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6.05 Consider Submitting to the Voters the Question of Whether the Office of Elective Mayor should be Eliminated and the Number of Council Members and Districts Increased from Four to Five 8200 Westminster Boulevard City of Westminster Westminster, California 92683 Staff Report File #:21-330,Item #:6.5 Meeting Date: Westminster City Council To:Honorable Mayor and City Council Thru:Christine Cordon, Interim City Manager From:Lucie Colombo, Interim City Clerk Reviewed by:Christian L. Bettenhausen, City Attorney Prepared by:Christian L. Bettenhausen, City Attorney SUBJECT: ConsiderSubmittingtotheVoterstheQuestionofWhethertheOfficeofElectiveMayorshouldbe Eliminated and the Number of Council Members and Districts Increased from Four to Five. RECOMMENDED ACTION/MOTION: Staffrecommends that the Mayor and City Council consider submitting to the voters an ordinance that would eliminate the elective office of mayor and increase the number of council members and districts from four to five: A)AdoptaResolutionentitled, “ARESOLUTIONOFTHEMAYORANDCITYCOUNCILOF THECITYOFWESTMINSTERCALLINGFORTHEHOLDINGOFASPECIALMUNICIPAL ELECTIONTOBEHELDONJUNE7,2022ANDORDERINGTHATAPROPOSED ORDINANCEBESUBMITTEDTOTHEVOTERSOFTHECITYTOELIMINATETHE OFFICE OF ELECTED MAYOR”; B)AdoptaResolutionentitled, “ARESOLUTIONOFTHEMAYORANDCITYCOUNCILOF THECITYOFWESTMINSTERREQUETSINGTHEBOARDOFSUPERVISORSOFTHE COUNTYOFORANGETOCONSOLIDATEASPECIALMUNICIPALELECTIONTOBE HELD ON JUNE 7, 2022 WITH THE STATEWIDE PRIMARY ELECTION”; C)AdoptaResolutionentitled, “ARESOLUTIONOFTHEMAYORANDCITYCOUNCILOF THECITYOFWESTMINSTERSETTINGPRIORITIESFORFILINGWRITTEN ARGUMENTSRELATINGTOAMEASURETOADOPTANORDINANCETOELIMINATE THEOFFICEOFELECTIVEMAYORANDINCREASETHENUMBEROF COUNCILMEMBERSANDDISTRICTSFROMFOURTOFIVE;ANDDIRECTINGTHECITY City of WestminsterPage 1 of 3Printed on 11/5/2021 powered by Legistar™ File #:21-330,Item #:6.5 Meeting Date: ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR THE MEASURE”; and D)AuthorizeCitystafftoproceedwithanylegallyrequiredactionsdeterminedtobenecessary toprepareanalternatefivedistrictmap,tobeadoptedbytheCityCouncilintheeventthe ballotmeasureisapprovedbytheelectorateattheJune7,2022election.Suchactionsshall include,butnotbelimitedto,holdinganyrequiredpublichearingsandotheractions determinedtobenecessarysothatafivedistrictmapcanbeproperlyapprovedandinplace so that it applies to the November 8, 2022 city council elections. BACKGROUND/DISCUSSION: GovernmentCode34902(b)authorizestheCityCounciltosubmittothevotersthequestionof whethertoeliminatetheofficeofelectivemayorandestablishtheproceduretoselectthemayorby thecitycouncil.TheCitycurrentlyhasaseparatelyelectedmayorwhoiselectedat-largebyallthe votersoftheCity.HeservesontheCityCouncilwithfourothercouncilmemberswhoareelected from four districts in the City. Theproposedordinance,ifadoptedbyamajorityofthevoters,wouldchangethe City’smunicipal codetoeliminatetheofficeofelectivemayorandwouldincreasethenumberofcouncilmembers anddistrictsfromfourtofive.Ifthisoccursallofthecouncilmemberswouldbeelectedbythevoters oftheirrespectivefivedistricts.Ratherthanhavinganelectedmayor,thefivecouncilmemberswould selectamayorfromamongstthemembersofthecouncil.Thisisthepracticefollowedbymostother cities. IftheordinanceisapprovedbythevotersattheJune7,2022election,theCitywouldneedto immediatelyre-drawthe City’sexistingdistrictmaptochangeitfromfourdistrictsintofivedistrictsto accommodatetheadditionalcouncilmember.StaffcontactedtheCountyRegistrarofVotersOfficeto determinethelatestdatethatanewfivedistrictmapwouldneedtoinplaceinorderforcandidatesto runintheNovember2022generalelectionbasedonanewfivedistrictmap.TheRegistrarofVoters indicated that the new five district map would need to be in place no later than July 6, 2022. Theattachedordinancewouldbeimmediatelyeffectiveuponvoterapproval,but,byitsownterms, wouldallowthesittingmayortofinishhiscurrenttermwhichexpiresaftercertificationofthe November2022election.ThereafterattheNovembergeneralelectionWestminstervoterswould th electthreecouncilmembersfromDistricts1,4andthenewlycreated5District,basedonthenewly adoptedfivedistrictmap.Thisisconsistentwiththeexistingorderofelection.Districts2and3would still have two years left in their term, so those districts would be up for election in November 2024. FISCAL IMPACT: TheCitywillincuradditionalexpensesassociatedwithconsolidatingaSpecialMunicipalElection withtheCountyofOrange.TheestimatedcostofaconsolidatedelectioninJuneisbetween $128,574 and $180,113. City of WestminsterPage 2 of 3Printed on 11/5/2021 powered by Legistar™ File #:21-330,Item #:6.5 Meeting Date: Abudgetallocationwillberequestedtofundthecostoftheelection,additionaldemographer expenses,andlegalnoticingfromGeneralFund(100)toCityClerk-Elections-Contractual-Other (12500-43090). ATTACHMENTS: 1.Proposed Resolutions City of WestminsterPage 3 of 3Printed on 11/5/2021 powered by Legistar™ CITY OF WESTMINSTER RESOLUTION NO. ______ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2022 AND ORDERING THAT A PROPOSED ORDINANCE BE SUBMIMTTED TO THE VOTERS OF THE CITY TO ELIMINATE THE OFFICE OF ELECTED MAYOR WHEREAS, the City Council of the City of Westminster consists of four councilmembers and a directly elected mayor; and WHEREAS, Government Code Section 34902(b) authorizes the City Council to submit to the voters of the City the question of whether to eliminate the elective office of mayor and establish the procedure of selection of mayor by the City Council; and WHEREAS, the City Council desires to submit this question to the voters of the City in an ordinance that amends the City’s municipal code to eliminate all references to the elective office of mayor and to increase the number of councilmembers and councilmember districts from four to five. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Election. Pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Westminster, California, on Tuesday, June 7, 2022, an election for the purpose of submitting to the voters of the City of Westminster a proposed ordinance to eliminate the office of elective mayor and increase the number of councilmembers and councilmember districts from four to five. Section 2. Ballot Label. That the measure to appear on the ballot as follows: YES Shall an ordinance be adopted that eliminates the office of elective mayor and increases the number of councilmembers and councilmember districts from four to five? NO Section 3. Exhibit A. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A. Section 4. Majority Vote. That the vote requirement for the measure to pass is a majority of the votes cast. ____-1 Section 5. Authorization to City Clerk. The City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 6. Polls. The polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code Section 10242, except as provided in Section 14401 of the Elections Code. Section 7. Compliance with Law. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 8. Notice of Election. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further notice of the election in time, form and manner as required by law. Section 9. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ____ day of ____ 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _________________________________ TRI TA MAYOR ATTEST: ___________________________________ LUCIE COLOMBO, CMC, CPMC INTERIM CITY CLERK APPROVED AS TO FORM: _________________________________ CHRISTIAN L. BETTENHAUSEN CITY ATTORNEY ____-2 Exhibit “A” Ordinance Elininating the Office of Elective Mayor and Increasing the Number of Councilmembers and Councilmember Districts from Four to Five ____-3 CITY OF WESTMINSTER ORDINANCE NO. ______ AN ORDINANCE OF THE PEOPLE OFTHE CITY OF WESTMINSTER, AMENDINGCHAPTER 2.04CITY COUNCILOF THE WESTMINSTER MUNICIPAL CODE OF THE WESTMINSTER MUNICIPAL CODE OF THE WESTMINSTER MUNICIPAL CODE ELIMINATING THE OFFICE OF ELECTED MAYOR WHEREAS,the electors from within the City of Westminster currently f Westminster currently f Westminster currently directly directly elect a elect a mayor at large; and WHEREAS,the electors from within City of Westminster City of Westminster City of Westminster also currently also currently also currently elect four elect four elect four councilmembers from four separate districtsin the Cityin the Cityin the City; and; and; and WHEREAS, Government Code Section 34902(b) authorizes the City Council to tion 34902(b) authorizes the City Council to tion 34902(b) authorizes the City Council to submit to the voters the question of whether to eliminate the elective office of mayor and submit to the voters the question of whether to eliminate the elective office of mayor and submit to the voters the question of whether to eliminate the elective office of mayor and establish the procedure of selection ofthe mayor by the city councilthe mayor by the city councilthe mayor by the city council; and; and TTTTT WHEREAS, the City Council desires to subthe City Council desires to subthe City Council desires to submit to the voters the question of whether mit to the voters the question of whether mit to the voters the question of whether to adopt an ordinance eliminating the office of elected mayor and electing five city to adopt an ordinance eliminating the office of elected mayor and electing five city to adopt an ordinance eliminating the office of elected mayor and electing five city councilmembers from five separate districts; andcouncilmembers from five separate districts; andcouncilmembers from five separate districts; and WHEREAS, this ordinanceordinanceof the FFFFF Guidbecause this is an changes in the environment;changes in the environment;changes in the environment; WHEREAS, even if WHEREAS, even if WHEREAS, even if this ordinance this ordinance this ordinance under CEQA, there is no possibility that the adoption of this ordinance will have a significant impact on the possibility that the adoption of this ordinance will have a significant impact on the possibility that the adoption of this ordinance will have a significant impact on the AAAAA environment, environment, because this because this because this ordinanceordinanceordinancewill not lead to construction or any other change in will not lead to construction or any other change in will not lead to construction or any other change in the environmentthe environment..ThereforeThereforeTherefore, the adoption of this ordinance , the adoption of this ordinance , the adoption of this ordinance is exempt from the California Guidelines (Title 14, Chapter 3 of the California Code of Regulations)Guidelines (Title 14, Chapter 3 of the California Code of Regulations)Guidelines (Title 14, Chapter 3 of the California Code of Regulations). NOW THEREFORENOW THEREFORENOW THEREFORE, THE , THE , THE PEOPLEOF THE CITY OF WESTMINSTER DO RRRRR HEREBY ORDAIN HEREBY ORDAIN HEREBY ORDAIN ASASASFOLLOWS:FOLLOWS:FOLLOWS: SECTION 1SECTION 1SECTION 1..Salaries.Salaries.Salaries. Section 2.04.080 of the Westminster Municipal Code is hereby amended to provide as Section 2.04.080 of the Westminster Municipal Code is hereby amended to provide as follows: DDDDD 2.04.080 Salaries. Pursuant to California Government CodeSection 36516 and this section of the Westminster Municipal Code, thecity council of the city of Westminster hereby establishes councilmember compensation in the amount of eight hundred fifty dollars and fifty cents per month for each councilmember, effective upon the commencement of a new term of office by any councilmember. SECTION 2. Organization. Section2.04.090ofthe Westminster Municipal Code is hereby amendedto