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November 8, 2016 — California General Election
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Local

City of Bellflower
Measure D - Majority Approval Required

To learn more about measures, follow the links for each tab in this section. For most screenreaders, you can hit Return or Enter to enter a tab and read the content within.

Election Results

Passed

10,151 votes yes (51.79%)

9,448 votes no (48.21%)

100% of precincts reporting (33/33).

Shall Members of the City Council of the City of Bellflower be elected by-districts described in Ordinance No.1302 instead of at-large?

What is this proposal?

Measure Details — Official information about this measure

YES vote means

A “yes” vote on Measure D favors the Measure.

NO vote means

“no” vote on Measure D opposes the Measure.

Impartial analysis / Proposal

Bellflower City Attorney Karl H. Berger

CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE D

Measure D was placed on the ballot by the Bellflower City Council to settle a case captioned Melliz v. City of Bellflower. If approved by voters, Measure D would adopt Ordinance No. 1302 and amend the Bellflower Municipal Code to establish “by district elections for members of the City Council.

The City is governed by a five member Council. Voters elect council members using an “at large” election system. This means that city council members can live anywhere within the City and all City registered voters can vote for any qualified candidate for the city council.

Measure D proposes  to change  the election system from “at  large”  to by district.” Under this new system, the City would be divided into five geographic districts. Council members could only represent the district in which he or she resides and is registered to vote. Voters in one district could not vote for city council candidates from any other district within the City. The district boundaries proposed by Measure D are shown on the map attached to Ordinance No. 1302.

If Measure D is adopted, “by district elections begin for Districts 1, 3 and 5 either in November 2018 (if consolidated with elections for Los Angeles County) or in March 2019 (if consolidation does not occur) and every subsequent four years. For Districts 2 and 4, by district elections would begin either in November 2020 (if consolidated with elections for Los Angeles County) or March 2021 (if consolidation does not occur) and every subsequent four years.

To be adopted, the Measure must be approved by a simple majority of the voters in the city of Bellflower.

 

A “yes” vote on Measure D favors the Measure. A “no” vote on Measure D opposes the Measure.

Published Arguments — Arguments for and against the ballot measure

Read the proposed legislation

Proposed legislation

PROPOSED ORDINANCE OF MEASURE D

CITY OF BELLFLOWER ORDINANCE NO. 1302

AN ORDINANCE OF THE CITY OF BELLFLOWER AMENDING CHAPTER

2.28 OF THE BELLFLOWER MUNICIPAL CODE BY ADDING SECTIONS 2.28.020, 2.28.030, AND 2.28.040 CHANGING THE CITY’S ELECTORAL SYSTEM FROM AT-LARGE TO BY-DISTRICT ELECTIONS  WITH RESPECT TO ELECTING CITY COUNCIL MEMBERS, ESTABLISHING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS

WHEREAS, the City of Bellflower supports the full participation of all residents in electing Members of the City Council; and

WHEREAS, the City of Bellflower currently elects its five City Council Members using an at-large election system; and

WHEREAS, some members of the public believe adopting a by-district electoral system for the Bellflower City Council would better promote the full participation of all residents in electing Members of the City Council; and

WHEREAS, in the at-large election system, candidates may reside in any part of the City and each City Council Member is elected by the voters of the entire City; and

WHEREAS, in a by-district election system, a candidate for City Council must reside in the district which he or she wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be; and

WHEREAS, under the provisions of California Government Code sections 34870-34884, a proposal to adopt a by-district method of election in a general law city must be submitted to the voters of the City along with the proposed boundaries of the districts; and

WHEREAS, under the provisions of California Elections Code section 10010, a political subdivision that changes from an at-large method of election to a by-district method of election shall hold at least two public hearings on a proposal to establish the district boundaries of the political subdivision prior to a public hearing at which the governing body of the political subdivision votes to approve or defeat the proposal; and

WHEREAS, the City Council held public hearings on the proposal to establish district boundaries on August 24, 2015, September 14, 2015, September 28, 2015, and October 12, 2015, at which it considered the proposal to establish district boundaries; and

 

 

 

WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code sections 34870-34884, an ordinance providing for the election of the Members of the City Council of the City of Bellflower by-district in five single-member districts as reflected in Exhibit 1 to this Ordinance.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF BELLFLOWER DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 2.28 of the Bellflower Municipal Code is hereby amended by adding Sections 2.28.020 through 2.28.040 to read as follows:

Section 2.28.020. By-District Electoral System.

A.  Pursuant to California Government Code section 34871(a), Members of the City Council of the City of Bellflower shall be elected by-districts in five (5) single-member districts.

B.  (1) Beginning with the general municipal election in March 2019, Members of the City Council shall be elected in the electoral districts established by Section

2.28.030 and subsequently reapportioned as provided by State law. Elections shall take place on a by-district basis as that term is defined in California Government Code section 34871, meaning one Member of the City Council shall be elected from each district, by the voters of that district alone. Each Member of the City Council shall serve a four-year term until his or her successor is qualified.

(2) Except as provided in subdivision (3) hereof, the Council Member elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued. Termination of residency in a district by a Council Member shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency.

(3) Notwithstanding any other provision of this section, the Members of the City Council in office at the time the Ordinance codified in this chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each Council Member that Member’s successor shall be elected on a by-district basis in the districts established in Section 2.28.030 and as provided in Section 2.28.040.

Section 2.28.030. Establishment of City Council Electoral Districts.

