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Home My WebLink AboutD-5 Staff Report - Selection of MayorSCHEDULED ITEM D-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MARCO A. MARTINEZ, CITY ATTORNEY JEFFREY CORNEJO, CITY CLERK ADRIAN GARCIA, CHIEF DEPUTY CITY CLERK DATE: MAY 18, 2020 SUBJECT: DISCUSSION AND DIRECTION REGARDING PROCEDURES FOR CONVERSION OF THE ELECTIVE OFFICE OF MAYOR TO A ROTATIONAL OFFICE BACKGROUND: At the April 6, 2020 City Council meeting, the City Council directed staff to review the procedures for submitting a ballot measure that would change the City’s governance from an elective mayor to a mayor selected from the members of City Council on a rotational basis (“Proposed Measure”). The purpose of this memorandum is to provide general information about the process for such conversion and provide the City Council with a sample timeline of required actions needed to place such a Proposed Measure on the next statewide general election ballot - November 3, 2020. RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Review the information contained in this report and, if City Council desires to proceed with the Proposed Measure, direct the City Attorney and City staff to prepare the necessary resolutions/ordinance for consideration at a future meeting. DISCUSSION: The City of Azusa (“City”) is governed by an elective mayor and a City Council consisting of four elective councilmembers. The mayor is a member of City Council and serves a two-year term as mayor from the Tuesday succeeding his or her election, until his or her successor is elected and qualified. A councilmember who is not acting as mayor serves a four-year term from the Tuesday succeeding his or her election, until his or her successor is elected and qualified. This composition is codified in Azusa Municipal Code Sections 2-26 through 2-28 (Attached). APPROVED CITY COUNCIL 5/18/2020 Direction Provided Prior to December 16, 1974, there was no elective office of mayor. Instead, the members of the Azusa City Council would select one of its members to act as mayor. However, in April of 1974, the City Council placed a ballot measure on the November 1974 ballot asking the voters to change the City’s governance structure to include a directly-elected mayor and determine the appropriate term of office. That proposition was passed by Azusa voters 4,128 votes to 1,026 votes.1 That governance structure exists today. California Law State law allows general law cities like Azusa, by ballot measure, to eliminate the elective office of mayor and reestablish its prior form of governance whereby a member of City Council is chosen by the other Councilmembers to act as mayor for a specified term. California Government Code, Section 34902, in relevant part, provides: (b) After an office of elective mayor has been established, the city council may subsequently submit to the electors the question of whether or not to eliminate the elective office of mayor, pursuant to the procedures enumerated in this article, and thereby reestablish the procedure of selection of the mayor by the city council. If a majority of the votes cast on the proposition are in favor of the elimination of the office of elective mayor, the office shall be eliminated on the expiration date of the incumbent's term, and on the date the procedure of selection of the mayor by the city council shall be reestablished. (Gov. Code § 34902(b).) Thus, such a change in governance requires a vote of the people before it becomes effective. While the City Council may call a special election to submit such a proposition to the voters on a date where no statewide election is occurring, a less costly alternative would be to combine the proposition at an election in which Los Angeles County Registrar of Voters is already providing election services county-wide. The next such statewide general election will be held on November 3, 2020. In order to place the Proposed Measure on the November 3, 2020 statewide general election ballot, the City Council must adopt a resolution that does the following: (1) Calls for a special election to be held on November 3, 2020 for purposes of submitting the Proposed Measure and related ordinance to the electors; (2) Requests the Los Angeles County Board of Supervisors (“County”) to consolidate the November 3, 2020 statewide general election with the City’s special election; (3) Sets the deadlines to submit an impartial analysis of the Proposed Measure, arguments for and against the Proposed Measure, and rebuttals to those arguments; and (4) Requests the County Clerk to prepare the City’s election materials. The adopted resolution (and applicable ordinance) must be filed with the County no later than August 7, 2020. Unless other arrangements satisfactory to the County have been made, the City must reimburse the County in full for the election services performed for the City. A sample timeline of actions is attached to this memorandum. 