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HomeMy WebLinkAboutCouncil Agenda Statement 12-5-1995 Special Election Office of City Clerk AppointiveCity of National City, California COUNCIL AGENDA STATEMENT December , 1995 MEETING DATA JTEM_TITLE 111111111 AGENDA ITEM NO. 4 _ (a) (e) Special Election to Determine Whether the Office of City Clerk Should be ADDoi ntive £REPAEP_BY ,�/l PEP4RTM _ T [XPLANATION . George H. Eiser III Tom G. McCabe City Attorney City Manager The City Council designated a committee composed of Mayor Waters, Vice Mayor Zarate, the City Manager, the City Attorney, and the City Clerk to consider the status of the position of the City Clerk and if it should be filled by appointment or election. After reviewing various pertinent materials, the consensus of the committee was to bring forward a recommendation that the City Council place a measure on the March 26, 1996 Ballot relating to whether the office of the City Clerk should be appointive. To assist Council in its deliberations, staff indicated it would submit the following reference materials: survey of City Clerk's Office -San Diego County 1995; City Clerk Questionnaire Results --League of Catifornia Cities 1990; and a Proposed Class Specification and salary Band for an appointed City Clerk position. (Continued on next page) Invironmentcd Review __X N/A Financial Statement Cost of March 1996 Ballot Measure estimate $4OOO45,0OO Account No. TAFF. RECQ.M. MENDATION City Council direction requested. !9P1Q.MMIS.SIQN_RECOMMENDATION That the City Council place a measure on the March 26, 1996 bailot relating to whether the Office of the City Clerk should be appointive. 95-174 ALTIACHMENTS (Listed Below) Resolution No......^y5 1- -HD ) 1 i Survey of CityClerk's Offices —San Diego County 1 -17 (c) . City Clerk Questionnaire Results —League of CaliforniaCities 1990 ' -1 '7 (d) Proposed Class Specification and Salary Band for appointed City Clerk position 95-178 . \,..„_____Al_Meimo from Cit Attorne -Dates for Ballot Measure A-200 (Rev. 9/8°) Attached are five Resolutions to be considered by the city Council if it wishes to proceed to have this measure submitted to the voters. A. A Resolution calling and giving notice of a special election on March 26, 1996 to consider the measure. This Resolution must be adopted in order to proceed with the election. B. A Resolution requesting the Board of Supervisors to consolidate the City's special election on March 26, 1996 with the statewide primary election to be held on the same date. This Resolution must be adopted in order to proceed with the election. C. A Resolution authorizing an argument to be prepared by the City Council. Adoption of this Resolution is discretionary with the City council. Section 5013 of the California Elections code authorizes the city Council, a Council member, or any individual, to file a written argument not to exceed 300 words for or against the measure. The argument is included in the ballot material. D. A Resolution directing the City Attorney to prepare an impartial analysis. Adoption of this Resolution is discretionary with the City council. Section 5011 of the Elections Code authorizes the City Council to direct the City Attorney to prepare an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. E. A Resolution providing for filing of rebuttal arguments in favor of the measure. Adoption of this Resolution is discretionary with the City Council. Section 5014.4 of the Elections Code provides that if any person submits an argument against a City measure, the persons filing an argument in favor of the measure may file a rebuttal argument, not to exceed 250 words. City of National City Personnel Department SURVEY OF CITY CLERK'S OFFICES SAN DIEGO COUNTY 1995 1. CARLSBAD 6. a CENTRO Im erial Coun 1 7. ENCINITAS & ESCONDIDO I IMPERIAL BE4CH 0. L4MES.4 11. LEMON GROVE 12. NAnCITY Page -2- Survey of City Clerk's Offices San Diego County 1995 COMPILATION OF FINDINGS (Excluding National City) 1. 13 Appointed; 5 Elected 2. 17 Full -Time; 1 Part -Time 3. 7 Report to City Manager; 6 Report to Council; 5 Elected/lndependent (La Mesa -interim Appointment) 4. 