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Home My WebLink AboutCC RESO 2018-29[Ballot Measure Alternative 1 - Special Election] 0 ( RESOLUTION NO. 20129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL AL CITY ORDERING THE SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE SPECIAL MUNICIPAL L ELECTION TO BE HELD ON JUNE 5, 2018, RELATING TO APPROVAL OF AN ORDINANCE REPEALING THE EXISTING VOTER -APPROVED LIMIT OF THREE CONSECUTIVE FOUR-YEAR TERMS UPON THE OFFICE OF THE MAYOR, AND IN ITS PLACE, IMPOSING A LIMIT OF TWOCONSECUTIVE FOUR-YEAR TERMS UPON THE OFFICES OF THE MAYOR, CITY COUNCILMEMBERS, CITY CLERK, AND CITY TREASURER 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 repealing the existing voter -approved limit of three consecutive four-year terms upon the office of the Mayor, and in its place, imposing a limit of two consecutive four-year terms upon the offices of the Mayor, City Councilmembers, City Clerk, and City Treasurer; 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, LVE, 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 repealing the existing voter -approved limit of three consecutive four-year terms upon the office of the Mayor, and in its place, imposing a limit of two consecutive four-year terms upon the offices of the Mayor, City Councilmembers, City Clerk, and City Treasurer? Yes No Section 2. That the above proposed. ordinance to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. 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. [Ballot Measure Alternative- Special Election] Resolution No. 2018-29 - March 6, 2018 Page Two 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 1 401 of the Elections Code of the State of California. Section 6. That in all particulars not recited in this resolution, the election shall oe 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 ' day of March n Morrison, Mayor ATTEST: At, Mich'.ael R. Dana,ity Clerk APPROVED AS TO FORM: An• . M•rris-Jon Attorney Passed and adopted by the Council of the City of National City, California, on March 6, 2018 by the following vote, to -wit: Ayes: Oourioiim emCouncilmembers Cno, MendivU, Morrison, SoteIcSolis, Nays: Rios. Absent: None. Abstain: None, AUTHENTICATED BY: By:t RON ORRISON Mayor of the City of National City, California City Ct rk of the City a l n i City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION Na 20 8 29 of the City f 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:i Deputy ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF NATIONAL CITY AMENDING SECTION OF CHAPTER 2.72 OF THE NATIONAL CITY MUNICIPAL TO ENACT TERM LIMITS FOR ALL ELECTED THE PEOPLE OF NATIONAL CITY HEREBY ORDAIN AS FOLLOWS: WHEREAS, the elected officials of National al City currently include the Mayor, of the City Council, City Clerk, and Cit y Treasurer; and, WHEREAS, on November 2, 2004, voters of National oral City voted to adopt PropositionT, limiting persons serving Mayor three consecutive mand any personholding theoffice of Mayor for three�requiring �consecutive terms to wait for o election cycle before or he full again be a candidate for, and assume; and the Office e of mayor, WHEREAS, National City currently does not impose term limits onmembers o Council,� eron servingCityf the City as Clerk and 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 interest among different groups; Encouragingdiversity more of members of the City Council; • Encouraging broader representation of different neighborhoods; and, WHEREAS, it is in the best interests of the City that termslimitsbe establishedfrl purpose and intent of this Initiative Ordinance to o�t�v �.ct of tee limitsahleve the 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, CityClem sod xe used to , and Treasurer abide by term limits; and, WHEREAS, because Measure T w.s adopted by the voters in 2 0 that. applyingonly to the office of � , term lint law, yor, can only be modified and extended to i o o all ��ty ��eted off�e�al b'approvale term limits of a majority vote of voters of the Ci • , �and EXHIBIT A Page 1 of 3 (BALLOT MEASURE ALTERNATIVE 1) WHEREAS, this initiative ordinance will extend the coverage of the term limit law to all elected officials in the City, and impose a limit of two consecutiveCity termsfor each elective office; and WHEREAS, an individual, immediately after completing two consecutive terms inany particular City elective office, would be eligible to seek nomination andelection to a different City elective office, or alternatively, would only be eligible to seek nomination and election to the same City elective office after waiting one election cycle following completion of the second consecutive term in that City elective office; and WHEREAS, if approved, the term limits contained in this initiative ordinance d�nance would apply prospectively to full terms commencing after the June 5, 2018 Statewide Primary Election. NOW, THEREFORE, THE PEOPLE OF NATIONAL CITY,CALIFORNIA, ORDAIN AS FOLLOWS: Section 1. Name. This ordinance initiative shall be known and may be cited as the "Term Limits ne ts andAccountability for All Elected Officials Initiative," and shall be referred d to herein as the "initiative ordinance." Section 2. Municipal Cocle Text. Section 2.72.010 of Chapter 2.72 of the National City Municipal Code shall be immediately repealed in its entirety and replaced as follows: .72.010 - Term limits for All Elected Officials in the City. (a) No person shall be eligible for election to serve in anyelective' include City office, which shall include the offices of Mayor, members of the City Council, City Clerk, and City t Treasurer, for more than two 2 consecutive terms in the same elective office. This limitation r.�tat�on on terms shall not apply to any unexpired term to which a person is elected or appointed to fill a vacancy in any elective City office, if the remainder der of the term is less than one-half of the full term of office. (b) No person who has already served in the same elective City office for two(2) consecutive terms, may be elected to serve another term in the same elective office until after at least one (1) election 'cycle has elapsed following the end of the second consecutive ecut�ve term for that City elective office; provided, however, that anyperson who is elected or appointed to fill a vacancy in any elective City office for which the remainder er of the unexpired term is less than one --half of the full term of office, may be elected to, and serve in office for up to two(2) additional terms in that same elective City office before being required to wait one (1) election cycle before seeking election again to that same office (c) This section shall apply prospectively to full terms of office co mmencing after the June 5, 2018 Statewide Primary Election. EXHIBIT A Page 2 of 3 (BALLOT MEASURE ALTERNATIVE 1) Section 3.. Ado_ntion Date and Effective Dates. If a majority of the voters adopt this initiative ordinance, it shall be a valid enactment of the City, binding on all elected City officials and applying to elections for all City elective offices following the enactment of this initiative ordinance. Section 4. Competingigeasures. If this initiative ordinance and another measure on the same subject matter after appear on the same ballot, and a majority of the voters approve both measures, the measure 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 � eat matter. Section 5. Future Amendments. This initiative ordinance may be amended or rescinded only by a vote of the People at a municipal election. Section 6. v i . ilit . If any subsection, paragraph, sentence, clause or phrase of this initiative ordinance or any part thereof is for any reason held to be unconstitutional or otherwise unenforceable, such decision shall not affect the validity of the remaining ortion of this initiative ordinance or any part thereof. The People 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, orphrases be declared t unconstitutional or otherwise unenforceable. EXHIBIT A Page 3 of 3 (BALLOT MEASURE ALTERNATIVE 1)