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