CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: February 24, 1991 1981
POLICY #301
TITLE: Legislative and Judicial Platform
Commission (“Successor Agency”), the Parking Authority, a nd Joint Powers Financing Authority.
Timeline
The City Council shall periodically update the legislative and judicial platform as needed.
The City Council shall annually adopt legislative priorities. On or before November 15thth, the City Manager shall submit legislative policy recommendations to the City Council for review. On or before the final City Council Meeting in December, the City Council shall formally adopt the annual Legislative Priorities.
On or before April 1st, the City Manager's Ooffice shall compile items to be submitted for inclusion in the state and/or federal budget. On or before June 1st st, the City Council shall formally adopt the budget items for inclusion on behalf of National City.
The priorities and timelines may be amended by the City Council from time to time when action on a matter appears to be of sufficient urgency that it would not be in the cCity’s best interest to wait until the next legislative year.
Related Policy References
Legislative and Judicial Platform Memo attached as part of this policy
Related Policy References
February 24, 1981 – (Resolution No. 13,516) Adopting Legislative Policy Guidelines
Prior Policy Amendments:
November 12, 1991 (Resolution No. 91-228)
December 16, 2008 (Resolution No. 2008-271)
December 10, 2013 (Resolution No. 2013-189)
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: February 24, 1991 1981
POLICY #301
TITLE: Legislative and Judicial Platform
2009 2023 CITY OF NATIONAL CITY
LEGISLATIVE AND JUDICIAL PLATFORM
AND CORE PRIORITIES
_________________________________________________________________________ The National City Council urges the Legislature to:
• Preserve and enhance the City's ability to deliver quality and cost -effective services to National City's residents and visitors.
• Preserve and enhance the City Council's ability to serve National City residents by retaining local decision- making authority and maintaining state legislative and voter commitments for revenue resources.
__________________________________________________________________
LEGISLATIVE PLATFORM
MUNICIPAL CORE LEGISLATIVE PRIORITIES
The following eight core legislative priorities highlight issues that could significantly affect National City and legislative advocacy efforts which will be focused in these priority areas.
HOME RULE I FISCAL SUSTAINABILITY
Home Rule and Local Control
The City believes strongly in the principles of home rule authority and local control and its ability to increase the effectiveness and efficiency of local government services. The City encourages the Legislature to respect and support home rule and opposes legislation that attempts to weaken municipal home rule authority and flexibility.
The City supports efforts that reflect a positive, collective, and cohesive approach to regional solutions, as long as local control is maintained.
Fiscal Sustainability
The City supports the retention of local taxing authority, the maintenance of fiscally balanced revenue sources, and measures that would provide fiscal independence to cities.
The City supports the full disbursement levels of existing revenue streams and directed funding sources including sales tax, property tax, and transient occupancy tax (TOT) and vehicle in-lieu fees. The City opposes diversions and reallocations of these all funds by the Legislature in a manner that would negatively affect local government.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: February 24, 1991 1981
POLICY #301
TITLE: Legislative and Judicial Platform
The City opposes unfunded mandates placed on local jurisdictions, and encourages the lLegislature to evaluate the fiscal impact such mandates will have on communities prior to considering the issue.
The City opposes any efforts to increase reporting requirements related to locally raised revenues.
II. INFRASTRUCTURE
The City supports the retention of infrastructure funding and bonding for street projects, housing, and infill infrastructure projects and parks. The C city recognizes that funding for these key project areas will help to spur economic activity in National City.
The City supports efforts to provide more flexibility in raising revenue for necessary infrastructure projects.
The City supports federal and state economic stimulus initiatives that provide the necessary resources and funds to invest in necessary infrastructure projects to improve the transfer of goods and services throughout the region, create jobs, and encourage economic development.
III. TRANSPORTATION
The City believes the movement of goods and people is vital to continued economic success and to the maintenance of a high quality of life. In order to preserve these, the City encourages the Legislature to invest in the maintenance and expansion of the State's multi- modal transportation network. The City supports regional coordination in transportation planning but opposes efforts that limit local control in the transportation decision- making process.
The City supports measures to finance local and regional multi -modal transportation improvements and to enhance transportation funding equity.
The City opposes proposals that would adversely affect the quality of National City and its surrounding area the San Diego region. Furthermore, the City Ccouncil supports efforts that grant cities and towns the additional ability to provide for transportation improvements.
IV. PORT- RELATED LEGISLATION
The City and the Port of San Diego have attempted to worked cooperatively to address the
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: February 24, 1991 1981
POLICY #301
TITLE: Legislative and Judicial Platform
disparity that has long existed between the regional benefits of the Port and the unique local impacts of the Port on the City and its residents. The City is committed to pursuin g public policy that would achieve the balance necessary between the Port, the Workin g Waterfront, and National City consistent with the follow ing six principles agreed upon by the parties:
1. Protection of Maritime Uses;
2. Enhancement of the Working Waterfront;
3. Environmental Compliance;
4. Public and/or Visitor Serving Amenities;
5. Financial Benefits to the Port and National City; and
6. Public Participation within National City.
Generally, the City is supportive of any legislative measures that are consistent with the policies and intent of one or more of the foregoing principles. Further, the City Council supports efforts that grant Port communities the ability to fully address t he economic and environmental impacts directly and indirectly attributed to the Port. National City is also supportive of public policy that provides financial incentives to Port communities for the preservation and expansion of maritime activities within its jurisdiction.
V. ENERGY CONSERVATION & ENVIRONMENTAL PROTECTION
The City recognizes the importance of working cooperatively with other governmental and private sector entities to implement and manage efficient, cost -effective, and sound environmental programs and services that secure clean air, water, and land.
The City supports appropriate legislation and regulation that promotes pollution prevention, supports energy conservation efforts and encourages green development without imposing unfunded mandates.
The City opposes efforts that place a severe financial burden on municipalities.
VI. LAND USE PLANNING
The City supports maintaining local authority in land use planning issues and supports legislative efforts that promote more orderly growth and opposes efforts that impede growth management, including the preservation of local authority to set land use policies.
The City supports efforts to assist local governments in implementing sustainable development practices.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: February 24, 1991 1981
POLICY #301
TITLE: Legislative and Judicial Platform
The City opposes legislation that would restrict a municipality's City’s ability to redevelop Under-performing areas.
VII. ECONOMIC DEVELOPMENT
The City supports efforts to enhance the range of economic development mechanisms at a municipality's City’s disposal that would strengthen the abilities of local agencies to prepare for, and implement growth, job creation, workforce development, redevelopment, conservation, and beautification projects.
The City opposes any attempt to limit local control over, or ability to execute economic development projects including through the diversion of redevelopment funding.
The City opposes any state or federal proposals that reduce economic investment opportunities at the local level. This includes reductions and restrictions to block grants and housing subsidies.
VIII. AFFORDABLE HOUSING
The City recognizes the importance of housing for all income levels as critical to the balanced and healthy growth of the cCity and its communities. The City supports affordable housing efforts as a key component to workforce recruitment and retention. This includes support for federal and state participation and financial support of programs to provide adequate housing for the elderly, disabled, homeless, and low- income persons throughout the community.
The City supports efforts to establish a permanent funding source for the development rehabilitation and preservation of affordable housing. Advocate for efforts to review and reduce state mandated regulations on housing development.
LEGISLATIVE PLATFORM CONTINUED
The following platform statements address additional legislative issues that may arise, and appear regularly at the federal and state levels.
GOVERNMENTAL PUBLIC LIABILITY POLICY
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: February 24, 1991 1981
POLICY #301
TITLE: Legislative and Judicial Platform
The City supports efforts to reinforce public entity design and discretionary act immunity.
The City supports efforts to abolish lump-sum awards for damages and to substitute installment payments projected over the plaintiff’s life span, to cease at time of death.
The City supports efforts to develop statutory provisions calling for the reimbursement of all public entity defense costs and expenditures incurred in the defense of frivolous and spurious claims and lawsuits.
The City supports efforts to change the legal pr incipal of "joint and several liability" to protect, ensure, and otherwise provide that the City will not be a target for unmeritorious lawsuits based on the City’s more advantageous financial position , whether real or perceived, than that of the true tortfeasor a “deep pocket” liability target.
The City opposes efforts to further erode governmental tort immunity.
The City opposes any efforts to remove or weaken any statutory time limits as to the filing and serving of claims and lawsuits as well as any efforts to open public entities to liability for punitive or exemplary damages.
The City opposes any efforts to expand situations in which public entities may be liable to pay for litigants' attorneys' fees or other litigation expenses.
EMPLOYEE LABOR RELATIONS AND BENEFITS
The City supports efforts that provide the City with necessary resources and authority to establish appropriate working conditions and benefits to its employees. This includes preserving and enhancing equal employment opportunities for all people seeking employment, and opposing efforts that remove the local decision- making authority in employee issues.
The City is supportive of efforts that result in improved pu blic and private sector labor management relations and opposes efforts that impose state mandates.
The City supports efforts to prevent abuses within the compensation system, which in turn results in increased costs to the municipalityCity.
The City opposes efforts that would increase the City’s liability for unemployment compensation and retirement pensions.
The City opposes efforts that would increase employee Workers’ Compensation benefits
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: February 24, 1991 1981
POLICY #301
TITLE: Legislative and Judicial Platform
without system reforms to offset increased employer costs, and that would provide presumptive eligibility for the award of Workers’ Compensation.
PUBLIC SAFETY AND EMERGENCY SERVICES
The City supports initiatives to preserve and enhance the ability of local governments t o strategically plan for and respond to em ergencies and efforts to ensure that the greatest level of public safety and emergency services are provided to the community witho ut creating an unfunded mandate.
The City supports the retention of revenue streams for funding public safety employee disaster preparedness, crime prevention, and fire prevention and suppression, emergency medical services, and public safety training.
The City supports efforts to provide the City with additional resources such as behavioral health clinicians and homeless outreach referral services to assist those in need of assistance and to direct them to the appropriate services.
The City opposed efforts that would impede local law enforcement from addressing crime problems and recovering costs resulting from a crime committed by a guilty party.
The City supports efforts that strengthen local law enforcement, including: prevention of driving under the influence of drugs or alcohol; effective abatement of illegal land uses and il legal businesses; the sharing of criminal history information between states; registration of sex offenders; reducing access to firearms by the mentally ill; and providing tools and resources to address community challenges such as domestic violence, gangs, and human trafficking.
The City supports de-certification of officers under specified conditions, including those officers convicted of any felonies and those with a history of egregious misconduct, contingent that an impartial authority outside of the employing agency is utilized and officers are afforded due process.
The City supports statewide and federal tracking of information related to officers that resign in lieu of discipline or termination, or those with multiple sustained complaints and violations.
The City supports mandated and regular implicit and racial bias training for all law enforcement, and de-escalation training that focuses on alternatives to deadly force.
The City supports efforts that increase county, state and federal funding for local law enforcement, fire suppression, wildfire prevention, hazardous materials mitigation, and emergency medical services.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: February 24, 1991 1981
POLICY #301
TITLE: Legislative and Judicial Platform
The City supports efforts that promote national fire code development using an open, consensus-based process.
The City supports efforts to create a funding mechanism for a regional fire department in San Diego County that does not diminish the ability of cities to provide essential services and mechanisms that increase reimbursement funding for Medicare and Medi-Cal programs.
The Ci ty supports innovative health and safety efforts that improve access to primary and preventive care and decrease use of emergency departments, including expanded mental health services.
TELECOMMUNICATIONS
The City supports efforts that ensure consumer access to telecommunications services in an efficient and cost - effective manner while retaining local government's authority. This includes retaining local government's ability to negotiate franchise agreements, the ability to regulate the use of public rights-of-way, and collect appropriate revenues in order to maximize benefits to the consumer.
WATER MANAGEMENT
The City supports efforts to increase the water supply or improve water quality within the region and efforts that encourage voluntary water conservation.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 2, 2014
ADOPTED: November 25, 1980
POLICY #401
TITLE: Environmental Guidelines
Purpose
To establish local guidelines for implementation of the California Environmental Quality Act (CEQA).