A.  Subject to Section 2.28.040, Members of the City Council shall be elected on a by-district basis from the Council districts described as follows:

(1)  Council District 1 shall comprise all that portion of the City beginning at the intersection of Somerset Blvd. and the City’s western border, thence proceeding easterly along Somerset Blvd. to Cabell Ave.; thence proceeding northeasterly along Cabell Ave. to Potter St.; thence proceeding southeasterly and easterly along Potter St. to Cornuta Ave.; thence proceeding northerly along Cornuta Ave. to Lindale St.; thence proceeding easterly along Lindale St. to Woodruff Ave.; thence proceeding northerly along Woodruff Ave. to  Rosecrans Ave.; thence proceeding easterly along Rosecrans Ave. to the City’s eastern border; thence proceeding counter-clockwise along the City border to the point of beginning.

(2)  Council District 2 shall comprise all that portion of the City beginning at the intersection of Somerset Blvd. and Bellflower Blvd., thence proceeding easterly along Somerset Blvd. to Cabell Ave.; thence proceeding northeasterly along Cabell Ave. to Potter St.; thence proceeding southeasterly and easterly along Potter St. to Cornuta Ave.; thence proceeding northerly along Cornuta Ave. to Lindale St.; thence proceeding easterly along Lindale St. to Woodruff Ave.; thence proceeding northerly along Woodruff Ave. to Rosecrans Ave.; thence proceeding easterly along Rosecrans Ave. to the City’s eastern border; thence proceeding clockwise along the City border to Highway 91; thence proceeding westerly along Highway 91 to the Bellflower Bike Trail; thence proceeding northwesterly along the Bellflower Bike Trail to Cornuta Ave.; thence proceeding northerly along Cornuta Ave. to the  north  edge  of  parcel APN 7109003051 (16331 Cornuta Ave.); thence proceeding westerly along the north edge of parcel APN 7109003051 and parcel APN 7109003013 (16326 Eucalyptus Ave.) to Eucalyptus Ave.; thence proceeding northerly along Eucalyptus Ave. to Alondra Blvd.; thence proceeding westerly along Alondra Blvd. to Bellflower Blvd.; thence proceeding northerly along Bellflower Blvd. to the point of beginning.

(3)  Council District 3 shall comprise all that portion of the City beginning at the intersection of Somerset Blvd. and the City’s western border, thence proceeding easterly along Somerset Blvd. to Bellflower Blvd.; thence proceeding southerly along Bellflower Blvd. to Flower St.; thence proceeding westerly along Flower St. to Clark Ave.; thence proceeding southerly along Clark Ave. to Walnut St.; thence proceeding westerly along Walnut St. to the City border; thence proceeding clockwise along the City border to the point of beginning.

(4)  Council District 4 shall comprise all that portion of the City beginning at the intersection of Ardmore Ave. and the City’s southern border, thence proceeding northerly along Ardmore Ave. to Flower St.; thence proceeding westerly along Flower St. to Clark Ave.; thence proceeding southerly along Clark Ave. to Walnut St.; thence proceeding westerly along Walnut St. to the City border; thence proceeding counter-clockwise along the City border to the point of beginning.

(5)  Council District 5 shall comprise all that portion of the City beginning at the intersection of Highway 91 and the City’s eastern border, thence proceeding westerly along Highway 91 to the Bellflower Bike Trail; thence proceeding northwesterly along the Bellflower Bike Trail to Cornuta Ave.; thence proceeding northerly along Cornuta Ave. to the north edge of parcel APN 7109003051 (16331 Cornuta Ave.); thence proceeding westerly along the north edge of parcel APN 7109003051 and parcel APN 7109003013 (16326 Eucalyptus Ave.) to Eucalyptus Ave.; thence proceeding northerly along Eucalyptus Ave. to Alondra Blvd.; thence proceeding westerly along Alondra Blvd. to Bellflower Blvd.; thence proceeding southerly along Bellflower Blvd. to Flower St.; thence proceeding westerly along Flower St. to Ardmore Ave.; thence proceeding southerly along Ardmore Ave. to the City border; thence proceeding counter-clockwise along the City border to the point of beginning.

B.  The Council districts specified in subdivision (A) shall continue in effect until they are repealed or amended by the voters or until they are adjusted pursuant to California Elections Code sections 21600-21606, any successor statute thereto, or any other provision of State law authorizing the City Council to amend the districts without a vote of the people.

Section 2.28.040. Election Schedule.

Council Members shall be elected in Council Districts 1, 3, and 5 beginning at the general municipal election in 2019 (or November 2018, if the City’s elections are allowed by the County of Los Angeles or required by State law to be consolidated with the statewide election) and every four years thereafter. Council Members shall be elected from Council Districts 2 and 4 beginning at the general municipal election in 2021 (or November 2020, if the City’s elections are allowed by the County of Los Angeles or required by State law to be consolidated with the statewide election) and every four years thereafter.

SECTION 2. Implementation.

A map showing the districts described in the Ordinance codified in this chapter is attached hereto as Exhibit 1 and incorporated by this reference. To the extent there is a conflict between the descriptions contained in said Ordinance codified in this chapter and the map incorporated herein, the map shall prevail.

If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

SECTION 3. Effective Date.

Upon a majority of the voters voting in favor of this Ordinance, it shall be considered as adopted upon the date the vote is declared by the City Council and shall go into effect ten (10) days after that date.

SECTION 4. 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 5. Interpretation.

In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.

SECTION 6. 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 People of the City of Bellflower hereby declare they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

 

 

 

 

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