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Home My WebLink AboutF-1 Staff Report - 2nd Reading Ordinance Amending Election DateSECOND READING ORDINANCE F-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JEFFREY L. CORNEJO, JR., CITY CLERK ADRIAN GARCIA, MMC, CHIEF DEPUTY CITY CLERK MARCO A. MARTINEZ, CITY ATTORNEY DATE: AUGUST 16, 2021 SUBJECT: SECOND READING OF AN ORDINANCE AMENDING SECTION 2-1 OF ARTICLE I OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE, CHANGING THE GENERAL MUNICIPAL ELECTION DATE FROM MARCH OF EVEN-NUMBERED YEARS TO THE STATEWIDE AND PRESIDENTIAL GENERAL ELECTION, COMMENCING WITH THE NOVEMBER, 2022 ELECTION BACKGROUND: In November 2017, the City changed the date of its March general municipal elections from odd-number- years to even-number-years, following the passage of Senate Bill 415 (SB 415). Also known as the California Voter Participation Rights Act (Elections Code Sections 14050-14057), SB 415 amended the state Elections Code pertaining to municipal election dates and required cities that held stand-alone municipal elections on “non concurrent” dates (e.g., March of odd-numbered years) to eventually change their election dates to coincide with statewide election dates, unless voter turnout rates for past standalone elections fall below certain thresholds set forth in the Act. At that time, the statewide primary was held in March of even-numbered years. As a result, the City changed its election date to coincide with the statewide election held the first Tuesday after the first Monday of March of even numbered years to be in compliance with SB 415. Section 2-1 of the Azusa Municipal Code states, in part, “Pursuant to California Elections Code §§ 1301(b) and 14050-14057, and commencing with the March 3, 2020 election, the date of the general municipal election shall be moved from the first Tuesday after the first Monday in March of each odd-numbered year to the first Tuesday after the first Monday in March of each even-numbered year.” APPROVED CITY COUNCIL 8/16/2021 Amending Election Date August 16, 2021 Page 2 Subsequent to the passage of SB 415, the legislature adopted Senate Bill 970 (SB970), which was signed by Governor Newsom on September 18, 2020, and became operative on January 1, 2021. SB 970 moved the March statewide primary to June in non-presidential years, while keeping the March date for presidential election years. Consequently, there is no March, 2022 statewide election. The statewide direct primary is slated for June 7, 2022. In 2024, the statewide primary reverts back to March. Assuming SB 970 is still effective, in 2026, the primary would be held in June. Because SB 415 requires that general municipal elections coincide with statewide primary or general elections, and because the current Azusa Municipal Code establishes the Azusa general election in March of even years only, it is necessary to change the date of the City’s general municipal election once again RECOMMENDATION: Staff recommends the City Council waive further reading, read by title only, second reading and adoption, Ordinance No. 2021-04; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING SECTION 2-1 OF ARTICLE I OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE, CHANGING THE GENERAL MUNICIPAL ELECTION DATE FROM MARCH OF EVEN-NUMBERED YEARS TO THE STATEWIDE AND PRESIDENTIAL GENERAL ELECTION, COMMENCING WITH THE NOVEMBER, 2022 ELECTION ANALYSIS: At the June 21, 2021 City Council Meeting, Staff provided City Council concerning potential election dates to be consistent with state law. The Council requested that staff return with an ordinance to amend the City’s Municipal Code to hold municipal elections at the same date as the statewide and Presidential elections, in November of even-numbered years. Once the ordinance changing the election date of the City is adopted, the City Clerk must submit the ordinance to the Los Angeles County Board of Supervisors for approval, and send a notice to all voters within thirty days after the Board's approval. FISCAL IMPACT: It is anticipated that County election expenses will be approximately $85,000 for the November 2022 election. It should be stressed that these are estimates at this time, it could be less due to potential cost- sharing between those agencies sharing items on the ballot in November 2022. In addition, the City is required to mail a notice of the election date change to every registered voter in the City. The one-time noticing cost is not expected to exceed $10,000. $110,000 of election budget was included in the FY 2020-21 Approved Budget. If Council approves moving the next election to November 2022, Staff will return at appropriate time to authorize a budget carryover to Fiscal Year 2022-2023. Amending Election Date August 16, 2021 Page 3 Prepared by: Prepared by: Adrian Garcia, MMC Marco A. Martinez Chief Deputy City Clerk City Attorney Reviewed and Approved: Reviewed and Approved: Nico De Anda-Scaia Sergio Gonzalez Deputy City Manager City Manager Attachment: 1) Ordinance No. 2021-04 ORDINANCE NO. 