Policy
The City Council adopted Resolution No. 13,474 which established City procedures for environmental review on November 25, 1980. The procedures were updated and replaced with Council adoption of Resolution No. 15,625 on May 24, 1988. The City Council also adopted Resolution No. 2005-243 in November 2005 regarding the 200 local guidelines.
The environmental guidelines establish requirements and procedures for environment review, including adoption of negative declarations and preparation of environment impact reports. A copy of the guidelines is maintained in the Planning Department.
Related Policy References
November 25, 190 ( Council Resolution No . 13,474)
May 24, 1988 ( Council Resolution No. 15,625)
Council Resolution No . 2005-24
Prior Policy Amendments
November 12, 1991 (Resolution No. 91-228)
November 1, 2005 (Resolution No. 2005 -243)
November 1, 2005 (Resolution No. 2005 -244)
December 2, 2014 (Resolution No. 2014 -168)
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: September 6, 2011
POLICY #402
TITLE: Procedures and Requirements for Development Agreements Purpose
To adopt regulations establishing procedures and requirements for consideration of development agreements.
Policy
Under a development agreement, both the City and the developer commit themselves to proceed with a development in accordance with the terms of the agreement. The city may agree to process further applications in accordance with the City's building regulations and planning and zoning ordinances, regulations, and standards in effect at the time of the agreement, and not to subject the development to changes in those ordinances, regulations and standards for a specified time.
In return, the developer may agree to construct specific improvements, provide public facilities and services, pay development impact fees, develop according to a specified time schedule or make other commitments that the City might otherwise have no authority to require a developer to perform. A development agreement is enforceable despite any changes to the General Plan, a specific plan, zoning, subdivision, or building regulations.
The development agreement may provide that the developer shall be subject to future changes in development impact fees. Any fees received or costs recovered by the City shall comply with Government Code Section 66006.
A development agreement is distinguishable from a “disposition and development agreement" entered into between a developer and a redevelopment agency, wherein th e agency typically participates financially in the project in some way. The commitment made by a developer under a development agreement may be different in kind and scop e than the exactions imposed by a city under the Mitigation Fee Act (Government Code Section 66000, et. seq.), which authorizes a city to impose impact fees on a developme nt project involving the issuance of a permit for construction, but not a permit to operate such fees are collected for the purpose of defraying the cost of public facilities related to the development project.
A. Requirements for Applications and Agreements
A.1 Forms and Information
a. The City Attorney shal1 prescribe the form for each application and notice required under this Policy for the preparation and implementation of development agreements.
b. The City Manager, or designee, may require an applicant to submit such information and supporting data as deemed necessary to process the application.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: September 6, 2011
POLICY #402
TITLE: Procedures and Requirements for Development Agreements
A.2 Fees
The City Council may include in the City's Fee Schedule the fees and charges imposed for the filing and processing of each application and document required under this Policy.
A.3 Qualification as an Applicant
Only a qualified applicant may file an application to enter into a development agreement with the City. A qualified applicant is a person who has a legal or equitable interest in the real property that is the subject of the agreement. "Applicant" includes an authorized agent of the person who has such an interest. The City Manager, or designee, may require an applicant to submit proof of hi s or her interest in the real property and of the authority of the agent to act for the applicant. Before the application is processed, the City Attorney shall determine the sufficiency of the applicant's interest in the real property to enter into the agreement.
A.4 Form and Contents of Development Agreement
In applying for a development agreement, a developer may submit a form of agreement prepared by the developer. Whether prepared by the City or the developer, the agreement shall specify the following:
a. The duration of the agreement;
b. The permitted uses of the real property;
c. The density or intensity of use;
d. The maximum height and size of proposed structures;
e. Provisions for reservation or dedication of land for public purposes;
f. The nature and timing of construction of improvements;
g. The date by which construction shall commence;
h. The date by which construction of the development and each phase of the development shall commence;
i. Other commitments by the developer including, but not limited to, an agreement to construct specific improvements, provide public facilities and services, pay development impact fees, or make other commitments that the City requires;
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: September 6, 2011
POLICY #402
TITLE: Procedures and Requirements for Development Agreements j. A commitment by the City to process the developer's application in accordance with the City's building regulations and planning and zoning ordinances, regulations, and standards in effect at the time the agreement is entered into, and not to subject the development to changes in such ordinances, regulations, and standards for a specified period of time; and
k. For phased developments, and developments of long duration, the City and the developer may agree that the period of time for which the development will not be subject to cha nges in the City's building, planning, and zoning ordinances and regulations will be for a specified time that is less than the term of the agreement.
l. Other conditions, terms, restrictions, and requirements provided they do not prevent the development of the real property for the uses and to the density or intensity of development set forth in the agreement.
A.5 Review of Applications; Submission to Planning Commission.
The City Manager, or designee, shall review the application and shall reject it if it is inaccurate or incomplete for processing. If City staff finds the application is complete and contains the information necessary to complete the development agreement, he or she shall accept it for filing. When both the application and agreement are determined by the City to be complete, the City Manager, or designee, shall submit the agreement to the Secretary of the Planning Commission, who shall place the agreement on a Commission agenda for a public hearing to consider the agreement for approval. At the time the City Manager, or designee, submits the agreement to the Secretary of the Planning Commission, City Attorney shall submit with the agreement a report indicating whether or not the agreement would be consistent with the General Plan and any applicable specific plan.
A.6 Hearing by City Council
After the development agreement is considered by the Plannin g Commission, the City Manager, or designee, shall cause to have it placed on a City Council agenda to have it considered for approval by the Council after public hearing. The City Attorney shall submit with the agreement a report indicating whether or not the agreement would be consistent with the General Plan and any applicable specific plan.
A.7 Concurrent Processing
A development agreement may be processed concurrently with other applications for development for the same property.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: September 6, 2011
POLICY #402
TITLE: Procedures and Requirements for Development Agreements A.8 Other Parties
In addition to the City and the developer, any federal, state, or local government agency may be included as a party to the development agreement under the authority of the Joint exercise of Powers Act (Government Code Section 6500 et seq.) or other authority.
