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Home My WebLink About2352 ORDINANCE NO. 2352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTION 1700 OF CHAPTER 7 OF ARTICLE 1 OF THE ARCADIA MUNICIPAL CODE, CHANGING THE GENERAL MUNICIPAL ELECTION DATE FROM APRIL OF EVEN-NUMBERED YEARS TO THE STATEWIDE GENERAL ELECTION IN NOVEMBER OF EVEN-NUMBERED YEARS, COMMENCING WITH THE NOVEMBER, 2022 ELECTION, IN ORDER TO COMPLY WITH CALIFORNIA SENATE BILL 415 WHEREAS, pursuant to Arcadia City Charter, Section 1100, and Arcadia Municipal Code, Section 1700, the City of Arcadia ("City") currently holds its general municipal election for City Council members and other City elected officials on the second Tuesday of April in each even-numbered year; and WHEREAS, the California Voter Participation Rights Act (SB 415 — California Elections Code sections 14050-14057) becomes effective January 1, 2018 and prohibits a political subdivision (including cities) from holding a general election on a date other than on a statewide primary (March) or statewide general election date (November) in even-numbered years, if holding an election on a non-statewide election date has previously resulted in a "significant decrease in voter turnout", which is defined by SB 415 as at least 25% less voter turnout than the average voter turnout within the City for the previous four statewide general elections (November, 2010, 2012, 2014 & 2016); and WHEREAS, on July 11, 2017, the California Attorney General issued an opinion stating that SB 415 applies to charter cities because improving voter turnout at elections is a matter of "statewide concern", in which case State law prevails over any conflicting charter provision; and WHEREAS, according to County voting records, the average eligible voter turnout within the City for the previous four statewide general elections (November, 2010, 2012, 2014 & 2016), was 54.6%; and WHEREAS, the City's general municipal election date is not a statewide election date and the April, 2016 general municipal election resulted in approximately 32.5% of eligible voter turnout; and WHEREAS, this resulted in at least 25% less voter turnout than the four- statewide general election average [32.5%/54.6% = .60 — representing 40% less than the four-statewide general election average]; and WHEREAS, earlier elections held in April of even-numbered years have historically resulted in similar lower eligible voter turnout in the City; and WHEREAS, in order to change its general municipal election date to comply with SB 415, Elections Code Section 1301(b) authorizes the City to adopt an ordinance changing its general municipal election date from April of even-numbered years to either the statewide primary election in March of even-numbered years or the statewide general election in November of even-numbered years; and WHEREAS, the ordinance must then be submitted to the County of Los Angeles Board of Supervisors and the ordinance must be approved by the Board of Supervisors in order to change the City's general municipal election date; and WHEREAS, in order to comply with SB 415, it is the intent of the City Council to change the City's general municipal election date for City Council members and other elected officials from April of even-numbered years to the statewide general election in November of even-numbered years, commencing with the November, 2022 election; and WHEREAS, State law allows a City to extend the terms of current elected officials by up to 12 months, in order to match their terms with a changed general municipal election date (Elections Code Section 10403.5(b)); and WHEREAS, starting with the November, 2022 election, it is also the intent of the City Council to extend the terms of office for City elected officials by approximately seven months in order to match their terms with the changed general municipal election dates. If elected in April, 2018, the term will be extended from April, 2022 to November, 2022. If elected in April, 2020, the term will be extended from April, 2024 to November, 2024. -7- NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1: Section 1700 of Chapter 7 of Article 1 of the Arcadia Municipal Code is hereby amended to read as follows: "CHAPTER 7 ELECTIONS 1700. — Election Dates. Sections 2500 2563 of the Elections to elections conducted under the authority of the City of Arcadia. Subject to adoption of the appropriate resolutions, municipal elections in Arcadia . . - •- . - - . - - - • .. -- State Elections Code. A. For the years 2018 and 2020, general municipal elections for officers and for such other purposes as the Council may prescribe shall be held in the City on the second Tuesday of April of each even-numbered year. Commencing with the year 2022, general municipal elections for officers and for such other purposes as the Council may prescribe shall be held in the City on the first Tuesday after the first Monday in November of each even-numbered year. B. Pursuant to California Elections Code Section 10403.5(b), all Arcadia elected officials whose terms of office are scheduled to expire in April, 2022 shall have their terms of office extended to November, 2022, or until their successors elected at the November, 2022 election have been qualified. All Arcadia elected officials whose terms of office are scheduled to expire in April, 2024 shall have their terms of office extended to November, 2024, or until their successors elected at the November, 2024 election have been qualified. Officials elected to new terms in November, 2022, November, 2024 and in all future elections shall serve four-year terms. C. Special elections called for the purpose of filing vacancies, recall of officers, initiative or referendum measures, are not affected by this Section, and may be called at any time authorized by applicable law." SECTION 2. 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. However, pursuant to Elections Code Section 1301(b), this Ordinance shall not become operative until it is approved by the Los Angeles County Board of Supervisors. SECTION 3. The City Clerk shall transmit certified copies of this Ordinance to the Clerk of the Board of Supervisors and to the Office of the Registrar of Voters for the County of Los Angeles. SECTION 4. Pursuant to Elections Code Section 10403.5(e), within 30 days after the Ordinance becomes operative, the City Clerk shall cause a notice to be mailed to all registered Arcadia voters informing the voters of the change in the election date. The notice shall also inform the voters that as a result in the change in the election date, the terms of office of elected City officials will be changed. SECTION 5. Within 30 days after the Ordinance becomes operative, the City Clerk shall cause a note to be recorded in the Arcadia City Charter indicating that Section 1100 of the City Charter (which currently sets the general municipal election date as April of even-numbered years) has been superseded by State law (SB 415) and by this Ordinance implementing State law. SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held -4- to unconstitutional, such decision shall not affect the validity of the remaining portion of 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 7. The City Clerk shall certify to the adoption of this Ordinance and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in the Arcadia Weekly Newspaper, a newspaper published and circulated in the City of Arcadia, and thereupon and thereafter this Ordinance shall take effect and be in force according to law. Passed, approved, and adopted this 16 •ay of January , 2018. 4/1„4, ayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -5- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2352 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the l6tbday of January, 2018 and that said Ordinance was adopted by the following vote, to wit: AYES: Beck, Chandler, Verlato, Tay, and Amundson NOES: None ABSENT: None ABSTAIN: None City'Clerk Sfthe City of Arcadia -6-