CC - Item 5C - Introduction of Ordinance No. 1019 - Amending Municipal Code Sect. 1.12.010 - Moving the Date of the City's General Municipal Election from Statewide of Even-Numbered Years to the Date of Statewide General Election in Even-Numbered YearsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: SEPTEMBER 12, 2023
SUBJECT: INTRODUCTION OF ORDINANCE NO. 1019 — AMENDING
MUNICIPAL CODE SECTION 1.12.010 - MOVING THE DATE OF THE
CITY'S GENERAL MUNICIPAL ELECTION DATE FROM STATEWIDE
PRIMARY OF EVEN -NUMBERED YEARS TO THE DATE OF THE
STATEWIDE GENERAL ELECTION IN EVEN -NUMBERED YEARS
SUMMARY
On August 8, 2023, the City Council directed City staff to return with an ordinance to move the
City's General Election date from the staggered State Primary Election cycle of March/June of
even -numbered years to the Statewide General Election cycle of November of even -numbered
years. While there was consensus by the City Council to move the current staggered election
cycle to a November election cycle for consistency, there was no clarification on whether the
City Council would like the ordinance to be effective beginning with the November 2024 or
November 2026 election cycle. The proposed ordinance will also adjust the terms of office for
elected officeholders. City staff is seeking clarification for when the proposed ordinance should
be effective.
During the August 8, 2023 discussion, the City Council directed City staff to bring back an
ordinance for first reading to move the City's Municipal Election of March/June Primary
Election cycle to the Statewide General Election cycle of November of even -numbered years.
While the staff report of August 8, 2023, mentioned the potential move could occur beginning
with the November 2024 election cycle; the motion did not include which November election
cycle the ordinance should indicate.
If the City Council considers the first reading of Ordinance No. 1019, effective for the November
2024 election, the March 5, 2024, election will move to the next Statewide General Election for
November 5, 2024. If the City Council prefers the ordinance to be effective for the November
2026 election cycle, the regularly scheduled March 5, 2024, election will need to proceed as
scheduled.
AGENDA ITEM 5.0
City Council Special Meeting
September 12, 2023
Page 2 of 3
The proposed ordinance will also adjust the terms of office for elected officeholders accordingly
to comply with state law.
BACKGROUND
In November of 2017, to comply with Senate Bill (SB) 415, known as the California Voter
Participation Rights Act (CVPRA), the City Council adopted Ordinance No. 976 to change
Rosemead's General Municipal Election date to coincide with the March statewide primary
elections in even -numbered years beginning in 2020. On October 12, 2021, the City Council
adopted Ordinance No. 1003 to comply with SB 970, which changed the date of the statewide
primary election to June in even -numbered, non -presidential primary years while keeping the
March date in even -numbered, presidential primary election years.
As a result of the actions taken above, elections are held every two years in either March or June
of even -numbered years in a staggered fashion depending on a presential year or non -presidential
year election. The next City Municipal Election is slated for March 5, 2024.
CURRENT ELECTION CYCLE AND TERMS
March Primary Elections Presidential Years
Two Councilmembers 1 2024 1 2028 2032
June Primary Elections on -Presidential Years
Three Councilmembers 2026 2030 2034
STAFF RECOMMENDATION
That the City Council take the following actions:
1. Decide if the proposed ordinance in changing the City's election date to the Statewide
General Election be effective for the November 2024 or November 2026 election cycle;
and
2. Introduce for first reading, waive further reading, and approve by title only, Ordinance
No. 1019, entitled:
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 STATEWIDE
PRIMARY OF EACH EVEN -NUMBERED YEARS TO THE
DATE OF THE STATEWIDE GENERAL ELECTION IN EVEN -
NUMBERED YEARS AND ADJUSTING THE TERMS OF
OFFICE ACCORDINGLY
City Council Special Meeting
September 12, 2023
Page 3 of 3
LEGAL REVIEW
The proposed ordinance and staff report has been reviewed by the City Attorney.
FISCAL IMPACT
Once the proposed ordinance takes effect, the City must mail a notice of election date change to
all registered voters in the City of Rosemead. Based on the estimate provided by the Los Angeles
County Registered Recorder's Office and the increased cost of postage of $0.51 per mailer for
24,174 registered voters, the cost will be $12,328 which can be absorbed in the legal noticing
account 5450 for FY 23-24 budget.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
�W
Erick!Hernandez, City Clerk
Attachment A: Draft Ordinance No. 1019
Attachment B: City Council Staff Report Dated August 8, 2023
Attachment C: Draft Excerpt Minutes of August 8, 2023
Attachment A
Ordinance No. 1019
ORDINANCE NO. 1019
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
STATEWIDE PRIMARY ELECTION OF EACH EVEN -
NUMBERED YEARS TO THE DATE OF THE STATEWIDE
GENERAL ELECTION IN EVEN -NUMBERED YEARS 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 general election
of each even -numbered years; and
WHEREAS, it is necessary to extend the terms of two Council Members by eight months
from March to November, to align with a Statewide General Election cycle, and extend the terms
of three Council Members by five months from June to November, to align with a Statewide
General Election cycle in November.
