HomeMy WebLinkAboutOrdinance 1946 (Election Year Changes)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing:
ORDINANCE NO. 1946
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING
NEW CHAPTER 2.02, ENTITLED "ELECTIONS," TO THE SAN RAFAEL
MUNICIPAL CODE TO CHANGE THE DATE OF THE GENERAL MUNICIPAL
ELECTION FROM ODD -NUMBERED YEARS TO EVEN -NUMBERED YEARS; AND
ADOPTING A PLAN TO TRANSITION TO THE NEW ELECTION SCHEDULE AS OF
THE NOVEMBER 3, 2020 STATEWIDE GENERAL ELECTION
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 3`d day of April, 2017; was
published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper
published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a
REGULAR meeting of the City Council of said City, held on the 17`h day of April, 2017, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
8`h day of May, 2017
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1946
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ADDING NEW CHAPTER 2.02, ENTITLED
"ELECTIONS," TO THE SAN RAFAEL MUNICIPAL CODE TO
CHANGE THE DATE OF THE GENERAL MUNICIPAL
ELECTION FROM ODD -NUMBERED YEARS TO EVEN -
NUMBERED YEARS; AND ADOPTING A PLAN TO
TRANSITION TO THE NEW ELECTION SCHEDULE AS OF THE
NOVEMBER 3, 2020 STATEWIDE GENERAL ELECTION
WHEREAS, Article IV, Section 1, of the Charter of the City of San Rafael provides that
the City of San Rafael general municipal election shall be held "on the Tuesday after the first
Monday in November of each odd -numbered year or as hereafter provided by the State
Legislature under general law provisions determining the date of election for the governing
board members of a school district"; and
WHEREAS, pursuant to the Charter, the City currently holds its general municipal
election on the Tuesday after the first Monday in November of each odd -numbered year; and
WHEREAS, pursuant to Senate Bill (SB) 415, adopted by the State Legislature in 2015
and effective January 1, 2018, a "city, school or community college district, or other district
organized pursuant to state law," is prohibited from holding a general election other than on a
statewide election date, i.e., in June or November of even -numbered years, if holding an
election on a non -concurrent date, has previously resulted in a "significant decrease in voter
turnout", defined as voter turnout for a regularly scheduled election of the local entity that is at
least twenty-five percent (25%) less than the average voter turnout within that entity for the
previous four (4) statewide general elections; and
WHEREAS, because San Rafael's Charter ties the general municipal election date to
the date required for school districts by general law, and SB 415 applies to school districts, the
City of San Rafael is also subject to the mandate of SB 415; and
WHEREAS, the Marin County Registrar of Voters has determined, based upon San
Rafael's election turnouts in past years, that SB 415 will require the City's general municipal
election to be held on statewide election dates, in June or November of even -numbered years;
and
WHEREAS, SB 415 requires the City either to change to even -year elections
commencing in 2018, or to adopt a plan, by January 1, 2018, for transitioning to even -year
elections no later than the November 8, 2022 statewide election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1: AMENDMENT TO MUNICIPAL CODE.
New Chapter 2.02 entitled "Elections" is hereby added to Title 2 of the San Rafael Municipal
Code to read in its entirety as follows:
Chapter 2.02
ELECTIONS
2.02.010 Effective Date; applicability.
This Chapter shall become effective on January 1, 2020 and shall govern
the date of the City of San Rafael general municipal election, pursuant to the
provisions of the Charter of the City of San Rafael.
2.02.020 Purpose.
This Chapter is enacted following a change to general state law, in order
to memorialize a change in the date of the City's general municipal election
established by Article IV, Section 1 of the Charter of the City of San Rafael, from
odd years to even years. That Charter provision states that the City's general
municipal election is to be held on the Tuesday after the first Monday in
November in odd -numbered years, or "as hereafter provided by the State
Legislature under general law provisions determining the date of election for the
governing board members of a school district." Prior to the effective date of this
Chapter, the general municipal election has been held on the Tuesday after the
first Monday in November in odd -numbered years. However, in 2015, the State
Legislature enacted Senate Bill No. 415 (adding Elec. Code §§ 14050-14057),
the California Voter Participation Rights Act, pursuant to which the San Rafael
City School District has been required to change its general election to occur
concurrently with a statewide election date, i.e., in June or November of even -
numbered years. Therefore, pursuant to the Charter, this Chapter establishes
that the date of the City's general municipal election shall be similarly changed as
of the effective date of this Chapter.
2.02.030 General and Special Elections.
A. A municipal election shall be held in the City on the Tuesday after
the first Monday in November of each even -numbered year and shall be known
as the general municipal election.
B. All other municipal elections that may be held by authority of the
City Charter or general law shall be known as special municipal elections.
2.02.040 Election of City Officers and Terms of Office.
The election of the Mayor, City Councilmembers, Members of Board of
Education, and other elective City officers, shall occur at the general municipal
election, in the manner and for the terms set forth in the City Charter.
DIVISION 2: ADOPTION OF TRANSITION PLAN.
In order to effect the transition of the City's general municipal election date from the current odd -
year schedule to the even -year schedule required by new San Rafael Municipal Code Chapter
2.02, the transition period election dates, and the terms of the Mayor, City Councilmembers,
City Attorney and City Clerk, shall be adjusted as follows:
1. The terms of the two City Councilmembers to be elected at the City's general
municipal election scheduled on November 7, 2017, shall each be five (5)
year terms, ending upon certification of the November 8, 2022 election
results.
2. After November 7, 2017, the City's next general municipal election will be
held on November 3, 2020.
3. The terms of the Mayor and two City Councilmembers that are currently
scheduled to end in 2019 shall each be extended by an additional year,
ending upon certification of the November 3, 2020 election results.
4. The terms of the City Clerk and City Attorney that are currently scheduled to
end in 2019 shall each be extended by an additional year, ending upon
certification of the November 3, 2020 election results.
5. Commencing with the November 3, 2020 general municipal election, the
general municipal elections will occur in even -numbered years, and the terms
of all City officials elected on or after that date shall be four (4) years.
DIVISION 3: CEQA.
This Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to
the State CEQA Guidelines, since it can be seen with certainty that there is no possibility that
this Ordinance or its implementation would have a significant effect on the environment (14 Cal.
Code Regs. Section 15061(b)(3)).
DIVISION 4: SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid.
DIVISION 5: PUBLICATION; EFFECTIVE DATE.
This Ordinance shall be published once in full before its final passage in a newspaper of
general circulation published and circulated in the City of San Rafael, County of Marin, State of
California, and shall be in full force and effect upon its final passage and then its subsequent
approval by the Marin County Board of Supervisors.
Within fifteen (15) days after adoption, the City Clerk shall also p st in the office of the
City Clerk, a certified copy of the full text of this Ordinance79
wit the names of those
Councilmembers voting for and against the Ordinance. A
GARI�,6. PHIL AS, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1964 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on the 3rd day of April, 2017, and was ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Colin
and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of
the City Council to be held on the 17th day of April, 2017.
ESTHER C. BEIRNE, City Clerk
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