provideas follows: 2.04.090Organization. (a)MAYOR. At the meeting at which the City Council approves the certification MAYOR. At the meeting at which the City Council approves the certification of election results following any general election at which members of the City owing any general election at which members of the City Council are elected, and at the first meeting in December during any nonand at the first meeting in December during any non-- election year, orat any time when there is a vacancy in the office of Mayor, the at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one oCity Council shall meet and shall elect one of its members as its presiding officer, f its members as its presiding officer, who shall have the Title of Mayor. The Mayor shall have a voice and vote in all who shall have the Title of Mayor. The Mayor shall have a voice and vote in all City Council proceedings. The Mayor shall be the official head of the City for all City Council proceedings. The Mayor shall be the official head of the City for all TTTTTTTTTTTTTTTTTTT purposes including ceremonial. The Mayor shall perforpurposes including ceremonial. The Mayor shall perform such other dutim such other duties as may be prescribed by this municipal code or as may be imposed by the City or as may be imposed by the City Council consistent with the office. The Mayor shall serve in such capacity at the Council consistent with the office. The Mayor shall serve in such capacity at the pleasure of the City Council. (b)VICE MAYOR. At the same meeting when a M. At the same meeting when a Mayor is selected, tayor is selected, the City FFFFFFFFFFFFFFFFFFF Council shall also designate one of its members as Council shall also designate one of its members as Vice Vice Mayor who shall serve in such capacity at the pleasure of the City Council. The in such capacity at the pleasure of the City Council. The Vice Mayor shall perform the duties of the Mayor during any absence or disability of the Mayoperform the duties of the Mayor during any absence or disability of the Mayor. SECTION 3. Terms of Office. Terms of Office. Terms of Office.. Section2.04.100 of 2.04.100 of 2.04.100 of the Westminster Municipal Code the Westminster Municipal Code the Westminster Municipal Code is hereby amended to provideas AAAAAAAAAAAAAAAAAAA follows: 2.04.1002.04.1002.04.100Terms of office for city councilmembers.Terms of office for city councilmembers.Terms of office for city councilmembers. The general municipal election for all elected city officers shall be consolThe general municipal election for all elected city officers shall be consolThe general municipal election for all elected city officers shall be consolidated with the statewide general election on the first Tuesday after the first Monday of the statewide general election on the first Tuesday after the first Monday of the statewide general election on the first Tuesday after the first Monday of November in each evenNovember in each evenNovember in each even-numbered year. There shall be fiveelected RRRRRRRRRRRRRRRRRRR councilmemberscouncilmemberscouncilmembersfrom five separate districts in the city, from five separate districts in the city, from five separate districts in the city, who shall each serve a four- year term.year term.year term. SECTION ION ION 444. By. By. By. By. By---district electionsdistrict electionsdistrict elections. Section2.04.120 of the Westminster Municipal Code is hereby amended to provide2.04.120 of the Westminster Municipal Code is hereby amended to provide2.04.120 of the Westminster Municipal Code is hereby amended to provideas follows: DDDDDDDDDDDDDDDDDDD 2.04.120By-district elections. ____-2 A.City Council. The fiveelected council members shall be elected by district at the times andin the manner provided in this chapter, in a sequence to be determined by ordinance. B.Residency in Districts. Each member of the city council must be a resident of the council district from which the member is nominated at the time the member is nom member of the city council ceases to be a resident of the district from which the member of the city council ceases to be a resident of the district from which the member (or, in the case of an appointee, a predecessor) was nominated, the office member (or, in the case of an appointee, a predecessor) was nominated, the office shall immediately become vacant and shall be filled in the same manner as herein tely become vacant and shall be filled in the same manner as herein provided for other vacancies. If a member of the city council ceases to be a resident provided for other vacancies. If a member of the city council ceases to be a resident of the district from which the member (or, in the case of an appointee, a of the district from which the member (or, in the case of an appointee, a predecessor) was nominated solely because of a change in the boundariesolely because of a change in the boundariesas provided herein, the member shall not lose office during that term by reason of such provided herein, the member shall not lose office during that term by reason of such change. C.CouncilDistricts. The city is hereby divided into Districts. The city is hereby divided into fivefivedistricts, as set forth herein. Candidates for council seats in each district shall be nominated and elected l seats in each district shall be nominated and elected TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT only by the voters of that district and shall reside in that district.the voters of that district and shall reside in that district. D.District Boundaries. The boundaries of the council member districts of the city District Boundaries. The boundaries of the council member districts of the city shall be established in the manner requiredshall be established in the manner