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HomeMy WebLinkAboutItem 3e: Adoption of Ordinance 2293: Authorizing All Mail Ballot City Elections ORDINANCE NO. 2293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ADDING SECTION 1703 TO CHAPTER 7 OF ARTICLE I OF THE ARCADIA MUNICIPAL CODE AUTHORIZING THE CITY TO CONDUCT CITY ELECTIONS BY ALL MAIL BALLOT AND TO ESTABLISH LOCAL RULES AND REGULATIONS FOR THE CONDUCT OF CITY ELECTIONS WITHIN THE CITY OF ARCADIA. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 1703 is hereby added to Chapter 7 of Article I of the Arcadia Municipal Code and shall read as follows: "CHAPTER 7 ELECTIONS "1703. Authority to Conduct All Mail Ballot City Elections and to Establish kkiriv Rules and Regulations for Conduct of City Elections. Notwithstanding any provisions of the California Elections Code to the contrary, the City Council may, by resolution, authorize City elections including, without limitation, general municipal elections, to be conducted by all mail ballot, whether for the election of municipal officials or officers,or for such other purposes or measures as prescribed by the City Council to be submitted to the voters; and may also, by resolution, establish local rules and regulations for the conduct of City elections." SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of krow ti this ordinance or any part thereof. The City Council of the City of Arcadia hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. SECTION 3. Effective Date. Pursuant to Government Code Section 36937(a),the City Council finds that this Ordinance relates to an election and, therefore, becomes effective immediately upon adoption by a majority vote of the City Council. SECTION 4. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: c4;Fk- P. Stephen P. Deitsch City Attorney 1■■■_ , Qi„, •%, : !P ., 6 1"° AT%� STAFF REPORT Office of the City Clerk DATE: November 15, 2011 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: STEPHEN P. DEITSCH, CITY ATTORNEY S #w...P.T2 .Q BY: LISA MUSSENDEN, CHIEF DEPUTY CITY CLERK/ RECORDS MANAGER SUBJECT: ORDINANCE NO. 2293 ADDING SECTION 1703 TO CHAPTER 7, ARTICLE I OF THE ARCADIA MUNICIPAL CODE AUTHORIZING THE CITY TO CONDUCT CITY ELECTIONS BY ALL MAIL BALLOT AND TO ESTABLISH LOCAL RULES AND REGULATIONS FOR THE CONDUCT OF CITY ELECTIONS WITHIN THE CITY OF ARCADIA. Recommendation: Introduce SUMMARY fir•' The attached ordinance authorizes the City to conduct City Elections by all mail ballot on any established election date, whether under the California Elections Code or the City Charter, by resolution of the City Council, for any purpose, including but no limited to the election of municipal officials or officers, or for any other measure to be submitted before the voters. DISCUSSION The City Council at a Study Session on January 18, 2011, unanimously voted to authorize conducting the April 10, 2012 General Municipal Election as an all mail ballot. As a result and pursuant to the provisions of the City Charter, the City of Arcadia intends to hold an all mail ballot General Municipal Election on Tuesday, April 10, 2012. The City's Charter and Municipal Code are currently silent on the issue of all mail ballot elections. City Charter Section 1103, provides that "[u]nless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as it exists or is amended for the holding of municipal elections, so far as the same are not in conflict with this Charter." However, Elections Code Section 4000, governing mailed ballot elections, only authorizes mailed ballot elections for a limited scope of issues, which does not include general elections for municipal officials and officers. Therefore, without an hiliy 1 amendment to the Municipal Code, the City would not be legally authorized to conduct the scheduled General Municipal Election by all mail ballot. The attached ordinance for City Council consideration establishes that the City may, by resolution of the City Council, conduct all mail ballot elections for any City election including, without limitation, general municipal elections for the purpose of electing municipal official or officers or for any measure to be submitted to the voters. The ordinance also authorizes the City Council, by resolution, to establish local rules and regulations for the conduct of City elections. All matters not prescribed by this Ordinance will be handled in accordance with applicable provisions of the Elections Code. This Ordinance does not call an all mail ballot election for any specific date and any action to call such an election will need to be taken by separate City Council resolution. A resolution calling an April 10, 2012 General Municipal Election by all mail ballot will be presented at the December 6, 2011 City Council meeting, along with this ordinance for second reading and adoption. Under the California Government Code, ordinances relating to an election are effective immediately upon adoption. FISCAL IMPACT There is no fiscal impact with the adoption of this Ordinance. Fiscal impacts would only be incurred in the conduction of the General Municipal Election to be held on April 10, 2012. RECOMMENDATION Introduce Ordinance No. 2293 adding Section 1703 to Chapter 7 of Article I of the Arcadia Municipal Code authorizing the City to conduct City Elections by All Mail Ballot and to establish local rules and regulations for the conduct of City elections within the City of Arcadia. APPROVED: Donald Penman City Manager Attachment— Ordinance No. 2293 2