CC - Item 5C - Second Reading & Adoption of Ordinance 1019 - Amending RMC Section 1.1.12.010, Moving the City's General Municipal Election Date from Statewide Primary to Statewide General in Even-Numbered Years Beginning with November 3, 2023 ElectionROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER 3r
DATE: SEPTEMBER 26, 2023
SUBJECT: SECOND READING AND ADOPTION 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 BEGINNING WITH THE NOVEMBER 3, 2026
ELECTION
SUMMARY
On September 12, 2023, the City Council introduced for first reading, 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 beginning with the November 3, 2026 election.
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. 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.
On September 12, 2023, the City Council introduced the first reading 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 beginning with the November 3, 2026 election cycle.
Ordinance No. 1019 will also adjust the terms of office for elected officeholders accordingly to
comply with state law.
AGENDA ITEM 5.0
City Council Meeting
September 26, 2023
Page 2 of 4
General Referendum Procedures
During the discussion on this item at the previous Council meeting, it was requested the
information be involved in the staff report to address the electorates authority to subject the
Council adoption of the election change ordinance to a referendum vote.
Generally, an ordinance adopted by a city council will become effective 30 days after its final
passage. (Gov't Code § 36937; Elections Code § 9235.) However, the law affords a registered
voter of a city the opportunity to circulate and submit a petition protesting the adoption of an
ordinance, within 30 days of the adoption of the ordinance, signed by not less than 10 percent of
the voters of the city according to the county elections official's last official report of registration
to the Secretary of State. (Elections Code § 9237.) Upon submission of such a petition to the
city's elections official during normal posted office hours, the effective date of the challenged
ordinance is suspended, and the city council must reconsider the ordinance. (Id.) Upon
reconsideration, if the city council does not entirely repeal the ordinance against which the
petition is filed, the city council must submit the ordinance to the voters, either at the next
regular municipal election occurring not less than 88 days after the order of the city council, or at
a special election called for the purpose, not less than 88 days after the order of the city council.
(Elections Code § 9241.)
The ordinance shall not become effective until a majority of the voters voting on the ordinance
vote in favor of it. (Id) If the city council repeals the ordinance or submits the ordinance to the
voters, and a majority of the voters voting on the ordinance do not vote in favor of it, the
ordinance shall not again be enacted by the city council for a period of one year after the date of
its repeal by the city council or disapproval by the voters. (Id.)
Petition Requirements
The Elections Code prescribes certain requirements in connection with the circulation of a
petition opposing an ordinance. Petitions must be in a specified format and each page of the
referendum petition must have printed across the top the following title: "Referendum Against an
Ordinance Passed by the City Council." (Elections Code § 9238.) Furthermore, each section of
the referendum petition must contain the following: the identifying number or title of the
ordinance being opposed and the text of the ordinance or portion of the ordinance that is subject
to the referendum.
In addition, each section of the petition must have a declaration of the person soliciting the
signatures. (Id.) The declaration must also be in a specified format and must contain
declarations that the circulator is a voter or is qualified to register as a voter of the city and must
state his or her residence address at the time of the execution of the declaration. Signatures must
be gathered, and the petition filed within 30 days from the date of the adoption of the ordinance
to which it relates. (Elections Code § 9242.) The petition and all sections thereof must be filed
with the election's official of the city council in his or her office during normal posted office
hours. (Id.) Petitions which are not filed within the permitted time are void for all purposes.
City Council Meeting
September 26, 2023
Page 3 of 4
When the petition is presented for filing, the elections official is required to ascertain the number
of registered voters of the City last reported by the county elections official to the Secretary of
State; and determine the total number of signatures affixed to the petition. If, from this
examination, the elections official determines that the number of signatures, prima facie, equals
or is in excess of the minimum number of signatures required, he or she shall accept the petition
for filing. (Id.) The petition is deemed as filed on that date. (Id.) Any petition not accepted for
filing must be returned to the proponents. (Id.).
Basic Referendum Timeline
Initial Action:
Ordinance adopted by City Council.
Within 30 days of adoption:
Filing of referendum petition
Within 30 days of filing:
Elections official determines sufficiency
Next regular council meeting after determination:
Certification of petition by Elections Official (1)
Council repeals ordinance or (2) calls election,
authorizes rebuttal arguments and directs
Elections Official to submit ordinance to city
attorney for impartial analysis
"Reasonable date prior to election":
Submittal of ballot arguments
Within 10 days of ballot arguments:
Submittal of rebuttal arguments
Not less than 10 days prior to submitting ballot
Public inspection period
materials for printing:
Not sooner than 88 days and not later than the
Hold election
next regular municipal election after calling
election:
STAFF RECOMMENDATION
That the City Council move to approve the second reading, by title only, and adopt 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 Meeting
September 26, 2023
Page 4 of 4
LEGAL REVIEW
The proposed ordinance and staff report has been reviewed by the City Attorney.
FISCAL IMPACT
A notice of election date change must be mailed to all 24,174 registered voters in the City of
Rosemead. The cost provided by the Los Angeles County Registered Recorder's Office 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:
F,��V
Ericka Hernandez, City Clerk
Attachment A: Ordinance No. 1019
2
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 November 3, 2026, 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 November
3, 2026 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 with the November 3, 2026, election.
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 12, 2023. Said Ordinance was approved and
adopted by the City Council of the City of Rosemead at a regular meeting held on the 26' day of
September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk