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Home My Public Portal About2022.041 (03-01-22) • RESOLUTION NO. 2022.041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, FOR THE SUBMISSION TO THE VOTERS A MEASURE LIMITING THE NUMBER OF FOUR-YEAR TERMS THAT MAY BE SERVED BY MEMBERS OF THE LYNWOOD CITY COUNCIL WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a Municipal Election shall be held on June 7, 2022; and WHEREAS, California Government Code section 36502(b) provides that the City Council of a general law city may adopt a proposal to limit the number of terms a member of the city council may serve upon approval by a majority vote of City residents; WHEREAS, the City Council desires to submit to qualified voters a measure (hereinafter the "Measure") related to limiting the number of four-year terms that may be served by members of the Lynwood City Council; and WHEREAS, pursuant to Government Code section 36502(b), such term limits shall apply prospectively only to those terms of office which commence on or after November 8, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lynwood, California, on Tuesday, June 7, 2022, a Municipal Election for the purpose of considering a measure related to limiting the number of four-year terms that may be served by members of the Lynwood City Council. Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Municipal Election the following question for approval which requires a majority vote: Lynwood Governance Stabilization Shall the ordinance limiting the number of four-year terms that may be YES served by members of the Lynwood City Council be limited to three consecutive terms prospectively be adopted? NO Section 3. That the proposed complete text of the Ordinance submitted to the voters is attached hereto as Attachment No. 1 and is approved by the City Council. 1 Section 4. That the ballots to be used at the election shall be in form and content as required by law. Section 5. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 6. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when the polls shall be closed, pursuant to Elections Code § 10242, except as provided in § 14401 of the Elections Code of the State of California. Section 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding of municipal elections. Section 8. That notice of the time and place of holding of 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. Section 9. That the City will bear all costs customarily charged by the County to a city in connection with a ballot question submitted at a municipal election that is consolidated with an election conducted by the County. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. The City Treasurer is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the Measure on the election ballot. Section 10. This Resolution shall take effect immediately upon adoption. Section 11. That the City Clerk shall certify to the passage and adoption of this City Council Resolution and enter it into the book of original Resolutions. PASSED, APPROVED and ADOPTED this 1st day of-1 arch, 2022. • 2 ATTEST: d'e?,7_) Maria Quinone City Clerk (.1 - APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia, V Ernie He; dez, City Attorney City Ma er 3 ATTACHMENT No. 1 PROPOSED ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AMENDING SECTIONS 2-1.6.2 AND 2-1.6.3 OF THE LYNWOOD MUNICIPAL CODE WHEREAS, the City of Lynwood (the "City") is a general law city, incorporated under the laws of the State of California; and WHEREAS, California Government Code section 36502(b) provides that the City Council of a general law city may adopt a proposal to limit the number of terms a member of the city council may serve on the city council upon approval by a vote of the City residents; and WHEREAS, pursuant to Government Code section 36502(b), such term limits shall apply prospectively only to those terms of office which commence on or after November 8, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council does hereby find the above recitals correct and incorporate them herein as part of the findings. Section 2. Sections 2-1.6.2 and 2-1.6.3 of Chapter 2 of the Lynwood Municipal Code are hereby amended to read as follows: 2-1.6.2 Term Limits of City Council: No person shall serve more than twethree (23) consecutive terms on the Lynwood city council. The completion of any unexpired term to which such person was elected or appointed shall not be considered a term for the purposes of this subsection. Any elected official who has served twethree (23) consecutive terms shall not be reelected as a member of the city council. 2-1.6.3 Prospective Application: This subsection 2-1.6 shall apply prospectively, beginning with the terms of office commencing after the city's regularly scheduled election in November 200-92022, so that a person taking office after said election shall be prohibited from serving more than twethree (23) consecutive terms thereafter. Section 3. Severability. If any section, subsection, sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation such 4 decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. Section 4. Adoption; Effective Date. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published or posted according to law. This Ordinance shall become effective thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Lynwood, California this day of , 2022. Jorge Casanova Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia, Ernie Hernandez, City Attorney City Manager • 5 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 resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the 1st day of March, 2022 and passed by the following vote: AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSTAIN: NONE ABSENT: NONE LA' 9* it �(� Si aria Quinonez, City Clerk dir STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2022.041 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 1st day of March, 2022. ale4/ 617/a4--t42.)Maria Quinonez, City Clerk 6