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HomeMy WebLinkAboutD-3 Staff Report - Reso to Consolidate Elections and Change Elected Mayor to Appointed OfficeSCHEDULED ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MARCO A. MARTINEZ, CITY ATTORNEY JEFFREY CORNEJO, CITY CLERK ADRIAN GARCIA, CHIEF DEPUTY CITY CLERK DATE: JULY 20, 2020 SUBJECT: CONSIDERATION OF RESOLUTION SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF AZUSA A MEASURE THAT WOULD CHANGE THE OFFICE OF MAYOR FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE AT A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2020; AND SETTING RULES AND DEADLINES FOR THE ELECTION BACKGROUND: At the May 18, 2020 City Council meeting, the City Council directed the City Attorney and staff to prepare necessary resolution(s) calling a special election to be held on the consolidated statewide election on November 3, 2020 to submit a measure that would change the City’s governance from an elective mayor to a mayor selected from the members of City Council on a rotational basis (“Proposed Measure”). The attached resolution would: 1. Call an election for the submittal to Azusa voters and ordinance to change the office of elective mayor to a rotational mayor; 2. Request that the election be consolidated with next Statewide election on November 3, 2020; and 3. Set rules for arguments/rebuttals regarding the Proposed Measure. ITEM NOT APPROVED CITY COUNCIL 7/20/2020 Submittal to Azusa Voters and Ordinance to Change the Office of elective Mayor July 20, 2020 Page 2 DISCUSSION The City of Azusa (“City”) is governed by an elective mayor and a City Council consisting of four elective councilmembers. The mayor is a member of City Council and serves a two-year term as mayor from the Tuesday succeeding his or her election, until his or her successor is elected and qualified. A councilmember who is not acting as mayor serves a four-year term from the Tuesday succeeding his or her election, until his or her successor is elected and qualified. This composition is codified in Azusa Municipal Code Sections 2-26 through 2-28 (Attached). Prior to December 16, 1974, there was no elective office of mayor. Instead, the members of the Azusa City Council would select one of its members to act as mayor. However, in April of 1974, the City Council placed a ballot measure on the November 1974 ballot asking the voters to change the City’s governance structure to include a directly-elected mayor and determine the appropriate term of office. That proposition was passed by Azusa voters 4,128 votes to 1,026 votes.1 That governance structure exists today. California Law State law allows general law cities like Azusa, by ballot measure, to eliminate the elective office of mayor and reestablish its prior form of governance whereby a member of City Council is chosen by the other Councilmembers to act as mayor for a specified term. California Government Code, Section 34902, in relevant part, provides: (b) After an office of elective mayor has been established, the city council may subsequently submit to the electors the question of whether or not to eliminate the elective office of mayor, pursuant to the procedures enumerated in this article, and thereby reestablish the procedure of selection of the mayor by the city council. If a majority of the votes cast on the proposition are in favor of the elimination of the office of elective mayor, the office shall be eliminated on the expiration date of the incumbent's term, and on the date the procedure of selection of the mayor by the city council shall be reestablished. (Gov. Code § 34902(b).) Thus, such a change in governance requires a vote of the people before it becomes effective. While the City Council may call a special election to submit such a proposition to the voters on a date where no statewide election is occurring, a less costly alternative would be to combine the proposition at an election in which Los Angeles County Registrar of Voters is already providing election services county-wide. The next such statewide general election will be held on November 3, 2020. In order to place the Proposed Measure on the November 3, 2020 statewide general election ballot, the City Council must adopt a resolution that does the following: (1) Calls for a special election to be held on November 3, 2020 for purposes of submitting the Proposed Measure and related ordinance to the electors; 1 A two year term of office for the mayor was also approved by the voters 3,603 to 1,248. Submittal to Azusa Voters and Ordinance to Change the Office of elective Mayor July 20, 2020 Page 3 (2) Requests the Los Angeles County Board of Supervisors (“County”) to consolidate the November 3, 2020 statewide general election with the City’s special election; (3) Sets the deadlines to submit an impartial analysis of the Proposed Measure, arguments for and against the Proposed Measure, and rebuttals to those arguments; and (4) Requests the County Clerk to prepare the City’s election