4 Chartered City; 1.4 General Law 5. Average Number of Full -Time Employees in Clerk's Office (without City of San Diego of 17) is approximately 3 Average Number of Part -Time Employees in Clerk's Office (without City of San Diego) is approximately 1 6. Average Number of Council Meetings: 3 (without City of San Diego which schedules 8) City of National City Personnel Department SURVEY OF CITY CLERK'S OFFICES SAN DIEGO COUNTY 1995 NOTES 1. cARLSBAD Elected Part -Time Clerk; Coincidently same person is appointed by City Manager as Information Systems Director ($6330/mo) 2. CHULA VISTA � Prepares Agenda; City -Wide Records Mgmt System 3. CORONADO -- Acting City Clerk; Handles Business Licensing 4. DEL MAR* � Information Systems Director is City Clerk ($3545-4309/rno) 5. Et CAJON � Prepares Agenda; Records Mgmt 6. EL CENTRO -- Records Mgmt 7. ENCINITAS -. Prepares Agenda; Records Mgrnt 8. ESCONDIDO -� Records Mgmt 9. IMPERIAL BEACH � Records Mgmt; Prepares Agenda; Supervises Clerical Poo! 10. LA MESA ow Director of Records & Elections (Interim Incumbent) 11. LEMON GROVE* � Finance Direckor is pity Clerk ($4604-5596/mo) 12. NATIONAL CITY � Previously paid $3378/mo Full -Time 13. OCEANSIDE � Records Mgmt 14. POWAY ow Contract Employee 15. SAN DIEGO � Huge Organization 16. SAN MARCOS -- Business Licensing 17. SANTEE . � Reorganization to place function under Personnel Director (scheduled for 12/95 when present Clerk retires) 18. SOLANA BEACH � Business Licenses 19. VISTA .. Records Mgmt ar CITY CLERK QUESTIONNAIRE RESULTS In October 1989, the League of California Cities mailed a questionnaire initiated by the Southern California Clerks Professional Development Committee to all city clerks in California. The purpose of the survey was twofold: 1 to etablish base data concerning city clerks, and to assess support for the clerk's office as perceived by the clerks themselves, councilmembers and city xnanacer•s . NUMBER of RESPONSES Municipal officials from 155 cities, approximately one-third of California's incorporated cities, responded to the survey. The responses were grouped bar population size. The table below contains the number of cities responding in each category: Population No. of Cities w <10,000 1O 2 ,0 25-50,000 32 5 -1 0,0 8 100-200,000 13 >200, 000 4 In total, 443 city officials responded to the questionnaire. 1 e returned ues i n Tres , 149 were from c;ty clerks, 99 frc.ii city managers, and 195 from concilmebes With more than one-third of cities and approximately 40 percent of the cfficials of those cities responding s.,:rvey, sufficient data has been accumulated to draw a fairly accurate picture of the clerks' current status/ and to provide sense of how the clerk's office is perceived by the various groups queried. FULL-TIHE OR --`II Ninety i y clerks(86 per cent of respondents reported they, held full -tie positions. Fifteen clerks indicated they held part -tine positions. The average population of cities with lull -time clerks was 8, 1 0 i with part -Mine clerks, 13,803. PPPOINTED oR ELECTED The ,srvy revealed t-: mors clerks are appointed rather than elected by a two to one ratio(67 per cent of the clerks responding were appointed and 33 per cent elected). This survey did not attempt to capture trend data concerning 'appointment versus election. However, a 1963 analysis by John Oliver, City Clerk, Redondo Beach, reported 59 per cent of the California city clerks were appointed and 41 per cent elected. The current study reinforces the observed trend toward appointment as opposed to election. Thirteen of the surveyed cities incorporated during 1 9 ' . Ten ofthose 13 cities(77 per cent) reported their clerks are appointed. APPOINTMENT •COUNCIL OR CITY MANAGER Six appointed clerks did not identify whom by they were appointed. Of the 94 who indicated their appointingbody,73 per cent were appointedcat councils city a by one 1 cent by pagers. Of the ten cities incorporating n the 1980's which the clerk, ei 0appoint per cent)reported �rted appointments were made by the city concil and two(20 per cent na , the city SMALL CITIES ELECT - LARGT CITIES APPOINT Smaller cities tended to elect the city clerk- larger toacilt . averagepopulation�� ones, size o c±ties responding to the survey was 45/07E The era population with elected clerks }�� :� ofties , 2 .. �;with appointed clerks, 4 1. That larger cities are more likely to have appointed clerks demonstrate &,11 unwillingness �,� i � � if+y�l{Y�;1+�1 part +J..� larger jurisdiction �y�V• �.r.��i irayI` i+4�i A�i to accept the criteria of the electoral process as sufficient to f111 a professional position. WHO PERFORMS THECITY cLERK FUNCTION One group of sixcities reported the functions o r performed the �;� ��,� � city 4 the city clerk manager; the average population of these •cities was 6197. Five of the ' had combined citymanager/citysixcities clerk er positions. ions . The sixth, had an elected part -tie city clerk,erk, but reported the city�lec functions were der= red by the city manager. Another group of eight cities reported a city manager/deputy clerkstructure; the average � edet ge population ofcities with this arrangement was 4 , 3 . Two of these cities had elected part-time city clerks. The date of incorporation 'for cities with city managersassuming responsibility forpit clerkfunctions ranked r 1876 to 1989, Two cities t of thirteen cities o or tix�� i the l 's otd �o fined city manager/city a toma clerk position and one, a city manager/deputymanager/deputy clerk. EDUCATIONLEVEL OF CITYCLERKS Seventy-seven city .clerks, o . 