requiredbyGovernmentGovernmentCodeSection 34877.5 and CaliforniaElectionsCodeSection 10010.Section 10010. E.Changes in Boundaries. The boundaries of said city council districts may be Changes in Boundaries. The boundaries of said city council districts may be FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF changed by ordinance adopted by the city council by threechanged by ordinance adopted by the city council by three-fifths vote of all its members; provided that districts members; provided that districts must be must be established established in accordance with applicable law.See Elections Code 21601.See Elections Code 21601.Boundaries shall be adjusted by the city council Boundaries shall be adjusted by the city council as required by law required by law followingfollowingeach decennial federal census, or as otherwise authorized each decennial federal census, or as otherwise authorized by law. After city council has exercised its power to chaAfter city council has exercised its power to change the boundaries of districts, these changes shall immediately be reflected in the district boundaries districts, these changes shall immediately be reflected in the district boundaries AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA specified by ordinance adopted by specified by ordinance adopted by the the city council.city council. F.Current Officeholders. The mayor and four members of the city council in office Current Officeholders. The mayor and four members of the city council in office at the time at the time this section takes effect shall continue in office until their this section takes effect shall continue in office until their existing terms expire.expire. G.Council Elections SequencedCouncil Elections Sequenced. The members of the Council of the first, fourth RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR and fifth districts shall be elected commencing in the year 2022 to the Council seats and fifth districts shall be elected commencing in the year 2022 to the Council seats tthen open, and in each fourth year thereafter. The members of the Council of the hen open, and in each fourth year thereafter. The members of the Council of the second and third districts shall be elected commencing in the year 2024 to the second and third districts shall be elected commencing in the year 2024 to the Council seats then open, and in each fourth year thereafter.Council seats then open, and in each fourth year thereafter. * * * SECTION 5. Term Limits. Term Limits. Term Limits. DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Sectionthe Westminster Municipal Code is hereby amended to provideas follows: 2.04.125Term limits. ____-3 A.No person shall be eligible to serve in the office of city council member for more than three four-year terms following the adoption of this measure, commencing with those elected in the November 3, 2020 election. B.Notwithstanding the foregoing and for the purpose of term limitation, any person who is appointed by the city council or elected to fill a vacant office ofperson who is appointed by the city council or elected to fill a vacant office ofa city council member for an unexpired term of more than one-half the original term shall half the original term shall be deemed to have served a full term. SECTION 6. Future Amendments. Nothing in this ordinance is intended to prevent the City Council from subsequently Nothing in this ordinance is intended to prevent the City Council from subsequently Nothing in this ordinance is intended to prevent the City Council from subsequently adopting ordinances which directly amend those sections amended by this ordinance, ordinances which directly amend those sections amended by this ordinance, ordinances which directly amend those sections amended by this ordinance, provided that such amendments do not change the fact that the mayor is not to be directly provided that such amendments do not change the fact that the mayor is not to be directly provided that such amendments do not change the fact that the mayor is not to be directly elected, and the five councilmembers are to be elected from elected, and the five councilmembers are to be elected from elected, and the five councilmembers are to be elected from five five districts. Further, nothindistricts. Further, nothindistricts. Further, nothing in this ordinance is intended to prohibit the City Council from taking any action, including in this ordinance is intended to prohibit the City Council from taking any action, including in this ordinance is intended to prohibit the City Council from taking any action, including the adoption of subsequent ordinances, to further the purposes of this ordinancethe adoption of subsequent ordinances, to further the purposes of this ordinancethe adoption of subsequent ordinances, to further the purposes of this ordinance. TTTT SECTION 7. Interpretation. Nothing in this ordinance is intended to directl. Nothing in this ordinance is intended to directl. Nothing in this ordinance is intended to directly affect the y affect the position of directly elected may SECTION 8.Severability. If any section, subsection, clause or phrase or portion of this code is for any reason held to If any section, subsection, clause or phrase or portion of this code is for any reason held to If any section, subsection, clause or phrase or portion of this code is for any reason held to be invalid or unconstitutional by thbe invalid or unconstitutional by the decision of any court of competent jurisdiction, such e decision of any court of competent jurisdiction, such e decision of any court of competent jurisdiction, such FFFF decision shall not affect the validity of all other provisions of this ordinance.decision shall not affect the validity of all other provisions of this