Ordinance No. 1003 - Amending Municipal Code Sect. 1.12.010, Changing the Date of the City's General Municipal Election from the 1st Tues. after the 1st Mon. to the Date of Statewide Primary Election in Even-Numbered Years in Response to SB 970ORDINANCE NO. 1003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING MUNICIPAL
CODE SECTION 1.12.010, CHANGING THE DATE OF THE
CITY'S GENERAL MUNICIPAL ELECTION FROM THE
FIRST TUESDAY AFTER THE FIRST MONDAY IN
MARCH OF EACH EVEN -NUMBERED YEARS TO THE
DATE OF THE STATEWIDE PRIMARY ELECTION IN
EVEN -NUMBERED YEARS IN RESPONSE TO SENATE
BILL 970, AND ADJUSTING THE TERMS OF OFFICE
ACCORDINGLY
WHEREAS, the City of Rosemead was required under Senate Bill 415, which is also
known as the California Voter Participation Rights Act (Election Code Sections 14050-14057), to
change the date of the City's General Municipal Election to coincide with statewide election dates
no later than the November 8, 2022; and
WHEREAS, in November 2017, the Rosemead City Council adopted Ordinance No. 976
to consolidate the General Municipal Election with the statewide primaries to be held in March of
even -numbered years beginning in 2020 pursuant to the provisions of the Election Code.
WHEREAS, in October 2020, the California Legislature passed Senate Bill 970, which
changed the date of the statewide primary to the first Tuesday after the first Monday in June of
even -numbered years with non -presidential primary years, while keeping the March date, in even -
numbered, presidential primary election years; and
WHEREAS, the Rosemead City Council will remain in compliance with Senate Bill 415
by changing the date of the General Municipal Election to the date of the statewide primary
election of each even -numbered years; and
WHEREAS, the California Legislature's recent passage of Senate Bill 590 extends any
terms of office set to expire in March of 2022, where the next scheduled regular election for the
office has been consolidated with the 2022 statewide primary election, until the certification of
election results from the June 2022 statewide primary election; and
WHEREAS, it is necessary to extend the terms of the incumbents' that would have been
scheduled for election in March 2022 for an additional three months to coincide with the next
statewide primary election of 2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Change of Election Day. Pursuant to Sections 1000 and 1301 of the
California Elections Code, as of June 2022, the City' general municipal election shall be moved
from the first Tuesday after the first Monday in March of each even -numbered years to the date of
the statewide primary election in even -numbered years to coincide with the statewide primary
election.
SECTION 2. Code Amendment. Section 1.12.010 of the Rosemead Municipal Code is
hereby amended to read:
"1.12.010 - General Election
Pursuant to Section 1301 and 10403.5 of the California Elections Code and as authorized thereby,
the City's general elections shall, commencing on the next statewide primary election of 2022 and
henceforth, be held on statewide primary election date in even -numbered years."
SECTION 3. Adjustment to Terms of Office. In accordance with Senate Bill 590,
section 1305 in the California Elections Code, where the next scheduled regular election for that
office has been consolidated with the 2022 statewide primary election, shall be extended to expire
following the certification of election results from the 2022 statewide primary election and the
administration of the oath of office to the newly elected officeholder.
SECTION 4. Consolidated Election. Pursuant to Section 1301 and 10403.5 of the
California Elections Code, the City hereby requests the County of Los Angeles approve this
Ordinance and allow for consolidation of the City's general municipal election with the statewide
direct primary election conducted -by the County in statewide primary elections of each even -
numbered year, beginning June of 2022.
SECTION 5. Effective Date. This Ordinance shall become operative upon approval by
the Los Angeles County Board of Supervisors as provided by California Elections Code Sections
1301(b)(1) and 10403(a)(1).
SECTION 6. Notice to Voters. Pursuant to Section 10403.5(e) of the California Elections
Code, within 30 days after this Ordinance becomes operative, the City elections official shall cause
notice to be mailed to all registered voters informing the voters of the change in the election date
made by this Ordinance and that, as a result of the change in election date, the terms of office of
City Officeholders will be extended.
SECTION 7. Request to the County. The City Clerk shall forward a copy of this
Ordinance to the Los Angeles County Board of Supervisors with a request that it be approved
pursuant to California Elections Code Sections 1301 and 10403.5.
SECTION S. Severability. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 9. Publication. The City Clerk is directed to certify this Ordinance and cause
it to be published in the manner required by law.
SECTION 10. Effective Date. Pursuant to Government Code Section 36937, this
Ordinance will be effective immediately after adoption.
PASSED, APPROVED AND ORDAINED this 12'h day of October, 2021.
APPROVED AS TO FORM:
Rachel Richman, City Attorney
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Polly Lo yor
ATTEST:
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Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1003 was introduced
for first reading at the regular meeting of September 28, 2021. Said Ordinance was approved
and adopted by the City Council of the City of Rosemead at a regular meeting held on the 12th day
of October, 2021, by the following vote:
AYES:
ARMENTA, CLARK, DANG, LOW, LY
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
NONE
Ericka Hernandez, City Clerk