7 per cent responding, the clerks . reported academic achievement beyond a high school diploma. Detailed information table e�.o � contained in the CITY CLERK QUESTIONNAIRE 04/25/90- Page Level of Achievement Number Percent of Clerks Two -Year Degree 39 26.2 Bachelor's 30 20.1 Master's 8 5.4 Total 77 51.7 Note: Managers with degrees who perform the clerk function are not included in the table. J MUNICIPAL CLERK CERTIFICATION Fifty-seven city clerks, or 38 percent of the total clerks surveyed, indicated they had earned Municipal Clerkcerti- fication. MANAGEMENT AND SALARY LEVELS Me city clerk's position was categorized as Executive Management level by 96 city clerks(76 per cent) , Mid - Management by 27(21 per cent), and Supervisory by per cent) . The survey also requested that the clerk's salary be classified ithi the management level in three broad ranges. Salary ranges were reportQd as follows: Range Number Per Cent Upper 5 4 Middle 25%-75% 7 Lower 5 49 37 Of the 67 cle s 45 per cent who reported their salary as a percentage of the city managers, the average city clerk salary T s 51.07 percent of the city manager's. PERCEPTIONS The questions which attempted pte to assess perceptions of the clerk's f f ice by clerks, city managers, and councilmembers were tallied by each group surveyed. 'With respect to the city manager's support for the clerk's office, the managers, for the most part, saw thelqselves as extremely supportive of the clerk's position. Thp aouncilrnernbers and city clerks viewed then to be somewhat less •supportive. The percentage results are contained in the table below: Level of Support by City Manager for City C l er) ' s Office of responses by group) Clerks City Mgr Council Very Supportive 76 95 81 Moderately Supportive 20 17 Not Supportive 4 0 CITY CLERK QUESTIONNAIRE 04/25/90 - Page 3 In the case of city council , ram for the l rk's office, the city nanagers and ccuncilmembers regarding the very,supportiva category, but tbe city clerks responses'ass inclined. to view c:_ty councils as suloportive, The per- centage responses tip this cluction ara as follows: Level of Support by City CDuncil for City Clerk's Office (% of ygr Clerks City y Mgr i I Very j �Y. , Moderately Supportive The final question of the survey asked what the person responding would recommend if the city clerkfs position became vacant today. `•#.. responses e alignnent of �_ +r�-�7 y`..y _ _ _ _ i{ w yn µ,, p ti✓ �4` , �n l*..r � „fir �� s �L-rt } nt :' ? , i ".. r4 � � 3,.r � . � r� � +� y � rt rt � � �� �+ t on tha part of 36% of the clerks for c Replacement of Vacancy in Clerk's (% of spouses by our Clerks City Mgr Clerk -Same skills Clrk-Upqraded skills Merge with City Mgr I 2 6 Downgrade position Upgrade position. COMMENTS .Th general, the survey accomrilished its goals of providing a base of information regarding city clerks and a quick and dus-,:y assessment of by rc apt ions of the clerk's office as seen city clerks/ managers and In analyzing the data, severa1 deficiencies of the survey different color form for each surveywould have improved the data entry process, and a few cruestions could have been stated more first f itsclearly.However, the amount of ration concerning the e as yielded a tremendous city clerks. professional status of To further enhance profe5sional develoTpment, the survey or an imprOved assessment tool should be repeated at specified 'assist greatly in identifying trends and providing informa- Regular measurements and recurrent tion which could be used the Association .. .� c. s e strategic Professional Development Committee Janice C. Guy CITY CLERK QUESTIONNAIRE 04/25/90. Page City of National City Personnel Department 1243 National Gity Boulevard National City, CA 91950 Phone: (619) 336-4200 TDD: (619) 336-1615 M M MN M DATE TO FROM SUBJECT • • November 20, 1995 Tom G. McCabe, City Manager Roger C. DeFratis, Personnel Director CLASS SPECIFICATION FOR CITY CLERK F (Tx - ,y CD T ;NO NO Attached is a suggested class specification for City Clerk. The duties and requirements are typical of the City Clerk's normal functions as surveyed locally. I would recommend a salary band of $3050 - $3,750fmo. for an appointed City Clerk. That salary band is 10% below and 10% above the previous monthly salary of the full-time elected City Clerk ($3,378/mo.) of