Loading...
ORDINANCE 1563 ORDINANCE NO. 1563 AN ORDINANCE ESTABLISHING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EVEN-NUMBERED YEARS BEGINNING IN MARCH 2022; AMENDING TITLE 1 OF THE EL SEGUNDO MUNICIPAL CODE; REQUESTING CONSOLIDATION WITH LOS ANGELES COUNTY PURSUANT TO ELECTIONS CODE SECTION 10403; AND REPEALING ORDINANCE NO. 1557. The City Council of the City of EI Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. The general municipal elections for the City of EI Segundo are currently held the second Tuesday of April in each even-numbered year; B. Government Code § 14052 prohibits a city from holding an election other than on a statewide election date, if holding an election on a non-concurrent date has previously resulted in voter turnout for a regularly scheduled election in that city, being at least 25% less than the average voter turnout within the city for the previous four statewide general elections; C. The City did not meet the qualifying criteria to continue to conduct stand- alone elections and is legally required to move its elections to the date of the statewide general election; D. On September 27, 2017, the Governor signed Senate Bill 568 (Lara) into law; starting in 2019, statewide election dates will be in March and November in each even-numbered year; E. The City desires to change its municipal election to the first Tuesday after the first Monday in March in even-numbered years starting in 2022, an established election date listed in Elections Code § 1000 and the date of the statewide general election; F. In order to accomplish the change in election date, the term of City Council Members elected in April 2018, who would otherwise be up for election in April 2022, would instead expire in March 2022. SECTION 2: Environmental Assessment. Adoption of the proposed Ordinance is statutorily exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§15000, et seq.), because the proposed Ordinance would amend the EI Segundo Municipal Code as far as timing of the City's election, and it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. ORDINANCE NO. 1563 Page 2 of 3 SECTION 3: ESMC Title 1 (Administration and Personnel), Chapter 4A (Elections), is amended as follows: Chapter 4A: ELECTIONS. Section 1-4A-1: Beginning in March 2022, general municipal elections for the election of Council members, the City Clerk and the City Treasurer, and for such purposes as the City Council may prescribe, will be held in the City on the first Tuesday after the first Monday in March in each even-numbered year. SECTION 4: Adjustment of Terms of Office. In accordance with Elections Code §§ 1301 and 10403.5(d), due to the change of election date, the terms of office of those members of the City Council elected in April 2018, whose terms would previously have expired in April 2022, will instead expire at the Council meeting after receipt of the certification of the results of the March 2022 General Municipal Election and upon administration of oaths of office. SECTION 5: Consolidated Election. Pursuant to Elections Code § 1301, the City Council requests the County of Los Angeles approve consolidation of the City's March City Council election with the statewide general election conducted by the County in March of each even-numbered year. SECTION 6: Notice to Voters. Pursuant to Elections Code § 10403.5, within 30 days after this Ordinance becomes effective, the City Clerk must cause a notice to be mailed to all registered voters of the City of EI Segundo (pursuant to the last report of registration by the County Clerk to the Secretary of State) informing the voters of the change in the election date. The notice must also inform the voters that as a result in the change in election date, elected city officeholders' terms in office will be changed. SECTION 7: Date of the First City Council Election in March. If this Ordinance becomes effective, the first City Council election to be held in March will be March, 8 2022. SECTION 8: Request to the County. The City Clerk is directed to forward, without delay, a certified copy of this Ordinance to the Los Angeles County Board of Supervisors and the County Election Department. SECTION 9: Ordinance No. 1557, adopted by the City Council on October 3, 2017, is hereby repealed. SECTION 10: Construction. This ordinance must be broadly construed in order to achieve the purposes stated in this ordinance. It is the City Council's intent that the provisions of this ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this ordinance. ORDINANCE NO. 1563 Page 3 of 3 SECTION 11: Severability. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this ordinance are severable. SECTION 12: The City Clerk is directed to certify the passage and adoption of this ordinance; cause it to be entered into the City of EI Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this ordinance, cause it to be published or posted in accordance with California law. SECTION 13: Pursuant to Government Code § 36937(a), this Ordinance takes effect immediately upon adoption. PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1563 this 191h day of December, 2017. 402a`lnne Fuentes, Mayor ATTEST: ,W Tracy eay. APPROVED AS TO FORM: Mark D. 4ensley, City Attorney CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1563 was duly passed, approved and adopted by said City Council at a regular meeting held on the 19th day of December, 2017, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Fuentes, Mayor Pro Tem Boyles, Council Member Brann, Council Member Dugan and Council Member Pirsztuk NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this R " day of December, 2017. . 11, lra y WeVer, h'y Clerk °'of,t e Cityof - Segundo, California