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Home My WebLink About1982 ORDINANCE NO. 1982 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.02.010 "GENERAL MUNICIPAL ELECTIONS" RELATING TO CHANGING THE GENERAL MUNICIPAL ELECTION DATE TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EACH EVEN-NUMBERED YEAR, COMMENCING WITH THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 2020, IN ORDER TO COMPLY WITH SENATE BILL 415. City Attorney's Summary This ordinance amends Section 2.02.010 of the City's Municipal Code changing the general municipal election date from the first Tuesday after the first Monday in November of each odd-numbered year to the first Tuesday after the first Monday in November of each even-numbered year, commencing with the general municipal election of November 2020. This ordinance reduces the terms of office for Councilmembers that would have expired in December 2021 and 2023 which shall, instead, expire in the same manner, but after the occurrence of the November 2020 and 2022 general municipal elections established by this ordinance. WHEREAS, the City of Palm Springs's general municipal elections are now held in the month of November of odd-numbered years for the purpose of electing five members of City Council; and WHEREAS, Senate Bill 415 (SB 415), the "California Voter Participation Rights Act" prohibits local governments from holding a general election on any date other than a statewide election date if doing so has resulted in a "significant decrease in voter turnout", meaning voter turnout has been at least 25% below the average turnout in that jurisdiction in the previous four statewide general elections; and WHEREAS,the California Constitution, article XI, section 5, generally gives charter cities the power to legislate "in respect to municipal affairs" over inconsistent state laws and these municipal affairs include the "conduct of city elections" and "the times at which... the several municipal officers... whose compensation is paid by the city shall be elected..."; and WHEREAS, however, the California Supreme Court has ruled that if the subject of the state statute is one of "statewide concern" and that the statute is reasonably related to its resolution, then the conflicting charter city law is preempted by state law and state law will govern; and Ordinance No. 1982 Page 2 WHEREAS, California Attorney General Xavier Becerra issued Opinion No. 16-603 on July 11, 2017, finding that SB 415 — addresses the integrity of the electoral process, thereby making it one of "statewide concern" and preemptive of any local charter city law to the contrary; and WHEREAS, in accordance with SB 415 and Attorney General Opinion No. 16-603, the City has determined that SB 415 applies to Palm Springs and that its elections in odd- numbered years have resulted in a "significant decrease in voter turnout" and it must, therefore, adopt a transition plan to consolidate it general municipal elections with a statewide election date to occur not later than November 8, 2022; and WHEREAS, Sections 1301 and 10403.5 of the California Elections Code, authorize the City Council to change the general municipal election date and to increase or decrease any terms of office by not more than 12 months to match terms with said new date; and WHEREAS, in order to comply with SB 415, the City Council desires to change its general municipal election date to the first Tuesday after the first Monday in November of even-numbered years to coincide with the statewide general elections beginning in November 2020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS: SECTION 1 Change of Election Day. Pursuant to Sections 1000 and 1301 of the California Elections Code, as of November 2020, the City's general municipal election date shall be moved, from November of odd-numbered years, to the first Tuesday after the first Monday in November of even-numbered years, to coincide with the statewide general elections. SECTION 2. Code Amendment. Section 2.02.010 of the Palm Springs Municipal Code is hereby amended to read: (new words and phrases are underlined; deletions are indicated by being stricken through) "2.02.010 General municipal election. Commencing With the November, 2020 election, the Palm Springs general municipal elections shall be-consolidated with established elections dates and shall be held on the first Tuesday following the first Monday of November of yea; even-numbered year to coincide with statewide general elections. In accordance with Sections 1301 and 10403.5 of the California Elections Code, the term of any elected City Councilmember that would have expired in December 2021 and 2023 shall, instead, expire in the same manner, but after the occurrence of the November 2020 and 2022 general municipal elections established by this Ordinance." Ordinance No. 1982 Page 3 SECTION 3. Consolidated Elections. Pursuant to Section 1301 and 10403.5 of the California Elections Code, the City hereby requests the County of Riverside approve this ordinance and allow for consolidation of the City's general municipal election with the statewide general election conducted by the County in November of each even-numbered year, beginning in November 2020. SECTION 4. Effective/Operative Date. Pursuant to City Charter Section 315, the City Council finds that this Ordinance relates to an election and, therefore, becomes effective immediately upon adoption by a majority vote of the City Council, however, this Ordinance shall not become operative until it is approved by the Riverside County Board of Supervisors as provided b California Elections Code Sections 1301 b 1 and P P Y O( ) it 10403(a)(1). SECTION 5. Notice to Voters. Pursuant to Section 10403.5(e) of the California Elections Code, within 30 days after this Ordinance becomes 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 of City Councilmembers will be reduced by not more than 12 months. SECTION 6. Request to the County. The City Clerk shall forward a copy of this Ordinance to the Riverside County Board of Supervisors with a request that it be approved pursuant to California Elections Code Sections 1301 and 10403.5. SECTION 7. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law. SECTION 8. Entry of Note into Charter. Within thirty (30) days following the Operative Date of this Ordinance, the City Clerk is hereby directed to enter a notation that, pursuant to Attorney General Opinion No. 16-603, elements of Section 800 of the City Charter are superseded by preemptive State law, i.e., the California Voter Participation Rights Act. To the extent that Sections 800 of the City Charter conflict with the provisions of this Ordinance, this Ordinance shall govern. PASSED, APPROVED AND ADO D BY TH LM SPRINGS CITY COUNCIL THIS 20TH DAY OF FEBRUARY, 2019. ROBERT MOON MAYOR ;EST: HONY JI , MM CITY CLE K Ordinance No. 1982 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. 1982 is a full, true, and correct copy, and was adopted by the City Council at a regular meeting held on the 20th day of February, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: Councilmember Roberts ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this )--i•tN day of e , 2019. HONY . ME IA C CITY CLE