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HomeMy WebLinkAboutResolution No. 13-7422 RESOLUTION NO. 13 -7422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING FOR THE HOLDING OF A MUNICIPAL ELECTION ON TUESDAY, JUNE 3, 2014, WITH THE STATEWIDE PRIMARY ELECTION FOR THE SUBMISSION OF A MEASURE RELATING TO FIRE AND POLICE PROTECTION SERVICES WHEREAS, pursuant to authority provided by Article XI of the Constitution and Title 4, Division2, Chapter 3, of the Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of Downey signed by more than fifteen percent of the registered voters of the City according to the County Election Department's last official report of registration to the Secretary of State to submit a measure to the voters; and, WHEREAS, the City Council is authorized and directed by statute to submit the measure to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the Election Code of the State of California, there is called and ordered to be held in the City of Downey, California, on Tuesday, June 3, 2014, a Municipal Election for the purpose of submitting to the following measure: CHARTER AMENDMENT NO. 14 YES A Proposed Charter Amendment to Permit the City to Contract Out Fire and Police Protection Services Without Voter Approval. NO SECTION 2. That the text of the measure submitted to the voters is attached as Exhibit A. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk or her designee is authorized, instructed and directed to procure and furnish any an 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 5. That the polls 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 Election Code Section 10242, except as ._ provided in Section 14401 of the Elections Code of the State of California. RESOLUTION NO. 13 -7422 PAGE 2 SECTION 6. That in all particulars not recited in this resolution, the election shall be .r held and conducted as provided by law for holding municipal elections. SECTION 7. 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 or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 11 day of June, 2013. MARIO A. GUE A, Mayor ATTEST: ,o(tt A RIA M. JIMENE , CMC City Clerk 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 11 day of June 2013, by the following vote, to wit: AYES: Council Members: Marquez, Saab, Vasquez, Guerra NOES: Council Members: None ABSTAIN: Council Members: Brossmer ABSENT: Council Members: None IA M. JIMENEZ, CMC 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.