materials. The adopted resolution (and applicable ordinance) must be filed with the County no later than August 7, 2020. The proposed resolution under consideration today (“Resolution”) satisfies these requirements. Unless other arrangements satisfactory to the County have been made, the City must reimburse the County in full for the election services performed for the City. Ordinance Adopted if Measure Succeeds If the Proposed Measure receives a majority of votes, the Ordinance, attached as Exhibit A to the Resolution, will be adopted. The Ordinance amends the Azusa Municipal Code by changing the office of mayor from an elected office to an office that is selected by City Council from its members on a rotational basis. This new system of governance will not start until after the March 8, 2022 General Municipal Election, and the mayor shall be selected annually from among the city councilmembers. The details of how the rotational system will work do not need to be formalized in a resolution, however many cities do have formal (by resolution) procedures for the selection of mayor on a rotational basis. As an example, the City of Azusa maintains formal selection procedures for the position of Mayor Pro Tem (attached). These can similarly be adapted to the office of mayor. RECOMMENDATION: It is recommended that City Council review the proposed Resolution No. 2020-C41 and related Ordinance to place a measure on the November 3, 2020 statewide general election ballot that would change the elected office of mayor to an office selected by City Council from its members annually and determine whether it should be placed on the November 3, 2020 statewide election ballot. FISCAL IMPACT: The exact fiscal impact is currently unknown. However, the City will be required to reimburse the County for services performed on the City’s behalf to conduct the election on the City’s Proposed Measure. At the time of this writing, the County had not provided a specific cost to the City regarding such election. However, it is anticipated to cost $80,000 to $100,000. Submittal to Azusa Voters and Ordinance to Change the Office of elective Mayor July 20, 2020 Page 4 Prepared by: Reviewed and Approved: Marco A. Martinez Jeffrey Lawrence Cornejo, Jr. City Attorney City Clerk Fiscal Impact Review Reviewed and Approved: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1)Sample Los Angeles County Election Timeline 2)AMC 2-26 to 2-28 3)Selection Mayor Pro-Tem 4) Proposed Resolution No. 2020-C41 with Exhibit A (Ordinance) SAMPLE TIMELINE In accordance with the above-mentioned procedures and additional state requirements, below is a sample timeline for placement of the Proposed Measure on the November 3, 2020 statewide general election ballot. •June 15 (M) through July 20 (M) (Suggested) – City Council adopts a resolution/ordinance that does all of the following (“Resolution”): o Calls for a special election to be held on November 3, 2020 for purposes of submitting the Proposed Measure and its enacting ordinance (“Ordinance”) to the voters; o Provides the exact form of the Proposed Measure to appear on the ballot and attaches the Ordinance as an exhibit to the Resolution; o Orders and requests that the special election on the Proposed Measure be consolidated with the statewide general election to be held on November 3, 2020; o Acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418; o Requests that the Board of Supervisors permit the Registrar- Recorder/County Clerk to render specified elections services for the City, including preparation of the City’s election materials; o Directs the City Clerk to set dates for arguments, rebuttals, and analysis; and o Authorizes the City Council (or certain Councilmembers) to file an argument regarding the Proposed Measure (Elec. Code § 9282) (optional). •August 6 (Th) – Last day for City Clerk to publish in a newspaper of general circulation in the City (1) a synopsis of the Proposed Measure and (2) the County deadlines for submission of impartial analysis, arguments, rebuttals, and the 10- day public examination periods (Elec. Code §§ 10418, 9163; Gov. Code § 6061) •August 7 (F) – Last day for City Clerk to file adopted Resolution/Ordinance with Registrar-Recorder/County Clerk requesting the consolidation, ballot measure placement, services, etc. (Elec. Code §§ 10401 and 10403.) •August 14 (F) – Last day for City Attorney to submit impartial analysis to the Registrar-Recorder/County Clerk (Elec. Code §§ 10418, 9160, 9280.) •August 14 (F) – Last day to submit arguments for or against Proposed Measure to the Registrar-Recorder/County Clerk (Elec. Code §§ 10418, 9162, 9282.) •Aug. 15 (Sa)1 to Aug. 24 (M) – Public examination period for ballot measure materials (Elec. Code §§ 10418, 9190, 9295(a).) •August 24 (M) – Last day to file rebuttals with Registrar-Recorder/County Clerk (Elec. Code §§ 10418, 9167, 9285(a)(4).) 