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 , the City' general municipal election shall be moved
from the statewide primary election of each even -numbered years to the date of the statewide
general election in even -numbered years.
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 general election of
and henceforth, be held on statewide general election date in even -numbered years."
SECTION 3. Adjustment to Terms of Office. In accordance with section 1305 in the
California Elections Code, where the next scheduled regular election for those offices has been
consolidated with the statewide general election, shall be extended to expire following the
certification of election results from the statewide general 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 general election conducted by the County in statewide general elections of each even -
numbered year, beginning
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 8. 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 day of , 2023.
APPROVED AS TO FORM:
Rachel Richman, City Attorney
Steven Ly, Mayor
ATTEST:
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. 1019 was introduced
for first reading at the regular meeting of September , 2023. Said Ordinance was approved
and adopted by the City Council of the City of Rosemead at a regular meeting held on the day
of 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Attachment B
City Council Staff Report
Dated August 8, 2023
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGERV_ �_
DATE: AUGUST 8, 2023
SUBJECT: PUBLIC HEARING ON POTENTIALLY CHANGING THE CITY'S
MUNICIPAL ELECTION DATE FROM STATE PRIMARY ELECTIONS
TO THE STATE GENERAL ELECTIONS IN NOVEMBER OF
EVEN -NUMBERED YEARS
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On June 27, 2023, the City Council discussed the option of potentially moving the City's
General Municipal Election date from the staggered State Primary Election cycle of March and
June of even -numbered years to the Statewide General Election cycle beginning in November
2024 and continuing after that in even -numbered years. Furthermore, another option suggested
was to place a measure before the voters to decide if the current staggered election cycle should
be moved to a November election cycle for consistency. During the discussion, City staff was
directed to bring back a draft ordinance for review, and conduct community outreach to obtain
feedback if there is interested in changing the City's election cycle.
As a result of the community outreach and survey, seventy-eight responses were collected from
July 41 through August I", asking if the current City election date should be changed and who
should have authority to make that decision. Fifty-seven responses favored moving the current
staggered March and June Primary Election cycle to the Statewide General Election cycle in
November of even -numbered years. Twenty-one responses were not in favor of moving the
election cycle. In addition, among the seventy-eight responses, fifty-two responses were in favor
of voters having the authority to make the decision. Twenty-five responses were in favor of the
City Council making the decision to change an election date. The response total may not reflect
the seventy-eight total responses received if an individual skipped a specific question(s).
DISCUSSION
During the discussion of June 27, 2023 City Council meeting, then Mayor Pro Tem Ly proposed
the option of placing an initiative on the March 5, 2024, General Municipal Election, asking the
voters to decide changing the City's staggered State Primary Election cycle to a Statewide
General Election cycle commencing with the November 2026 election. The City Council
directed City staff to conduct community outreach and obtain feedback if there is community
interest in changing the City's current State Primary Election cycle to the Statewide General
Elections in November of even -numbered years.
AGENDA ITEM 3.A
City Council Meeting
August 8, 2023
Page 2 of 5
The City Council also discussed the option to move the current City's election cycle, upon its
own action by adopting an ordinance, to move Council elections to the Statewide General
Election cycle which could occur beginning November 2024.
Survey Results
The City Clerk's Office conducted outreach efforts starting with a survey from July 4a' and
closed August 1St. The survey was available and promoted on the City's social media platforms,
City website, and Rosemead This Week. Flyers and posters promoting the survey were
distributed at all City facilities, Rosemead Library, and Post Office. In addition, the City Clerk's
staff conducted informational attended the Farmers Market, a Concerts in the Park, a Community
Area Watch meeting, and conducted an in-person workshop. Lastly, a Public Hearing is
scheduled for August 86 to present the survey results and give members of the public an
opportunity to provide additional comments during the City Council meeting.
The following chart below represents how seventy-eight individuals responded to each question
on the survey:
Are you a registered voter in the City of Rosemead?
Should the City's current election dates of March and lune be changed to
57
21
If you believe the election date should be changed, who do you think should
have the authority to make this decision?
vote
Yes
18
Occasionally 12
A mspmse total in a question may nm reflect the 78 total responses received if m individwi skipped a specific question(s).
