CC RESOLUTION 5190RESOLUTION NO. 5190
A RESOLUTION ADDING A PROPOSITION TO THE BALLOT FOR THE
PREVIOUSLY CALLED MARCH 3, 2020 ELECTION PURSUANT TO
GOVERNMENT CODE §§ 36508-36510
A. The City Treasurer of the City of EI Segundo is currently an elective
position that can only be filled by a resident elector of the City, willing to
stand for election to the position;
B. The position is an important function within the City requiring substantial
technical expertise and time commitment;
C. Government Code section 36508 authorizes the City of EI Segundo to
submit to the electors the question of whether the office of City Treasurer
should be made an appointive office;
D. Government Code section 36510 provides that if a majority of the votes
cast on the proposition is for it, either the City Council or the City
Manager (if authorized by ordinance) shall appoint such officer at the
expiration of the term of the officer then in office; and
E. The City Council of the City of EI Segundo has determined that it is in
the best interest of the City and its citizens that its voters be asked to
make the position of City Treasurer appointive and if that measure does
not pass, to having the voters to elect a City Treasurer in order to ensure
that this position is filled.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Pursuant to Government Code § 36508, the City Council submits to the
electors the following question to be placed before the voters at the March 3, 2020
election:
Shall the office of City Treasurer be appointed, with the first appointment to
be made upon the earlier of (i) the expiration of the term of office of the Yes ❑
person elected to serve as City Treasurer at the March 3, 2020 General
Municipal Election; or (ii) a vacancy in such office? No ❑
SECTION 2: If the measure receives a majority of the votes cast on it at the election, the
City Council shall enact the ordinance attached as Exhibit "A," and incorporated by
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reference, which is approved by the City Council through adoption of this Resolution. The
ordinance is to be printed with the ballot materials.
SECTION 3: The ballot measure will be designated as Measure T on the ballots, unless
it must be otherwise designated to accommodate the consolidation of the City's election
with other elections.
SECTION 4: Pursuant to Election Code section 10403, the City Council requests the Los
Angeles County Board of Supervisors to permit the Registrar -Recorder's office assist in
all required election services in the conduct of this election and authorizes the City
Manager to enter into an agreement for compensation of those services.
SECTION 5: The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
SECTION 6: The City Council authorizes the City Clerk to administer said election and
all reasonable and actual election expenses shall be paid by the City upon presentation
of a properly submitted bill.
SECTION 7: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED RESOLUTION No. 5190 this 19th day of November, 2019.
ATTEST:
Tracy "Weav
City Clerk
APPROVED AS TO FORM:
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Mark D. Hensley,
City Attorney
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Drew Boyle: � rc
Mayor
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5190 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 19th day of November, 2019, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council
Member Pimentel, and Council Member Nicol
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of December,
2019.
Tra Weaver, City Clerk
of the City of EI Segundo,
California
Exhibit A
Article C. City Treasurer.
Sec. 1-5C-1. Appointment of City Treasurer.
A. As authorized under Government Code Section 36510,
the power to appoint the City Treasurer shall be vested
in the City Manager and such appointee shall serve at
the pleasure of the City Manager. The foregoing
notwithstanding, the City Council, by subsequent
ordinance, reserves the right to vest all authority to
appoint the City Treasurer in itself to the fullest extent
authorized under Government Code Section 36510.
B. Pursuant to Government Code Sections 36508 through
36510, EI Segundo voters at the City of EI Segundo
General Municipal Election of March 3, 2020 approved
a City -initiated ballot measure which converted the
elected office of City Treasurer to an appointive office.
In so far as the voters of the City of EI Segundo also
elected a City Treasurer at the City's General Municipal
Election of March 3, 2020, the first appointment to the
office of City Treasurer as authorized under subsection
(A), above, shall be made upon the earlier of the
following: (i) upon the expiration of the term of office of
the person elected to serve as City Treasurer at the
March 3, 2020 General Municipal Election; or (ii) a
vacancy of such office.
Sec. 1-5C-2. Appointee Qualifications.
A. Any person appointed to serve in the capacity of City
Treasurer must be an employee of the City who meets
such professional qualifications as may be established
and, from time -to -time, modified by the City Manager
acting in consultation with the City Council.
B. As provided under Government Code Section 36510,
the person appointed to serve as City Treasurer need
not be a resident of the City of EI Segundo.
Section 1-5C-3. Duties of City Treasurer.
A. The City Treasurer shall perform all such duties as may
be imposed by State law or by this Code.
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Exhibit A
B. Pursuant to Government Code Section 36518, the City
Treasurer shall execute a bond in an amount to be
fixed by resolution of the City Council.
SECTION 3. EI Segundo Municipal Code section 1-4A-1 is amended as follows:
1-4A-1: GENERAL MUNICIPAL ELECTIONS:
Beginning in March 2020, general Municipal elections for the election of
Council members, and the City Clerk and th sky e rte, and for such
purposes as the City Council may prescribe, will be held in the City on the
first Tuesday after the first Monday in March in each even -numbered year.
SECTION 4. Subsection (E) of EI Segundo Municipal Code section 1-5A-7 is amended
as follows:
"E. Appointment And Demotion Duty: It shall be the duty of the City Manager
to and he shall appoint, remove, promote and demote any and all officers
and employees of the City except the City Clerk, and the City Attorney
Git y TF8aS Fe 01
SECTION 5. Pursuant to Government Code Section 36510, the City Council by approval
of this Ordinance by both the EI Segundo voters and the City Council exercises the City
Council's right to vest authority in the City Manager to appoint the City Treasurer. The
foregoing notwithstanding, voters of the City of EI Segundo and the City Council approve
this ordinance subject to the right of the City Council to later vest the appointment
authority back to the City Council by subsequent ordinance of the City Council.
SECTION 6. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by a court of competent jurisdiction, the City Council
intends that such invalidity will not affect the effectiveness of the remaining provisions or
applications and, to this end, the provisions of this Ordinance are severable.
SECTION 7. The Mayor will sign this Ordinance and the City Clerk will attest and certify
to the passage and adoption of this Ordinance if a majority of the voters voting in the
City's general election on March 3, 2020 approve the proposition asking whether the City
Treasurer office shall be made appointed. The City Clerk shall timely cause the same to
be published once in the official newspaper.
SECTION 8. This Ordinance shall become effective upon the certification of an
affirmative majority vote of the City voters at the March 3, 2020 General Municipal
Election.
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Exhibit A
PASSED AND ADOPTED this day of 12019.
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
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Drew Boyles, Mayor