HomeMy WebLinkAboutORD 1391 ORDINANCE NO. 1391
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, REPEALING ORDINANCE NO. 1244
AND REPEALING SECTION 30.05 OF CHAPTER 30 OF THE BALDWIN
PARK MUNICIPAL CODE, MOVING THE DATE OF THE CITY'S
GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY
AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED
YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN
NOVEMBER OF EVEN-NUMBERED YEARS BEGINNING IN
NOVEMBER 2018.
WHEREAS,the City's General Municipal Election is now scheduled for the first Tuesday after
the first Monday in November of odd-numbered years; and
WHEREAS,beginning January 1, 2018, Senate Bill 415 (SB 415), the California Voter
Participation Rights Act, prohibits a local government, like the 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 significant decrease in voter turnout(i.e., at least 25% less than the
average voter turnout within the city for the previous four statewide general elections, except as
specified); and
WHEREAS, as the City has experienced a significant decrease in voter turnout as identified by
Los Angeles County Recorder, the City has determined that, in accordance with and to be in
compliance with SB 415, the City must begin conducting its general municipal elections on
statewide general election dates; and
WHEREAS, Elections Code Sections 1301 and 10403.5 authorize the City to change the date of
its general municipal election to coincide with the date of a statewide general election; and
WHEREAS,the City Council wishes to consolidate its elections with the statewide general
elections conducted by the County of Los Angeles on the first Tuesday after the first Monday in
November of even-numbered years beginning in November 2018; and
WHEREAS,pursuant to Elections Code Section 10403.5(b), and in order to accomplish the
change in election date,the terms of the Mayor and all current incumbent City Council members
shall be increased by no more than 12 months (one year) as follow:
A. The Mayor and those Council members whose terms of office would have, prior to
the adoption of this Ordinance, expired following the November 2017, general
municipal elections shall, instead, continue in their offices until certifications of the
results and administrations of the oaths of office after the November 2018 City
election.
Ordinance No. 1391
Page No. 2
B. Those City Council members whose terms of office would have, prior to the adoption
of this Ordinance, expired following the November 2019, general municipal election,
shall instead, continue in their offices until certification of the results and
administration of the oaths office after the November 2020 City election; and
WHEREAS,pursuant to Elections Code Section 10403.5(e), within 30 days after the Ordinance
becomes operative, the City Clerk shall cause a notice to be mailed to all registered voters,
within the City, informing the voters of the change in the election date and the extended terms of
the current elected Mayor and City Council members.
WHEREAS, the adoption of this Ordinance shall cancel the City's November 7, 2017, general
municipal election and set the next general municipal election of the City on November 6, 2018,
and every election thereafter on the first Tuesday after the first Monday in November of even-
numbered years.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 1244 is hereby repealed in its entirety.
SECTION 2. Section 30.05 of Chapter 30 of the Baldwin Park Municipal Code entitled
"DATE OF MUNICIPAL ELECTIONS" is hereby repealed in its entirety.
SECTION 3. The terms of all current incumbent Mayor and City Council members shall
be increased by no more than 12 months (one year) as follow:
A. The Mayor and those Council members whose terms of office would have, prior to
the adoption of this Ordinance, expired following the November 2017, general
municipal elections shall, instead, continue in their offices until certifications of the
results and administrations of the oaths of office after the November 2018 City
election.
B. Those City Council members whose terms of office would have,prior to the adoption
of this Ordinance, expired following the November 2019, general municipal election,
shall instead, continue in their offices until certification of the results and
administration of the oaths office after the November 2020 City election
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published according to law.
SECTION 5. Within 30 days after the Ordinance becomes operative, the City Clerk shall
cause a notice to be mailed to all registered voters, within the City, informing the voters of the
change in the election date and the extended terms of the current elected Mayor and City Council
members.
Ordinance No. 1391
Page No. 3
PASSED, APPROVED AND ADOPTED ON November 16, 2016.
►- UEL LOZANO
AYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Ordinance was duly introduced and placed upon its first reading at a regular meeting
of the City Council of the City of Baldwin Park on November 2, 2016. Thereafter, said
Ordinance No. 1391 was duly approved and adopted at a regular meeting of the City Council of
the City of Baldwin Park on November 16, 2016, by the following vote:
AYES: COUNCIL MEMBERS: Garcia, Lozano, Pacheco
NOES: COUNCIL MEMBERS: Baca, Rubio
ABSENT: COUNCIL MEMBERS: None.
ABST I : COUNCIL M BERS: None.
ALEJAND AVILA
CITY CLERK