CHECK NO ACCOUNT VENDOR NAME FULL DESC AMOUNT
WARRANT REGISTER # 43
4/25/2024
SECTION 8 HAPS
Start Date End Date
4/12/2024 4/18/2024 $35,929.59
GRAND TOTAL $1,539,153.39
6/6
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 21, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Notice of and Calling for the Holding of a General Municipal Election, and Request for Consolidation with the Statewide General Municipal Election
RECOMMENDATION:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Providing Notice of and Calling for the Holding of a General Municipal Election for the Purpose of the Election of Certain Elected Officials and for the Submission to the Voters a Question Relating to a Citizen Initiative Regarding a Special Parcel Tax for Streets and Parks, and Requesting the San Diego County Board of Supervisors to Consolidate the Municipal Election with the Statewide General Municipal Election on Tuesday, November 5, 2024, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Section 10403 of the California Elections Code authorizes the City to place an election ballot on the same ballot as that provided for a Statewide Election, and to consolidate a General Municipal Election with a Statewide General Municipal Election, upon t he filing with the County Board of Supervisors of a resolution of t he City Council requesting the consolidation. The proposed resolution would satisfy the requirements of section 10403.
The City of National City would place on the ballot two (2) district City Council seats and one (1) citizen initiative qualified ballot measure, entitled “National City Special Parcel Tax for Streets and Parks,” to appear on the ballot as follows:
SHALL THE MEASURE ADDING A SPECIAL
PARCEL TAX IN THE CITY OF NATIONAL CITY TO
BE USED FOR STREET AND PARK PURPOSES,
WITH RATES BASED ON THE CHARACTER OF
THE PROPERTY AND EXEMPTING CERTAIN
TYPES OF PROPERTIES, TO BE COLLECTED
BEGINNING IN 2024, AND CONTINUING UNTIL
REPEALED BY THE VOTERS, WITH AN
OVERSIGHT COMMITTEE, GENERATING AN
ESTIMATED $1.7 MILLION DOLLARS ANNUALLY,
BE ADOPTED?
YES
NO
Pursuant to California Election s Code section 9282(a) “For measures placed on the ballot by petition, the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance.” Primary arguments for and against the ballot measure shall not exceed 300 words. In addition, pursuant to California Elections Code section 9285 rebuttal arguments, not exceeding 250 words, may be submitted to the City Clerk, where authorized by the legislative body. The resolution would also authorize the submittal of arguments in opposition to the measure and any related rebuttals.
The Registrar of Voters has estimated the cost to consolidate the election for the purpose of the Election of Certain Officials in the November 2024 Election to be $ 15,000 - $25,000 for two (2) district City Councilmember seats, and $55,000 - $75,000 per city measure. Staff recommends that the City Council approve an appropriation of up to $ 200,000 from the General Fund as part of the fiscal year 2024 -25 budget to cover the Registrar of Voters cost s, required legal publications, and translations, and supplies for the election process.
FINANCIAL STATEMENT:
Staff will provide the final cost of the election once the County Registrar has submitted their invoice, which generally occurs within 4 -5 months following the election. Staff will return to the City Council if costs exceed the appropriation of up to $200,000.
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:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
RESOLUTION NO. 2024 –
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
PROVIDING NOTICE OF AND CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL
ELECTION FOR THE PURPOSE OF THE ELECTION OF CERTAIN ELECTED OFFICIALS
AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO A CITIZEN
INITIATIVE REGARDING A SPECIAL PARCEL TAX FOR STREETS AND PARKS, AND
REQUESTING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE
THE MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the purpose of the election of one (1) member of the City Council to represent District 2 for a full-term of four (4) years, one (1) member of the City Council to represent District 4 for a full-term of four (4) years, and the submission to the voters a citizen initiative qualified ballot measure relating to a Special Parcel Tax for Streets and Parks; and
WHEREAS, it is desirable that the General Municipal Election be c onsolidated with the Statewide General Municipal Election to be held on the same date, that within the City the precincts, polling places, and election officers for the two elections be the same, and that the Registrar of Voters of the County of San Diego canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent to agree to the consolidation of a General Municipal Election with the Statewide General Municipal Election on Tuesday, November 5 , 2024, for the purpose of the election of one (1) member of the City Council to represent District 2 for a full-term of four (4) years, one (1) member of the City Council to represent District 4 for a full-term of four (4) years, and the submission to the voters a question related to the citizen initiative qualified measure on a Special Parcel Tax for Streets and Parks.
Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question related to the citizen initiative qualified Ballot Measure to appear on the ballot as follows:
SHALL THE MEASURE ADDING A SPECIAL
PARCEL TAX IN THE CITY OF NATIONAL CITY
TO BE USED FOR STREET AND PARK
PURPOSES, WITH RATES BASED ON THE
CHARACTER OF THE PROPERTY AND
EXEMPTING CERTAIN TYPES OF PROPERTIES,
TO BE COLLECTED BEGINNING IN 2024, AND
CONTINUING UNTIL REPEALED BY THE
VOTERS, WITH AN OVERSIGHT COMMITTEE,
GENERATING AN ESTIMATED $1.7 MILLION
DOLLARS ANNUALLY, BE ADOPTED?
YES
NO
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 pursuant to Elections Code sections 9282(a) and 9285(b), the City Council authorizes arguments in opposition of the measure and any related rebuttals.
Section 5. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
Section 6. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
Section 7. That the City Clerk is authorized, instructed and directed through the San Diego County Registrar of Voters 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 the election.
Section 8. That the City of National City recognizes that additional costs will be incurred by the County by reason of this co nsolidation and agrees to reimburse the County for any such costs.
Section 9. That the polls for the election shall be open at seven o’clock (7:00) a.m. of the day of the election and shall remain open continuously from that time until eight o’clock (8:00) p.m. of the same day when the polls shall be closed, pursuant to Elections Code section 10242, except as provided in section 14401 of the Elections Code of the State of California.
Section 10. That the Registrar of Voters may, subject to the requirements of this section and subject to such terms and conditions as the Registrar may prescribe, render specified services relating to the conduct of an election to any city or district the governing body of which has by resolution requested the Board of Supervisors for the County of San Diego to permit the Registrar of Voters of the County of San Diego to render such services.
1. The governing body of the city or district shall file with the Registrar of Voters a certified copy of the resolution of its governing body requesting the Board of Supervisors to permit the Registrar of Voters to render the specified services relating to the conduct of an election and agreeing that it will be bound by the requirements of this section and such terms and condition s as the Registrar of Voters may prescribe, and agreeing that it will reimburse the County in full for its costs and expenses in rendering such services.
2. The governing body of the city or district shall:
(a) In its resolution specify the services requested. (b) Deposit at least 60 days in advance of the election the Registrar of Voter’s estimate of the city or district‘s share of the elections cost. (c) Reimburse the County in full for the services performed upon presentation of a final invoice to the city or district.
(d) Include in its resolution an agreement to indemnify and hold harmless the County, its officers, agents and employees from expense of liability, including reasonable attorney’s fees, as the result of an election contest arising after conduct of an election.
3. If the Registrar of Voters decides that requested election services should not be rendered, the Registrar shall refer the matter to the Board of Supervisors for determination.
Section 11. 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 12. 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 13. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego in the time and manner required by law.
Section 14. That the City Clerk shall certify to the passage and adoption of this Resolution, and enter it into the book of original Resolutions of the City.
PASSED, and ADOPTED this 21st day of May, 2024.
________________________________
Ron Morrison, Mayor
ATTEST:
______________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 21, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Adoption of a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements for the Tuesday, November 5, 2024, Election.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements of Qualifications to be Submitted to the Voters at a Statewide General Municipal Election to be held on Tuesday, November 5, 2024.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate ’s statement. Ci ties in San Diego County are required to translate candidates’ statements into Spanish, Filipino, Chinese, and Vietnamese and have the translation available upon request. The 18 Cities share the cost of the elections , including translations, by consolidating with the County of San Diego Registrar of Voters.
The San Diego County Registrar of Voters has estimated the Tuesday, November 5, 2024, costs for candidate’s statements to be $1600 for Mayoral Candidates and $1 500 for City Councilmember Candidates for a 200-word statement. All candidates would be subject to the estimated fee, or would need to opt out by submitting a Candidate Statement for Qualification to the Office of the City Clerk. The Nomination Period for the Tuesday, November 5, 2024 , Statewide General Municipal Election opens Monday, July 15, 2024, and closes Friday, August 9, 2024. Once set , this fee cannot be revoked or modified after the seventh day prior to the opening of the Nomination Period or Monday, July 8, 2024.
