HomeMy Public PortalAboutOrd 1183ORDINANCE NO. 1183
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, SETTING THE DATE OF GENERAL MUNICIPAL ELECTION ON THE
SAME DATE OF STATEWIDE GENERAL ELECTION AND EXTENDING THE TERMS
OF CURRENT COUNCIL MEMBERS TO COINCIDE WITH THE SAME
WHEREAS, the City of Rancho Mirage ("City") is a charter city and municipal
corporation; and
WHEREAS, a "General Municipal Election" is a regularly scheduled election that
includes a ballot to elect members of the City Council; and
WHEREAS, pursuant to Section 1000 of the California Election Code, the dates a
city may hold its general municipal election are as follows: (a) the first Tuesday after the
first Monday in March of each even -numbered year that is evenly divisible by four; (b) the
first Tuesday after the first Monday in March of each odd -numbered year; (c) the second
Tuesday of April in each even -numbered year; (d) the first Tuesday after the first Monday
in June in each even -numbered year that is not evenly divisible by four; or (e) the first
Tuesday after the first Monday in November of each year; and
WHEREAS, the City's General Municipal Election has historically been held on the
second Tuesday of April in each even -numbered year pursuant to Section 1000(c) of the
California Elections Code; and
WHEREAS, the California Voter Participation Rights Act, which was signed by
former Governor Brown on September 1, 2015, and took effect on January 1, 2018,
provides that a city shall not hold an election other than on a statewide election date if
holding an election on a nonconcurrent date has previously resulted in a significant
decrease in voter turnout; and
WHEREAS, Section 14051(b) of the California Elections Code defines "significant
decrease in voter turnout" to mean the voter turnout for a regularly scheduled election in
a political subdivision is at least 25 percent less than the average voter turnout within that
political subdivision for the previous four statewide general elections; and
WHEREAS, Section 14051(b) of the California Elections Code defines "voter
turnout" to mean the percentage of voters who are eligible to cast ballots within a given
political subdivision who voted; and
WHEREAS, pursuant to Section 1200 of the California Elections Code, Statewide
General Elections are held on the first Tuesday after the first Monday in November of
each even -numbered year; and
WHEREAS, voter turnout of Rancho Mirage registered voters for the 2018 Rancho
Mirage General Municipal Election was 56.09% compared to an average 78.76% voter
turnout of Rancho Mirage registered voters for the previous four Statewide General
Elections, which represented a 22.67% difference in voter turnout which was below the
25% voter turnout difference threshold; and
WHEREAS, however, voter turnout of Rancho Mirage registered voters for the
2020 Rancho Mirage General Municipal Election was 51.59% compared to an average
80.18% voter turnout of Rancho Mirage registered voters for the previous four Statewide
General Elections, which represents a 28.59% difference in voter turnout, exceeding the
25% voter turnout difference threshold that now requires the City to move its General
Municipal Election to coincide with the Statewide General Election held on the first
Tuesday after the first Monday in November of each even -numbered year, which means
the City's next General Municipal Election must be moved to November 8, 2022; and
WHEREAS, in light of the foregoing, the City Clerk and City Attorney have advised
the City Council that moving the City's General Municipal Election to the same date as
the Statewide General Election is legally required and they both recommend that the City
Council adopt an ordinance pursuant to Section 1301 of the California Elections Code to
require the City's General Municipal Election to be held on the same date as the Statewide
General Election which is held on the first Tuesday after the first Monday in November of
each even -numbered year; and
WHEREAS, pursuant to section 10403.5(b) of the California Elections Code, as a
result of the adoption of this ordinance, the current terms of office may be extended to
coincide with the Statewide General Election, provided such extensions do not exceed
12 months.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully
set forth herein.
Section 2. GENERAL MUNICIPAL ELECTION
That the Rancho Mirage Municipal Code shall be amended to include Chapter 2.05
General Municipal Election) as follows:
Chapter 2.05
General Municipal Election
2.05.005 Date of General Municipal Election.
The city's general municipal election shall be held on the first Tuesday after
the first Monday in November of each even -numbered year to coincide with the
statewide general election.
2
2.05.010 Newspaper Notice.
Not earlier than the 127th nor later than the 113th day before the general
municipal election, the city clerk shall publish a notice of election at least once in
a newspaper of general circulation pursuant to Section 12101 of the California
Elections Code.
2.05.015 Notice Content
The notice must be entitled "Notice of Election" and must contain a
statement of the following: (a) the time of the election; and (b) the office to be filled,
specifying full term or short term, as the case may be, pursuant to Section 12101(a)
of the California Elections Code.
2.05.020 Notice form.
The notice of the general municipal election shall be substantially in the
following form:
Notice is hereby given that a (general or special) municipal election will
be held in the of _ on , the day of , 20_, for the
following officers: (name them).
The polls will be open between the hours of _ m. and _ M.
City Clerk:
Dated:
Section 4. TERMS OF OFFICE
Pursuant to section 10403.5(b) of the California Elections Code, as a result of the
adoption of this ordinance, the current terms of office of those council members elected
in April 2018 and April 2020 shall be extended accordingly to coincide with moving the
City's General Municipal Election to the same dates of the Statewide General Election
which are held on the first Tuesday after the first Monday in November of each even -
numbered year.
Section 5. BOARD OF SUPERVISORS
Pursuant to Section 1301 of the California Elections Code, the City Clerk shall
submit a certified copy of this ordinance to the Riverside County Board of Supervisors for
its approval.
Section 6. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph,
sentence, or word of this ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
3
remaining provisions, sections, paragraphs, sentences, or words of this ordinance as
hereby adopted shall remain in full force and effect.
Section 7. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted
by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are
hereby repealed.
Section 8. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its adoption.
Section 9. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the
authority to adopt this ordinance, that the ordinance is constitutionally valid, and that the
ordinance is consistent with the general powers and purposes of the City as set forth in
Section 1.04.031 of the RMMC.
Section 10. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause
the same to be published according to law.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
4
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on June 3, 2021, by the following vote:
Ayes: Hobart, Kite, Smotrich, Townsend, Weill,
Noes: None.
Abstain: None.
Absent: None.
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Steven B. Quintanilla, City Attorney
CITY OF RANCHO MIRAGE:
Ted Bill, M yor
M
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF RANCHO MIRAGE)
I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby
certify under penalty of perjury, that the foregoing Ordinance No. 1183 was introduced
by first reading at a regular meeting of the City Council held on May 20, 2021, by the
following vote:
AYES: Hobart, Kite, Smotrich, Townsend, Weill.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Ordinance No. 1183 was adopted at a regular meeting of the City Council held
on June 3, 2021, by the following vote:
AYES: Hobart, Kite, Smotrich, Townsend, Weill,
NOES: None.
ABSENT: None.
ABSTAIN: None.
I further certify that I have caused Ordinance No. 1183 to be posted and/or
published, as required by law (GC Sect. 36933).
Kristie Ramos
City Clerk