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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK, AMENDING SECTIONS 2-3-104, 2-3-111, 2-3-122, 2-3-127, 2-3-129, and 2-3-131 OF CHAPTER 3 OF TITLE 2 OF THE BURBANK MUNICIPAL
CODE, KNOW N AS THE CITY ELECTIONS CODE, AND MAKING
CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of Burbank, California (“City”) is a charter city, duly organized under the constitution and laws of the State of California; and
WHEREAS, on _________, 2023, the Burbank City Council (“City Council”) adopted an ordinance providing for by -district elections of five (5) City Council members in five (5) single- member districts commencing with the November 2024 General Municipal Elections; and
WHEREAS, certain amendments to the City Elections Code contained in Article 1 of Chapter 3 of Title 2 of the City of Burbank Municipal Code are necessary to coordinate certain elections procedures with the new system of by-district elections of members of the City Council of the City of Burbank,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURBANK , CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 2, Chapter 3, article 1 of the City of Burbank Municipal Code, known as the City of Burbank Elections Code, is amended as follows (amendments are shown in strikethrough and bold italic text):
2-3-104: DEFINITIONS:
The following words and phrases, whenever used in this chapter, shall be construed as defined herein:
CITY: City of Burbank
CITY CLERK: For the purposes of the Municipal Election shall act as the Elections Official.
ELECTION OR MUNICIPAL ELECTION: Municipal elections held in the City.
ELECTIVE OFFICER OF THE CITY OR ELECTIVE OFFICE OF THE CITY: Every office filled by municipal election.
ELECTOR: Any person who qualifies as such under Section 1 2, Article II of the S tate Constitution.
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MAJORITY: The number larger than half the total.
OATH: Includes affirmation.
REGISTER: The affidavits of registration prepared and bound by the County Registrar of Voters.
VOTER: Any person who has conformed to the general laws of the State governing the registration of voters and by reason of registration in the City of Burbank is entitled to vote in a municipal election.
2-3-111: QUALIFICATIONS:
All elective officers of the City must be electors of the City at the time of their nomination and must have resided in the City for at least twenty -nine (29) days prior to filing their nomination papers or declaration of candidacy. Candidates for the office of member of the City Council must have resided in the City Council district to which they seek election for at least twenty -nine (29) days prior to filing their nomination papers .
Members of the City Council shall not hold any other elective office to which compensation is attached.
2-3-122: NOMINEES MUST BE RESIDENTS AND QUALIFIED ELECTORS:
No person shall be eligible to be nominated for an elective office of the City unless:
A. They have resided in the City for at least twenty -nine (29) days prior to filing their nomination papers or declaration of candidacy.
B. They are a qualified elector and registered voter of the City at the time of filing their nomination papers or election to office, whichever is sooner.
C. For nomination to the office of member of the City Council, they have resided in the City Council district for which they seek election at least twenty-nine (29) days prior to filing their nomination papers and they are a qualified elector and registered voter at the time of filing their nomination papers.
2-3-127: CIRCULATION OF NOMINATION PAPER:
No person shall circulate nomination papers unless they are qualified to do so pursuant to Section 102 of the California Elections Code a resident within the City. A candidate may circulate their own nomination papers.
2-3-129: SIGNATURES ON NOMINATION PAPER:
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A person may sign their name to any number of nomination papers, provided they do not sign more papers for any particular office than there are candidates to be elected. Should a person sign their name to additional nomination papers for the same office beyond the number of candidates to be elected, their signatures shall be counted only on as many petitions, in the order of their filing, as there are candidates to be elected to such office.
No voter may sign more than one nomination paper for the same office, and in the event the voter does so, that voter’s signature shall count only on the first nomination paper filed which contains the voter’s signature. Nomination papers subsequently filed and containing that voter’s signature shall be considered as though that signature does not appear thereon. Each seat on the City Council is a separate office. A candidate may sign their own nomination paper and their signature shall be given the same effect as that of any other qualified signer. 2-3-131: AFFIDAVIT OF CIRCULATOR:
Every nomination paper shall be circulated by one person and have an affidavit a declaration of the person who circulated it annexed thereto, which declaration shall comply with the provisions of section 104 of the California Elections Code , stating the dates between which all signatures to the paper were obtained, that they saw the signatures appended thereto signed and knows that they are the signatures of the persons whose names they purport to be. Further, the circulator shall affix their residential address including street and number. If no street or number exists, a designation of my residence adequate to readily ascertain its location.
SECTION 2. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 3. Inconsistencies. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule, or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.
SECTION 4. Interpretation. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its state purposes.
SECTION 5. CEQA. Pursuant to Section 15320 of the Guidelines for the Implementation of the California Environmental Quality Act (“CEQA”), further review under CEQA is not required because the City Council action in establishing district-based elections consists of a change in the organization or reorganization of a local governmental agency election where there is no change to the geographical area in which previously existing powers are exercised. Therefore, the City Council finds that it can be seen with certainty that there is no possibility that this action will result in any environmental effect. The City Clerk is hereby directed to file a Notice of Exemption with the County Clerk within three (3) days following the date of this Ordinance.
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SECTION 6. Publication. The City Clerk shall certify the adoption of this Ordinance.
Not later than fourteen (14) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Burbank.
SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Burbank hereby declares it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections , subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
PASSED AND ADOPTED this ________ day of __________________, 2023.
___________________________
Konstantine Anthony
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_________________________ By: _______________________ Kimberley Clark, City Clerk Jill Vander Borght
Senior Assistant City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. _____ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ___ day of ____, 2023, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following of the ordinance’s adoption on ________.
__________________________
Kimberley Clark, City Clerk