk’s Office no later than the close of business (5:30 PM) on August 19, 2016 and shall not exceed 300 words in length. Should the City Council determine that this City Council wishes to review and approve the primary argument, staff recommends such review and approval be agendized for the March 28, 2016 City Council Meeting.
Rebuttal arguments are due 10 days after the primary arguments are due and shall not exceed 250 words. The deadline for submission of rebuttal arguments to the City Clerk’s Office would be no later than close of business (5:30 PM) on August 29, 2016. Should a rebuttal argument be needed and deemed desired by the City Council, and the City Council should determine that it wishes to review and approve the rebuttal argument, then such review and approval would need to be conducted by the City Council holding office on August 19, 2016. Should the City Council determine to call the Special Municipal Election and rebuttal arguments are appropriate, then staff will present information to the City Council around the August 19, 2016 deadline for submission of primary arguments.
FISCAL ANALYSIS:
The estimated cost to consolidate the election with Los Angeles County is $100,000. Should the City Council adopt the proposed resolution calling the election, then the City Clerk would include this estimate in the City Manager’s Proposed Budget for Fiscal Year 2016/2017.
ATTACHMENTS:
1. Proposed Resolution Calling and Giving Notice of the Holding of a Special Municipal Election to be Held on Tuesday, November 8, 2016 Submitting Four (4) Questions Relating to proposed Charter Amendments.
2. Proposed Resolution Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City of Culver City Relating to the Conduct of a Special Municipal Election to be consolidated with the Statewide General Election to be Held in the City on Tuesday, November 8, 2016.
3. Proposed Resolution Authorizing the City Council and/or Certain Council Members to Submit Arguments Regarding the Four (4) Questions Related to proposed Charter Amendments on the Ballot for the November 8, 2016 Election.
RECOMMENDED MOTION(S):
That the City Council:
1) Adopt the proposed resolution Calling and Giving Notice of the Holding of a Special Municipal Election to be Consolidated with the Statewide General Election to be held on Tuesday, November 8, 2016; Submitting Four (4) Questions Relating to Proposed Charter Amendments to the Voters with Exhibit A, the text of the proposed Charter Amendments; and,
2) Adopt the proposed resolution requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City of Culver City Relating to the Conduct of a Special Municipal Election to be Held in the City on Tuesday, November 8, 2016; and,
3) Adopt a Resolution Authorizing the City Council and/or Certain Council Members to Submit Arguments Regarding the Four (4) proposed Charter Amendments;
OR
4) (If the City Council determines to Designate Certain Members to submit such arguments) Designate the following Council Members to submit ballot arguments regarding four (4) proposed Charter Amendments:
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OR
5) Discuss the formation of an Ad Hoc Subcommittee and appoint members thereto for the drafting of the primary argument and, if the subcommittee is created, require the subcommittee to complete its work in time to present the City Council with a draft primary argument on March 28, 2016.