B. Notices and Hearings
B.l Notice of Intention
The City Clerk shall give notice of the intention to consider adoption of a development agreement at least ten days before the public hearings of the Planning Commission and the City Council. The notice shall be given as provided in Section 65091 of the Government Code.
B.2 Form of Notice
The form of Notice of Intention to consider adoption of a development agreement shall contain:
a. The time and place of the hearing;
b. A general explanation of the matter to be considered, including a general description of the area affected; and
c. Other information required by specific provisions of this Policy or that the City Manager, or designee, considers necessary or desirable.
B.3 Manner of Notice
Notice of the intention to consider adoption of a development agreement shall be given as provided in Government Code Section 65091.
B.4 Failure to Receive Notice
The failure of any person or entity to receive notice shall not affect the authority of the City to enter into a development agreement, or affect the validity of development agreement.
B.5 Rules Governing Conduct of Public Hearings
A public hearing at which a development agreement is considered shall b e conducted as nearly as possible in accordance with the procedur al standard adopted under Government Code Section 65804 for the conduct of zonin g hearings. Each person interested in the matter shall be given an opportunity to be heard. The developer has the burden of proof at the public hearing.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: September 6, 2011
POLICY #402
TITLE: Procedures and Requirements for Development Agreements C. Standard of Review, Findings, and Decision
C. l Recommendation by Planning Commission
After the public hearing is held by the Planning Commission, the Commission shall adopt a resolution making its recommendation to the City Council as to whether the development agreement should be approved. The resolution shall set forth the reasons for the Commission's recommendation, including findings setting forth the Commission's determinations regarding the following:
a. Whether the development agreement is consistent with the objectives, policies, land uses, and programs specified in the General Plan and any applicable specific plan;
b. Whether the development agreement is compatible with the uses and regulations for the zone in which the property is located;
c. Whether the development agreement is in confo rmity with the public convenience, general welfare, and good land use practice;
d. Whether the development agreement will not be detrimental to th e health, safety, and general welfare;
e. For a development agreement that is to be entered into in connection with a subdivision, as defined in Government Code Section 66473. whether the agreement provides that any tentative map will comply with the provisions of that section.
f. Whether the development agreement offers to the City Substantial benefit in exchange for the vested right benefit granted to the developer.
C.2 Decision by City Council
a. After receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing. The Council may accept, disapprove, or modify the recommendation of the Planning Commission. The Council may, but is not required to, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission shall consider at a public meeting all matters referred back to it by the City Council and may, but is not required to, hold a public hearing on such matters.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: September 6, 2011
POLICY #402
TITLE: Procedures and Requirements for Development Agreements b. The City Council may not approve the development agreement unless it finds that the agreement is in compliance with the standards set forth in Section C.l.
c. The decision whether to enter into a development agreement is within the sole discretion of the City Council.
C.3 Approval of Development Agreement
If the City Council approves the development agreement, it shall do so by the adoption of an ordinance. The City may enter into the agreement after the ordinance approving the agreement takes effect.
D. Amendment and Cancellation of Development Agreement by Mutual Consent
D.1 Initiation of Amendment or Cancellation
A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Either party may initiate such amendment or cancellation.
D.2 Procedure
a. The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance, as set forth in Sections “B” and “C” of this Policy.
b. lf the City initiates the proposed amendment to or cancellation in who or in part of the development agreement, it shall first give notice to t developer of its intention to initiate such proceedings at least 30 days advance of the giving of the Notice of Intention to consider t amendment or cancellation required by Section "B".
E. Recordation
E.1 Recordation of Development Agreement, Amendment or Cancellation a. Within 10 days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder. The agreement shall run with the land and inure to the benefit of and bind successors in interest.
b. If the City and the developer or the developer's successor in interest
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: September 6, 2011
POLICY #402
TITLE: Procedures and Requirements for Development Agreements amend or cancel the agreement as provided in Government Code Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.l for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder within 10 days.
F. Periodic Review
F.1 Time for Initiation of Review
The City Council shall review the development agreement at a public hearing at least every 12 months from the date the agreement is entered into. The time period before which review may occur may be shortened either by agreement of the City and the developer or by initiation in one or more of the following ways:
a. Recommendation of the City Manager, or designee; or
b. Action of the City Council. The failure to conduct a review in any 1 month period does not preclude a later review.
F.2 Notice of Review
The City shall begin the review proceeding by giving notice that the City Council intends to undertake a review of the development agreement.
F.3 Delegation or Referral to Planning Commission
At the time the development agreement is reviewed by the City Council, the Council may:
a. Review the development agreement itself; or
b. Delegate the review to the Planning Commission for a determination or
c. Refer the review to the Planning Commission for a r ecommendation as to the action to be taken by the City Council.
F.4 Procedure
The notice and hearing procedure for review of the development agreement is the same as the procedure for entering into the agreement in the first instance, as set forth in section “B” of this policy.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: September 6, 2011
POLICY #402
TITLE: Procedures and Requirements for Development Agreements F.5 Public Hearing
The decision-making body shall co nduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is with the developer. At the time and place set for hearing, the developer shall be given an opportunity to be heard.
F.6 Findings
a. At the conclusion of the public hearing, the decision -making body shall adopt a resolution making findings based on substantial evidence as to whether or not the developer has, for the period of time under review, complied in good faith with the terms and conditions of the development agreement.
b. If the decision-making body finds and determines on the basis of substantial evidence that the developer has complied in good faith with the terms and conditions of the development agreement during the period of time under review, the review for that period is concluded.
c. If the decision -making body finds and determines on the basis of substantial evidence that the developer has not complied in good faith with the terms and conditions of the development agreement during the period of time under review, it shall in its resolution modify or terminate the agreement. If the agreement is modified, the decision -making body may impose those conditions to its action as .it considers nec essary to protect the interests of the City. If the decision-making body determines to modify the agreement, it shall do so only in a manner reasonably related to addressing the lack of compliance identified under Subsection (b) of this Section.
d. If the review 1s conducted by the Planning Commission for a determination the developer or - any interested person may appeal the determination under Subsections (b) and (c) of this Section to the City Council in accordance with the City's procedures for appeals to the City Council.
F.7 Decision of the City Council Final
In all proceedings under Section "F", the decision of the City Council shall be final.
F.8 Costs of Review
The developer shall pay the City's reasonable costs for staff time expended on the annual review.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: December 10, 2013
October 17, 2023
ADOPTED: September 6, 2011
POLICY #402
TITLE: Procedures and Requirements for Development Agreements G. Judicial Review
G.l Standard of Review
Judicial review of the initial approval by the City of a development agreement shall be by writ of mandate under Code of Civil Procedure Section 1085. Judicia l review of a City action taken pursuant to this Policy, other than the initial approval of development agreements, shall be by writ of mandamus under Cod e of Civil Procedure Section 1094.5. Any action or proceeding to attack, review, set aside, void, or annul any decision of the City to approve or amend a developme nt agreement under this Policy shall be commenced within 90 days of the date of the decision.
Related Policy References
Government Code Sections: 65091, 65804, 65864-65869.5, 66000, 66006, 66473.7 Code of Civil Procedure Sections: 1085, 1094.5
Prior Policy Amendments
None
September 6, 2011 (Resolution No. 2011 -196) Establishing Policy December 10, 2013 (Resolution No. 2013 -189)
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: February 4, 2020
October 17, 2023
ADOPTED: February 6, 2018
POLICY # 603
TITLE: Use of Volunteers by the City Council
Purpose
Members of the City Council may require support in their efforts to stay abreast of local, state and federal legislative matters that may impact the City, attend community meetings with individuals and groups, receive and respond to constituent questions/concerns (both in person and in written communications), and serve on various boards and commissions. In addition to the administrative support provided by employees assigned to the City Council, individual members of the City Council may require additional periodic or on-going support which may be achieved through the use of volunteers. The duties performed by volunteers may vary dependent upon the knowledge, skills and abilities of the individual(s) and the needs of the Council office. The purpose of this policy is to establish guidelines for the use of volunteers by members of the City Council.
Definitions
City Council - the legislative body elected to govern the City of National City, comprised of the Mayor and City Councilmembers.
Confidential Materials - information that is classified, private, secret, or sensitive that is transmitted or provided to City cCouncilmembers by, for, or through the cCity aAttorney staff, or Ccity department, or cCity departmental staff, in the course of the confidential attorney-client relationship or confidential departmental communication. Confidential material includes, but is not limited to, any documents that are exempt from public disclosure under the Public Records Act, or documents/materials that are privileged, or documents/materials that are protected attorney work product , under the Brown Act, Evidence Code, Rules of Professional Responsibility, or any state or federal statute, code, regulation or case.
Elected Official - for purposes of this policy, elected official refers to the Mayor and City Councilmembers.
Political Event – an organized event having as its primary purpose the exercise of expressive activities of a political nature, including but not limited to speech making, picketing, protesting, marching, demonstrating, or debating political public issues or fundraising political candidates.
Volunteer - an individual who is donating time to the City without monetary compensation for hours worked. Volunteers include unpaid student interns and students seeking community service hours in compliance with school district graduation requirements.
Policy
Elected Officials:
1. The decision to use volunteers shall be at the discretion of each individual elected official.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: February 4, 2020
October 17, 2023
ADOPTED: February 6, 2018
POLICY # 603
TITLE: Use of Volunteers by the City Council
2. The elected official has the sole responsibility for the selection of volunteers, the assignment of duties and the establishment of a work schedule.
3. Elected officials shall not assign a volunteer to represent them in meetings that require the presence of an appointed (an elected official serving as an appointed board member or commissioner) or elected official.
Volunteers:
1. Volunteers shall serve at the will of the elected official with no rights to permanent employment (either paid or unpaid); and with no rights to an appeal if the volunteer assignment is terminated by the elected.
2. In all communications representing the Council office, including those with City staff, community members, businesses or other agencies, volunteers shall only represent the interests and/or opinions of the elected official to whom he/or she reports. At no time shall a volunteer be granted the authority to represent the interest and/or opinions of the City Council as a body or the City as an agency.
3. Elected officials and City staff shall take reasonable precautious to ensure that volunteers do not have access to confidential materials.
4. Volunteers may be given name tags to be worn when assigned to work in the community or when attending meetings on behalf of the elected official. All such name tags shall be in conformance with the City’s adopted standard for such a name tag.
Name tags shall not be worn by volunteers at times when t hey are not schedule or assigned to work in their volunteer capacity, or at political events.
5. Volunteers may not engage in political activities on City premises or using City equipment; or during periods of time when on duty as a volunteer. Volunteers are considered on duty during periods of an assigned work schedule or when otherwise asked by an elected official to work in the office or to attend an event on his/her behalf as their representative.
Procedures
The selection and use of volunteers by elected officials shall be subject to the general administrative guidelines established by the City Manager under Administrative Policies
04.09 and 04.13, Volunteers and Unpaid Interns; and Criminal History Checks, respectively, including but not limited to the preparation and submission of attendance logs for all volunteers.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: February 4, 2020
October 17, 2023
ADOPTED: February 6, 2018
POLICY # 603
TITLE: Use of Volunteers by the City Council
Related Policy References
Administrative Policy 04.09 - Volunteers and Unpaid Interns Administrative Policy 04.13 - Criminal History Checks
Prior Policy Amendments:
February 6, 2018 (Resolution No. 2018-21) Establishing Policy February 4, 2020 (Resolution No. 2020-20)
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
ADOPTED: AUGUST 16, 2005
POLICY #711
TITLE: REQUIREMENTS FOR SUBMITTAL OF PROPOSALS TO
QUALIFY FOR TAXICAB OR OTHER PARATRANSIT VEHICLE
PERMITS
Formatted: Font: 11 pt, Font color: Red
Purpose
The purpose of this policy statement is to set forth the basic requirements for submittal of proposals to qualify for taxicab or other paratransit vehicle permits to operate in the City of National City.