National City. It is also similar to the salary of the City Clerk in Coronado. This salary would be a good starting point and could be revised later depending whether duties and responsibilities were added or deleted after a person is hired and performs in the position for some length of time. RCD:lm Attachments (2) T h of I 1 AN FFIRM TIVE ACTION/CIVIL SERVICE EMPLOYER City of National City CLASS SPECIFICATION CITY CLERK DEFINITTON Under general direction of the City Council, prepares and maintains minutes of the City Council and various board meetings; serves as the custodian of records and official City documents; prepares for and conducts elections; and performs related duties as assigned. EXAMPLES OF TYPICAL DUTIES ,Serves as custodian of records for the City; certifies copies of City documents; maintains a records management system and records retention schedule for records of the City; may prepareagenda and coordinate its requirements; prepares Council minutes; composes correspondence and related responsibilities for the National City Redevelopment Agency and various commissions and boards; records and maintains legislative actions ofCity Council Meetings on computer indexing system; administers and maintains the National City Municipal Code; attest, publish and index ordinances and resolutions of the City Council; maintains custody of the City Seal; administers oaths of office to the City Council and City employees; as the City's election official, administers general municipal elections and special elections; receives petitions relating to initiative, referendum or recall and administers the process on behalf of the City; accepts subpoenas and all claims filed with the City, maintaining a log; files notices of completion for City projects and process documents for recording or filing with the County Recorder's Office (deed, contracts, etc.); performs duties relating to the recordation improvements district proceedings, street vacations, annexations, unsafe/substandard property/nuisance proceedings, hazardous materials incidents, abandoned vehicles, weed and sewer abatement; sets public hearing before the City Council and provides notice as required by law (publish in newspaper and written notification); serves as filing officer for .campaign disclosure statements and statements of economic interests by interpreting and administering the regulations• of the .Fair Political Practices Commission; maintains appointive list of all City Commissions/Boards and advises Council when terms are to expire; maintains a list of individuals interested in serving on commissions/boards; coordinates filing of applications for commissions; researches matters and/or provides a place for research for the general public and City departments; administers, directs and supervises the City Clerk's Office and assigned employees; prepares the budget for the department; maintains contracts, bonds, insurance certificates, etc. for projects within the City; registers voters; and performs other varied complex and technical administrative duties and such other duties as prescribed by the City Council. DESIRABLE QUALIFICATIONS Mr r_ Es:: Any combination equivalent to training and experience that would likelyprovide the required knowledge e and abilities may bequalifying..A ical wa to obtain the g y � required knowledge and abilities would be: graduation from college with a Bachelor's Degree in public or business administration, political science or related field and three years of experience performing office management duties or clerical support for an elected body or commission. Certification as a Municipal Clerk (CMC) is highly desirable, Page - - City Clerk (ClassSpeafication) Knowledge„ : State laws applicable to municipal government; policies and procedures associated with public meetings; City codes and ordinances; records management; principles and practices of supervision; ision; office management techniques and practices. Ability. to: Interpret and apply laws, codes, regulations, policies and procedures related to the City Clerk's OffiOffice., .attend to detail; prepare written correspondence; establish priorities and meet deadlines; establish and maintain working relationships with City Council, the community, and staff, operate word processing and computer equipment, TO: FROM: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91 950 George H. Esser, 111 •City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 Mayor and City Council Ciry Attorney DATE: July 11, 1995 SUBJECT: Office of City Clerk; Available Dates for Ballot Measure As you recall, the City Council adopted Resolution N. 95-29 on February 28, 1995, clefinine