FINANCIAL STATEMENT:
This action does not include fiscal impact as the Candidates will pay the exact costs billed to the City, and will reimburse the City if the cost is greater than the estimate. If the final cost is lower than the estimate, the City will refund the difference to the Candidate.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
RESOLUTION NO. 2024 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE’S STATEMENTS TO BE SUBMITTED TO THE VOTERS AT A STATEWIDE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024.
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: GENERAL PROVISIONS.
That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of National City, California on Tuesday, November 5 , 202 4, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate, and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candid ate, nor membership or activity in partisan political organizations.
The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are returned for filing. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
Section 2: FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act 1965 (as amended), and in accordance with a Memorandum of Agreement between the County of San Diego and the United States Department of Justice, cities in San Diego County are required to translate candidate’s statements into the following languages: Spanish, Vietnamese, Filipino and Chinese, and to have translations available upon request.
B. Pursuant to State Law, the candidate’s statements must be translated and printed in any language at the candidate’s request.
C. The City Clerk shall have translated those statements into the languages as requested by the candidate and those listed in subsection (A) above.
D. The San Diego County Registrar of Voters will print and mail voter information guides and translate into Spanish, Vietnamese, Filipino and Chinese to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The Registrar of Voters will make the voter information guides and candidate ’s statements in the requir ed languages available at all polling places, on the County’s website, and in the Election Official’s office.
Section 3: PAYMENT.
Translations: The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in Section 2 above pursuant to Federal and/or State law.
Printing: The candidate shall be required to pay for the cost of printing the candidate’s statement in English and the required languages, as specified in Section 2, in the sample ballot pamphlets and any language the candidate requests as an option by the candidate.
The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Federal Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency the estimated pro rata share costs to be $1600 for Mayoral Candidates and $1500 for City Councilmember Candidates as a condition of having their statement included in the voter's pamphlet. The estimated amount is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
Section 4: MISCELLANEOUS.
A. All translations shall be provided by professionally-certified translators.
B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
Section 5: ADDITIONAL MATERIALS.
No candidate will be permitted to include additional materials in the voter information guide.
Section 6: COPY OF RESOLUTION.
That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.
Section 7: REPEAL OF PREVIOUS RESOLUTIONS.
That all previous resolutions establishing City Council policy on payment for candidate’s statements are repealed.
Section 8: APPLICABILITY.
That this Resolution shall apply only to the election to be held on November 5, 2024, and shall then be repealed.
Section 9: CERTIFICATION BY CITY CLERK.
That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 21st day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, May 21, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Adoption of a Resolution Providing Conduct of a Special Runoff Election in the Event of a Tie Vote
RECOMMENDATION:
Adopt the Resolution Entitled, “ A Resolution of the City Council of the City of National City, California, Providing for the Conduct of a Special Runoff Election for Elective Offices in the Event of a Tie Vote at any Municipal Election.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Section 15651 of the California Elections Code authorizes the City Council, by a majority vote, to adopt provisions to require the Conduct of a Special Runoff Election to Resolve a Tie Vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office.
FINANCIAL STATEMENT:
There is no cost associated with the adoption of this resolution. Should a special runoff election be required, information regarding the cost of the election and necessary budgetary actions would be brought to the City Council for review and approval.
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:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A - Resolution
RESOLUTION NO. 2024 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE
OFFICES IN THE EVENT OF A TIE VOTE AT THE STATEWIDE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 15651(b) of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That pursuant to Section 15651(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, there shall be held within the City a S pecial Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less than forty (40) nor more than one -hundred twenty-five (125) days after the administrative or judicial certification of the election which resulted in a tie vote.
Section 2: That this Resolution shall apply only to the election to be held on Tuesday, November 5, 2024, and shall then be repealed.
Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 21st day of May, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.
Requesting Member of City Council: Council Member Rodriguez Today’s Date: Tuesday, April 30th, 2024
Is this matter considered Time-Sensitive by another entity deadline? Yes
WRITTEN REQUEST
I, Council Member Rodriguez hereby request that the following item be placed on the National City Council meeting agenda for consideration on Tuesday, May 7th.
Adopt resolution for the City of National City to Support California Senate Bill 915 (Dave Cortese), the Autonomous Vehicle Services Deployment and Data Transparency Act prioritizing local control in the decision to deploy autonomous vehicle services.