Policy
I. BASIC REQUIREMENTS
A. The Mayor and City Council will establish an Issuance Evaluation Committee, comprised of two councilmembers and a specified number of staff members, to review such submittals and make a determination as to granting or denying the request for permit(s) and medallions (in the case of taxicabs). Decisions as to the granting or denial of submittals may take up to 90 days. Submittals of all such proposals shall be to the Finance Department.
B. The Issuance Evaluation Committee will also make recommendations to the City Council from time to time concerning the establishment of numerical limits on the number of permits and/or taxicab medallions to be authorized
C. This procedure and its requirements are set forth in accordance with, and are consistent with, the City of National City Municipal Code, Section 11.70 et seq., pertaining to the regulation and operating requirements of paratransit vehicles operating in the City of National City, and the Implementation Regulations for Paratransit Vehicles related thereto.
D. A minimum qualification for the submittal to the City of such a proposal requires that the submittal applicant is currently, and will continue in the future, to be able to comply with the above referenced ordinance and Implementation Regulations . Actual submittal of a proposal will constitute affirmation that compliance with said regulations will be effectuated by the permit applicant. Upon the City's grant of a permit to a new permit holder, completion of an application in accordance with the above regulations will thereafter be required with payment of the required fees, as set forth in Section 11.70 of the Municipal Code
E. Applicants will not be discriminated against on the basis of race, creed, national origin, gender, religion, sexual orientation, age, and other such constitutionally protected classifications. Preference may be given to applicants who operate their paratransit vehicle headquarters in the City of National City . The City of National City
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
ADOPTED: AUGUST 16, 2005
POLICY #711
TITLE: REQUIREMENTS FOR SUBMITTAL OF PROPOSALS TO
QUALIFY FOR TAXICAB OR OTHER PARATRANSIT VEHICLE
PERMITS
Formatted: Font: 11 pt, Font color: Red
reserves the right to reject any and all submittals at its discretion where the applicant's proposal does not meet the qualifying criteria.
F. By submitting a proposal, the applicant authorizes the City of National City to perform all investigations necessary to determine suitability and number availability for the issuance of additional permits and/or medallions by the City. The availability of permits and/or medallions to be issued by the City will be based on City Council approval of a maximum number of permits and/or medallions authorized, based on its discretion. The City Council may, in its discretion, reduce the number of authorized permits and/or medallions when deemed to be in the best interest of the City. The City Manager is not required to issue the maximum amount of permits and/or medallions set by City Council, unless in his or her discretion, it is warranted, based on need and qualifications of the proposals.
II. ELIGIBILITY
A. Paratransit operators who are immediately able to operate a legal paratransit vehicle in the City of National City are eligible to apply. They must provide:
1. A centralized fleet ownership of paratransit vehicles through a partnership, corporation, drivers' association, or a limited liability corporation.
2. A 24 -hour staffed central dispatch system, demonstrating an operational management system for paratransit vehicles.
3. Usage of a GPS by at least 50% of the fleet.
4. Credit card acceptance from passengers for payment of fares.
5. Minimum driver age requirement of 21 years of age.
6. A 20 hour minimum of driver training requirement by the company.
7. Proof of minimal insurance requirements as set forth in the City's Implementation Regulations and Section 11.70 of the Municipal Code.
8. Agreement to comply with the City's Equal Employment Opportunity Plan and incorporation of the Plan into their operation.
B Submittal of all required information is the responsibility of the applicant. Factual accuracy, completion of all required docume ntation, and timely subm ittal i s required of the submittal applicant for eligibility.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
ADOPTED: AUGUST 16, 2005
POLICY #711
TITLE: REQUIREMENTS FOR SUBMITTAL OF PROPOSALS TO
QUALIFY FOR TAXICAB OR OTHER PARATRANSIT VEHICLE
PERMITS
Formatted: Font: 11 pt, Font color: Red
III REQUIRED INFORMATION FOR SUBMITTAL
A. General Applicant Information
1. Name, address, and telephone number of the applicant, and person submitting the proposal, if different.
2. Designation, details as to the form of the business, and supporting documentation as to the legal existence of the business entity, including all identification information for the business such as corporate number, Articles of Incorporation, bylaws, and related documents.
B. Five references of cl ients or business entities who can attest to the applicant's quality of service provided for paratransit vehicle service.
C. A Management Business Plan, to include descriptions of the following, all of which may be utilized to evaluate the decision to grant or deny the proposal request:
1. The provision of a centralized fleet ownership by the entity.
2. The Central Dispatch System , GPS, and communication techno logy employed by the applicant.
3. Experience, training, and qualifications of applicant and their managers, drivers, and owners.
4. Summary or report of response times for past three years (or a set standard for response times for new companies).
5. Proof of credit card usage for customer fares.
6. Customer Complaint Procedure.
7. Vehicle storage, repair and maintenance monitoring systems for the vehicles for effective functioning.
8. Drivers' hiring and retention criteria, training program, and minimum required experience.
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
ADOPTED: AUGUST 16, 2005
POLICY #711
TITLE: REQUIREMENTS FOR SUBMITTAL OF PROPOSALS TO
QUALIFY FOR TAXICAB OR OTHER PARATRANSIT VEHICLE
PERMITS
Formatted: Font: 11 pt, Font color: Red
9. Chart and description of existing personnel positions.
10. Submittal of a plan for ongoing monitoring and evaluation of the applicant's level and quality of service and accountability.
11. Record keeping system.
12. List of all other cities or other entities for which permits are currently held or intended in the year subsequent for paratransit vehicle service.
13. The dates, names, and explanation of all past license or permit revocations of any and all drivers, owners or managers of the applicant's entity.
14. Facilities and headquarters location and description.
15. Safety program details.
D Submittal of a letter from an accredited financial institution stating that the applicant has the resources to fund the Management Business Plan within 90 days of the award of the permit(s).