ordinance.decision shall not affect the validity of all other provisions of this ordinance. SECTION 9. Effective Date. Effective Date. Effective Date.. This Ordinance shall take This Ordinance shall take This Ordinance shall take immediate immediate immediate effect effect upon approval upon approval upon approval by a majority of the voters voting at the special municipal election to be held June 7, 2021. at the special municipal election to be held June 7, 2021. at the special municipal election to be held June 7, 2021. AAAA PASSED, APPROVED AND ADOPTED PASSED, APPROVED AND ADOPTED PASSED, APPROVED AND ADOPTED by the voters of the City of Westminster on this 7thday of day of day of JuneJune202020212121... ATTEST:ATTEST:ATTEST: RRRR ________________________________________________________________________________________________ LUCIE COLOMBOLUCIE COLOMBOLUCIE COLOMBO,,,CMC, CPMCCMC, CPMCCMC, CPMC INTERIM CITY CLERKCITY CLERKCITY CLERK DDDD ____-4 CITY OF WESTMINSTER RESOLUTION NO. ______ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2022 WITH THE STATEWIDE PRIMARY ELECTION WHEREAS, the City Council of the City of Westminster called a special municipal election to be held on June 7, 2022 for the purpose of submitting to the voters the question of whether to eliminate the office of elective mayor and increase the number of councilmembers and councilmember districts from four to five pursuant to Government Code Section 34902; and WHEREAS, Elections Code Section 10400 et seq. authorize a municipality to consolidate its election with a statewide election to be held on the same day; and WHEREAS, it is desirable that the city’s special election be consolidated with the statewide direct primary election be held on the same date and within the City; WHEREAS it is desirable that the precincts, polling places, and election officers of the two elections be the same, and that the Orange County Registrar of Voters canvass the returns of the special municipal election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Consolidation Request. Pursuant to Elections Code Section 10403, the Orange Councy Board of Supervisors is hereby requested to agree to the consolidation of a special municipal election with the Statewide Primary Election on June 7, 2022 for the purpose of submitting to the voters in Westminster the question of whether to eliminate the office of elective mayor and increase the number of councilmembers and districts from four to five, effective at the expiration of the current mayor’s term of office. Section 2. Ballot Label. That the measure to appear on the ballot is as follows: Shall an ordinance be adopted that eliminates YES the office of elective mayor and increases the number of councilmembers and council NO districts from four to five? Section 3. Exhibit A. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A. Section 4. Majority Vote. That the vote requirement for the measure to pass is a majority of the votes cast. ____-1 Section 5. Authorization. That the Orange County Registrar of Voters Office is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating statewide or special elections. Section 6. Election Instructions. The Board of Supervisors is requested to issue instructions to the Orange County Registrar of Voters Office to take any and all steps necessary for the holding of the consolidated election. Section 7. Cost Reimbursement. The City of Westminster recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. Section 8. Filing Copy. That the City Clerk is hereby directed to file a certified copy of this resolution with the Orange County Board of Supervisors and the Orange County Registrar of Voters. Section 9. City Clerk Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ____ day of ____ 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ____________________________ TRI TA MAYOR ATTEST: _________________________________ LUCIE COLOMBO, CMC, CPMC INTERIM CITY CLERK APPROVED AS TO FORM: _________________________________ CHRISTIAN L. BETTENHAUSEN CITY ATTORNEY ____-2 Exhibit “A” Ordinance Elininating the Office of Elective Mayor and Increasing the Number of Councilmembers and Councilmember Districts from Four to Five ____-3 CITY OF WESTMINSTER ORDINANCE NO. ______ AN ORDINANCE OF THE PEOPLE OFTHE CITY OF WESTMINSTER, AMENDINGCHAPTER 2.04CITY COUNCILOF THE WESTMINSTER MUNICIPAL CODE OF THE WESTMINSTER MUNICIPAL CODE OF THE WESTMINSTER MUNICIPAL CODE ELIMINATING THE OFFICE OF ELECTED MAYOR WHEREAS,the electors from within the City of Westminster currently f Westminster currently f Westminster currently directly directly elect a elect a mayor at large; and WHEREAS,the electors from within City of Westminster City of Westminster City of Westminster also currently also currently also currently elect four elect four elect four councilmembers from four separate districtsin the Cityin the Cityin the City; and; and; and WHEREAS, Government Code Section 34902(b) authorizes the City Council to tion 34902(b) authorizes the City Council to tion 34902(b) authorizes the City Council to submit to the voters the question of whether to eliminate the elective office of mayor and submit to the voters the question of whether to eliminate the elective office of mayor and submit to the voters the question of whether to eliminate the elective office of mayor and establish the procedure of selection ofthe mayor by the city councilthe mayor by the city councilthe mayor by the city council; and; and TTTTT WHEREAS, the City Council desires to subthe City Council desires to subthe City Council desires to submit to the voters the question of whether mit to the voters the question of whether mit to the voters the question of whether to adopt an ordinance eliminating the office of elected mayor and electing five city to adopt an ordinance