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HomeMy Public PortalAboutOrd. 1694ORDINANCE NO. 1694 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING ORDINANCE 1142, CONSOLIDATING GENERAL MUNICIPAL ELECTIONS WITH SCHOOL DISTRICT ELECTIONS, AND ADDING CHAPTER 2-1.8 TO THE LYNWOOD MUNICIPAL CODE TO COMPLY WITH SB415, THE CALIFORNIA VOTER PARTICIPATION ACT, PURSUANT TO THE RESOLUTION OF THE CITY LYNWOOD TO INCREASE VOTER TURNOUT WHEREAS, at the meeting on April 4, 2017, the City resolved to increase voter turnout, in compliance with SB415, THE CALIFORNIA VOTER PARTICIPATION ACT; and WHEREAS, SB415 prohibits the City from conducting an election on a date other than on a statewide election date if holding an election on a non -concurrent date previously resulted in "significant decrease in voter turnout"; and WHEREAS, the City has experienced "significant decrease in voter turnout" because the "voter turnout for a regularly scheduled election" in the City was at least 25% below the average voter turnout within the City for the previous four (4) statewide general elections, approximately 10.93 percent less than the average voter turnout within the City for the 2008, 2010, 2012, and 2014 California general elections; and WHEREAS, Sections 1301 and 10403.5 of the California Elections Code, authorize the City Council to reschedule its general municipal election and to increase or decrease any terms of office by not more than 12 months; and WHEREAS, the City Council desires to reschedule and synchronize its general municipal election to the first Tuesday after the first Monday in November of even - numbered years to coincide with the statewide general elections beginning in November 2018. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. Lynwood Ordinance 1142, requiring that City elections occur concurrently with the school district elections, is hereby repealed in its entirety. Section 2. That, subject to the City's request for consolidation of its elections with statewide elections being approved by the Los Angeles County Board of Supervisors, Section 1.8 of Chapter 2 of the Lynwood Municipal Code is added to read: 2-1.8 Lynwood City Municipal Election Commencing with the statewide election to be held in November 2018, the City hereby consolidates the election date for all elected officials of the City with the statewide election date for the California general election in November in even - numbered years (Elections Code section 1001), pursuant to Elections Code section 1301. The date of the local 2017 election shall take place in November 2018 and each subsequent City election shall be held four years thereafter in November in even - numbered years. The date of the local 2019 election shall take place in November 2020 and each subsequent City election shall be held four years thereafter in November in even -numbered years. Section 3. The City Manager or her designee is authorized to take action as may be necessary to implement this Ordinance. . Section 4. The Mayor or presiding office of the City of Lynwood City Council is hereby authorized to affix their signature to this Ordinance signifying its adoption by the City Council of the City of Lynwood. Section 5. This Ordinance shall go into effect and be in full force and operation upon adoption by a 4/5 vote of the City Council. Per California Government Code subsection (a) of section 36937, an ordinance takes effect immediately if it is an ordinance relating to an election. The Council found on April 4, 2017, pursuant to Resolution No.2017.060, that the City should immediately move to change its election date to even years in order to comply with S13415, the "California Voter Participation Act," to increase voter turnout, and to establish a schedule as early as possible before the November election date. The City Council finds and determines that adoption of this Ordinance is for the immediate preservation of the public peace, health and safety, as those terms are defined in California Government Code Section 36937(b). Section 6. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council herelay declared that it would have adopted this Ordinance and each chapter, section, . subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. Section 7. Pursuant to Section 10403.5(e) of the California Elections Code, within 30 days after this Ordinance become operative, the City elections official shall cause notice to be mailed to all registered voters informing the voters of the change in the election date made by this Ordinance and that, as a result of the change in election date, the terms of office City Officeholders will be extended (or reduced) by not more than 12 months. 0) Section 8. Pursuant to Sections 1301 and 10403.5 of the California Elections Code, the City hereby requests the County of Los Angeles approve this Ordinance and allow for consolidation of the City's general municipal elections with the statewide general election conducted by the Council of Los Angeles in November of each even - numbered year, beginning in November 2018. Section 9. The City Clerk of the City of Lynwood shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. First read at a regular meeting of the City Council held on the 18th day of April, 2017 and adopted and ordered published at a regular meeting of said Council on the 2nd day of May, 2017. PASSED, APPROVED AND ADOPTED this day 2nd of May, 2017. ATTEST: APPROVED AS TO FORM: —arsia; City Attorney 3 M ria T. Santillan-Beas, Mayor APPROVED AS TO CONTENT: Alma K. Martinez, Cjiy Manager STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 2"d day of May, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk said City, do hereby certify that the above and foregoing is a full, of Ordinance No. 1694 in my office and that said Ordinance was and by the vote therein stated. Dated this 2nd day of May, 2017. Ztar4Quinonez,City Clerk 4 of the City Council of true and correct copy adopted on the date