RESOLUTION NO. ___-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL,
CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF PLEASANT HILL A MEASURE AMENDING CHAPTER 2.20 (CITY TREASURER) OF
TITLE II (ADMINISTRATION) OF THE PLEASANT HILL MUNICIPAL CODE TO
CHANGE THE OFFICE OF CITY TREASURER FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE; REQUESTING THE CONTRA COSTA COUNTY BOARD OF
SUPERVISORS CONSOLIDATE THE MUNICIPAL ELECTION ON THIS LOCAL MEASURE WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2022;
AND SETTING RULES AND DEADLINES FOR THE SUBMITTAL OF ARGUMENTS FOR
AND AGAINST THE MEASURE
WHEREAS, , the office of the City Treasurer required by California Government Code section 36501(c) is currently an elected office in Pleasant Hill; and WHEREAS, the office of City Treasurer stands for election every four years, the last election for this office being scheduled November 3, 2020 and the current term for this office expiring in November, 2024; and
WHEREAS, California Government Code sections 36508 and 36510 provide that:
“At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers, or any of them except council members, shall be appointed by the city council; provided, however, that the city council shall not submit such question to the electors more often than once in an 11-month period.
. . . . .
If a majority of the votes cast on the proposition is for it, the city council shall appoint such officers at the expiration of the terms of the officers then in office, and on a vacancy in any such office. Such officers shall hold office during the pleasure of the city council and, notwithstanding [Government Code] Section 36502 to the contrary, are not required to be residents or electors in the city. The city council may by ordinance vest in the city manager its authority to appoint such officers.” WHEREAS, California Elections Code section 9222 authorizes the City Council to submit local measures to the voters; and
WHEREAS, the City Council desires to submit to Pleasant Hill voters a measure that would change the office of City Treasurer from an elected office to an appointed office upon the measure receiving a majority of the votes of the qualified voters in Pleasant Hill; and WHEREAS, the question of an appointed City Treasurer has not been submitted to Pleasant Hill voters within the last 11 months; and
WHEREAS, there have been no boundary changes to the City of Pleasant Hill; WHEREAS, it is to the advantage of the City to consolidate the Municipal Election for the ballot measure described herein with the Statewide General Election to be held on November 8, 2022 pursuant to California Elections Code sections 10002 and 10400 et seq.; and WHEREAS, the City Council further desires to set rules and deadlines for the submittal of written arguments and rebuttals for and against the measure; and WHEREAS, the specific terms of the measure are provided for in the ordinance to be considered by the qualified voters, attached hereto as Exhibit “A” (the “Ordinance” or “Measure”) and by this reference made an operative part hereof, and in accordance with all applicable laws.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:
SECTION 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein, and by this reference made an operative part hereof.
SECTION 2. Submission of Ballot Ordinance/Measure. The City Council of the City, pursuant to its right and authority as contained in California Elections Code section 9222 and Government Code section 36508, hereby orders the Ordinance/Measure attached hereto as Exhibit “A” to be submitted to the qualified voters of the City at the General Municipal election to be held and consolidated with the Statewide General Election on Tuesday, November 8, 2022. The proposed Ordinance shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein.
SECTION 3. Ballot Question. The City Council, pursuant to its right and authority under California Government Code section 36509(c), does hereby order that the ballot question shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the election to be held at the General Municipal election to be consolidated with the Statewide General Election on Tuesday, November 8, 2022, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
“Shall the office of City Treasurer be appointive?”
YES
NO
SECTION 4. Election Procedures/Request for Consolidation.
A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 8, 2022, and to hold and conduct the consolidated election in the manner prescribed in Election Code section 10418.
B. The ballots to be used at the election shall be in the form and content as required by law.
C. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of Contra Costa County is hereby requested to consolidate the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 8, 2022, and to issue instructions to the Registrar of Voters to render any and all election services to the City of Pleasant Hill necessary for the holding of the consolidated election.
D. The City of Pleasant Hill recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for the actual costs incurred in conducting the election upon receipt of a bill stating the amount due as determined by the County Elections Official.
E. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City in the manner proscribed in Election Code section 10418.
F. Notice of the time and place of holding the election is 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 5. Arguments and Analysis.
A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including August 24, 2022 at 5:00 p.m. after which no arguments for or against the measure may be submitted to the City Clerk. Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
B. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the ballot pamphlet along with the ballot measure as provided by law. The Impartial Analysis shall be filed by August 19, 2022, at 1 p.m.
The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (925) 671-5221 and a copy will be mailed at no cost to you.”
SECTION 6. Rebuttals.
A. That pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 29, 2022 at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
B. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.
C. That the provisions herein shall apply only to the election to be held on November 8, 2022, and shall then be repealed.
SECTION 7. Placement on the Ballot. The full text of the Ballot Measure shall be printed in the voter pamphlet, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this ordinance, the Ballot Ordinance and/or ballot measure, at no cost, upon request made to the City Clerk.
SECTION 8. Delivery of Resolution to County. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors of Contra Costa County and to the Registrar of Voters of Contra Costa County not later than August 12, 2022.
SECTION 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.
(Signatures on next page)
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on this 27th day of June, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
__________________________________
DANIELLE K. HABR, City Clerk
EXHIBIT A
ORDINANCE NO. ____
AN ORDINANCE OF THE PEOPLE OF THE CITY OF PLEASANT HILL, CALIFORNIA, AMENDING CHAPTER 2.20 (CITY TREASURER) OF TITLE II (ADMINISTRATION) OF
THE PLEASANT HILL MUNICIPAL CODE TO CHANGE THE OFFICE OF CITY TREASURER FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE.
NOW THEREFORE, THE PEOPLE OF THE CITY OF PLEASANT HILL DO ORDAIN AS FOLLOWS:
SECTION 1. Subject to the approval of a majority of the voters of the City of Pleasant Hill at the scheduled election so designated by the City Council in a separate resolution placing this proposal on the ballot for such election, section 2.20.010 of Chapter 2.20 of Title 2 of the Pleasant Hill Municipal Code is hereby amended to read as follows:
"TITLE II: ADMINISTRATION.
Chapter 2.20
City Treasurer
2.20.010 Position.
As of the November 5, 2024 Municipal Election, Tthe office of the city treasurer shall cease to be elected as provided by law and shall become an appointive office. Pursuant to California Government Code section 36510, such appointive officer shall hold office during the pleasure of the City Council and, notwithstanding Government Code section 36502 to the contrary, shall not be required to be a resident or elector in the City. The City Council may by subsequent ordinance vest in the City Manager its authority to appoint such officer.”
2.20.020 Compensation.
The city treasurer is entitled to compensation fixed by resolution of the city council.” SECTION 2. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.
SECTION 3. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of Pleasant Hill which are in conflict with any provision of this Ordinance.
SECTION 4. This section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at a General Municipal Election, or at a special election called for that purpose.
SECTION 5. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Pleasant Hill voting at a General Municipal election to be held on November 8, 2022, and shall take effect ten (10) days after the City Council has certified the results of the General Municipal election by resolution.
SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 8, 2022, by signing where indicated below.
I hereby certify that the foregoing Ordinance was passed, approved and adopted by the People of the City of Pleasant Hill on the 8th day of November, 2022.
Dated: _______________________ ______________________________ MICHAEL G. HARRIS, OD, Mayor
ATTEST:
______________________________
DANIELLE K. HABR, City Clerk