eliminating the office of elected mayor and electing five city to adopt an ordinance eliminating the office of elected mayor and electing five city councilmembers from five separate districts; andcouncilmembers from five separate districts; andcouncilmembers from five separate districts; and WHEREAS, this ordinanceordinanceof the FFFFF Guidbecause this is an changes in the environment;changes in the environment;changes in the environment; WHEREAS, even if WHEREAS, even if WHEREAS, even if this ordinance this ordinance this ordinance under CEQA, there is no possibility that the adoption of this ordinance will have a significant impact on the possibility that the adoption of this ordinance will have a significant impact on the possibility that the adoption of this ordinance will have a significant impact on the AAAAA environment, environment, because this because this because this ordinanceordinanceordinancewill not lead to construction or any other change in will not lead to construction or any other change in will not lead to construction or any other change in the environmentthe environment..ThereforeThereforeTherefore, the adoption of this ordinance , the adoption of this ordinance , the adoption of this ordinance is exempt from the California Guidelines (Title 14, Chapter 3 of the California Code of Regulations)Guidelines (Title 14, Chapter 3 of the California Code of Regulations)Guidelines (Title 14, Chapter 3 of the California Code of Regulations). NOW THEREFORENOW THEREFORENOW THEREFORE, THE , THE , THE PEOPLEOF THE CITY OF WESTMINSTER DO RRRRR HEREBY ORDAIN HEREBY ORDAIN HEREBY ORDAIN ASASASFOLLOWS:FOLLOWS:FOLLOWS: SECTION 1SECTION 1SECTION 1..Salaries.Salaries.Salaries. Section 2.04.080 of the Westminster Municipal Code is hereby amended to provide as Section 2.04.080 of the Westminster Municipal Code is hereby amended to provide as follows: DDDDD 2.04.080 Salaries. Pursuant to California Government CodeSection 36516 and this section of the Westminster Municipal Code, thecity council of the city of Westminster hereby establishes councilmember compensation in the amount of eight hundred fifty dollars and fifty cents per month for each councilmember, effective upon the commencement of a new term of office by any councilmember. SECTION 2. Organization. Section2.04.090ofthe Westminster Municipal Code is hereby amendedto provideas follows: 2.04.090Organization. (a)MAYOR. At the meeting at which the City Council approves the certification MAYOR. At the meeting at which the City Council approves the certification of election results following any general election at which members of the City owing any general election at which members of the City Council are elected, and at the first meeting in December during any nonand at the first meeting in December during any non-- election year, orat any time when there is a vacancy in the office of Mayor, the at any time when there is a vacancy in the office of Mayor, the City Council shall meet and shall elect one oCity Council shall meet and shall elect one of its members as its presiding officer, f its members as its presiding officer, who shall have the Title of Mayor. The Mayor shall have a voice and vote in all who shall have the Title of Mayor. The Mayor shall have a voice and vote in all City Council proceedings. The Mayor shall be the official head of the City for all City Council proceedings. The Mayor shall be the official head of the City for all TTTTTTTTTTTTTTTTTTT purposes including ceremonial. The Mayor shall perforpurposes including ceremonial. The Mayor shall perform such other dutim such other duties as may be prescribed by this municipal code or as may be imposed by the City or as may be imposed by the City Council consistent with the office. The Mayor shall serve in such capacity at the Council consistent with the office. The Mayor shall serve in such capacity at the pleasure of the City Council. (b)VICE MAYOR. At the same meeting when a M. At the same meeting when a Mayor is selected, tayor is selected, the City FFFFFFFFFFFFFFFFFFF Council shall also designate one of its members as Council shall also designate one of its members as Vice Vice Mayor who shall serve in such capacity at the pleasure of the City Council. The in such capacity at the pleasure of the City Council. The Vice Mayor shall perform the duties of the Mayor during any absence or disability of the Mayoperform the duties of the Mayor during any absence or disability of the Mayor. SECTION 3. Terms of Office. Terms of Office. Terms of Office.. Section2.04.100 of 2.04.100 of 2.04.100 of the Westminster Municipal Code the Westminster Municipal Code the Westminster Municipal Code is hereby amended to provideas AAAAAAAAAAAAAAAAAAA follows: 2.04.1002.04.1002.04.100Terms of office for city councilmembers.Terms of office for city councilmembers.Terms of office for city councilmembers. The general municipal election for all elected city officers shall be consolThe general municipal election for all elected city officers shall be consolThe general municipal election for all elected city officers shall be consolidated with the statewide general election on the first Tuesday after the first Monday of the statewide general election on the first Tuesday after the first Monday of the statewide general election on the first Tuesday after the first Monday of November in each evenNovember in each evenNovember in each even-numbered year. There shall be fiveelected RRRRRRRRRRRRRRRRRRR councilmemberscouncilmemberscouncilmembersfrom five separate districts in the city, from five separate districts in the city, from five separate districts in the city, who shall each serve a four- year term.year term.year term. SECTION ION ION 444. By. By. By. By. By---district electionsdistrict electionsdistrict elections. Section2.04.120 