1 A two year term of office for the mayor was selected by the voters 3,603 to 1,248. Other Considerations: How Do You Select the Mayor? Of course, if the Proposed Measure is successful, the City Council will need to determine a process for the selection of mayor on a rotational basis. The process does not need to be formalized in a resolution, however many cities do have formal (by resolution) or informal procedures for the selection of mayor on a rotational basis. FISCAL IMPACT: The exact fiscal impact is currently unknown. The City will be required to reimburse the County for services performed on the City’s behalf to conduct the election on the City’s Proposed Measure. Upon Council approval of placing a measure on the November 3rd ballot, staff will add an estimated budget of $80,000 for election related costs. Prepared by: Fiscal Impact Review: Marco A. Martinez Talika M. Johnson City Attorney Director of Administrative Services Reviewed and Approved: Sergio Gonzalez City Manager Attachments: 1) AMC 2-26 to 2-28 2) Sample Timeline (a) (b) Sec. 2-26. - Composition; election. The city council shall consist of the mayor and four city councilmembers, all of whom shall be elected at the time and in the manner provided by law. The successors of all initial officers will be elected by the city electors at a general municipal election. (Code 1971, § 2.04.001) Sec. 2-27. - Mayor's term. The mayor shall hold office for two years from the Tuesday succeeding his election and until his successor is elected and qualifies. (Code 1971, § 2.04.002) Sec. 2-28. - Councilmembers' terms. Each city councilmember shall hold office for four years from the Tuesday succeeding his election and until his successor is elected and qualifies. (Code 1971, § 2.03.003) Page 1 of 1Azusa, CA Code of Ordinances 5/14/2020about:blank Attachment 1 SAMPLE TIMELINE In accordance with the above-mentioned procedures and additional state requirements, below is a sample timeline for placement of the Proposed Measure on the November 3, 2020 statewide general election ballot. •June 15 (M) through July 20 (M) (Suggested) – City Council adopts a resolution/ordinance that does all of the following (“Resolution”): o Calls for a special election to be held on November 3, 2020 for purposes of submitting the Proposed Measure and its enacting ordinance (“Ordinance”) to the voters; o Provides the exact form of the Proposed Measure to appear on the ballot and attaches the Ordinance as an exhibit to the Resolution; o Orders and requests that the special election on the Proposed Measure be consolidated with the statewide general election to be held on November 3, 2020; o Acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418; o Requests that the Board of Supervisors permit the Registrar-Recorder/County Clerk to render specified elections services for the City, including preparation of the City’s election materials; o Directs the City Clerk to set dates for arguments, rebuttals, and analysis; and o Authorizes the City Council (or certain Councilmembers) to file an argument regarding the Proposed Measure (Elec. Code § 9282) (optional). •August 6 (Th) – Last day for City Clerk to publish in a newspaper of general circulation in the City (1) a synopsis of the Proposed Measure and (2) the County deadlines for submission of impartial analysis, arguments, rebuttals, and the 10-day public examination periods (Elec. Code §§ 10418, 9163; Gov. Code § 6061) •August 7 (F) – Last day for City Clerk to file adopted Resolution/Ordinance with Registrar-Recorder/County Clerk requesting the consolidation, ballot measure placement, services, etc. (Elec. Code §§ 10401 and 10403.) •August 14 (F) – Last day for City Attorney to submit impartial analysis to the Registrar- Recorder/County Clerk (Elec. Code §§ 10418, 9160, 9280.) •August 14 (F) – Last day to submit arguments for or against Proposed Measure to the Registrar-Recorder/County Clerk (Elec. Code §§ 10418, 9162, 9282.) •Aug. 15 (Sa)2 to Aug. 24 (M) – Public examination period for ballot measure materials (Elec. Code §§ 10418, 9190, 9295(a).) •August 24 (M) – Last day to file rebuttals with Registrar-Recorder/County Clerk (Elec. Code §§ 10418, 9167, 9285(a)(4).) •Aug. 25 (T) – Sept 3 (Th) – Public examination period for rebuttals (Elec. Code §§ 10418, 9190, 9295(a).) •September 3 (Th) – Last day for City Clerk to supply Registrar-Recorder/County Clerk with a list of City’s precincts, or consolidated precincts, as applicable, if City has requested County Clerk to render specified elections services in the consolidated election (Elec. Code § 10002.) •November 3 (T) – Election Day 2 County Clerk’s office will be closed August 15 and 22 (Saturdays) and August 16 and 23 (Sundays). Attachment 2