the duties of the elected city clerk. By Resolution No. 95-30, adopted on the same date. the Council fixed the compensation of the city clerk at 5635.25 per month, plus statutorily -required benefits to pan -time employees. Recently. several members of the City Council have inquired as to what dates are available for placement of a ballot measure concerning whether the City Clerk's Office should be appointive or elective. It is assumed that National City would combine its election with an election being held by the County. Pursuant to Section 10403 of the Elections Code, the City Council resolution requesting placement of a measure on the ballot must be submitted to the Registrar of Voters at least 88 days prior to the date of the election. In the case of the March 26, 1996 primary elution, the deadline is December 29, 1995. For the November 5, 1996 general zlecuon, the deadline is August 9, 1996. However, the City Clerk has informed me that the Registrar has established "sueaested" deadlines 109 days prior to each election date, i.e., approximately 21 days earlier than the above dates. The "key" dates for next year's elections are set forth in the attached memorandum, which was furnished to me by the City Clerk. GHE;sbc cc: City Manager City Clerk GEORGE H. EISER, III City Attorney ecvcied Paper 4 •, - - ! • • I. i i M 4 s ■ i cower B. HoCORMACK 1 or KIVU Mrs D. HAAS wow Riarrim January 5, 1995 To: Cuuntg af pe tege REGISTRAR OF VOTERS 5301 RLFFlN ROAD, SUIFE 1, SAk DIECO, CAUFORNtA 92123•1699 City Clerks From; Cathy Glaser Campaign Services Re: Candidate Filing/Resolution Deadline for 1996 Elections OFFICE: i i ; 565.5800 16,9) 9 l 4000 ro• ism 694.3441 PAX. (6 3 ilb4-2355 Loca ioCods: SSO Mai P: 034 a 410104 N Hi and Happy New Yearl don't want to be the bearer of bad news/ but I thought you might want some advance ice of some deadlines for 1995. l know, we've hardly started 1995, but in election cycles the isn't very far away. These are the most important dates to be aware of now 32trant Candidate Filing a -day extension Last day for ROV to receive resolution * Arguments Dui * Rebuttals Due 2a'Ma rb 26 alagrAlzigaRM.1.1 Dec. 4 to Dec. 29 July I5 to Aug. 4 January 3 August 14 December 29 `&nu&ry 8 January 18 August 9 August 19 August 29 * These dates can be a little flexible, depending data o council the is the resolution. tior. For those of you rho consolidate with the that everything haprimary, you've noticed p over thehriet es holidays, so be sure your council i acts early you skip meetings in December* RESOLUTION NO. 9 -17 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY of NATIONAL CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO WHETHER THE OFFICE OF CITY CLERK SHALL BE APPOINTIVE WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a Special Municipal Election shall be held on March 26, 1996; and WHEREAS, the City Council desires to submit to the voters at the election a question relating to whether the office of City Clerk shall be appointive, NOW, THEREFORE, the City Council of the City of National City does resolve, declare, determine and order .as follows Section 1. That the City Council, pursuant to its right and authority, do.es order submitted to the voters at the Special Municipal Election the following question: SHALL THE OFFICE OF CITY CLERK BE APPOINTIVE? Section 2, That the proposed measure submitted to the voters is as stated in Section I above. Section 3s 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 is authorized, instructed and directed to procure and furnish any and all • official ballots, notices, printed matter and all supplies, equipment and parapherna- lia that may be necessary in order to properly and lawfully conduct the election. Continued on Page Two Resolution No.95-174 Page 2 of Section 5. That 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, except as provided in Section 14301 of the Elections Code of the State of California. Section 6, That in all particulars not recited in this resolution, the election shall be 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 and enter it into the book of original Resolutions. PASSED and ADOPTED this 5th day of December, 1995, George He Waters, Mayor ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FORM: gosiL George He Eiser, III City Attorney RESOLUTION NO. 95-175 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 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE MELD ON THAT DATE PURSUANT UANT TO SECTION 2330 OP THE ELECTIONS CODE WHEREAS, the City Council of the City of National City called a Special Municipal Election to be held on March 26, 1996, for the purpose of the submission