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HomeMy WebLinkAboutCC RESO 2019-171RESOLUTION NO. 2019 —171 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 3, 2020 FOR THE PURPOSE OF SUBMISSION OF A BALLOT MEASURE TO THE VOTERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, on September 3, 2019, the City Council of the City of National City adopted Ordinance No. 2019 - 2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats, and Rabbits;" and WHEREAS, on October 2, 2019, Davis Salinas and Fernando Anaya presented for filing a referendum petition against Ordinance No. 2019 - 2463, so as to repeal Ordinance No. 2019 - 2463 or submit it to the qualified voters of the City of National City; and WHEREAS, on November 13, 2019, pursuant to Section 9237 of the California Elections Code, the petition was examined by the City's Elections Official and it was determined that the referendum petition contained 2,507 valid signatures, which is a sufficient number of signatures under Sections 9235 - 9247 of the Elections Code, and the City's Elections Official accepted the petition for filing; and WHEREAS, in accordance with Section 9240 of the Elections Code, the City's Elections Official certified the results of the examination to the City Council at its next regular meeting held on November 19, 2019; and WHEREAS, Section 9237 of the Elections Code provides that when a referendum petition against an ordinance qualifies, the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance; and WHEREAS, Section 9241 of the Elections Code provides in part that when a city council is presented with a qualified referendum petition, if the city council does not entirely repeal the ordinance against which the petition is filed, the city council shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the city council, or at a special election called for that purpose, not less than 88 days after the order of the city council, and the ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it; and WHEREAS, the City Council has not voted in favor of the repeal of Ordinance No. 2019 - 2463; and WHEREAS, because the City Council has not voted in favor of the repeal of Ordinance No. 2019 - 2463, the City Council is authorized and directed by state statute to submit the ordinance to the voters; and Resolution No. 2019 - 171 Page Two WHEREAS, the City Council desires to submit to the qualified voters of the City at the Special Municipal Election to be held on March 3, 2020 a measure to adopt Ordinance No. 2019 - 2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits;" and 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 3, 2020 for the purpose of submission of a ballot measure to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 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, there is called and ordered to be held in the City of National City, California, on Tuesday, March 3, 2020, a Special Municipal Election for the purpose of submission of the following ballot measure to the voters: Yes Shall Ordinance No. 2019 - 2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 of the National City Municipal Code Prohibiting the No Retail Sale of Dogs, Cats and Rabbits," be adopted? Section 2. That the text of Ordinance No. 2019 - 2463 to be submitted to the voters as a proposed measure is attached to this Resolution as Exhibit "A." Section 3. That the ordinance shall not take effect unless and until the ordinance receives the approval of a majority of the votes cast by the qualified voters of the City voting upon the ballot measure on the proposed ordinance at the March 3, 2020 Special Municipal Election. Section 4. The election hereby called for March 3, 2020 is hereby ordered consolidated with any other election to be held within the City on said date. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvasses, results declared, and all other proceedings incidental to and connected with the election Resolution No. 2019 - 171 Page Three shall be regulated and done in accordance with the provisions of Section 10418 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 5. That the ballots to be used at the election shall be in form and content as required by law. Section 6. That the City Clerk is authorized 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 this election. Section 7. 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 14401 of the Elections Code of the State of California. Section 8. 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 9. That notice of the time and place of holding the election is hereby 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 10. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions of the City. PASSED and ADOPTED this 3rd day of Decem ATTE �i Michael Dafa, City Clerk APPROVED AS TO F6RM: torney Alejandra Sotelo- is, Mayor Passed and adopted by the Council of the City of National City, California, on December 3, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Quintero, Rios, Sotelo-Solis. Nays: Morrison. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-171 of the City of National City, California, passed and adopted by the Council of said City on December 3, 2019. City Clerk of the City of National City, California By: Deputy