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CC - Item 4F - Introduction of Ord. No. 1003 - Amending Municipal Code Sect. 1.12.010, Moving Date of City's General Municipal ElectionROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER Vs�t,/ DATE: SEPTEMBER 28, 2021 SUBJECT: INTRODUCTION AND ADOPTION OF ORDINANCE NO. 1003 — AMENDING MUNICIPAL CODE SECTION 1.12.010 - MOVING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION DATE FROM MARCH OF EVEN -NUMBERED YEARS TO THE DATE OF THE STATEWIDE PRIMARY ELECTION IN EVEN -NUMBERED YEARS PURSUANT TO SENATE BILL 970 BEGINNING IN 2022 STIMMARV On September 7, 2021, the City Council received a report regarding Senate Bill (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. In addition, SB 590, enacted in July 2021, addresses 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. The City Council directed staff to draft an ordinance for first reading to change the City's general election of March of even -numbered years to the date of the statewide primary election in even - numbered years pursuant to SB 970 beginning in 2022 and adjusting the terms of offices accordingly to comply with state law. DISCUSSION 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. 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 4.F City Council Meeting September 28, 2021 Page 2 of 3 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. 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. STAFF RECOMMENDATION That the City Council introduce, waive further reading, and approve by title only, Ordinance No. 1003, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 1.12.010, CHANGING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EACH EVEN -NUMBERED YEARS TO THE DATE OF THE STATEWIDE PRIMARY ELECTION IN EVEN -NUMBERED YEARS IN RESPONSE TO SENATE BILL 970, AND ADJUSTING THE TERMS OF OFFICE ACCORDINGLY LEGAL REVIEW The proposed ordinance and staff report has been reviewed by the City Attorney. 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. STAFF RECOMMENDATION That the City Council introduce, waive further reading, and approve by title only, Ordinance No. 1003, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 1.12.010, CHANGING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EACH EVEN -NUMBERED YEARS TO THE DATE OF THE STATEWIDE PRIMARY ELECTION IN EVEN -NUMBERED YEARS IN RESPONSE TO SENATE BILL 970, AND ADJUSTING THE TERMS OF OFFICE ACCORDINGLY LEGAL REVIEW The proposed ordinance and staff report has been reviewed by the City Attorney. City Council Meeting September 28, 2021 Page 3 of 3 FISCAL IMPACT Once the proposed ordinance takes effect, the City must mail a notice of election date change to all registered voters in the City of Rosemead. Based in the estimate provided by the Los Angeles County Registered -Recorder's Office, the cost will not exceed $10,000, which is budgeted in the election advertisement account 5440 for FY 21-22 budget. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared . t��A� Ericka Hernandez, City Clerk Attachment A: Draft Ordinance No. 1003 Attachment B: City Council Staff Report Dated September 7, 2021 Attachment A Draft Ordinance No. 1003 ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 1.12.010, CHANGING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF EACH EVEN -NUMBERED YEARS TO THE DATE OF THE STATEWIDE PRIMARY ELECTION IN EVEN -NUMBERED YEARS IN RESPONSE TO SENATE BILL 970, AND ADJUSTING THE TERMS OF OFFICE ACCORDINGLY WHEREAS, the City of Rosemead was required under Senate Bill 415, which is also known as the California Voter Participation Rights Act (Election Code Sections 14050-14057), to change the date of the City's General Municipal Election to coincide with statewide election dates no later than the November 8, 2022; and WHEREAS, in November 2017, the Rosemead City Council adopted Ordinance No. 976 to consolidate the General Municipal Election with the statewide primaries to be held in March of even -numbered years beginning in 2020 pursuant to the provisions of the Election Code. WHEREAS, in October 2020, the California Legislature passed Senate Bill 970, which changed the date of the statewide primary to the first Tuesday after the first Monday in June of even -numbered years with non -presidential primary years, while keeping the March date, in even - numbered, presidential primary election years; and WHEREAS, the Rosemead City Council will remain in compliance with Senate Bill 415 by changing the date of the General Municipal Election to the date of the statewide primary election of each even -numbered years; and WHEREAS, the California Legislature's recent passage of Senate Bill 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; and WHEREAS, it is necessary to extend the terms of the incumbents' that would have been scheduled for election in March 2022 for an additional three months to coincide with the next statewide primary election of 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Change of Election Day. Pursuant to Sections 1000 and 1301 of the California Elections Code, as of June 2022, the City' general municipal election shall be moved from the first Tuesday after the first Monday in March of each even -numbered years to the date of the statewide primary election in even -numbered years to coincide with the statewide primary election. SECTION 2. Code Amendment. Section 1.12.010 of the Rosemead Municipal Code is hereby amended to read: "1.12.010 - General Election Pursuant to Section 1301 and 10403.5 of the California Elections Code and as authorized thereby, the City's general elections shall, commencing on the next statewide primary election of 2022 and henceforth, be held on statewide primary election date in even -numbered years." SECTION 3. Adjustment to Terms of Office. In accordance with Senate Bill 590, section 1305 in the California Elections Code, 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. SECTION 4. Consolidated Election. Pursuant to Section 1301 and 10403.5 of the California Elections Code, the City hereby requests the County of Los Angeles approve this Ordinance and allow for consolidation of the City's general municipal election with the statewide direct primary election conducted by the County in statewide primary elections of each even - numbered year, beginning June of 2022. SECTION 5. Effective Date. This Ordinance shall become operative upon approval by the Los Angeles County Board of Supervisors as provided by California Elections Code Sections 1301(b)(1) and 10403(a)(1). SECTION 6. Notice to Voters. Pursuant to Section 10403.5(e) of the California Elections Code, within 30 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 date, the terms of office of City Officeholders will be extended. SECTION 7. Request to the County. The City Clerk shall forward a copy of this Ordinance to the Los Angeles County Board of Supervisors with a request that it be approved pursuant to California Elections Code Sections 1301 and 10403.5. SECTION 8. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 9. Publication. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law. SECTION 10. Effective Date. Pursuant to Government Code Section 36937, this Ordinance will be effective immediately after adoption. PASSED, APPROVED AND ORDAINED this day of , 2021. APPROVED AS TO FORM: Rachel Richman, City Attorney STATE OF CALIFORNIA Polly Low, Mayor ATTEST: Ericka Hernandez, City Clerk COUNTY OF LOS ANGELES ) ss CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 1003 was introduced for first reading at the regular meeting of September 28, 2021. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the _ day of 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment B City Council Staff Report Dated September 7, 2021 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COU1N^CIL FROM: GLORIA MOLLEDA, CITY MANAGER • Y 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 Tenn 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 2024 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: Ericka Hernandez, City Clerk Attachment A: Senate Bill 970 Attachment B: Senate Bill 590 Attachment A Senate Bill 970 Text A� _J Ilfr LEGISLATIVE INFORMATION Home i Bill Information California Law Publications Other Resources - My Subscriptions My Favorites SNARE THIS: In k 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. S. 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 llf LEGISLATIVE INFORMATION Home 1, Bill Information California Law Publications Other Resources My Subscriptions My Favorites SB -590 2022 statewide primary election: terms of office. (2o21-2022) SHARE THIS: 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. I 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.