Ordinance No. 13-2106 Changing date of general municipal election to even numbered yearsORDINANCE 1.13 -2106
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CU ERTINO MOVING
THE DATE OF ITS GENERAL MUNICIPAL ELECTION TO THE FIRST TUESDAY
AFTER THE FII S'T 'MONDAY IN NOVEMBER OF EVEN NUMBERED YEARS
BEGINNING IN NOVEMBER 2014
WHEREAS, The City's general municipal election (hereinafter "Municipal Election"
is now held in the month. of November of odd-numbered gears to comncide with the
uniform district elections;
WHEREAS, The City desires to reschedule its Municipal al Election to the first
Tuesday after the first Monday in November of even - numbered years to coincide with the
statewide general elections beginning in November 201 4; and
WHEREAS, By rescheduling the City's Municipal Election, the City will not increase
or decrease any term of office by more than 12 months.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPEl TINO DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Pursuant to Sections 1000 and 1301 of the California Elections Code, as
of November 2014, the City's general municipal election 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. The terra of any elected City Officeholder that would have expired in
November 2013 and 2015 shall, instead, -expire in the same manner, but after the occurrence
of the November 2014 and 2016 general municipal elections established by this Ordinance.
Section 3. Pursuant to Section 10403.5(e) of the California Elections Code, within
0 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 slate, the terms of
office of currently-elect 6d City Officeholders will be extended by not more than 12 months.
Section 4. Code Amendment. Section 2.04.005 of the Cupertino Municipal Code is
hereby amended to read:
"2,04.005 Elections.
General municipal elections shall be held on the first 'Tuesday after the first 1 o�nda y
i I x in November of even - numbered years to coincide with the statewide general elections."
Ordinance No. 13-2106 Page 2
Section . Severy If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
nenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivision , paragraphs, sentences, clauses or phrases of this ordinance, or its
application to any other person or circumstance. The City Council of the City of Cupertino
hereby declares that it would have adopted each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective- of the fact that any one or more
other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
be declared invalid or unenforceable,
Section . e'tie Date.. This ordinance shall tale effect upon its approal'by
the Santa Clara County Board. of Supervisors as provided by California Elections Code
Section 1301(b)(1).
Section 7. Corti i'tio. City Clerk shall certify to the passage and adoption of
this ordinance and shall cause the same to be published in the manner required by law.
The City Manager shall forward a copy of this ordinance to the Santa Clara Counter Board
of Supervisors with a request that it be approved pursuant to California Elections Code
Sections 1301 and 10403.5..
INTRODUCED at a regular meeting of the City Council of the Cite of Cupertino this 19th
day of February, 2013, and ENACTED at a regular meeting of the Cupertino. City Council
the Stn d ay of March, 2013 by the following Grote:
Vote Members of the City Council
ACES:
Mahoney, Wong, Santoro, Sinks
NOES,
Chang
.SETT.
None
ABSTAIN:
None
ATTEST.
f
r
- � x
Grace Schmidt, City Clerk
aPPRov
Orrin Mahoney, Mayor City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a
true and correct copy of Ordinance
No.
13 -2106, which was
enacted
on March 5, 2013, and that it has
been
published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 7th day of March, 2013,
_ >-
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate