City Of Glendora: Adopted Ordinance 2062 - Change Of Election Date And Terms Of Office

Press release from the City of Glendora:

09/23/2021

IMPORTANT: Coronavirus (COVID-19) Information

ORDINANCE NO. 2062

AN ORDINANCE CHANGING THE DATE OF THE CITY’S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EVEN-NUMBERED YEARS TO THE DATE OF THE Statewide general ELECTION IN EVEN-NUMBERED YEARS IN RESPONSE TO SB 970, AMENDING CHAPTER 2.54 OF THE GLENDORA MUNICIPAL CODE, ADJUSTING TERMS OF OFFICE IN LIGHT OF SAME, AND REPEALING ORDINANCE No. 2029

THE CITY COUNCIL

City of Glendora, California

WHEREAS,  the City of Glendora (“City”) was required under Senate Bill 415, which is also known as the California Voter Participation Rights Act (Elections Code Sections 14050-14057), to change the date of the City’s general municipal election to coincide with statewide election dates no later than the November 8, 2022, statewide general election; and

WHEREAS,  in February 2018, the Glendora City Council complied with Senate Bill 415

by adopting Ordinance No. 2029 to consolidate the general municipal election with the statewide primaries to be held in March of even-numbered years beginning in 2020 pursuant to the provisions

of the Elections Code; and

WHEREAS,  in September 2020, the California Legislature passed Senate Bill 970, which changed the date of the statewide primary to the first Tuesday after the first Monday in June of even-numbered years without a presidential primary, but kept the date of the statewide primary as the first Tuesday after the first Monday in March of even-numbered years with a presidential primary; and

WHEREAS,  the Glendora City Council will remain in compliance with Senate Bill 415 by changing the date of Glendora’s general municipal election to the date of the statewide general election of each even-numbered year, and will avoid having different election date depending on the year; and

WHEREAS,  by changing the date of the Glendora’s general municipal election to align with the California Legislature’s recent amendments, it is necessary to extend the City Council terms of office. The Legislature approved Senate Bill 590, as a necessary legislative “fix” to a situation the Legislature created.

            NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1.  ESTABLISHMENT OF ELECTION DAY. The City Council hereby cancels the March 8, 2022 City of Glendora general municipal election and establishes the date of the statewide general election in each even-numbered year as the date of the general municipal election in the City of Glendora commencing with the November 2022 election.

SECTION 2.  Section 2.54.010 of Chapter 2.54 of the Glendora Municipal Code is amended, in its entirety to read as follows (new text in bold italics; deleted text in strikethrough): 

“Chapter 2.54 Elections

2.54.010 Date of General Municipal Election. Pursuant to Sections 1000 and 1301 of the California Elections Code, and commencing on November 2022, the date of the General Municipal Election is moved from the first Tuesday after the first Monday in March of each even-numbered years to coincide with the statewide general elections.

            2.54.020 Extension of Incumbents’ Terms In accordance with Sections 1301 and 10403.5 of the California Elections Code, those terms of office that would have expired in March 2022 are hereby extended to coincide with the statewide primary election of 2022, and those terms of office that are scheduled to expire in March 2024 are hereby extended to coincide with the statewide primary election of 2024.”

            SECTION 3.  ADJUSTMENT TO TERMS OF OFFICE. The City Council hereby adjusts the terms of elected officials accordingly and hereby modifies the existing terms for the incumbents by increasing these terms of office on a one-time basis for seven (7) additional months given the change in date of the statewide general election in even years.

            SECTION 4.  OPERATIVE DATE. This ordinance shall become operative upon approval by the Los Angeles County Board of Supervisors as provided by Elections Code § 130l(b)(l) and 10403(a)(l).

            SECTION 5.  REPEAL ORDINANCE NO. 2029. The City Council hereby repeals Ordinance No. 2029.

            SECTION 6.  Notice to Voters. Pursuant to Elections Code § 10403.5(e), within 30 days after the operative date of this Ordinance, the City Elections Official shall cause a notice to be mailed to registered voters of the City of Glendora informing them of the change in the City of Glendora general municipal election date and the effect thereof on certain elected officials' terms of office.

            SECTION 7.  Request to the County. The City Clerk shall forward a copy of this Ordinance to the County Elections Division and Los Angeles County Board of Supervisors with a request that it be approved pursuant to California Elections Code Sections 1301 and 10403.5.

            SECTION 8.  SEVERABILITY. If any chapter, section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Glendora hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

            SECTION 9.  Certification/PUBLICATION. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation, published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk’s certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

SECTION 10.  The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the Glendora Press, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (GC § 40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force, subject to approval by the Los Angeles County Board of Supervisors.

PASSED, APPROVED and ADOPTED this 14th day of September, 2021.

City Council of Glendora, California

BY:  KAREN K. DAVIS, Mayor

APPROVED AS TO FORM:

Aleshire & Wynder, LLP

WILLIAM W. WYNDER, City Attorney

CERTIFICATION

I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 24th day of August, 2021. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 14th day of September, 2021, by the following roll call vote:

AYES:             COUNCIL MEMBERS:        Allawos, Fredendall, Thompson, Boyer and Davis.

NOES:             COUNCIL MEMBERS:        None.

ABSENT:       COUNCIL MEMBERS:        None.

ABSTAIN:      COUNCIL MEMBERS:        None.

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the 30th day of September, 2021.

Dated: September 15, 2021

Kathleen R. Sessman, City Clerk/Communications Director

This press release was produced by the City of Glendora. The views expressed here are the author’s own.