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Home My WebLink AboutCC RESO 2018-33[Ballot Measure Altemative 2 - Special Election] RESOLUTION NO. 2018— 33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 5, 2018, RELATING TO APPROVAL OF AN ORDINANCE PRESERVING THE EXISTING VOTER -APPROVED TERM LIMIT OF THREE CONSECUTIVE FOUR-YEAR TERMS UPON THE OFFICE OF THE MAYOR, IMPOSING A LIMIT OF THREE CONSECUTIVE FOUR-YEAR TERMS UPON THE OFFICES OF CITY COUNCILMEMBER, CITY CLERK, AND CITY TREASURER, AND LIMITING THE OFFICES OF THE MAYOR, CITY COUNCILMEMBER, CITY CLERK, AND CITY TREASURER TO A LIFETIME TOTAL OF SIX FOUR-YEAR TERMS IN ALL OF THOSE OFFICES COMBINED WHEREAS, the City Council of the City of National City desires to submit to the qualified voters of the City at the special municipal election to be held on June 5, 2018, a measure to approve an ordinance preserving the existing voter -approved term limit of three consecutive four-year terms upon the office of the Mayor, imposing a limit of three consecutive four-year terms upon the offices of City Councilmember, City Clerk, and City Treasurer, and limiting the offices of the Mayor, City Councilmember, City Clerk and City Treasurer to a lifetime total of six four-year terms in all of those offices combined; and WHEREAS, the City Council is thereupon authorized and directed by statute to submit the proposed measure to approve the ordinance to the qualified voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, the following question shall be submitted to the qualified voters of the City at the Special Municipal Election to be held on June 5, 2018: Shall an ordinance be adopted preserving the existing voter -approved term limit of three consecutive four- year terms upon the office of the Yes Mayor, imposing a limit of three consecutive four-year terms upon the offices of City Councilmember, City No Clerk, and City Treasurer, and limiting the offices of the Mayor, City Councilmember, City Clerk, and City Treasurer to a lifetime total of six four- year terms in all of those offices combined? Section 2. That the above proposed ordinance to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. [Ballot Measure Alternative 2 - Special Election] ATTEST: Resolution No. 2018 — 33 March 6, 2018 Page Two Section 3. That the ballots to be used at the election shall be in the 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 paraphernalia that may be necessary in order to properly and lawfully conduct and election. Section 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the elections 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 14401 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 said election is given and the City Clerk is authorized, instructed, and directed to give such further or additional notice of the election in time, form, and manner as required by law. PASSED and ADOPTED this 6th day of March, 20 8. 47 R Morrison, Mayor Michael R. Dalla, ity Clerk APPROVED AS TO FORM: (BALLOT MEASURE ALTERNATIVE 2) ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF NATIONAL CITY ADDING SECTION 2.73.010 OF CHAPTER 2.73 OF THE NATIONAL CITY MUNICIPAL CODE TO ENACT LIMITS ON CONSECUTIVE TERMS FOR OTHER ELECTED OFFICIALS OF THE CITY AND ADDING SECTION 2.73.020 OF CHAPTER 2.73 OF THE NATIONAL CITY MUNICIPAL CODE TO ENACT LIFETIME TERM LIMITS FOR ELECTED OFFICIALS IN THE CITY THE PEOPLE OF THE CITY OF NATIONAL CITY HEREBY ORDAIN AS FOLLOWS: WHEREAS, the elected officials of the city of National City currently include the Mayor, members of the City Council, City Clerk, and City Treasurer; and WHEREAS, on November 2, 2004, the voters of the city of National City voted to adopt Proposition T, limiting persons serving as Mayor to three (3) consecutive terms, and requiring . any person holding the office of Mayor for three (3) consecutive terms to wait for one (1) full election cycle before she or he may again be a candidate for, and assume the Office of Mayor; and WHEREAS, National City currently does not impose limits on consecutive terms of office on members of the City Council, or persons serving as City Clerk or City Treasurer; and WHEREAS, the positive aspects of term limits include: • Encouraging new people to get involved in local government; • Broadening the base of potential candidates; • Increasing responsiveness to the public; • Encouraging fresh ideas; • Providing voters with more choices; • Increasing voter turnout; • Ensuring a better balance of power among different .interest groups; • Encouraging more diversity among members of the City Council; and • Encouraging broader representation of different neighborhoods. WHEREAS, it is in the best interest of the City that term limits be established for all City elected officials, and it is the purpose and intent of this Initiative Ordinance to achieve the positive impacts of term limits mentioned above for all City elected offices; and WHEREAS, to facilitate the positive impacts of term limits mentioned above, all City elected officials, including the Mayor, members of the City Council, City Clerk, and Treasurer should be required to abide by limits on