City Council Meeting
August 8, 2023
Page 3 of 5
If the City Council is considering changing the City's current election date from the State
Primary Election cycle of March and June to the Statewide General Election cycle in November
of even -numbered years, it can be done in two ways:
tion 1:
• Placing an initiative on the ballot for the March 5, 2024 election for voter consideration
to move the election date from Statewide Primary Election cycle to the Statewide General
Election cycle. The City Council must decide if a measure is placed on the ballot before
December 8, 2023 and submit it to the Board of Supervisors for approval to include it on
the ballot.
• If the measure is passed by the voters at the March 5, 2024 election, the next regular
General Municipal Election for the City of Rosemead will be for November 2026.
• Any consideration to move future election dates will have to be voted for by the voters.
Option 2:
• The City Council could change the election date from the Statewide Primary Election
cycle to the Statewide General Election cycle through an Ordinance.
• By adopting an Ordinance, the March 5, 2024, and future elections would be moved to
the Statewide General Election cycle beginning in November 2024.
In either option, a change of election date, will move all City Council office terms: two Council
Member terms will extend by eight months from March to November, and three Council
Member terms will extend by five months from June to November, to align with a Statewide
General Election cycle in November. City staff is seeking direction from the City Council on the
method the City Council would like to consider for changing the City's current election cycle.
Ballot Summary and Arguments
In addition to submitting the measure to the Board of Supervisors for consolidation, the City
Council will also need to consider some further actions as it relates to the ballot measure.
Ballot Title and Summary. The City Council may direct the City Attorney to prepare an
impartial analysis of the measure showing its legal effect and operation. The analysis may not
exceed 500 words and must include a statement indicating whether the measure was placed on
the ballot by a petition signed by the requisite number of voters or by the city council. (Cal. Elec.
Code § 9280.)
Ballot Arguments. For measures placed on the ballot by the City Council, the City Council, or a
member or members authorized by the City Council, or an individual voter who is eligible to
vote on the measure, or bona fide association of citizens, or a combination of voters and
associations, may file a written argument for or against any city measure. (Cal. Elec.
Code § 9282.)
City Council Meeting
August 8, 2023
Page 4 of 5
1. An argument may not exceed 300 words in length. (Cal. Elec. Code § 9282.)
2. Arguments must be submitted within 14 days from the calling of the election.
(Cal. Elec. Code § 9286.)
3. If more than one argument for or more than one argument against any city
measure is submitted, arguments shall be selected in accordance with the
following priority:
(a) The legislative body, or member or members of the legislative body
authorized by that body.
(b) The individual voter, or bona fide association of citizens, or
combination of voters and associations, who are the bona fide sponsors
or proponents of the measure.
(c) Bona fide associations of citizens.
(d) Individual voters who are eligible to vote on the measure.
(Cal. Elec. Code § 9287.)
Rebuttal Arguments. When an argument in favor and an argument against a measure have been
selected to be printed in the voter information guide, the elections official shall send a copy of
the argument in favor of the measure to the authors of the argument against the measure and a
copy of an argument against the measure to the authors of the argument in favor of the measure.
1. The author or a majority of the authors of an argument relating to a city
measure may prepare and submit a rebuttal argument or may authorize in
writing another person or persons to prepare, submit, or sign the rebuttal
argument.
2. Rebuttal arguments may not exceed 250 words.
3. Rebuttal arguments must be filed with the election official no later than 10
days after the final filing date for primary arguments. (Cal. Elec. Code §
9285.)
STAFF RECOMMENDATION
That the City Council discuss and provide direction to city staff.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the Califomia Environmental Quality
Act ("CEQA" ), and it can be seen with certainty that it will have no impact on the environment.
As such, this matter is exempt under CEQA.
City Council Meeting
August 8, 2023
Page 5 of 5
FISCAL IMPACT
It is estimated that the County election expense will be approximately $100,000, whether in
March or November of 2024 and will be budgeted in its respective fiscal year budget. In
addition, the City is required to mail a one-time notification of an election date change to 23,959
registered voters in the City. The one-time cost is expected to be at most $11,500, which
could be absorbed in the City Clerk Office FY 23-24 budget in the legal advertisement
Account.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Ericka Hernandez, City Clerk
Attachment A: Draft Proposed Ordinance
Attachment B: City Council Staff Report Dated June 27, 2023
Attachment C
City Council Draft Excerpt
Minutes Dated August 8, 2023
MAYOR: s E < City
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STEYENLY o
MAYOR PRO TEM: c
MARGARET CLARK s 8838 E. VALLEY BOULEVARD
COUNCIL MEMBERS: d ROS EMEAD, CALIFORNIA 91770
SANoRA AR wATELEPHONE (626) 5694100
SEAN DANG FAX (626) 307-9218
PoLLY Low
SUMMARY EXCERPT
CITY OF ROSEMEAD CITY COUNCIL
DRAFT MEETING MINUTES
AUGUST 8, 2023
The following is a draft summary excerpt from the meeting of the Rosemead City Council held on
August 8, 2023 at 7:00 p.m., in the Rosemead City Hall Council Chamber located at
