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HomeMy WebLinkAboutResolution No. 14-7469 - Requesting LA County Board of Supervisors Consolidate a Special Election on June 3, 2014, with the Statewide Primary Election Pursuant To Section 10403 of the Elections Code to Consider Adoption of a Charter Amendment & SubmittingRESOLUTION NO. 14-7469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2014, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE TO CONSIDER THE ADOPTION OF A CHARTER AMENDMENT AND SUBMITTING THE PROPOSED TEXT, BALLOT LABEL AND CITY ATTORNEY’S IMPARTIAL ANALYSIS FOR SUCH PROPOSED CHARTER AMENDMENT WHEREAS, the City Council of the City of Downey received an initiative petition containing the requisite number of signatures to place on the ballot an amendment to Article VII, Section 702 of the Downey City Charter (“Charter Amendment”) relating to permitting the City to contract out fire and police protection services without voter approval; and, WHEREAS, on June 1 1, 2013, the City Council determined to place the proposed Charter Amendment on the June 3, 2014 election ballot; WHEREAS, it is desirable that the special municipal election to consider the adoption of the proposed Charter Amendment be consolidated with the Statewide Primary Election to be held on the same date and that within the city precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the Statewide Primary 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 DOWNEY DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the (Statewide Primary) Election on Tuesday, June 3, 2014, for the purpose of submitting to the voters a proposed Charter Amendment attached hereto as Exhibit A as to which the ballot label pursuant to Elections Code section 9051 (b) shall read as follows: CHARTER AMENDMENT NO. 14 Shall section 702 of the Charter be amended to remove the requirement that the City shall provide for the staffing of the police and fire departments through its own staff and to remove the requirement that a two-thirds advisory vote is necessary before the City Council may consider alternative methods or agreements for providing police and fire services? YES NO SECTION 2. That pursuant to Section 9280 of the Elections Code, the City Attorney’s Impartial Analysis for such Charter Amendment shall be as set forth in Exhibit B. RESOLUTION NO. 14-7469 PAGE 2 SECTION 3. That the Registrar of Voters of the County of Los Angeles 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; and, the election will be held and conducted in a manner prescribed in Election Code Section 10419 SECTION 4. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election SECTION 5. That the City of Downey 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 6. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of Los Angeles SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution. APPROVED AND ADOPTED this 28th day of January, 2014. Mayor ATTEST ha AdCMC City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting thereof held on the 28th day of January 2014, by the following vote, to wit: AYES: NOES: ABSTAIN : ABSENT: Council Members: Council Members: Council Members: Council Members: Brossmer, Guerra, Saab, Marquez, Mayor Vasquez None None None ABRm JImm City Clerk RESOLUTION NO. 14-7469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2014, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE TO CONSIDER THE ADOPTION OF A CHARTER AMENDMENT AND SUBMITTING THE PROPOSED TEXT, BALLOT LABEL AND CITY ATTORNEY’S IMPARTIAL ANALYSIS FOR SUCH PROPOSED CHARTER AMENDMENT WHEREAS, the City Council of the City of Downey received an initiative petition containing the requisite number of signatures to place on the ballot an amendment to Article VII, Section 702 of the Downey City Charter (“Charter Amendment”) relating to permitting the City to contract out fire and police protection services without voter approval; and, WHEREAS, on June 11, 2013, the City Council determined to place the proposed Charter Amendment on the June 3, 2014 election ballot; WHEREAS, it is desirable that the special municipal election to consider the adoption of the proposed Charter Amendment be consolidated with the Statewide Primary Election to be held on the same date and that within the city precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the Statewide Primary 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 DOWNEY DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the (Statewide Primary) Election on Tuesday, June 3, 2014, for the purpose of submitting to the voters a proposed Charter Amendment attached hereto as Exhibit A as to which the ballot label pursuant to Elections Code section 9051 (b) shall read as follows CHARTER AMENDMENT NO. 14 Shall section 702 of the Charter be amended to remove the requirement that the City shall provide for the staffing of the police and fire departments through its own staff and to remove the requirement that a two-thirds advisory vote is necessary before the City Council may consider alternative methods or agreements for providing police and fire services? YES NO SECTION 2. That pursuant to Section 9280 of the Elections Code, the City Attorney’s Impartial Anatysis for such Charter Amendment shall be as set forth in Exhibit B RESOLUTION NO. 14-7469 PAGE 2 SECTION 3. That the Registrar of Voters of the County of Los Angeles 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; and, the election will be held and conducted in a manner prescribed in Election Code Section 10419 SECTION 4. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election SECTION 5. That the City of Downey 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 6. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of Los Angeles. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution APPROVED AND RE-ADOPTED this 28h day of Febru3'ry, 9014• q: IF ,NDO Mayor ATTEST: a\ aL_ ILpb liFEiB City Clerk I HEREBY CERTIFY that the foregoing Resolution was re-adopted by the City Council of the City of Downey at a special meeting thereof held on the 28th day of February 2014, by the following vote, to wit: AYES: NOES: ABSTAIN : ABSENT: Council Members: Council Members: Council Members: Council Members: Guerra, Saab, Marquez, Mayor Vasquez None None Brossmer ./_/Z/ xbHAR–jaEi-i2Tw City Clerk EXHIBIT A INITIATIVE MEASURE TITLE AND SUMMARY PREPARED BY CITY ATTORNEY PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9203 Title: A Proposed Charter Amendment to Permit the City to Contract Out Fire and Police Protection Services Without Voter Approval Summary: On May 5, 1998, the voters of the City of Downey approved an amendment to Section 702 of the Downey City Charter (“Section 702”) which required the City to staff its fire and police departments with its own employees. The amendment further required that before the City Council could consider a contract or alternative method of providing fire and police protection services, other than through its own employees, such contract or method required a two-thirds advisory vote approval by the Downey voters at a general municipal election. This proposed Charter Amendment would amend Section 702 as follows: • The City will have the obligation to provide fire and police protection services, but there will be no requirement that the City provide these services with its own employees. • The Charter Amendment allows the City Council to contract with any local agency for the furnishing of fire and/or police protection services. • The City Council will no longer be required to obtain a two-thirds advisory vote approval from Downey voters prior to entering into a contract with another local agency to provide fire and/or police protection services. A majority of the voters must approve the proposed Charter Amendment for it to be adopted. Dated: October 3, 2012 b e o i EXHIBIT B CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE Measure is a proposed amendment to Article VII section 702 of the Downey City Charter which would have the following effects: 1. It would remove current language in section 702 of the City Charter which requires that the City shall provide for the staffing of the police and fire departments through its own staff, unless it submits for an advisory vote an alternative method or agreement and obtains a two-thirds approval by the City’s voters. 2. It would insert “police and fire” into a list of functions and services for which the “City shall provide as follows: “finance, public works, water, building & safety, police, fire, city planning and library.” 3. It further provides that the City Council may provide for contracts for the furnishing of fire services including fire protective services with a neighboring city, county, fire protection district, joint powers authority that provides fire protection services, police protection district, federal government or any federal department or agency as provided by Government Code section 55632. 4. If the amendment is adopted, under the amended Charter, the City Council would have the discretion, without prior voter approval, to decide how to furnish fire and police services. A “Yes” vote means the voter approves the proposed changes that this Charter Amendment would make. A “No” vote means the voter does not approve the proposed Charter Amendment, and no changes will be made to the City's Charter. This Charter Amendment will become effective if a majority of those voting on this Measure vote Yes This proposed amendment to Article VII, section 702 was placed on the June 3, 2014 ballot by petition signed by the requisite number of voters. Yvette M. Abich Garcia Downey City Attorney The above statement is an impartial analysis of Measure . If you desire a copy of the ordinance or measure, please call the Downey City Clerk’s Office at (562) 904-7280 and a copy will be mailed at no cost to you. r PROPOSED LAW This proposed measure to amend the Charter of the City of Downey is submitted to the people of Downey in accordance with the provisions of the California Elections Code Section 9255, er seq, The people of the City of Downey do ordain ag follows: THE CITY OF DOWNEy CUARTER IMPROVEMENT & TAXPAW.R PROTECTION ACT SECTION 1. Title. This measure shall be known and may be cited as the City of Downey Charter Improvement & Taxpayer Protection Act. SECTION 2. Findings and Declarations. (1) in 1998 Downey voters passed Charter Amendment 702. Charter Amendment 702 states that the City shall provide through its own staffor the foI towing deparnnenfs= police and fIre . Charter Amendment 702 allows the City Council to provide fire or police services through contractors or others not on City staff only if the question is fIrst submittedfor an advisory vote and authorized by the a#wmative votes of two-thirds of the voters voting