Related Policy References
Prior Policy Amendments
August 16, 2005 (Resolution No. 2005-183) Adding Policy
RESOLUTION NO. 2023-
RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING CITY COUNCIL POLICY NOS. 104, 108, 111, 112 (ELIMINATE), 115, 117, 204, 205, 301, 401, 402, 603, AND 711 (ELIMINATE)
WHEREAS, the City of National City (“City”) City Council Policy requires an annual review of the City’s Council Policy Manual; and
WHEREAS, having completed the annual review of the City’s City Council Policy Manual, City staff requests that the City Council authorize updates to Policy No s. 104, 108, 111, 112 (eliminate), 115, 117, 204, 205, 301, 401, 402, 603, and 711 (eliminate).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorize updates to the following City Council Policies:
Policy #104 Rules of Procedure and Order for City Council Meetings Policy #108 City Manager as Chief Administrative Officer Policy #111 Utilization of City Vehicles in Non-Safety Related Capacities Policy #112 Document Reproduction (eliminate)
Policy #115 Donation of Surplus City Property & Police Department Unclaimed Property Policy #117 Distribution and Report of Tickets and Passes Distributed by the City-to-City Officials
Policy #204 Donation Acceptance Policy
Policy #205 Intrabudget Adjustment Request Policy for Mayor and the City Council Policy #301 Legislative and Judicial Platform
Policy #401 Environmental Guidelines
Policy #402 Procedures and Requirements for Development Agreements Policy #603 Use of Volunteers by the City Council
Policy #711 Requirements for Submittal of Proposals to Qualify for Taxicabs or Other Paratransit Vehicle Permits (eliminate)
Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 17th day of October, 2023
__________________________
Ron Morrison, Mayor
ATTEST:
_________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM
_________________________
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, October 17, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:
Consideration of the Legal Opinion Regarding Primary Voting System
RECOMMENDATION:
Provide Direction to Staff Regarding Options Provided in the Legal Opinion Regarding Primary Voting System.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
On Tuesday, March 7, 2023, City Council Member Jose Rodriguez submitted a City Council Policy 105 Request (Policy 105 Request) to the City Council. The item entitled, ““POLICY 105 REQUEST – Request Clarity regarding General Law Cities ability to have a Pr imary Voting System if Municipalities would choose to do so,” was presented for consideration. City Council voted 3-2 (Ayes: Bush, Rodriguez, Yamane and Nays: Morrison and Molina) providing direction to the City Attorney to return with a report. On April 4, 2023, the City Council authorized hiring Special Counsel to prepare an opinion regarding the ability for General Law Cities to hold a Primary Election.
Attached as Exhibit A is a copy of the legal opinion addressing the issue of whether a General Law City can hold a Primary Election. In summary, the opinion indicates that General Law Cities do not have the legal authority to hold Primary Elections. The opinion provides that the Council have the following options:
1. Seek legislative change.
2. Pursue adoption of a city charter.
The purpose of this hearing is to discuss the legal opinion and consider whether the Council wishes to pursue any of the options set forth in the opinion. Should the Council not wish to pursue any of the options, the Council can simply accept and file the report.
FINANCIAL STATEMENT:
Establishing a primary voting system for National City through either of the presented options would likely result in additional election costs for the City. Pursuing legislative change to achieve establishing a primary voting system would likely have a small cost associated with it, while the creation and adoption of a city charter would result in an as yet undetermined more significant expense for the City.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A – Legal Memorandum
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ALEKS GIRAGOSIAN | (213) 542-5734 | [email protected] 440 STEVENS AVENUE, SUITE 200, SOLANA BEACH, CALIFORNIA 92075 | (858) 682-3665 GRASS VALLEY | PASAD ENA | SACRAMENTO | S OLANA BEACH | SONOMA 307030.v5
MEMORANDUM
TO: Mayor and City Council
Barry J. Schultz, City Attorney
FILE NO: 44002.0005
FROM: Aleks. R. Giragosian, Esq.
Ephraim S. Margolin, Esq.
DATE: May 2, 2023
CC: Shelley Chapel, City Clerk
RE: Authority to Hold Primary Elections
EXECUTIVE SUMMARY
This memorandum addresses whether a general law city has the legal authority to hold local primary elections for City Council. We conclude it does not. If the City wishes to hold primary elections, it may seek legislation or become a charter city if voters approve a charter.
GENERAL LAW CITIES ARE NOT AUTHORIZED TO HOLD PRIMARY ELECTIONS A primary election “results in nominations rather than final elections to office.”1 The purpose of a primary election “is to provide the machinery for the selection of candidates to be voted for in the ensuing general election. … The election of a candidate to office is not contemplated by that act. ”2 No general law cities in California hold primary elections for local offices.
1 Cummings v. Stanley (2009) 177 Cal.App.4th 493, 509.
2 McClintock v. Abel (1937) 21 Cal.App.2d 11, 13.
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307030.v5
The California Constitution provides for charter cities 3 and general law cities. 4 National City is a general law city.
“[I]n contrast to a charter city, a general law city governed by Arti cle XI, section 7, lacks the plenary authority over municipal affairs granted to charter cities by Article XI, section 5, subdivision (a). … A general law city has only those powers expressly conferred upon it by the Legislature, together with such powers as are necessarily incident to those expressly granted or essential to the declared object and purposes of the municipal corporation. The powers of a general law city are strictly construed, so that any fair, reasonable doubt concerning the exercise of a p ower is resolved against the corporation.”5
The California Constitution is silent as to primary elections for city offices. The only mention of primaries is in Article 2 , Section 5 of the California Constitution : “A voter-nomination primary election shall be conducted to select the candidates for congressional and state elective offices in California.” Nor does the Elections Code authorize primary elections for local offices. Instead, Elections Code section 10220 states: “voters may nominate candidates for election by signing a nomination paper. Each candidate shall be proposed by not less than 20 nor more than 30 voters in a city of 1,000 registered voters or more, … but only one candidate may be named in any one nomination paper … .” Since the purpose of a primary election is to nominate candidates for office, the Elections Code provides this nomination process, and general law city powers strictly construed, we conclude the City lacks authority to conduct primary elections.
3 Cal. Const., art. XI, § 5.
4 Cal. Const., art. XI, § 7.
5 Cawdrey v. City of Redondo Beach (1993) 15 Cal.App.4th 1212, 1224, fn. 6 (italics, quotations, and citations omitted).
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307030.v5
OPTIONS TO PURSUE PRIMARY ELECTIONS
a. Legislation
General law cities determine the winning candidate after a single election based on a plurality election system, also known as “winner-take-all” or “first-past-the-post,” which gives victory to the candidate with the most votes, whether or not a majority (50 percent plus one). Elections Code section 15450 states:
A plurality of the votes given at any election shall constitute a choice where not otherwise directed in the California Constitution, provided that it shall be competent in all charters of cities, counties, or cities and counties framed under the authority of the California Constitution to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefore.