8838 East Valley Boulevard, Rosemead, California.
Present: Mayor Ly, Council Members Armenta, Dang and Low
Absent: Mayor Pro Tem Clark
3. PUBLIC HEARING
A. Public Hearing on Potentially Changing the City's Municipal Election Date from
State Primary Elections to the State General Elections in November of
Even -Numbered Years
On June 27, 2023, the City Council discussed the option of potentially moving the
City's General Municipal Election date from the staggered State Primary Election
cycle of March and June of even -numbered years to the Statewide General Election
cycle beginning in November 2024 and continuing after that in even -numbered
years. Furthermore, another option suggested was to place a measure before the
voters to decide if the current staggered election cycle should be moved to a
November election cycle for consistency. During the discussion, City staff was
directed to bring back a draft ordinance for review, and conduct community
outreach to obtain feedback if there is interested in changing the City's election
cycle.
As a result of the community outreach and survey, seventy-eight responses were
collected from July 4`h through August 1s`, asking if the current City election date
should be changed and who should have authority to make that decision. Fifty-
seven responses favored moving the current staggered March and June Primary
Election cycle to the Statewide General Election cycle in November of even -
numbered years. Twenty-one responses were not in favor of moving the election
cycle. In addition, among the seventy-eight responses, fifty-two responses were in
favor of voters having the authority to make the decision. Twenty-five responses
were in favor of the City Council making the decision to change an election date.
Page 1 of 3
The response total may not reflect the seventy-eight total responses received if an
individual skipped a specific question(s).
Recommendation: That the City Council discuss and provide direction to City staff.
City Clerk Hernandez reported that at a previous meeting the City Council
discussed the potential of changing the City's Municipal Election from Statewide
Primary to Statewide General Election cycle. Furthermore, the City Council
requested that City staff conduct community outreach asking the public to provide
feedback on the option of potentially moving the City's General Municipal Election
from the State Primary Election cycle to the Statewide General Election cycle. An
online survey was created that resulted in fifty-seven responses, out of 78 favored
moving the current Staggered Election cycle to the Statewide General Election in
November of even -numbered years. Twenty-one responses were not in favor of
moving the election cycle. Twenty-one responses were not in favor of moving the
election cycle. In either option to change the election date, all City Council office
terms will extend either by eight months or five months respectively, to align with
a Statewide General Election cycle in November.
Mayor Ly stated he asked the City Attorney and City Clerk to provide additional
information of what the schedule would look like if the City had placed this on a
November 2023 election cycle, versus placing an item on a March 2024 election
cycle, versus what it will look like if the City adopted an ordinance and the costs
associated with that.
Mayor Ly opened the public hearing for public comments. There being no
comments, closed the public hearing.
Council Member Armenta stated that consistency was important and that the
election date should be moved to November even -number years. Expressed
concerns with the staggered election cycles that is causes confusion with voters.
She added the Senator Portantino also has put out a bill that city elections come
before all other elections, he it federal, state or county. She state that in reviewing
the options in moving an election, she would not like to spend $800,000 for a
special election, or a measurer that may no pass, that result in still keep the elections
staggered. Mrs. Armenta noted that the City is doing its due diligence in making
sure the City is being transparent, and thanked City Clerk staff for conducting the
survey online and at City events. She reiterated that for consistency, she would
prefer to move the election to a November of even -number years by ordinance and
not spend so much money on one question.
City Attorney Richman clarified the separate options presented and the cost of the
$800,000 is for a special stand -a -lone election, not for regular election cycles that
are consolidated.
Page 2 of 3
Council Member Low agreed with Council Member Armenta and stated she found
it confusing to hold elections in March and then June. It's important to keep
elections consistent. Mrs. Low reiterated that having an election in November
usually has higher voter participation. She expressed that passing an ordinance was
a better option financially.
Council Member Dang agreed with Council Member Armenta's and Council
Member Low's comments. He reiterated that normally November election have the
greatest turnouts. If elected officials are nested in the November election cycle, that
would represent the greatest numbers that elected officials represent.
Council Member Armenta added that a resident reached out to her comments were
incorporated along her own comments made at the beginning of the discussion.
Mayor Ly noted there was consensus from the City Council to move forward with
moving the election to a November election cycled of even -number years.
ACTION: Moved by Council Member Armenia and seconded by Council Member Low to direct
City staff to bring back an ordinance for first reading, to move the City's election to a November
of even -number years. Motion was carried by the following vote:
AYES:
Armenta, Dang, Low, and Ly
NOES:
Clark
ABSTAIN:
None
ABSENT:
None
End of minute excerpt
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