consecutive terms of office; and WHEREAS, there currently is no limit on how many years an individual can be elected to City offices during their lifetime; and EXHIBIT A Page 1 of 3 WHEREAS, the current Mayor of National City has held City elected office for more than a quarter century; and WHEREAS, it is in the best interest of the City to adopt a lifetime limit on holding City elected offices; and WHEREAS, it requires a majority vote of voters of the City to expand term limits to all City elected officials and to adopt a lifetime limit on the holding of City elected offices; and WHEREAS, if approved, the term limits contained in this initiative ordinance would apply prospectively to full terms commencing after the approval of this initiative ordinance. NOW, THEREFORE, THE PEOPLE OF THE CITY OF NATIONAL CITY, CALIFORNIA, DO ORDAIN AS FOLLOWS: Section 1. Name. This ordinance initiative shall be known and may be cited as the "Expand and Strengthen Term Limits Initiative," and shall be referred to herein as the "initiative ordinance." Section 2. Municipal Code Text. Sections 2.73.010 and 2.73.020 of Chapter 2.73 of the National City Municipal Code shall be added as follows: CHAPTER 2.73 — Term Limits for Elected City Offices 2.73.010 - Limits on Consecutive Terms of Office For Other Elected Officials in the City. (a) No person shall be eligible for nomination and election to serve in the offices of members of the City Council, City Clerk, and City Treasurer, for more than three (3) consecutive terms in the same elected office, and no person who has held the office of members of the City Council, City Clerk, or City Treasurer for three consecutive terms may again seek nomination and election to that same elected office until one election cycle following the termination of the third term in that same elected office has elapsed. This limitation on terms shall not apply to any unexpired term to which a person is elected or appointed to fill a vacancy in the offices of members of the City Council, City Clerk, or City Treasurer, if the remainder of the term is less than once -half of the full term of office. (b) This section shall apply prospectively to full terms of office commencing after the June 5, 2018 Statewide Primary Election. 2.73.020 — Lifetime Limits Terms of Office For All Elected Officials in the City. (a) No person shall be eligible for nomination and election to serve in any elective City office, which shall include the offices of Mayor, members of the City Council, City Clerk, and City Treasurer, for more than six (6) terms in all elected offices combined. This limitation on terms shall not apply to any unexpired term to which a person is elected or appointed to fill a EXHIBIT A Page 2 of 3 (BALLOT MEASURE ALTERNATIVE 2) vacancy in any elective City office, if the remainder of the term is less than once -half of the full term of office. (b) This section shall apply prospectively to full terms of office commencing after the June 5, 2018 Statewide Primary Election. Section 3. Reauest For Special Election, The People of the city of National City hereby request that this ordinance be submitted immediately to a vote of the people at a special election. SectSect=. Adontion Date and e Effectivn —__�� V i-/GLIV J. If a majority of the voters adopt this initiative ordinance, it shall be a valid enactment of the Cit binding on all elected City officials and applying to elections for all City elected offices y, following the enactment of this initiative ordinance. Section 5. Competing Me a If this initiative ordinance and another measure on the same subject matter appear on the same ballot, and a majority of the voters approve both measures, the measure that receives the most votes shall prevail over the other measure in its entirety, as this measure is deemed to irreconcilably conflict with any other measure addressing the same subject matter. SectSection 6. Future Amendments. This initiative ordinance may be amended or rescinded only by a vote of the People at a municipal election. regular Section Seventy, If any subsection, paragraph, sentence, clause or phrase of this initiative ordinance or any art thereof is for any reason held to be unconstitutional or otherwise unenforceable, such decision shall not affect the validity of the remaining portion of this initiative ordinance or any part thereof. The People of the city of National City hereby declare that they would have passed each subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsections, paragraphs, sentences, clauses, or phrases be declared unconstitutional or otherwise unenforceable. EXHIBITA Page3of3 (BALLOT MEASURE ALTERNATIVE 2) Passed and adopted by the Council of the City of National City, California, on March 6, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Sotelo-Solis. Nays: Rios. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /it/41j/ City rk of the City ofr National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-33 of the City of National City, California, passed and adopted by the Council of said City on March 6, 2018. City Clerk of the City of National City, California By: Deputy