to the voters of a measure relating to whether the office of the City Clerk should be appoint- ive; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department 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 e lection. NOW, THEREFORE, the City Council of the City of National City does resolve, declare, determine and order as follows: Section I. That pursuant to the requirements of Section 23302 of the Elections Code, the Board o.f Supervisors of the County o f San Diego is hereby requested to consent .and agree to the consolidation of a Special Municipal Election with. the Statewide Primary election on Tuesday, March 260 1996, for the purpose of the submission to th.e voters of a measure relating to whether the o ffice of the City Clerk should be appointive. Section 2. That the measure is to appear on the ballot as follows SHALL THE OFFICE OF CITY CLERK BE APPOINTIVE? YES NO Section 3. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shallbe held in all respects as if there were only one election, and only one form of ballot shall be used. Continued on Page Two Resolution No. 95-175 Rage 2 of Section 4, That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. 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 costs. Section 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervi- sors and the county election department of the County of San Diego. Section 76 That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED and ADOPTED this 5th day of December/ 1995. George H 4 Waters, Mayor ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FORM: 1.44 George H. Eiser, III City Attorney RESOLUTION NO. 95-176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DETERMINING TO FILE A WRITTEN ARGUMENT PERTAINING TO A MEASURE RELATING TO WHETHER TILE OFFICE OF CITY CLERK SHALL BE APPOINTIVE WHEREAS, a Special Municipal Election is to be held in the City of National City, California, on March 26, 1996, at which there will be submitted to the voters the following measure: SHALL THE OFFICE OF THE CITY CLERK BE APPOINTIVE? NOW, THEREFORE, the City Council of the City of National City does resolve, declare, determine and order as follows: SECTION I. That the City Council authorizes (Council Member in Favor /Against) (Council Member in Favor / Against) (Council Member in Favor / Against) (Council Member in Favor / Against) (Council Member in Favor / Against) members of that body, to file a written argument regarding the City measure as specified above in accordance with Article 4, Chapter 3, Division 5 of the Elections Code of the State of California and to change the argument 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. SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED and ADOPTED this 5th day of December, 1995. ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FORM: AL George H. Eiser, 111 City Attorney George H. Waters, Mayor RESOLUTION NO. 95177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, PERTAINING TO A MEASURE RELATING TO WHETHER THE OFFICE OF THE CITY CLERK SHALL BE APPOINTIVE WHEREAS, a Special Municipal Election is to be held in the City of National City, California, on March 26, 1996, at which there will be submitted to the eaters the following measure: SHALL THE OFFICE OF THE CITY CLERK BE APPOINTIVE? NOW, THEREFORE, the City Council of the City of National City does resolve, declare, determine and order as follows: SECTION 1. 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 showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED and ADOPTED this 5th day of December, 1995. ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FORM: 1 George H. Eiser. III City Attorney George H. Waters, Mayor RESOLUTION NO. g 5- 1? g RESOLUTION OF THE CITY COiJNCIL OF THE CITY OF NATIONAL CITY PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Section 5014.5 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections. NOW, THEREFORE, the City Council of the City of National City does resolve, declare, determine and order as follows: Section 1. That pursuant to Section 5014.5 of the Elections Code of the State of California, when the clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date of filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. Section 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. Section 3. That the provisions of Section 1 shall apply only to the election to be held on March 26, 1996, and shall then be repealed. Section 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED and ADOPTED this 5th day of December, 1995. ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FORM: gek: Ge�rge H. Eiser, III City Attorney George H. Waters, Mayor