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HomeMy WebLinkAboutORD 01(2017)ORDINANCE NO. 01(2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MOVING CITY COUNCIL ELECTIONS TO A STATEWIDE GENERAL ELECTION DATE AS REQUIRED BY STATE LAW. WHEREAS, Senate Bill 415, Elections Code §§14050 et seq., the "California Voter Participation Rights Act" (hereafter, the "Voter Rights Act') requires a city to move its city council elections to a statewide general election date if: (1) city council elections are held on a date other than a statewide election date; and (2) if the result of holding city council elections on a date other than a statewide election results in a "significant decrease in voter turnout"; and WHEREAS, a "significant decrease in voter turnout' under the Voter Rights Act occurs if the voter turnout for city council elections is at least 25% less than the average voter turnout within the city for the previous four statewide general elections; and WHEREAS, statewide general election dates are defined in Elections Code §§ 1000 and 1001 as either: (1) the first Tuesday after the first Monday in June of each even -numbered year; or (2) the first Tuesday after the first Monday in November of each even -number year; and WHEREAS, the City of Diamond Bar ("City") is required by the Voter Rights Act to move its city council elections to a statewide general election date because: (1) elections for the City Council of the City of Diamond Bar ("City Council') are currently held in November of odd -numbered years; and (2) the voter turnout for City Council elections has been at least 25% less than the average voter turnout in the City for the previous four statewide general elections; and WHEREAS, the City Council has determined to hold its elections on the statewide general election date that occurs on the first Tuesday after the first Monday in November of even -numbered years; and WHEREAS, in order to move City Council elections to the November statewide general election date and comply with the mandates of the Voter Rights Act, the City Council is required to modify the terms of the City Council for the next two election cycles; and WHEREAS, Elections Code §10403.5 provides that when the City Council adopts an ordinance to move its election to statewide general election dates that it shall not increase or decrease the term of office of a City Council member by more than 12 months. 1 1196503.1 NOW THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: SECTION I Elections for members of the City Council of the City of Diamond Bar ("City Council') shall, beginning in November of 2018, be held on the November statewide general election date, which is the first Tuesday after the first Monday in November of even -numbered years. To move City Council elections to the November statewide general election date the City Council election currently scheduled for November 2017 shall be held on the statewide general election date in November of 2018. The City Council election currently scheduled for November 2019 shall be held on the statewide general election date in November of 2020. SECTION II Members of the City Council whose term of office would otherwise expire upon the declaration of election results and installation of newly elected City Council members in December of 2017, shall continue in their offices for an additional 12 months to December of 2018. Members of the City Council whose term of office would otherwise expire upon declaration of election results and installation of newly elected City Council members in December of 2019, shall continue in their offices for an additional 12 months to December of 2020. SECTION III A certified copy of this Ordinance shall be transmitted to the Registrar of Voters and the Board of Supervisors for the County of Los Angeles for a report and approval thereof in accordance with Elections Code § 10403.5. SECTION IV Within 30 days after the Board of Supervisors has approved this Ordinance and made it operative, the City Clerk shall cause a notice to be mailed to all registered voters in the City informing the voters of the change in the election date and that as a result of the change in election date, the terms of office of the currently seated City Council will be increased, for the existing term only, to five years. SECTION V: If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. 2 1196503.1 SECTION VI: Pursuant to Government Code §36937(a) this Ordinance shall take effect immediately upon adoption by the City Council as it relates to an election and shall become operative upon approval by the Board of Supervisors. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a certified copy of this Ordinance to be posted within fifteen (15) days after this Ordinance becomes effective, in the Office of the City Clerk and two additional public places, together with the vote for and against the same. ADOPTED this 7th day of March 2017. r Jimmy in, Mai6r ATTEST: Tommye'Cribbins, City Clerk I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 7th day of March , 2017, and was duly passed, approved and adopted the same day, by the following vote: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: Lyons ABSENT: COUNCIL MEMBERS: hone ABSTAIN: COUNCIL MEMBERS: None r Tommyd Cribbins, City Clerk 1196503.1