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HomeMy WebLinkAboutCity Council Resolution 22-018, Calling ElectionRESOLUTION NO.22-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 FOR THE ELECTION OF THREE CITY COUNCIL MEMBERS AND FOR THE SUBMISSION OF A PROPOSED MEASURE TO THE VOTERS OF THE CITY OF SARATOGA, REQUESTING THE BOARD OF SUPERVISORS RENDER SPECIFIED SERVICES TO THE CITY RELATED TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO FILING FEES AND CANDIDATE STATEMENTS, AND PROVIDING FOR THE PROCESS IN THE EVENT OF A TIE VOTE AT THE ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022 WHEREAS, under the provisions of the laws in the State of California a General Municipal Election shall be held on Tuesday, November 8, 2022 for the election of Municipal Officers and for the submission of a proposed measure to the voters of the City of Saratoga relating to term limits for members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide Election to be held on the same date, and that within the City the election be held in all respects as if there were only one election, and that the Santa Clara County Registrar of Voters canvass the returns of the General Municipal Election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that: A General Municipal Election is hereby called to be held in and for the City of Saratoga on Tuesday, November 8, 2022 for the purpose of electing three (3) Council Members each for a full term of four (4) years and for the purpose of submitting to the voters the following question: Shall the City of Saratoga adopt an ordinance establishing term YES limits for members of the Saratoga City Council, limiting individuals to serving two terms and specifying the duration of No various types of partial terms that are considered a term for the purposes of term limits? The text of the measure submitted to the voters by the question above is attached as Exhibit A. The entire text of the measure shall be placed in the voter information guide and shall be available without charge at City Hall and on the City website. 2. Pursuant to Elections Code Section 9280, the City Council hereby directs the City Attorney to prepare an impartial analysis of the measure and transmit such impartial analysis to the City Clerk on or before August 23, 2022. Resolution 22-018 Page 2 3. The City Council hereby authorizes the City Council as a body to submit a written argument in favor of the measure and a written rebuttal to any argument against the measure. 4. Primary and rebuttal arguments in favor of and against the measure may be filed consistent with Elections Code Sections 9281-9287. August 16, 2022 at 5:00 p.m. shall be the deadline for submission of arguments in favor of, and arguments against this measure. If more than one argument in favor and/or against is received, the City Clerk shall give priority to the direction from the Council set forth in section 4 of this resolution, or if none, the priorities established by Elections Code Section 9287 shall control. The deadline for filing rebuttal arguments shall be August 23, 2022 at 5:00 p.m. 5. In the event a majority of the electors voting on the measure set forth above vote in favor thereof, the City of Saratoga's Municipal Code shall be amended as set forth in Exhibit A. 6. The City of Saratoga requests the Board of Supervisors of Santa Clara County to completely consolidate the election with the Statewide Election and hold and conduct the election in the manner prescribed in Elections Code Section 10418 and to further provide that the Registrar of Voters canvass the returns of the election. 7. The City of Saratoga recognizes costs will be incurred by the County of Santa Clara by reason of consolidation of the election and agrees to reimburse the County for the cost of services. 8. The polls for the election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. on the same day when the polls shall be closed. 9. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 10. As authorized in Elections Code Section 10228 and set forth in the City's fee schedule candidates are required to pay a $25.00 filing fee. 11. Pursuant to Elections Code Section 13307, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Saratoga on November 8, 2022 may prepare a candidate statement. The statement may include the name, age, and occupation of the candidate, and a brief description of no more than 400 words of the candidate's education and qualifications expressed by the candidate. The statement shall not include parry affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the City Clerk at the same time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate statement with the printed voter materials. The estimated cost per candidate for a 400-word statement is $3,850. The estimate is an approximation of the actual costs associated with printing, handling, Resolution 22-018 Page 3 translating, and mailing the candidate statement. In the event of an underpayment, candidates will be required to pay the balance of the cost incurred. In the event of an overpayment, the City Clerk will refund the excess amount paid within 30 days of the election. 12. Pursuant to Elections Code Sections 10551 and 15651, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the city, the method of determining the winner shall be by lot. 13. The City Clerk is hereby authorized and directed to certify adoption of this resolution and transmit a copy to the Santa Clara County Board of Supervisors and the Santa Clara County Registrar of Voters. 14. The City Clerk is hereby directed to cause the notice of the election to be published in accordance with the provisions of the California Elections Code. The notice of the General Municipal Election provided for herein shall be published in a newspaper of general circulation within the City of Saratoga. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of May 2022, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS BERNALD, KUMAR, ZHAO, VICE MAYOR FITZSIMMONS, MAYOR WALIA I►to) ZI� NONE ABSTAIN: NONE Tina Walia, Mayor ATTEST: Britt Avrit, MMC, City Clerk Resolution 22-018 Page 4 EXHIBIT A Term Limits for Saratoga City Council Members Section 1. Purpose and Findings A. The purpose of this measure is to establish legally binding term limits for the Saratoga City Council. B. This measure would limit individuals to serving two terms on the City Council. After serving two terms an individual would not be eligible to serve again on the City Council. Section 2. Amendment to Saratoga Municipal Code In accordance with California Government Code 36502(b), Section 2-10.200 is added to the Saratoga Municipal Code to read: 2-10.200 Term Limits. (a) No person may serve more than two terms on the Saratoga City Council. (b) For purposes of this section: (1) any person who is removed or has resigned from office shall be deemed to have served a full term regardless of the amount of time in office; (2) any person who has been elected at a general municipal election to fill the unexpired term of a vacant seat on the City Council shall be deemed to have served a full term; and (3) any person who has been appointed or elected at a special election to fill the unexpired term of a vacant seat on the City Council and served two or more years in that capacity shall be deemed to have served a full term. (c) This section was adopted by the voters of the City of Saratoga at the November 8, 2022 election and shall not be repealed or amended except by a measure approved by a majority of the voters voting on the issue at an election legally called for that purpose. Section 3. Implementation. A. This ordinance shall take effect only if approved by a majority of voters of the City of Saratoga at the November 8, 2022 election. B. In accordance with State law, the Saratoga Municipal Code provisions of this ordinance shall apply prospectively only, to those terms of office which commence on or after November 8, 2022. Resolution 22-018 Page 5 C. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. 1503672.3