Critics argue a plurality election system has these drawbacks:
The majority of the electorate may have voted for other candidates; Candidates elected with less than a majority may have a weak mandate, reducing their ability to govern; and
It may encourage insincere voting, where members of the electorate vote with the intention of preventing a candidate from winning, as opposed to voting for the candidate that best represents their preferences.6 Some alternatives to the plurality elections system are the primary, two-round runoff, or ranked -choice-voting election systems — all requiring victors to garner a majority of votes cast. Since 2006, many bills have been introduced to authorize general law cities to adopt these alternative election systems, but all either failed passage in the Legislature or were vetoed, including:
SB 596 (Bowen, 2006),
AB 1294 (Mullin and Leno, 2007),
AB 1121 (Davis, 2009),
6 Sen. Rules Com., Off. of Sen. Floor Analyses, veto of Sen. Bill No. 1288 (2015–2016 Reg. Sess.), as amended on Aug. 1, 2016.
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307030.v5
SB 2732 (Eng, 2010),
SB 1346 (Hancock, 2010),
SB 1288 (Leno, 2016), and
SB 212 (Allen, 2019).
Governor Brown and Governor Newsom both justified vetoes, claiming these alternative methods would confuse voters and depress turnout .7 Some legislators have even introduced bills, such AB 2808 (O ’Donnell, 2022), to prohibit charter cities from instituting rank choice voting for these same reasons. To date, all such legislation has failed.
b. Adopting a City Charter
A city charter provides the City with greater flexibility to control matters deemed to be “municipal affairs.” Article XI, section 5(a) of the California Constitution states:
It shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters, they shall be subject to general laws.
City Council elections are municipal affair s. Article XI, section 5, subdivision (b), provides:
It shall be competent in all city charters to provide, in addition to those provisions allowable by this Constitution, and by the laws of the State for:
… (3) conduct of city elections and (4) plenary authority is hereby granted, subject only to the restrictions of this article, to provide therein or by amendment thereto, the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or appointed, ….
7 Sen. Rules Com., Off. of Sen. Floor Analyses, veto of Sen. Bill No. 1288 (2015–2016 Reg. Sess.), as amended on Aug. 1, 2016; Sen. Rules Com., Off. of Sen. Floor Analyses, vote of Sen. Bill No. 212 (2019–2020 Reg. Sess.), as amended on Sept. 5, 2019.
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“California courts have alrea dy determined that the conduct of municipal elections is a municipal affair and subject to municipal control.”8
State law may preempt charter cit ies’ authority to control local elections if a statewide interest (like nondiscrimination) is shown . But court s must first engage in a four-step evaluation proce ss to ascertain whether the subject matter is of statewide concern.9 To date, a court has not applied the four-step evaluation process to the issue of whether primary , two -round runoff, or ranked choice voting elections systems are preempted under state law.10
i. Primary Elections
Many charter cities provide for primary elections, including National City ’s neighbors San Diego and Chula Vista and such others as Sacramento and Stockton. ii. Two-round Runoff Elections System
A primary election system and a two -round runoff election system are similar in that they both contemplate two rounds of voting. However, unlike a primary , a two - round runoff elections system may result in an election in the first round of voting. In such elections, if no candidate receives over 50 percent of the vote, a second election is held between the top two recipients of votes. This is the system used for county officials.
While general law cities cannot organize a traditional two -round runoff election, they can hold a runoff to resolve a tie vote. 11 In contrast, charter cities do have the authority to organize two -round runoff elections per Elections Code section 15450 . Los Angeles, San Diego, San Jose, and Sacramento use this system.
8 Mackey v. Thiel (1968) 262 Cal.App.3d 362, 365; Socialist Party v. Uhl (1909) 155 Cal. 776, 788 (election procedures to nominate city officers).
9 Yumori-Kaku v. City of Santa Clara (2020) 59 Cal.App.5th 385, 430. 10 Edelstein v. City and County of San Francisco (2002) 29 Cal.4th 164, 173 (issue mentioned, but not adjudicated). 11 Elec. Code, § 15651, subd. (b).
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iii. Ranked Choice Voting Elections System
Ranked choice voting , also called “instant-runoff voting, ” asks voters to rank candidates for each office and the ballots are counted in consecutive r ounds. Unlike primaries and two -round runoff election systems, ranked choice voting only contemplates one election.
In this system, no voter may vote twice, and no vote is counted twice. For single winner elections, in the first round, every ballot coun ts as a vote towards the candidate indicated by the highest ranking on that ballot. After every round, if a candidate receives a majority of votes from the continuing ballots, that candidate is declared elected. If no candidate receives a majority, the can didate receiving the smallest number of votes is eliminated, and every ballot counting towards that candidate will be advanced to the next-ranked continuing candidate on the ballot.
For an election to elect two or more candidates to office, a minimum threshold of votes necessary to be elected will be determined according to a specified formula. All ballots are counted and each ballot is allocated as a vote to the candidate receiving the highest ranking. Each candidate that receives the minimum threshold of votes necessary to be elected will be declared elected. San Francisco, Oakland, Berkeley, Albany, Eureka, Palm Desert, and San Leandro use this system.
CONCLUSION
As a general law city, National City cannot organize primary elections and must follow the Elections Code’s single election, plurality method of determining a winning candidate. The City may seek legislation, but seven bills since 2006 have failed. The City may also adopt a charter and consider options to establish a majoritarian election system, including, but not limited to, primary, two-round runoff, and ranked choice voting election systems. Charter adoption requires a detailed notice and hearing procedure and approval by a majority of City voters participating in an election on the subject.
If you would like more information, regarding the issues discussed in this memo, please contact Aleks Giragosian at (213) 542-5734 or [email protected]. Thank you for the opportunity to assist.