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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 lytlu'hi/:�;�•I 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 / of !R9smea 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 Page 3 of 3