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RESOLUTION NO. RES-22-0137
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH ORDERING, CALLING AND
PROVIDING FOR AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD IN THE
CITY OF LONG BEACH ON TUESDAY, NOVEMBER 8,
2022, FOR THE PURPOSE OF SUBMITTING A CHARTER
AMENDMENT BALLOT PROPOSITION TO A VOTE OF THE
QUALIFIED ELECTORS OF THE CITY; DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
OF THE CHARTER AMENDMENT; AND PROVIDING FOR
THE FILING OF PRIMARY AND REBUTTAL ARGUMENTS
AND SETTING RULES FOR THE FILING OF WRITTEN
ARGUMENTS REGARDING A CITY MEASURE TO BE
SUBMITTED AT SAID ELECTION
WHEREAS, the City of Long Beach, California ("City") is a municipal corporation and charter city, duly organized under the Constitution and laws of the State of California; and
WHEREAS, the California Voter Participation Rights Act (SB 415, codified as Elections Code§§ 14050-14057), effective January 1, 2018, was enacted to prohibit a public agency, including a charter city, from holding its regular election on any date other than a statewide election date if holding the election on a non-statewide election date results in a "significant decrease in voter turnout," as defined in SB 415; and WHEREAS, in 2017 the California Attorney General opined that SB 415 prevails over conflicting Charter provisions, and therefore that SB 415 applied to charter 1 TMA:aag A21-03748 (07-28-2022)
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cities such as Long Beach; and
WHEREAS, the City formerly held its primary municipal election on the second Tuesday in April in even-numbered years, and its general municipal election on the first Tuesday after the first Monday in June in even-numbered years; and WHEREAS, the City's primary municipal election date was not a statewide election date and showed a "significant decrease in voter turnout" as defined in SB 415; and
WHEREAS, in order to comply with SB 415, the City adopted a plan in 2017 to align its municipal election dates with the State of California's statewide primary and general election dates and thereafter conducted its elections in coordination with the State and Los Angeles County, experiencing a significant increase in voter turnout, especially among low-propensity voters: a seventy percent (70%) increase in the November 2020 election over the November 2016 election; and
WHEREAS, in November 2020, the California Supreme Court denied review in the case of City of Redondo Beach v. Padilla, 46 Cal. App. 5th 902 (2020), letting stand a decision that charter cities were not subject to SB 415's requirements; and WHEREAS, pursuant to authority provided by California Constitution, Article XI Section 3, Long Beach City Charter Section 1903, California Government Code Sections 34450 et. seq. and California Elections Code Sections 1415 and 9255 et. seq., the City Council of the City of Long Beach desires to submit to the voters a proposed charter amendment aligning the municipal primary and general election dates with those of the State of California, and making other related and technical changes to City election procedures ("Charter Amendment"); and
WHEREAS, California Constitution, Article XI, Section 3, requires that any charter amendment be approved by a majority of City voters voting at an election called for that purpose; and
WHEREAS, pursuant to California Government Code Section 34458(b), the City Council held a duly noticed public hearing on June 14, 2022 and a second duly noticed 2 TMA:aag A21-03748 (07-28-2022)
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19 public hearing on July 19, 2022 to hear public comment and testimony and to consider the Charter Amendment, with the first public hearing being held at 5:00 p.m., outside normal City business hours; and
WHEREAS, pursuant to California Government Code Section 34458(b), this resolution is being adopted at a City Council meeting which is at least twenty-one (21) calendar days after the second public hearing referenced above; and WHEREAS, pursuant to California Elections Code sections 1415 and 9255, the City Council is authorized by statute to submit the proposed Charter Amendment to the voters at the General Municipal Election to be held on November 8, 2022; and WHEREAS, the City Council desires to consolidate the General Municipal Election for the Charter Amendment described herein with the Statewide General Election to be held on November 8, 2022; and
WHEREAS, the City Council further desires to set deadlines and rules for primary and rebuttal arguments for and against the Charter Amendment; follows:
NOW, THEREFORE, the City Council of the City of Long Beach resolves as Section 1. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.
