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Home My WebLink About2004 06-01 CC AGENDA PKT (2)AGENDA OF A SPECIAL MEETING NATIONAL CITY CITY COUNCIL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA THURSDAY — JULY 1, 2004 - 9:00 A.M. OPEN TO THE PUBLIC BUSINESS 1. Discussion of City Council -sponsored initiative pertaining to term limits for the Mayor's office together with a defined benefit retirement plan for the incumbent Mayor, City Treasurer and City Clerk, a Code of Ethics and campaign contribution limitations. 2. Closed Session Public Employee Performance Evaluation — Government Code Section 54957 Title: City Manager NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting — Tuesday, July 6, 2004 - 6:00 p.m. - Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: FROM: City Attorney Mayor and City Council DATE: June 25, 2004 SUBJECT: Resolution Submitting a Proposition to the Voters Relating to a Term Limit for the Office of the Mayor together with a Defined Benefit Retirement Plan for the Incumbent Mayor, City Treasurer and City Clerk, a Code of Ethics for Elected Officials, and Campaign Contribution Limits The Mayor has introduced the concept of an ordinance containing the following elements: 1. A two -term limit for the Office of the Mayor together with a defined benefit retirement plan for the Incumbent Mayor, City Treasurer and City Clerk 2. A Code of Ethics 3. Campaign contribution limits Pursuant to the California Government Code, term limits must be approved by the voters. Although the other two elements of the ordinance do not require voter approval, they have been "packaged" with the term limit and therefore would be subject to voter approval as well. Unless the ordinance itself provides otherwise, an ordinance enacted by a vote of the people cannot be amended or repealed other than by another vote of the people. The attached ordinance would amend the Municipal Code to impose a two -term limit for the Office of the Mayor, beginning with full terms commencing after the November 2, 2004 election. However, any person occupying the Office by appointment or special election and serving less than a full term may serve two full terms. Additionally, a person who has served two terms as Mayor would not be prohibited from later serving on the City Council As part of the term limit provisions, the Municipal Code would also be amended to establish a retirement plan for the incumbent Mayor, City Clerk, and City Treasurer, under the Public Agency Retirement System (PARS). The plan would be limited to incumbents serving no more than two terms after November 2, 2004, who terminate PERS membership and withdraw their PERS contributions. The retirement benefit would be determined by multiplying the number of years of City service (but no more than ten years) multiplied by three percent (3%), multiplied by the office holder's highest Recycled Paper consecutive 12 months of earnings. The benefit would be a lifetime benefit, payable monthly, commencing with the month following the official leaving office. The cost of the retirement plan, according to the actuary retained by the City, is $239,375 for the Office of the Mayor, $256,430 for the Office of the City Clerk, and $42,395 for the Office of the City Treasurer, which could be paid at the rate of approximately $70,000 per year for ten years. Additionally, the ordinance would amend the Municipal Code to establish a Code of Ethics, to be contained in the City Council Policy Manual. Elected officials would be required to read the Code of Ethics and to execute a statement that they have read and understood the Code. Violations of any provision of the Code of Ethics would constitute unethical conduct, the penalty for which may include censure by the City Council. Lastly, the ordinance would amend the Municipal Code to establish a $300 limit on campaign contribution per individual per election. Further, the ordinance would impose the following prohibitions: • If a contract exceeds $5,000, the other party to the contract may not make a contribution to a candidate for Mayor or City Council from the beginning of negotiations until negotiations end or the contract is complete, whichever is later. • Prohibits contributions sooner than 11 months before election. • Prohibits transfers between committees for other offices. • Prohibits contributions from non -individuals. • Prohibits delivery of contributions in City buildings. • Prohibits contributions in the name of other individuals. No criminal penalties would result from a violation of these provisions. Rather, civil penalties would apply, as follows: • For contributions in excess of the $300 limit, the penalty would be three times the excess or $2,500, whichever is greater. • For other violations, the penalty would be $500. Enforcement would not be by the City Attorney but by one of a panel of attorneys. The City Council would be authorized to review and revise the contribution limit every four years. GHE/gmo GEORGE H. EISER, III City Attorney 2 RESOLUTION NO. 2004 — 123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, RELATING TO AN ORDINANCE IMPOSING A TERM LIMIT FOR THE OFFICE OF MAYOR TOGETHER WITH A DEFINED BENEFIT RETIREMENT PLAN FOR THE INCUMBENT MAYOR, CITY TREASURER AND CITY CLERK, ESTABLISHING A CODE OF ETHICS FOR ELECTED OFFICIALS OF THE CITY, AND IMPOSING CAMPAIGN CONTRIBUTION LIMITS WHEREAS, the City Council of the City of National City desires to submit to the qualified voters of the city at the general municipal election to be held on November 2, 2004, a proposed ordinance imposing a term limit for the Office of Mayor, establishing a Code of Ethics for elected officials of the city, and imposing campaign contribution limits; and WHEREAS, the City Council is thereupon authorizied and directed by statute to submit the proposed ordinance to the qualified voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOVLE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of Califomia relating to General Law Cities, the following question shall be submitted to the qualified voters of the city at the General Municipal Election to be held on November 2, 2004: Shall an ordinance be adopted imposing a term limit for the Office of Mayor together with a defined benefit retirement plan for the incumbent Mayor, City Treasurer and City Yes No Clerk, establishing a Code of Ethics for elected officials of the city, and imposing campaign contribution limits? 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. Resolution No. 2004 —123 July 6, 2004 Page Two 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 paraphemalia 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 Election Code of the State of Califomia. Section 6. That in all particulars not recited in this resolution, the elction 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 aurthorized, 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 July, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney NOTICE OF SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA THURSDAY, JULY 1, 2004 9:00 A.M. NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a special meeting on Tuesday, July 1, 2004, at 9:00 a.m. or as soon thereafter as the matter may be considered, at the Civic Center, 1243 National City Boulevard, National City, California, 91950. The business to be transacted at said meeting will be for the City Council to consider the following: 1. DISCUSSION OF CITY COUNCIL -SPONSORED INITIATIVE PERTAINING TO TERM LIMITS FOR THE MAYOR'S OFFICE TOGETHER WITH A DEFINED. BENEFIT RETIREMENT PLAN FOR THE INCUMBENT MAYOR, CITY TREASURER AND CITY CLERK, A CODE OF ETHICS AND CAMPAIGN CONTRIBUTION LIMITATIONS. 2. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION — GOVERNMENT CODE SECTION 54957 TITLE: CITY MANAGER Dated: June 30 , 2004