2021-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING SECTION 2-1 OF ARTICLE I OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE, CHANGING THE GENERAL MUNICIPAL ELECTION DATE FROM MARCH OF EVEN-NUMBERED YEARS TO THE STATEWIDE AND PRESIDENTIAL GENERAL ELECTION, COMMENCING WITH THE NOVEMBER, 2022 ELECTION WHEREAS, in November 2017, the City changed the date of its March general municipal elections from odd-number-years to even-number-years, following the passage of Senate Bill 415 (SB 415), the California Voter Participation Rights Act (“Act”); and WHEREAS, SB 415 amended the Election Code pertaining to municipal election dates and required cities that held stand-alone municipal elections on “non concurrent” dates (e.g., March of odd-numbered years) to eventually change their elections dates to coincide with statewide election dates, unless voter turnout rates for past standalone elections fall below certain thresholds set forth in the Act; and WHEREAS, as a result the City amended its municipal code to coincide with the statewide election held on the first Tuesday after the first Monday of March of even numbered years to be in compliance with SB 415; and WHEREAS, pursuant to Section 2-1 of the Azusa Municipal Code, the City of Azusa (“City”) currently holds its general municipal election for City Council members and other City elected officials on the first Tuesday after the first Monday in March of each even-numbered year; and WHEREAS, subsequent to the passage of SB 415, the legislature adopted Senate Bill 970 (SB 970), which was signed by Governor Newsom on September 18, 2020 and became operative on January 1, 2021, and WHEREAS, SB 970 moved the March statewide primary to June in non-presidential years, while keeping the March date for presidential election years; and WHEREAS, as a result there is no March 2022 statewide election and the statewide primary is set forth for June 7, 2022; and WHEREAS, in 2024, the statewide primary reverts back to March, and in 2026, the primary would be held in June; and WHEREAS, it is the intent of the City Council to amend the municipal code to be in compliance with SB 415 and SB 970; and Attachment 1 -2- WHEREAS, it is also the intent of the City Council to amend the municipal code to state the general municipal election would be held on the same date as the statewide and Presidential general elections. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 2-1 of Article I of Chapter 2 of the Azusa Municipal Code is hereby amended to read as follows: “Sec. 2-1. – General municipal election. (a) Pursuant to California Elections Code §§ 1301(b) and 14050-14057, and commencing with the March 3, 2020 November, 2022 election, the date of the general municipal election shall be moved from the first Tuesday after the first Monday in March of each even-numbered year to the first Tuesday after the first Monday in a Statewide and Presidential General Elections of even-numbered year. The March 8, 2022 election is hereby cancelled. (b) Pursuant to California Elections Code §10403.5(b), all Azusa elected officials whose terms of office are scheduled to expire in March, 2022 shall have their terms of office extended to November, 2022, or until their successors are elected and have been qualified. All Azusa elected officials whose terms of office are scheduled to expire in March, 2024 shall have their terms of office extended to November, 2024, or until their successors elected and have been qualified. Officials elected to new terms in November, 2022, 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. (d) At least one general municipal election shall be held on the date set forth in subsection (a) above before this section may be subsequently repealed or amended." 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. -3- 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 Azusa 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: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held 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 Azusa 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 6: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in the San Gabriel Valley Tribune, a newspaper published and circulated in the City of Azusa, and thereupon and thereafter this ordinance shall take effect and be in force according to law. PASSED, APPROVED, AND ADOPTED this 16th day of August, 2021. ___________________________________ Robert Gonzales Mayor ATTEST: __________________________________ Jeffery Lawrence Cornejo Jr. City Clerk -4- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Ordinance No. 2021-04, was duly introduced and placed upon first reading at a regular meeting of the Azusa City Council on the 19th day of July, 2021 and that thereafter, said Ordinance No. 2021-04 was duly adopted and passed at a regular meeting of the Azusa City Council on the 16th day of August, 2021 by the following vote wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: __________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: __________________________________ City Attorney Best Best & Krieger LLP