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CC - Item 5B - Report Regarding Compliance with Senate Bill 970 Changing Municipal Election DatesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COU1N�CIL FROM: GLORIA MOLLEDA, CITY MANAGER DATE: SEPTEMBER 7, 2021 SUBJECT: REPORT REGARDING COMPLIANCE WITH SENATE BILL 970 CHANGING MUNICIPAL ELECTION DATES SUMMARY In November of 2017, the City Council adopted Ordinance No. 976 to change Rosemead's General Municipal Election to coincide with the March statewide primary elections in even - numbered years beginning in 2020 in order to comply with Senate Bill (SB) 415, known as the California Voter Participation Rights Act (CVPRA). The CVPRA requires political subdivisions such as cities to hold its elections on a statewide election date if there has been a lower voter turn -out for its elections versus statewide elections. Subsequently, in 2020, the Legislature adopted SB 970, which changed the date of the statewide primary election to June, in even - numbered, non -presidential primary years, while keeping the March date, in even -numbered, presidential primary election years. The next statewide primary is now slated for June 7, 2022. In response to concerns that elected officials' terms which were set to expire in March 2022 would become vacant before a new election could be held on the new statewide primary date in June 2022, SB 590 was passed on July 16, 2021. SB 590 added language to Election Code Section 10403.5 (b) authorizing the extension of council terms set to expire in March 2022, to instead expire following the certification of election results from the June 7, 2022, statewide primary election. The three-month term extension provided under SB 590 permits the City to align with the new June statewide primary election. DISCUSSION Senate Bill 415, referred to as the California Voter Participation Rights Act (CVPRA) became effective in 2018. It changed the dates of the state's primaries from June to March and as a result the City changed its election cycle from March of odd -numbered years to March of even - numbered years to align with the state's primary election dates. In 2020, the state adopted SB 970 that moved the statewide primary back to June of even -numbered years during a non - presidential election year beginning in 2022. However, it will keep the March primary during presidential election years. AGENDA ITEM 5.13 City Council Special Meeting September 7, 2021 Page 2 of 3 The adoption of SB 970 impacted local governments with March elections, such as the City of Rosemead. As a result of SB 970, every two years, elections will be held in either March or June of even -numbered years in a staggered fashion depending on a presential year or non -presidential year election. This action impacts the terms ending for three council terms, initially extended in 2017 by one year (March 2021- March 2022), those terms will also now require a term extension for an additional three months to June 2022 to the new state primary date. Elected Offices Current Term End of Current Term Extended Terms Two Councilmembers March 2020 March 2024 n/a Three Councilmembers March 2017 March 2022 June 2022 +3 mo. The State Legislature enacted SB 590 in July 2021 to address local official term inconsistency in SB 970. SB 590 extends any terms of office set to expire in March of 2022, where the next scheduled regular election for the office has been consolidated with the 2022 statewide primary election, until the certification of election results from the June 2022 statewide primary election. To comply with state law, the City Council must change the City's general municipal election date to coincide with the new state primary election dates and amend the City of Rosemead's Municipal Code Section 1.12.010. A code amendment will remove the reference to the City's general municipal elections as being held in March of even -numbered years to just state they will be held on the statewide primary election date in even -numbered years. The amendment to the municipal code will ensure that Rosemead's general municipal elections will always occur on the date the statewide primary is held, thus ensuring continued compliance with SB 415. As a result of the new laws, the following election cycles will apply: June Primary Elections on -Presidential Years Three Councilmembers 1 2022 1 2026 2030 March Primary Elections Presidential Years Two Councilmembers 1 2024 1 2028 2032 After further review of SB 415, SB 970 and the Elections Code, by city staff and city attorney, an option to move the City's general municipal election to a November even -numbered year date could have been permissible under Election Code 10403.5 which authorizes the cities to extend a term of office by up to 12 months. However, the City of Rosemead cannot utilize that extension presently because the City's first election, to occur in March 2020, in compliance with SB 415 was cancelled. Election Code Section 1301 prevents the City from being able to move its general municipal election to November of even -numbered years until at least one election is held. As provided in Election Code Section 1301 (d) If the date of a general municipal election is changed pursuant to subdivision (b), at least one election shall be held before the ordinance, as approved by the county board of supervisors, may be subsequently repealed or amended. City Council Special Meeting September 7, 2021 Page 3 of 3 Due to this requirement, the only option the City Council can take at this time is to move its 3 councilmember terms set to expire in March of 2022 and extend them to June 2022. If a June 2022 election takes place, the City will meet the requirements of Elections Code Section 1301. The City Council will then have the authority to move all office terms to a November even - numbered year election cycle for 2024 if so desired. STAFF RECOMMENDATION That the City Council take the following actions: 1. Receive and file this report pertaining to Senate Bill 970; and 2. Direct staff to bring back a draft ordinance, for first reading, amending Rosemead's Municipal Code Section 1.12.010, changing the date of the City's general municipal election from March of even -numbered years to the date of the statewide primary election in even -numbered years consistent with existing state law, and adjusting the terms of office accordingly. LEGAL REVIEW The staff report has been reviewed by the City Attorney. FISCAL IMPACT It is anticipated that the County election expense will be approximately $90,000 for the June 2022 election, which is included in the FY 2021-2022 budget. In addition, the City is required to mail a one-time notice of the election date change to every registered voter in the City. The one- time cost is not expected to exceed $10,000, which is budgeted in the election advertisement account 5440. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Z!�� Ericka Hernandez, City Clerk Attachment A: Senate Bill 970 Attachment B: Senate Bill 590 Attachment A Senate Bill 970 Text a� Ilf LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites SHARE THIS: 13 & SB -970 Primary election date. (2019-2020) Senate Bill No. 970 CHAPTER 111 Date Published: 09/21/2020 09:00 PM An act to amend Sections 316, 340, 1000, 1001, 1201, and 1202 of the Elections Code, relating to elections. [ Approved by Governor September 18, 2020. Filed with Secretary of State September 18, 2020. ] LEGISLATIVE COUNSEL'S DIGEST SB 970, Umberg. Primary election date. Existing law requires that the statewide direct primary be held on the first Tuesday after the first Monday in March in each even -numbered year. Existing law requires that the presidential primary be held on that same date in any year that is evenly divisible by 4. This bill would change the date of the statewide direct primary to the first Tuesday after the first Monday in June in even -numbered years in which there is no presidential primary. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) California voters approved the Voters FIRST Act in 2008 and the Voters FIRST Act for Congress in 2010, which together established the Citizens Redistricting Commission and made the commission responsible for adjusting the boundary lines of the congressional, State Senatorial, Assembly, and Board of Equalization districts based on the federal decennial census and in conformity with standards set forth in both the federal and state constitutions. (b) The commission is required to conduct an open and transparent process enabling full public consideration of and comment on the drawing of district lines. That process includes holding public hearings both before and after releasing draft and final plans and providing adequate public comment periods after any plans are released. (c) The commission cannot draw new district lines until it receives census data from the United States Census Bureau. Due to the COVID-19 pandemic, the United States Census Bureau has announced that release of census data to California will be delayed up to four months to July 31, 2021. As a result, the commission will not have sufficient time to undertake the redistricting process as required by the Voters FIRST Act and the Voters FIRST Act for Congress and to approve new district boundaries that will be in place in time for a statewide direct primary election held in March 2022. Therefore, the Legislature finds that the 2022 statewide direct primary election must be moved back to June 7, 2022. SEC. 2. Section 316 of the Elections Code is amended to read: 316. "Direct primary" is the primary election held on the first Tuesday after the first Monday in June in each even - numbered year that is not evenly divisible by four and on the first Tuesday after the first Monday in March in each even -numbered year that is evenly divisible by four. SEC. 3. Section 340 of the Elections Code is amended to read: 340. "Presidential primary" is the primary election that is held on the first Tuesday after the first Monday in March of any year that is evenly divisible by four. SEC. 4. Section 1000 of the Elections Code is amended to read: 1000. The established election dates are as follows: (a) The first Tuesday after the first Monday in March of each even -numbered year that is evenly divisible by four. (b) The first Tuesday after the first Monday in March of each odd -numbered year. (c) The second Tuesday of April in each even -numbered year. (d) The first Tuesday after the first Monday in June in each even -numbered year that is not evenly divisible by four. (e) The first Tuesday after the first Monday in November of each year. SEC. 5. Section 1001 of the Elections Code is amended to read: 1001. The following are statewide elections and their dates are statewide election dates: (a) An election held in November of an even -numbered year. (b) An election held in June of an even -numbered year that is not evenly divisible by four and in March of each even -numbered year that is evenly divisible by four. SEC. 6. Section 1201 of the Elections Code is amended to read: 1201. The statewide direct primary shall be held on the first Tuesday after the first Monday in June of each even - numbered year that is not evenly divisible by four and on the first Tuesday after the first Monday in March in each even -numbered year that is evenly divisible by four. SEC. 7. Section 1202 of the Elections Code is amended to read: 1202. The presidential primary shall be consolidated with the statewide direct primary in any year that is evenly divisible by four, and the consolidated primary shall be held on the first Tuesday after the first Monday in March. Attachment B Senate Bill 590 Text d� LEGISLATIVE INFORMATION i Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites SB -590 2022 statewide primary election: terms of office. (2021-2022) SHARE THIS: O Date Published: 07/16/202109:00 PM Senate Bill No. 590 CHAPTER 107 An act to add and repeal Section 1305 to the Elections Code, relating to elections. [ Approved by Governor July 16, 2021. Filed with Secretary of State July 16, 2021. 1 LEGISLATIVE COUNSEL'S DIGEST SB 590, Allen. 2022 statewide primary election: terms of office. Existing law, Chapter 111 of the Statutes of 2020, moved the date of the statewide direct primary election in even -numbered years in which there is no presidential primary election from the first Tuesday after the first Monday in March to the first Tuesday after the first Monday in June. Existing law authorizes elections for certain local offices to be held on the day of the statewide direct primary election. This bill would extend any term of office set to expire in March or April 2022, where the next scheduled regular election for that office has been consolidated with the 2022 statewide primary election, until the certification of election results from the 2022 statewide primary election. Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1305 is added to the Elections Code, to read: 1305. (a) Notwithstanding subdivision (b) of Section 10403.5 or any other law, any term of office set to expire in March or April 2022, where the next scheduled regular election for that office has been consolidated with the 2022 statewide primary election, shall be extended to expire following the certification of election results from the 2022 statewide primary election and the administration of the oath of office to the newly elected officeholder. (b) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.