on such advisory measure at a general municipal election. (2) Politicians choosing to play politics with our police and fire protection to promote their own self-serving political agenda have implemented policies that are in direct conflict with Charter Amendment 702. In fact, for 10 years or more, vital police and fire services have been outsourced to non.sworn, non-City employees. Downey City Jail operations have been handed over to a private company. Moreover, although they wear Downey Fire Department uniforms and operate Downey Fire Department vehicles and equipment, many Emergency Medical Technicians (EMTs) transporting Downey patients to the hospital in Advanced Life Support (ALS) and Basic Life Support (BLS) emergencies are not City of Downey employees. They are hired, aained and paid by a private company. Before outsourcing these police and fire services to private companies, the City Council did not submit either outsourcing decision for a vote of the people. This outsourcing of public safety functions without prior voter approval is inconsistent with Charter Amendment 702 and, if left unconected, it could continue to expose Downey taxpayers to legal challenges and significant damage awards. (3) Charter Amendment 702’s requirement that an “advisory vote” be approved by two- thirds of the voters voting on such advisory measure itself is likely unlawfUI as inconsistent with Article 11, Section 7.5 of the California State Constitution. (4) The Downey City Council was notified that the City is conducting police, fire and paramedic operations in violation of Charter Amendment 702. Yet, the City Council 3 majority refuses to take the steps necessary to bring these emergency services operations into compliance with Charter Amendment 702. Therefore, the people must act and eliminate the legal and financial threats posed by Charter Amendment 702. SECTION 3. Amendment of the Charter of the City of Downey. [This initiative measure amends sections of the Charter of the City of Downey; therefore, added text is printed in italic type, and deleted text in otrikoout.] Section 702. ADMINISTRATIVE FUNCTIONS. The City shall provide through ito o\yn ThR, two thirds voting roquimmont shall not apply to ohnrtor amendments. The City shall abe provide the following functions and services: finance, public works, water, building & saictv , police, fIre, city planning and library. The City Council may provide by ordinance or resolution not inconsistent with this Charter for the organization, conduct and operation of the functions of the City as established by this Charter, for the creation of additional functions, departments, divisions, offices and agencies and for their consolidation or alteration. It may further provide by ordinance or resolution for the assignment and reassignment of functions, duties, ofTices and agencies to offices and departments, and for the number, titles, qualifications, powers, duties, and compensation of all officers and employees, and for contracts for the furnishing of fIre services, including contracts for fire protective services with local agencies as provided in Government Code Section 55632, consistent with this Charter. Each department so created shall be headed by a department head. SECTION 4. Effective Date. The amendment to Section 702 of the Charter of the City of Downey shall be effective on the date of this measure’s enactment. CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE Measure is a proposed amendment to Article VII section 702 of the Downey City Charter which would have the following effects 1. It would remove current language in section 702 of the City Charter which requires that the City shall provide for the staffing of the police and fire departments through its own staff, unless it submits for an advisory vote an alternative method or agreement and obtains a two-thirds approval by the City’s voters. 2. It would insert “police and fire” into a list of functions and services for which the “City shall provide as follows: “finance, public works, water, building & safety, police, fire, city planning and library. 3. It further provides that the City Council may provide for contracts for the furnishing of fire services including fire protective services with a neighboring city, county, fire protection district, joint powers authority that provides fire protection services, police protection district, federal government or any federal department or agency as provided by Government Code section 55632 [ 4. If the amendment is adopted, under the amended Charter, the City Council would have the discretion, without prior voter approval, to decide how to furnish fire and police services A “Yes” vote means the voter approves the proposed changes that this Charter Arnendment would make. A “No” vote means the voter does not approve the proposed Charter Amendment, and no changes will be made to the City’s Charter. This Charter Amendment will become effective if a majority of those voting on this Measure vote Yes This proposed amendment to Article VII, section 702 was placed on the June 3, 2014 ballot by petition signed by the requisite number of voters. Yvette M. Abich Garcia Downey City Attorney The above statement is an impartial analysis of Measure . If you desire a copy of the ordinance or measure, please call the Downey City Clerk’s Office at (562) 904-7280 and a copy will be mailed at no cost to you.