City of National City

Measure H Ordinance - Majority Approval Required

SYNOPSIS OF MEASURE

The City of National City is a "general law" city. In California, general law cities must comply with state law in conducting their affairs, including applicable state law pertaining to the manner of selection of persons to serve as City officials.

The City Clerk and City Treasurer are separate offices within the government of the City of National City. A person is elected to each office by the voters to serve a four-year term. The National City Municipal Code provides that no person shall be eligible for nomination and election to serve in any elective office, which shall include the offices of Mayor, member of the City Council, City Clerk, or City Treasurer, for more than six terms in all offices combined.

The duties of the City Clerk and City Treasurer are set forth in the California Government Code. The Government Code provides that, among those duties, the City Clerk shall keep an accurate record of the proceedings of the City Council; maintain a record of all City ordinances; serve as the City's custodian of records; serve as the custodian of the City seal; and administer oaths and affirmations. Among other duties, the Government Code provides that the City Treasurer shall receive and safely keep all money the Treasurer receives; comply with all laws governing the deposit and securing of public funds; pay out money on warrants signed by legally designated persons; and perform such duties relative to the collection of City taxes and license fees as are prescribed by ordinance.

If approved by a majority vote of the voters voting upon the Measure, this Measure would make the offices of the City Clerk and City Treasurer appointive, rather than elective. The California Government Code provides that when the offices of City Clerk or City Treasurer are appointive, the appointments may be made by either the City Council or by the City Manager. The City Council has adopted a Resolution providing that, if this Measure is approved by the voters, the City Attorney is directed to submit an ordinance to the City Council vesting authority in the City Manager to appoint the City Clerk and City Treasurer. If this Measure is approved, the City Clerk and City Treasurer will serve at the pleasure of the City Manager, and the term limits described above will no longer apply.

The proposed Measure was placed on the ballot by action of the City Council.

The polls will be open between the hours of 7:00 a.m. and 8:00 p.m.

Currently, the City Clerk and City Treasurer are separate offices within the government of the City of National City. A person is elected to each office by the voters to serve a four-year term. The National City Municipal Code provides that no person shall serve as a member of the City Council, or as City Clerk or City Treasurer for more than three consecutive four-year terms in the same office, and that no one who has held the office of member of the City Council, City Clerk, or City Treasurer for more three consecutive terms may again seek nomination to the same office until one election cycle following the third term has elapsed. The Municipal Code further provides that no person shall be eligible for nomination and election to serve in any elective office, which shall include the offices of Mayor, member of the City Council, City Clerk, or City Treasurer, for more than six terms in all offices combined. These limitations on terms shall not apply to any unexpired term to which a person is elected or appointed to fill a vacancy in any elective office, if the remainder of the term is less than one-half of the full term of office.

The duties of the City Clerk and City Treasurer are set forth in the California Government Code. The Government Code provides that, among those duties, the City Clerk shall keep an accurate record of the proceedings of the City Council; maintain a record of all city ordinances; serve as the City's custodian of records; serve as the custodian of the City seal; and administer oaths and affirmations. Among other duties, the Government Code provides that the City Treasurer shall receive and safely keep all money the Treasurer receives; comply with all laws governing the deposit and securing of public funds; pay out money on warrants signed by legally designated persons; and perform such duties relative to the collection of City taxes and license fees as are prescribed by ordinance.

If approved by a majority vote of the voters voting upon the measure, this measure would make the offices of the City Clerk and City Treasurer appointive, rather than elective. The California Government Code provides that when the offices of City Clerk or City Treasurer are appointive, the appointments may be made by either the City Council or by the City Manager. The City Council has adopted a resolution providing that, if this measure is approved by the voters, the City Attorney is directed to submit an ordinance to the City Council vesting authority in the City Manager to appoint the City Clerk and City Treasurer. If this measure is approved, the City Clerk and City Treasurer will serve at the pleasure of the City Manager, and the term limits described above will no longer apply to these offices.

The proposed measure was placed on the ballot by action of the City Council.

The full text of the Measure H is the ballot question:
Shall the Offices of City Clerk and City Treasurer be appointive?

The full text as presented by the Office of the San Diego County Registrar of Voters: 
https://www.sdvote.com/en/election/march-2020-primary/Measures/Measure_H.pdf

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The full text of City Council Resolution 2019-167 , which placed Measure H on the ballot, is available at this link:
https://drive.google.com/drive/u/0/folders/1l9cNq4tnFRHLMzaF6KoixYntsobu59g5

A Voter's Edge volunteer's transcription of that document is presented below.

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RESOLUTION NO. 2019 - 167

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 3, 2020 WITH THE STATEWIDE PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE

WHEREAS, the City Council of the City of National City called a Special Municipal Election to be held on March 3, 2020 for the purpose of submission of a ballot measure to the voters; and

WHEREAS, it is desireable that the Special Municipal Election be consolidated with the statewide Presidential Primary Election to be held on the same date and that within the City the precincts, polling places and election officers for the two elections be the same, and that the Registrar of Voters of the County of San Diego 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 NATIONAL CITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1.  That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the statewide Presidential Primary Election on Tuesday, March 3, 2020 for the purpose of submission of the following ballot measure to the voters:

Section 2.  That the election hereby called for March 3, 2020 shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returned canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of Section 10403 of the Elections Code and as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date, and that said election be held in all respects as if there were only one election.

Section 3.  That the Registrar of Voters 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.

Section 4.  That pursuant to Section 10002 of the Elections Code, 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, including preparation and furnishing of the following:

a) A listing of County precincts with the number of registered voters in each so the City may consolidate election precincts into City voting precincts, and maps of the voting precincts;
b) A list of polling places and poll workers the County uses for its elections;
c) Voter signature verification services as needed;
d) Make available to the City election equipment and assistance as needed according to state law.

Section 5.  That the City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such 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 San Diego and enter it into the book of original resolutions of the City. 

Section 7.  That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions of the City.

PASSED and ADOPTED this 10th day of November, 2019,

/s/
Alejandra Sotelo-Solis, Mayor

ATTEST:

/s/
Cheryl Newell [?]
For Michael Dalla, City Clerk

APPROVED AS TO FORM:

/s/
Angil P. Morris-Jones, City Attorney

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Passed and adopted by the Council of the City of National City, California, on November 19, 2019 by the following vote, to-wit:

Ayes:  Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.

Nays:  None.

Absent:  None.

Abstain:  None.