1 County Clerk’s office will be closed August 15 and 22 (Saturdays) and August 16 and 23 (Sundays). Attachment 1 • Aug. 25 (T) – Sept 3 (Th) – Public examination period for rebuttals (Elec. Code §§ 10418, 9190, 9295(a).) • September 3 (Th) – Last day for City Clerk to supply Registrar- Recorder/County Clerk with a list of City’s precincts, or consolidated precincts, as applicable, if City has requested County Clerk to render specified elections services in the consolidated election (Elec. Code § 10002.) • November 3 (T) – Election Day (a) (b) Sec. 2-26. - Composition; election. The city council shall consist of the mayor and four city councilmembers, all of whom shall be elected at the time and in the manner provided by law. The successors of all initial officers will be elected by the city electors at a general municipal election. (Code 1971, § 2.04.001) Sec. 2-27. - Mayor's term. The mayor shall hold office for two years from the Tuesday succeeding his election and until his successor is elected and qualifies. (Code 1971, § 2.04.002) Sec. 2-28. - Councilmembers' terms. Each city councilmember shall hold office for four years from the Tuesday succeeding his election and until his successor is elected and qualifies. (Code 1971, § 2.03.003) Page 1 of 1Azusa, CA Code of Ordinances 5/14/2020about:blank Attachment 2 RESOLUTION NO. 1 O-C20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING AND RESTATING RESOLUTION NO. 97-C51 CONCERNING THE SELECTION CRITERIA AND TERM OF THE MAYOR PROTEM. BE IT RESOLVED by the City Council of the City of Azusa as follows: SECTION I. That the City Council of the City of Azusa hereby amends Resolution No. 97 -C51 in its entirety and adopts the following mayor pro tem selection criteria and te1m of office. (1) Intent. Tbe primary intent of this Resolution is to ensure that the city's mayor protem is selected on objective criteria. Criteria such as seniority and public support as expressed in the number of votes received in an election are to be used as the basis for selecting the mayor pro tern. It is the Council's intent to ensure that each council member serving on the Council receives the opportunity to serve as mayor pro tern at least once during his or her four-year term as a council member. (2) Selection Criteria. Annually, at the City Council meeting on the third Monday in March, the mayor pro tem shall be that council member with the greatest seniority, which has not previously served as mayor pro tem. However, if such council member does not accept the nomination for mayor pro tem, then the next most senior council member, which has not yet served as mayor pro tem, shall be offered the position of mayor pro tern. However, if two or more councilmembers qualify for the position of mayor pro tern by virtue of having equal seniority, then that council member who received the highest number of votes in the March general City election shall be the mayor pro rem. (3) Selection Criteria in the Event All Have Served. If all council members have previously sep1ed as mayor pro tern, then the mayor pro tem shall be that councilmember with the greatest senh:mty. If such councilmember does not accept the nomination for mayor pro tem, then the next most senior councilmember shall be offered the position of mayor pro tern. However, if two or more council members qualify for the position of mayor pro tem by virtue of having equal seniority, then that council member who received the highest number of votes in the March general City election shall be the mayor pro tem. (4) Term. Mayors pro tern shall serve from March until March of each year succeeding year. A new successor shall be selected on the third Monday in March in even numbered years and at the reorganization meeting in March in odd numbered years. Notwithstanding this section, the mayor pro tem shall continue to serve until his or her successor takes office. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nct day of March, 2010. ORANGE\MMART!NEZ\66404.1 Attachment 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a special meeting thereof, held on the 2211d day of March, 2010, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE VERA MENDOZA ~ CITY CLERK ORANGE\MMARTJNEZ\66404.1 RESOLUTION NO. 2020-C41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF AZUSA A MEASURE DELETING SECTION 2-27 AND AMENDING SECTION 2- 26 OF DIVISION 1 (GENERALLY) OF ARTICLE II (CITY COUNCIL) OF CHAPTER 2 (ADMINISTRATION) OF THE AZUSA MUNICIPAL CODE TO CHANGE THE OFFICE OF MAYOR FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE, AT A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2020; AND SETTING RULES AND DEADLINES FOR THE SUBMITTAL OF ARGUMENTS FOR AND AGAINST THE MEASURE WHEREAS, pursuant to California Government Code section 34902(a), the office of Mayor is currently an elected office in the City of Azusa (“City”); and WHEREAS, the office of Mayor stands for election every two years, the last election for this office being March 3, 2020 and the current term for this office expiring in March, 2022; and WHEREAS, California Government Code section 34902(b) provides that: “After an