of the Westminster Municipal Code is hereby amended to provide2.04.120 of the Westminster Municipal Code is hereby amended to provide2.04.120 of the Westminster Municipal Code is hereby amended to provideas follows: DDDDDDDDDDDDDDDDDDD 2.04.120By-district elections. ____-2 A.City Council. The fiveelected council members shall be elected by district at the times andin the manner provided in this chapter, in a sequence to be determined by ordinance. B.Residency in Districts. Each member of the city council must be a resident of the council district from which the member is nominated at the time the member is nom member of the city council ceases to be a resident of the district from which the member of the city council ceases to be a resident of the district from which the member (or, in the case of an appointee, a predecessor) was nominated, the office member (or, in the case of an appointee, a predecessor) was nominated, the office shall immediately become vacant and shall be filled in the same manner as herein tely become vacant and shall be filled in the same manner as herein provided for other vacancies. If a member of the city council ceases to be a resident provided for other vacancies. If a member of the city council ceases to be a resident of the district from which the member (or, in the case of an appointee, a of the district from which the member (or, in the case of an appointee, a predecessor) was nominated solely because of a change in the boundariesolely because of a change in the boundariesas provided herein, the member shall not lose office during that term by reason of such provided herein, the member shall not lose office during that term by reason of such change. C.CouncilDistricts. The city is hereby divided into Districts. The city is hereby divided into fivefivedistricts, as set forth herein. Candidates for council seats in each district shall be nominated and elected l seats in each district shall be nominated and elected TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT only by the voters of that district and shall reside in that district.the voters of that district and shall reside in that district. D.District Boundaries. The boundaries of the council member districts of the city District Boundaries. The boundaries of the council member districts of the city shall be established in the manner requiredshall be established in the manner requiredbyGovernmentGovernmentCodeSection 34877.5 and CaliforniaElectionsCodeSection 10010.Section 10010. E.Changes in Boundaries. The boundaries of said city council districts may be Changes in Boundaries. The boundaries of said city council districts may be FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF changed by ordinance adopted by the city council by threechanged by ordinance adopted by the city council by three-fifths vote of all its members; provided that districts members; provided that districts must be must be established established in accordance with applicable law.See Elections Code 21601.See Elections Code 21601.Boundaries shall be adjusted by the city council Boundaries shall be adjusted by the city council as required by law required by law followingfollowingeach decennial federal census, or as otherwise authorized each decennial federal census, or as otherwise authorized by law. After city council has exercised its power to chaAfter city council has exercised its power to change the boundaries of districts, these changes shall immediately be reflected in the district boundaries districts, these changes shall immediately be reflected in the district boundaries AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA specified by ordinance adopted by specified by ordinance adopted by the the city council.city council. F.Current Officeholders. The mayor and four members of the city council in office Current Officeholders. The mayor and four members of the city council in office at the time at the time this section takes effect shall continue in office until their this section takes effect shall continue in office until their existing terms expire.expire. G.Council Elections SequencedCouncil Elections Sequenced. The members of the Council of the first, fourth RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR and fifth districts shall be elected commencing in the year 2022 to the Council seats and fifth districts shall be elected commencing in the year 2022 to the Council seats tthen open, and in each fourth year thereafter. The members of the Council of the hen open, and in each fourth year thereafter. The members of the Council of the second and third districts shall be elected commencing in the year 2024 to the second and third districts shall be elected commencing in the year 2024 to the Council seats then open, and in each fourth year thereafter.Council seats then open, and in each fourth year thereafter. * * * SECTION 5. Term Limits. Term Limits. Term Limits. DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD Sectionthe Westminster Municipal Code is hereby amended to provideas follows: 2.04.125Term limits. ____-3 A.No person shall be eligible to serve in the office of city council member for more than three four-year terms following the adoption of this measure, commencing with those elected in the November 3, 2020 election. B.Notwithstanding the foregoing and for the purpose of term limitation, any person who is appointed by the city council or elected to fill a vacant office ofperson who is appointed by the city council or elected to fill a vacant office ofa city council member for an unexpired term of more than one-half the original term shall half the original term shall be deemed to have served a full term. SECTION 6. Future Amendments. Nothing in this ordinance is intended to prevent the City Council from subsequently