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TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to read by title only, waive further reading, and introduce Ordinance No. 1437 – An Ordinance adding a new Section 2.28.050 to the Bellflower Municipal Code regulating uncontested municipal elections.
DATE: January 13, 2025
EXECUTIVE SUMMARY
If approved, Ordinance No. 1437 will add a new Section 2.28.050 to the Bellflower Municipal Code (BMC) to regulate uncontested municipal elections and allow uncontested elections to be cancelled even if a proposition or initiative is placed on the ballot.
RECOMMENDATION TO CITY COUNCIL
1) Read by title only, waive further reading, and introduce Ordinance No. 1437; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
If the Ordinance is adopted and should the City Council exercise the option of appointing nominees to an uncontested office and cancelling the election for such offices in the future, there will be savings on election costs and personnel resources.
DISCUSSION
The California Elections Code §10229 generally sets forth provisions to cancel an election and appoint the person nominated to the office when the number of nominees is equal to the number of offices to be filled at the election. In such circumstances, one of the following courses of action can be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person was nominated.
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Staff Report – Uncontested Municipal Elections
January 13, 2025
DISCUSSION – Continued
However, the Section goes on to specify that “(b) Subdivision (a) shall not apply if, at the regularly scheduled municipal election, more than one person has been nominated to another city office to be elected on a citywide basis or a city measure has qualified and is to be submitted to the voters at that municipal election.” (emphasis added)
In 2024, the City of Bellflower held its Municipal Election in which three district seats on the City Council were open, and one City measure had qualified to be considered. In two of the open offices, only one individual was nominated for each. Based on the Elections Code, the City, at significant public cost, submitted to the voters all three open seats for consideration as well as the citywide measure.
Charter cities may adopt regulations governing municipal affairs, including elections procedures. Now that the City’s Charter has been adopted by the voters, the City Council may determine whether the City of Bellflower should enact a regulation different from that in the Elections Code. The City Council previously expressed interest in implementing what it believes is the intent of the California Elections Code by allowing uncontested elections to be cancelled even if a proposition or initiative is placed on the ballot for consideration by the City Council. Such action is in the public interest as it helps avoid unnecessary costs and expenditure of public resources.
ATTACHMENT
Ordinance No. 1437 ........................................................................................................ 3
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CITY OF BELLFLOWER
ORDINANCE NO. 1437
AN ORDINANCE ADDING A NEW SECTION 2.28.050 TO THE
BELLFLOWER MUNICIPAL CODE REGULATING UNCONTESTED
MUNICIPAL ELECTIONS
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds, determines and declares as follows:
A. On November 5, 2024, the voters approved Measure B which adopted the City Charter for the City of Bellflower (the “Charter”).
B. Articles II, III, and IV of the Charter provide that the City may enact all laws governing its municipal affairs. Municipal elections are recognized as being a municipal affair that may be regulated by the Charter (City of Redondo Beach v. Padilla (2020) 46 Cal.App.5th 902, 910, citing Johnson v.
Bradley (1992) 4 Cal.4th 389, 398).
C. Elections Code § 10229 generally allows the City Council to cancel uncontested district elections for city council seats. This may not occur, however, if a “a city measure has qualified and is to be submitted to the voters at that municipal election.” The City Council finds that this restriction is a limitation on the City’s municipal affairs: the City Council should determine how to conduct municipal elections so long as that decision conforms with Article IV of the Charter.
D. This Ordinance reflects what the City Council believes is the intent of the California Elections Code by allowing uncontested elections to be cancelled even if a proposition or initiative is placed on the ballot for consideration by the City Council. Such action is in the public interest as it helps avoid unnecessary costs and expenditure of public resources.
E. Pursuant to Article III(B) of the Charter, the City Council finds that the law enacted by this Ordinance will not unduly burden a person’s ability to pursue economic opportunities and safe and legal residential housing.
SECTION 2. Environmental Assessment. Adoption of this Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for cancelling uncontested municipal elections. This Ordinance, therefore, is categorically exempt from further CEQA review pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure-making.
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City of Bellflower
Ordinance No. 1437
SECTION 3. Uncontested Elections. A new § 2.28.050 is added to the Bellflower Municipal Code (“BMC”) to read as follows:
Ҥ 2.28.050 Uncontested Elections.
A. If by 5:00 p.m. of the 88th day, or the 83rd day if an incumbent fails to file, before a scheduled municipal election, no one person or only one person has been nominated for any office that is elected within the City, the City Clerk must submit a certificate of these facts to the City Council and inform the Council that it can, at a regular or special meeting held before the municipal election, adopt one of the following courses of action:
1. Appoint to the office the sole person who has been nominated; or
2. Appoint to the office an eligible elector if no one has been nominated; or
3. Hold the election, if either no one or only one person has been nominated.
B. Only after informing the City Council of its options may the City Clerk publish a notice of the facts and the City Council’s available options in any newspaper of general circulation. After the fifth day following the date of posting or publication, the City Council may appoint or direct an election be held for the relevant city council district. The City Clerk may not accept for filing any statement of write-in candidacy that is submitted after the appointment is made.
C. Should the City Council make an appointment, it may cancel the relevant election in question for the appointed position. The term of the individual appointed to office will commence in accordance with Elections Code § 10229.
D. Notwithstanding any other conflicting provision of California law, this section may be implemented by the City Council even if a city measure is qualified and submitted to the voters at a municipal election.”
SECTION 4. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 5. Enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
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City of Bellflower
Ordinance No. 1437
SECTION 6. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other city ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 7. Reliance on Record. Each and every finding and determination in this Ordinance is based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 9. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 11. Effective Date. This Ordinance will become effective on the 30th day following its final passage and adoption.
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City of Bellflower
Ordinance No. 1437
ORDINANCE NO. 1437 HAD ITS FIRST READING ON JANUARY 13, 2025, ITS SECOND READING ON ____________, AND WAS DULY PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF ___________.
____________________________
Ray Dunton, Mayor
ATTEST:
______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
______________________________
Karl H. Berger, City Attorney
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