office of elective mayor has been established, the city council may subsequently submit to the electors the question of whether or not to eliminate the elective office of mayor, pursuant to the procedures enumerated in this article, and thereby reestablish the procedure of selection of the mayor by the city council. If a majority of the votes cast on the proposition are in favor of the elimination of the office of elective mayor, the office shall be eliminated on the expiration date of the incumbent's term, and on the date the procedure of selection of the mayor by the city council shall be reestablished.” WHEREAS, California Elections Code section 9222 authorizes the City Council to submit local measures to the voters; and WHEREAS, California Government Code section 34902 authorizes the City Council to submit to voters the question of whether the elective office of Mayor should be eliminated and replaced with a City Council-appointed office; and WHEREAS, the City Council desires to submit to Azusa voters a measure that would change the office of Mayor from an elective office to a City Council-appointed office; and WHEREAS, the question of changing from an elective to an appointed Mayor has not been submitted to Azusa voters within the last 11 months; and WHEREAS, the City Council desires to consolidate the special municipal election for the ballot measure described herein with the Statewide General Election to be held on November 3, 2020; and Attachment 4 City of Azusa Resolution No. 2020-___ Page 2 WHEREAS, the City Council further desires to set rules and deadlines for the submittal of written arguments and rebuttals for and against the measure; and WHEREAS, the specific terms of the measure are provided for in the ordinance to be considered by the qualified voters, attached hereto as Exhibit “A” (the “Ordinance” or “Measure”) and by this reference made an operative part hereof, and in accordance with all applicable laws. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof. SECTION 2. Submission of Ballot Ordinance/Measure. The City Council of the City, pursuant to its right and authority as contained in California Elections Code sections 9222, 10201, and 10400 et seq. and Government Code section 34902, hereby orders the Ordinance/Measure attached hereto as Exhibit “A” to be submitted to the qualified voters of the City at the Special Municipal Election to be held and consolidated with the Statewide General Election on November 3, 2020. The proposed Ordinance shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein. SECTION 3. Ballot Question. The City Council, pursuant to its right and authority under California Elections Code sections 10400 et seq. and Government Code section 34902, does hereby order that the ballot question shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the election to be held at the Special Municipal election to be consolidated with the Statewide General Election on Tuesday, November 3, 2020, in addition to any other matters required by law, there shall be printed substantially the following question: “Starting March 8, 2022, shall the office of Mayor no longer be elected, but instead selected by the City Council from its members on a rotational basis?” YES NO SECTION 4. Election Procedures/Request for Consolidation. A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 3, 2020, and to hold and conduct the consolidated election in the manner prescribed in Elections Code Section 10418. City of Azusa Resolution No. 2020-___ Page 3 B. The ballots to be used at the election shall be in the form and content as required by law. C. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of Los Angeles County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 3, 2020, and to having the Registrar of Voters render such election services to the City of Azusa as may be requested by the City Clerk of said City, the County of Los Angeles to be reimbursed in full for such services as are performed. D. The election services which the City of Azusa requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots and guides; the establishment or appointment of precincts, voting centers, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Azusa; and the performance of such other election services as may be requested by the City Clerk. E. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia, or cause such actions to be made, that may be necessary in order to properly and lawfully conduct the election. F. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, and election officers, and all other persons and procedures for the Special Municipal Election shall be the same as those utilized by the County of Los Angeles; and G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City. H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law. I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters. J. The Los Angeles County Registrar of Voters is hereby authorized to canvass the returns of said election. K. The City Clerk of the City of Azusa shall receive the canvass as it pertains to the City of Azusa Resolution No. 2020-___ Page 4 election on the measure, and shall certify the results to the City Council, as required by law. SECTION 5. Arguments and Analysis. A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including August 14, 2020, after which no arguments for or against the measure may be submitted to the City Clerk. Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters. C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the ballot pamphlet along with the ballot measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (insert phone number) and a copy will be mailed at no cost to you.” SECTION 6. Rebuttals. A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. City of Azusa Resolution No. 2020-___ Page 5 The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 24, 2020. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. B. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed. C. That the provisions herein shall apply only to the election to be held on November 3, 2020, and shall then be repealed. SECTION 7. Placement on the Ballot. The full text of the Ballot Ordinance shall be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this ordinance, the Ballot Ordinance and/or ballot measure, at no cost, upon request made to the City Clerk. SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Ballot Ordinance attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of Los Angeles County and to the Registrar of Voters of Los Angeles County not later than 88 days prior to the Special Municipal Election. SECTION 9. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5). SECTION 10. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Azusa, California, at a regular meeting held on this 15th day of June, 2020. ___________________________________ City of Azusa Resolution No. 2020-___ Page 6 Robert Gonzales MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council on the 15th day of June 2020, by the following vote: AYES: COUNCIL MEMBERS: NAYS: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ Jeffrey Lawrence Cornejo, Jr. Marco A. Martinez CITY CLERK CITY ATTORNEY City of Azusa Resolution No. 2020-___ Page 7 EXHIBIT “A” ORDINANCE NO. 2020-____ AN ORDINANCE OF THE PEOPLE OF THE CITY OF AZUSA, CALIFORNIA, DELETING SECTION 2-27 AND AMENDING SECTION 2-26 OF DIVISION 1 (GENERALLY) OF ARTICLE II (CITY COUNCIL) OF CHAPTER 2 (ADMINISTRATION) OF THE AZUSA MUNICIPAL CODE TO CHANGE THE OFFICE OF MAYOR FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE. NOW THEREFORE, THE PEOPLE OF THE CITY OF AZUSA DO ORDAIN AS FOLLOWS: SECTION 1. Subject to the approval of a majority of the voters of the City of Azusa at the scheduled election so designated by the City Council in a separate resolution placing this proposal on the ballot for such election, section 2-27 is hereby deleted from Division 1 of Article II of Chapter 2 of the Azusa Municipal Code and marked “Reserved” and section 2-26 of Division 1 of Article II of Chapter 2 of the Azusa Municipal Code is hereby amended to read as follows: “Sec. 2-26. – Composition; Election. (a) Until the March 8, 2022 General Municipal Election, the city council shall consist of the mayor and four city councilmembers, all of whom shall be elected at the time and in the manner provided by law. Commencing with the March 8, 2022 General Municipal Election, the Office of Mayor in the City of Azusa shall cease to be an elective office and shall become an appointive office, and a City Council of five members shall annually choose one of its number to act as Mayor, through those rules and procedures it may prescribe by ordinance or resolution. (b) The successors of all initial officers will be elected by the city electors at a general municipal election. ”Sec. 2-27. – Reserved.” SECTION 2. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid. SECTION 3. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of Azusa which are in conflict with any provision of this Ordinance. City of Azusa Resolution No. 2020-___ Page 8 SECTION 4. This section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at a General Municipal Election, or at a special election called for that purpose. SECTION 5. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Azusa voting at a Special Municipal election to be held on November 3, 2020, and shall take effect ten (10) days after the City Council has certified the results of the Special Municipal election by resolution. SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 3, 2020, by signing where indicated below. I hereby certify that the foregoing Ordinance was p assed, approved and adopted by the People of the City of Azusa on the 3rd day of November, 2020. Dated: _______________________ ______________________________ ROBERT GONZALEZ MAYOR ATTEST: APPROVED AS TO FORM: ______________________________ ______________________________ JEFFREY LAWRENCE CORNEJO. JR. MARCO A. MARTINEZ CITY CLERK CITY ATTORNEY