Nothing in this ordinance is intended to prevent the City Council from subsequently Nothing in this ordinance is intended to prevent the City Council from subsequently adopting ordinances which directly amend those sections amended by this ordinance, ordinances which directly amend those sections amended by this ordinance, ordinances which directly amend those sections amended by this ordinance, provided that such amendments do not change the fact that the mayor is not to be directly provided that such amendments do not change the fact that the mayor is not to be directly provided that such amendments do not change the fact that the mayor is not to be directly elected, and the five councilmembers are to be elected from elected, and the five councilmembers are to be elected from elected, and the five councilmembers are to be elected from five five districts. Further, nothindistricts. Further, nothindistricts. Further, nothing in this ordinance is intended to prohibit the City Council from taking any action, including in this ordinance is intended to prohibit the City Council from taking any action, including in this ordinance is intended to prohibit the City Council from taking any action, including the adoption of subsequent ordinances, to further the purposes of this ordinancethe adoption of subsequent ordinances, to further the purposes of this ordinancethe adoption of subsequent ordinances, to further the purposes of this ordinance. TTTT SECTION 7. Interpretation. Nothing in this ordinance is intended to directl. Nothing in this ordinance is intended to directl. Nothing in this ordinance is intended to directly affect the y affect the position of directly elected may SECTION 8.Severability. If any section, subsection, clause or phrase or portion of this code is for any reason held to If any section, subsection, clause or phrase or portion of this code is for any reason held to If any section, subsection, clause or phrase or portion of this code is for any reason held to be invalid or unconstitutional by thbe invalid or unconstitutional by the decision of any court of competent jurisdiction, such e decision of any court of competent jurisdiction, such e decision of any court of competent jurisdiction, such FFFF decision shall not affect the validity of all other provisions of this ordinance.decision shall not affect the validity of all other provisions of this ordinance.decision shall not affect the validity of all other provisions of this ordinance. SECTION 9. Effective Date. Effective Date. Effective Date.. This Ordinance shall take This Ordinance shall take This Ordinance shall take immediate immediate immediate effect effect upon approval upon approval upon approval by a majority of the voters voting at the special municipal election to be held June 7, 2021. at the special municipal election to be held June 7, 2021. at the special municipal election to be held June 7, 2021. AAAA PASSED, APPROVED AND ADOPTED PASSED, APPROVED AND ADOPTED PASSED, APPROVED AND ADOPTED by the voters of the City of Westminster on this 7thday of day of day of JuneJune202020212121... ATTEST:ATTEST:ATTEST: RRRR ________________________________________________________________________________________________ LUCIE COLOMBOLUCIE COLOMBOLUCIE COLOMBO,,,CMC, CPMCCMC, CPMCCMC, CPMC INTERIM CITY CLERKCITY CLERKCITY CLERK DDDD ____-4 CITY OF WESTMINSTER RESOLUTION NO. ____ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS RELATING TO A MEASURE TO ADOPT AN ORDINANCE TO ELIMIANTE THE OFFICE OF ELECTIVE MAYOR AND INCREASE THE NUMBER OF COUNCILMEMBERS AND DISTRICTS FROM FOUR TO FIVE; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR THIS MEASURE WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a municipal election is to be held in the City of Westminster, California on June, 7, 2022, at which time there will be submitted to the voters the following measure relating to a proposed ordinance to eliminate the office of elective mayor and increase the number of councilmembers and districts from four to five: YES Shall an ordinance be adopted that eliminates the office of elective mayor and increases the number of councilmembers NO and districts from four to five? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Council authorizes ALL members of the City Council to file written arguments in favor of or against this measure not exceeding 300 words, accompanied by the printed names and signatures of the authors submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. Any individual voter who is eligible to vote on the measure may file a written argument for or against the measure. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. If more than one individual submits written arguments in favor or against this measure, the City Council shall collectively decide which arguments shall be included with the ballot materials. The arguments shall be filed with the City Clerk, signed, with 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 who is the author of the argument. Pursuant to Election Code Section 9600, the arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. ____-1 Section 2. That the City Council 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 exceeding 500 words showing the effect of the measure on existing law and the operation of the measure. The impartial analysis for the measure shall be filed by the date set by the City Clerk for the filing of primary arguments. Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ____ day of ____ 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ________________________________ TRI TA MAYOR ATTEST: _____________________________________ LUCIE COLOMBO, CMC, CPMC INTERIM CITY CLERK APPROVED AS TO FORM: _____________________________________ CHRISTITAN L. BETTENHAUSEN CITY ATTORNEY ____-2