Loading...
CC - Item 6F - Introduction and Adoption of Ordinance No. 976 Moving the Date of the City's General Municipal Election Pursuant to Senate Bill 415 and Resolution 2017-63\pORATEO 1j 410 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER,J11:_ DATE: NOVEMBER 14, 2017 SUBJECT:' t 1 1 1 ADOPTION OF ORDINANCE 1 , MOVINGDATE 1 P. ELECTION DATE 1 THE FIRST TUESDAY MONDAY •` 1 1 YEARS PURSUANT TO SENATE BILL 415 1; RESOLUTION 2017-63ADOPTING 1 CONSOLIDATE WITH A STATEWIDE1 DATE On October 24, 2017, the City Council received a report regarding Senate Bill (SB) No. 415, the California Voter Participation Rights Act. SB 415 prohibits a local government from holding an election other than on a statewide election date if holding an election on a nonconcurrent date has previously resulted in a significant decrease in voter turnout. Given that the City experienced a decrease in voter turnout on nonconcurrent election dates, the City Council was provided with seven options to comply with the provisions of SB 415. The City Council, unanimously approved Option 1: Beginning March 2020, consolidate with the statewide elections in March of even -numbered years. In order to implement this option, the City Council will need to adopt an ordinance (Attachment A) to reflect the City's new general municipal election date. The proposed ordinance will consolidate the City's general municipal election with a statewide election date and extend the terms of current Councilmembers by no more than 12 months. In addition, due to provisions in SB 415, the City will be required to consolidate its future general municipal elections with Los Angeles County, who does conduct statewide elections. Once the Ordinance is adopted, it will then require approval by the Board of Supervisors of the County of Los Angeles. Within 30 days after the approval by the Board, the City Clerk will send out a notice to all registered voters in the City to inform them of the change in the general municipal election date and the extension of the current incumbent Councilmember terms ITEM NUMBER: City Council Meeting November 14, 2017 Page 2 of 2 affected by the ordinance. The Ordinance will not be operative until the Board of Supervisors approves it. Staff is also recommending the adoption of a resolution (Attachment B) to formally adopt a plan to consolidate future elections with a statewide election no later than the November 8, 2022, statewide general election. It is recommended that the City Council take the following actions: 1. Introduce and adopt, by title only, Ordinance No. 976, moving the date of the City's general municipal election date to the first Tuesday after the first Monday in March of even -numbered years. 2. Approve Resolution No. 2017-63, adopting plans pertaining to the future consolidation of elections with a statewide election no later than the November 8, 2022, statewide general election. FISCAL IMPACT The required notices to be mailed to every registered voter in the City is not expected to exceed a cost of $12,000. STRATEGIC LAN IMPACT - None This item has been noticed through the regular agenda notification process. Prepared by: r Marc Donohue; -City Clerk Attachment A: Ordinance No. 976 Attachment B: Resolution No. 2017-63 � �ORPORATED 1 AN ORDINANCE OF THE CITY COUNCILOF THE CITY 1 [XOSEMEAD, CALIFORNIA9Ir 1N 1.12.010 OF THE KI1 1 MUNICIPAL1`,1 1 MOVING ELECTIONSGENERAL MUNICIPAL 1 THE FIRST TUESDAY THE FIRST MONDAY MARCH 1 EVEN -NUMBERED YEARS BEGINNING ' OF 0 WHEREAS, the City of Rosemead's (City) general municipal elections are currently held on the first Tuesday following the first Monday in March of odd -numbered years; and WHEREAS, Senate Bill 415 (SB 415) "Voter Participation" prohibits local governments, beginning January 1, 2018, from holding an election on any date other than a statewide election date if doing so has resulted in voter turnout being at least 25% below the average turnout in that jurisdiction in the previous four statewide general elections; and WHEREAS, in accordance with SB 415, the City has determined that it must adopt a transition plan to consolidate its general municipal elections with a statewide election date to occur not later than November 8, 2022; and WHEREAS, Sections 1301 and 10403.5 of the California Elections Code, authorize the City Council to reschedule its general municipal election and to increase or decrease any terms of office by not more than 12 months; and WHEREAS, Senate Bill 568 (SB 568) the statewide primary election from June to the first Tuesday after the first Monday in March of even -numbered years; and WHEREAS, the City Council desires to reschedule its general municipal election to the first Tuesday after the First Monday in March of even -numbered years to coincide with the statewide direct primary election beginning in March of 2020. 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 March 2020, the City' general municipal election shall be moved from March of odd -numbered years to the first Tuesday after the first Monday in March of even - numbered years to coincide with the statewide direct 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 March of 2020 and henceforth, be held on the first Tuesday following the first Monday in March of even -numbered years." SECTION 3. Adjustment to Terms of Office. In accordance with Sections 1301 and 10403.5 of the California Elections Code, the term of any elected City Officeholder that would have expired in March 2019 and 2021 shall, instead, expire in the same manner, but after the occurrence of the March 2020 and 2022 general municipal elections established by this Ordinance. 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 March of each even -numbered year, beginning March of 2020. 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 or reduced by not more than 12 months. 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 14th day of November, 2017. Polly Low, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing Ordinance No. 976, was introduced and adopted at a regular meeting of the City Council of the City of Rosemead held on the 14th day of November, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Marc Donohue, City Clerk 1 1511 11111,1111 W. "S MTTIMTTUXTM7 =71) GENERALLATER THAN THE NOVEMBER 8, 2022, STATEWIDE ELECTION WHEREAS, Senate Bill (SB) 415, also known as the. California Voter Participation Rights Act, requires cities to adopt a plan to consolidate future elections by January 1, 2018; and WHEREAS, at their October 24, 2017, meeting, the City Council provided direction to staff to draft an ordinance to move the City's general municipal elections from March of odd years to March of even years, starting in March 2020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City hereby plans to move their election date and consolidate their election with the County of Los Angeles, by November 8, 2022. SECTION 2. Once adopted by the City Council, the proposed ordinance to change the City's general municipal election date will be forwarded to the Los Angeles County Board of Supervisors for approval. SECTION 3. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 14th day of November, 2017. Polly Low, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2017-63, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 14th day of November, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Marc Donohue, City Clerk