HomeMy WebLinkAboutCC ORD 2022-2507 Municipal Code Amendment - City Clerk Appointive.ORDINANCE AI E NO. 2022 - 2507
AN ORDINANCE F THE CITY COUNCIL OF THE CITY OF NATIONAL AL CITY, CALIFORNIA,
AMENDING VARIOUS IOUS SECTIONS OF AND ADDING A SECTION TO THE NATIONAL CITY
MUNICIPAL CODE REGARDING DII THE POSITION OF CITY CLERK TO TAKE EFFECT ONLY
IF THE VOTERS AT THE MUNICIPAL ELECTION ON NOVEMBER , 2022 APPROVE
MAKING THE OFFICE OF CITY CLERK APPOINTIVE
WHEREAS, the City Council has placed a measure on the November er ber , 2022,
Statewide Gubernatorial Municipal Election ballot asking the voters to make the Office of City
Clerk Appointive; and
WHEREAS, if a majority of the voters approve making the Office of City Clerk
Appointive, certain sections of the National City Municipal Code will no longer apply or will
require amendment; and
WHEREAS, as permitted by California Government Code Sections 34856 and 36510,
the City Council wishes to vest the City Manager with the authority to appoint the City Clerk if
the voters approve making the Office of City Clerk Appointive; and
WHEREAS, the City Council wishes to have the necessary amendments to the
Municipal Code adopted and ready to become immediately effective should the voters approve
making the Office of City Clerk Appointive so there is no delay in implementing the will of the
voters.
NOW, THEREFORE, F E, THE CITY COUNCIL OF THE CITY OF NATIONAL I AL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE E AND ORDER AS FOLLOWS:
Section 1: The above recitations are true and correct.
Section 2: National City Municipal Code Section 2.73 Term Limits for Elected City
Offices. Delete references to elected official City Clerk.
Section 3: Add Section 2.03 City Clerk
.0 — CITY CLERK
2.03.010 Purpose and Authority
The City Clerk is established as one of the statutory officers specified by State Law for General
Law Cities. The City Clerk shall be appointed by the City Manager solely on the basis of
executive and administrative qualifications, and shall hold office during the pleasure of the City
Manager.
A. In accordance with California Government Code Sections 34856 and 36510, authority is
given to the City Manager to appoint and supervise the City Clerk.
B. The City Clerk shall have all of the responsibilities, duties and functions as specified by
State Law and this Code, in addition to any other duties or functions as the City Manager
may, from time to time, prescribe.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase of this Ordinance or any part thereof is for
any reason held to be unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity
or effectiveness of the remaining portions of this Ordinance or any part
hereof. The City Council of the City of National City hereby declares that
it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, subdivision, paragraph, sentences, clauses,
or phrases be declared unconstitutional or invalid or ineffective.
Section 5. Conflict. All Ordinances and parts of Ordinance in conflict herewith are
repealed insofar as such conflict may exist.
Section 6. Effective Date. If the ballot measure to make the Office of City Clerk
Appointive is approved by the voters in the Municipal Election on
November 8, 2022, this Ordinance shall become effective immediately
upon the effective date of the ballot measure, as provided in California
Elections Code Section 9217. if the ballot measure is not approved by the
voters, this Ordinance shall be automatically repealed and of no further
force and effect. The City Clerk's Office shall certify the adoption of this
Ordinance and cause the full text of the Ordinance or a summary of the
Ordinance prepared by the City Attorney to be published at least once in
a newspaper of general circulation in the City of National City within
fifteen days after its adoption.
INTRODUCED by the City Council on June 7, 2022.
PASSED and ADOPTED this '13th day of Decem er, 2022.
ATTEST:
r
0-7
Sh6lley Cha. el Interim City Clerk
Fvc
APPROVED AS TO FORM:
City Attorney
Ron Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
December 13, 2022 by the following vote, to -wit:
Ayes: Sotelo-Solis, Bush, Morrison, Rios, Rodriguez
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
Ron Morrison
Vayor of the City of National City, California
Shelley Chapel
Interim City Clerk of the
City of National City, California
iot ,
Interiri/Cjty Clerk
I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and. the day of its final
p
passage, to wit, on June 7, 2022 and on December 13 2022.
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said ordinance i► full was dispensed with by a vote of not less than
a majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
OR\DINANCE NO. 2022-2507 of the City Council of the City of National City, passed
and adopted by the Council of said City on December 13. 2022.
By:
Interim
City of N ati
y Clerk of the
nal City, California
Interim/ ity Clerk