Section 2. That pursuant to the provisions of California Constitution, Art. 20 XI, Section 3, Long Beach City Charter section 1903, California Government Code, 21 Sections 34450 et. seq., and California Elections Code, Sections 1415 and 9255 et. seq., 22 and any other applicable requirements of the laws of the State of California relating to 23 charter cities, the City Council hereby calls and orders to be held a General Municipal 24 Election in the City of Long Beach to be consolidated with the Statewide General Election 25 on Tuesday, the 8th day of November, 2022, for the purpose of submitting to a vote of the 26 qualified electors of the City of Long Beach the followi ng proposed Charter amendment 27 which, for identification purposes only, is marked as Proposition_. 28 Ill
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Realign City and State Election Dates. YES
Shall the City Charter of Long Beach be amended to realign the City's primary and general election dates with the State's primary and general election dates held in even-numbered years, and make other related and technical changes to City election NO procedures? Section 3. That the text of the Charter Amendment to be submitted to the voters is attached hereto as Exhibit "A".
Section 4. That the minimum vote requirement for the Charter Amendment to pass is a simple majority (50% + 1) of the votes cast.
Section 5. Election Procedures.
A. Request for Consolidation. Pursuant to the requirements of §1 0403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of submitting to the voters the Charter Amendment.
B. Necessary Steps. The Board of Supervisors is requested to issue instructions to the Los Angeles County Registrar of Voters/Elections Official to take any and all steps necessary for the holding of the consolidated election.
C. Canvass of Returns. The Los Angeles County Registrar of Voters/Elections Official is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election for the Charter Amendment. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to California Elections Code Sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.
D. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the General Municipal Election with the Statewide General TMA:aag A21-03748 (07-28-2022)
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Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.
E. Form of Ballot. The ballots to be used at the election shall be in the form and content as required by law.
F. City Clerk Authorized to Coordinate with County. The City Clerk is authorized, instructed and directed, in coordination with the Los Angeles County Registrar of Voters/Elections Official, to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and parap hernalia that may be necessary in order to properly and lawfully conduct the election.
G. Opening and Operation of Polls, Vote Centers, Etc. The polls, vote centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by-mail or votes at polls and vote centers shall be in acc ordance with those times and procedures established by the County of Los Angeles, except as otherwise provided in the Elections Code of the State of California.
H. Notice of Election. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
I. Tallying of Ballots. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.
J. Receipt of Election Results. The City Clerk of the City of Long Beach shall receive the canvass as it pertains to the election on the Charter Amendment measure, and shall certify the results to the City Council, as required by law.
Section 6. That pursuant to California Elections Code Section 9280 and Long Beach Municipal Code Section 1.24. 100, the City Council hereby directs the City Clerk to transmit a copy of the Charter Amendment to the City Attorney. The City Attorney 5 TMA:aag A21-03748 (07-28-2022)
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shall prepare an impartial analysis of the Charter Amendment, not to exceed 500 words in length, showing the effect of the Charter Amendment on the existing law and the operation of the Charter Amendment, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Charter Amendment.
The impartial analysis shall include a statement indicating whether the Charter Amendment was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Charter Amendment is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the followin g: "The above statement is an impartial analysis of Ordinance or Measure " __ " . If you desire a copy of the ordinance or measure, please call the Office of the City Clerk at 562-570-6101 and a copy will be mailed at no cost to you." Section 7. Primary Arguments. That the City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed below by the City Clerk, after which no arguments for or against the City measure may be submitted to the City Clerk.
Section 8. Pursuant to Long Beach Municipal Code Section 1.24.020, the Mayor, with the approval of the City Council, may designate a person, or association of persons, to write arguments either for or against or both for and against the adoption of any measure or proposition placed on the ballot.
