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HomeMy WebLinkAboutRESO 9438Resolution No. 9438 Resolution of the Council of the City of Palo Alto Calling a Special Election for November 4, 2014 and Submitting to the Electorate a Measure to Amend Article Ill, Section 2, of the Charter to Change the Number of Council Member Seats from Nine to Seven Commencing January 1, 2019 RECITALS A. Article IX, section 1 of the Charter of the City of Palo Alto authorizes the City Council to propose and submit Charter amendments to the voters of the City for approval at any established municipal election date; and B. The City Council wishes to propose a Charter Amendment to change the number of Council Member seats from nine to seven, commencing January 1, 2019; and C. Elections will be held on November 4, 2014 in certain school districts and certain special districts in Santa Clara County; and D. Pursuant to Education Code section 5342 and Part 3 of Division 10 of the Elections Code commencing at section 10400, such elections may be partially or completely consolidated. NOW, THEREFORE, the Council ofthe City of Palo Alto RESOLVES as follows: SECTION 1. Special Election. Pursuant to Elections Code sections 1405 and 9255 there is called and ordered to be held in the City of Palo Alto, California, on Tuesday, November 4, 2014 a special municipal election. Pursuant to Article IX of the Charter of the City of Palo Alto, this Council orders the following question to be submitted to the voters at the Election: CITY OF PALO ALTO MEASURE_ Shall the Palo Alto City Charter be amended to change the number of Council Member seats from nine to seven, commencing on January 1, 2019? For the Amendment Against the Amendment SECTION 2. Adoption of Measure. If a majority of qualified electors voting on such measure shall vote in favor of City of Palo.Aito Measure"_", the amendment to Article Ill, Section 2 of the Charter shall be deemed ratified and shall read as follows: Sec. 2. Number -Term. Commencing J~o~ly 1, 1971 January 1, 2019, said council shall be composed of~ seven members, each of whom shall be an elector and shall have b~en a resident ofthe city of Palo Alto for at least thirty days next preceding the final filing date for nomination 1 140617 sh 0140119 papers for such office. The members of said council shall be known as councilmen, councilwomen, or council members and their terms of office shall be four years, commencing on the first day of January next succeeding their election. Tl:le terms of eol::IRcilmemBers ..... ~:~o tool< office oR Jl::lly 1, 1977, sl:lall e)Epire OR DecemBer ~1, 1981. Commencing January 1, 1992, no person shall be eligible to serve consecutively in more than two full terms of office as a member of the council. Any partial term of office longer than two years shall be deemed a full term. Terms of office eommeRee8 Before JaRl::lary 1, 1992, sl:lall Rot Be eol::IRte8 wl:leR 8etermiRiRg eligiBility l::IReer tl:lis seetioR. SECTION 3. Notice of Election. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election in time, form, and manner as required by law. SECTION 4. Impartial Analysis. Pursuant to California Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk on or before August 19, 2014. SECTION 5. Ballot Arguments. Pursuant to Elections Code section 9286 et seq., August 12, 2014 at 5:30p.m. shall be the deadline for submission of arguments in favor of, and arguments against, any local measures on the ballot. If more than one argument for and/or against is received, the priorities established by Elections Code section 9287 shall control. SECTION 6. Rebuttal Arguments. The provisions of Elections Code section 9285 shall control the submission of any rebuttal arguments. The deadline for filing rebuttal arguments shall be August 19 2014. SECTION 7. Consolidation Request. The Council of the City of Palo Alto requests the Governing Body of any such other political subdivision, or any officers otherwise authorized by law, to partially or completely consolidate such elections and to further provide that the · canvass be made by any body or official authorized by law to canvass the returns of the election, except that in accordance with Article Ill, section 4, of the Palo Alto Charter, the City Council must meet and declare the results of said elections; and that this City Council consents to such consolidation. The Council acknowledges that the election will be held and conducted according to procedures in the Elections Code, including Section 10418. SECTION 8. Request for County Services. Pursuant to section 10002 of the California Elections Code, the Council of the City of Palo Alto hereby requests the Board of Supervisors of Santa Clara County to permit the Registrar of Voters to render services to the City of Palo Alto relating to the conduct of Palo Alto's General Municipal and Special Elections which are called to be held on Tuesday, November 4, 2014. The services shall be of the type normally performed by the Registrar of Voters in assisting the clerks of municipalities in the conduct of elections including, but not limited to, checking registrations, mailing ballots, hiring election officers, and arranging for polling places, 2 140617 sh 0140119 receiving absent voter ballot applications, mailing and receiving absent voter ballots and opening and counting same, providing and distributing election supplies, and furnishing voting machines. Subject to approval of the Board of Supervisors of Santa Clara County of the foregoing request, the City Clerk is hereby authorized to engage the services of the Registrar of · Voters of the County of Santa Clara to aid in the conduct of said elections including canvassing the returns of said election. Further, the Director of Administrative Services is authorized and directed to pay the cost of said services provided that no payment shall be made for services which the Registrar of Voters is otherwise required by law to perform. SECTION 9. Transmittal of Resolution. The City Clerk is directed to submit a certified copy of this resolution to the Board of Supervisors ofthe County of Santa Clara and to the Registrar of Voters. SECTION 10. Exemption from CEQA. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: June 23, 2014 AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHMID, SHEPHERD NOES: SCHARFF ABSENT: ABSTENTIONS: ~-~ City Clerk f I Mayor APPROVEDASTOFORM:. ~if-tltttornev 3 140617 sh 0140119