Section 9. The deadline to submit arguments for or against the City Measure pursuant to this Resolution is declared by the City Clerk to be Friday, August 19, 2022, at 5:00 p.m. Each argument shall not exceed three hundred (300) words and shall 6 TMA:aag A21-03748 (07-28-2022)
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be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
Section 10. Rebuttal Arguments. Pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the primary arguments for and against the City Measure which will be printed and distributed to the voters, the Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary argument against, and copies of the primary argument against to the authors of the primary argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding two hundred fifty (250) words. The rebuttal arguments shall be filed with the City Clerk not later than Tuesday, August 29, 2022 at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments.
Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
Section 11. The full text of the Charter Amendment shall not be printed in he voter information guide, but a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Charter mendment/Measure, at no cost, upon request made to the City Clerk.
Section 12. Pursuant to Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk's office of the specific dates that the examination period will run.
Section 13. That in all particulars not recited in this resolution, the election shall be held and cond ucted as provided by law for holding municipal elections.
Section 14. The City Treasurer is hereby authorized and directed to 7 TMA:aag A21-03748 (07-28-2022)
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appropriate the necessary funds to pay for the City's cost of placing the Charter Amendment on the election ballot.
Section 15. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 16. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.
Section 17. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
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I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of August 9 , 2022 by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
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Zendejas, Allen, Price, Supernaw,
Mungo, Saro, Uranga, Austin,
Richardson.
None.
None.
None.
City Clerk
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EXHIBIT "A"
Text of Charter Amendment
[attached behind this page]
10 MEASURE " "
THE PEOPLE OF THE CITY OF LONG BEACH DO HEREBY AMEND THE LONG BEACH CITY CHARTER AS FOLLOWS:
SECTION 1. Text of Charter Amendment. Subject to the approval of a majority of the voters of the City of Long Beach at the scheduled election so designated by City Council resolution placing the proposal on the ballot for such election, Section 1901 of the Long Beach City Charter is hereby amended to read as follows:
"ARTICLE XIX - NOMINA TIONS AND ELECTIONS
SEC 1901 - PRIMARY AND GENERAL MUNICIPAL ELECTIONS
The primary and general municipal elections for elective officers of the City shall be held on the same dates established for the statewide primary and general elections, respectively, by California Election Code section 1000 et seq. for even numbered years, and candidates elected to office shall assume such office on the third Tuesday in December, or such later date if additional time is required to canvass and certify election results and shall serve until election and qualification of their successors.
SECTION 2. Approval, Filing and Recordation of Charter Amendment. Pursuant to California Government Code Section 34460, if approved by a majority of voters, the Mayor and City Clerk shall certify, authenticate and attest to the passage of this Charter Amendment. The City Clerk shall also (i) record one copy of this Charter Amendment 1 with the Los Angeles County Recorder's Office, (ii) file one copy in the City's archives and (iii) file one copy with the California Secretary of State. Each copy recorded with the County Recorder and filed in the City's archives shall also be filed with the following documents:
A. Certified copies of all publications and notices required of the City by State law in connection with the calling of an election to propose the Charter Amendment.
B. Certified copies of any arguments for or against the Charter Amendment that were mailed to voters pursuant to California Elections Code Sections 9281 et. seq.
C. A certified abstract of the vote at the election at which the Charter Amendment was approved by the voters.
SECTION 3. Ratification and Effective Date. Pursuant to California Government Code Section 34459, this Charter Amendment shall be deemed ratified if approved by a majority of the eligible voters of the City of Long Beach voting at the General Municipal Election of November 8, 2022. However, this Charter Amendment shall not take effect until it has been accepted and filed by the Secretary of State pursuant to Government Code Section 34460.
SECTION 4. Severability. If any provision of this Charter Amendment or the application thereof to any person or circumstance is held invalid, the remainder of the 2 Charter Amendment and the application of such provision to other persons or circumstances shall not be affected thereby.
PASSED, APPROVED and ADOPTED by the People of the City of Long Beach at a General Election held on November 8, 2022.
Attest:
Monique De La Garza
City Clerk
Approved as to form:
Charles Parkin
City Attorney
ROBERT GARCIA
Mayor of the City of Long Beach
3