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CC - Item 6D - Consideration of Senate Bill 415 and Consolidation with a Statewide Election DateROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER,, DATE: JUNE 27, 2017 C� SUBJECT: CONSIDERATION OF SENATE BILL 415 AND CONSOLIDATION WITH A STATEWIDE ELECTION DATE SUMMARY Senate Bill 415 (SB 415), is also known as the California Voter Participation Rights Act. SB 415 amended the State Elections Code pertaining to municipal election dates. The bill requires cities that currently hold standalone municipal elections, to change their election dates to coincide with statewide election dates, unless voter turnout rates for past standalone elections meet a certain threshold. ANALYSIS The goal of SB 415 is to increase voter turnout rates for municipal elections, which tend to be lower when such elections are not held concurrently with statewide elections. Elections Code section 1001 provides that a statewide election is "an election held throughout the state," which only includes elections held in June and November of even years. The City of Rosemead currently holds its general municipal elections for City Councilmembers in March, of odd -numbered years. The next municipal election is scheduled for March 2019. SB 415 prohibits local governments from holding municipal elections on any date other than the date of a statewide election, if in the past, it has caused "a significant decrease in voter turnout." As described in this bill, "a significant decrease in voter turnout" has occurred if the voter turnout rate for a regularly scheduled City election, not held concurrently with a statewide election, is at least 25% less than the average turnout rate within the City for the previous four statewide general elections. Staff has reviewed Rosemead's voter turnout data for the four most recent statewide general elections on the County Registrar -Recorder website, as well as turnout data for the City's most recent standalone municipal elections. Below is a chart comparing the turnout rate for Rosemead's most recent standalone municipal elections to the average turnout rate within the City for the last four statewide general elections: ITEM NUMBER: (0 D City Council Meeting June 27, 2017 Page 2 of 4 Statewide General Election — Voter Turnout for Rosemead November 2016 (Presidential Election) 63.09% November 2014 (Gubernatorial Election) 21.12% November 2012 (Presidential Election) 56.88% November 2010 (Gubernatorial Election) 40.38% Average voter turnout % over 4 statewide general elections: 45.36% Minimum voter turnout to avoid statewide cycle: 34.02% Rosemead General Municipal Election Voter Turnout March 2017 (General Municipal Election) Cancelled March 2015 General Municipal Election) 11.04% March 2013 (General Municipal Election) 13.37% March 2011 (General Municipal Election) 14.27% March 2009 General Municipal Election) 23.00% Average voter turnout % over 4 general municipal elections: 15.42% According to Los Angeles County Registrar's past voter participation data, the City of Rosemead meets the triggering criteria of SB 415. Rosemead's average turnout for the previous four statewide election dates in November was 45.36%. In order to meet the 25% threshold to keep its elections on an odd -year cycle, the City's prior municipal elections must have reached a turnout figure of 75% of this average, or 34.02%. As the above data illustrates, the voter turnout average for the City's most recent municipal elections is 15.42%. Since the City experienced a "significant decrease in voter turnout," according to the definition in the bill, Rosemead must move its general municipal elections to a statewide general election date in 2018, 2020, or 2022. SB 415 requires a local jurisdiction take action to consolidate its election with a statewide election, or by January 1, 2018 adopt a plan to consolidate its election with the statewide election not later than the November 8, 2022 statewide general election. The City has had initial discussions with Los Angeles County staff and they have indicated that they would be able to accommodate the City for the November 2018 election, but ultimately that decision is left to the Board of Supervisors. Additionally, pursuant to Elections Code Section 10403.5(b), no term of office may be increased or decreased by more than 12 months, as a result of an ordinance consolidating elections. This provision limits the City's options for compliance with SB 415. Statewide elections are held in June and November of even numbered years. Rosemead's general municipal elections are held in March of odd numbered years. Therefore, pushing an election date forward to June or November which would exceed the 12 -month cap imposed by Section 10403.5(b) is prohibited. Staff is aware of other cities who have been able to increase their Councilmember terms. The reason for this is that the original election dates for these cities occur in November of odd years or April of even years. Under the provisions of the Elections code, they are able to increase their terms to June or November of even numbered years and remain under the 12 -month restriction. There are also some cities that have not yet taken action on this item, including the cities of Azusa, Temple City, Norwalk, among others. City Council Meeting June 27, 2017 Page 3 of 4 The City appears to have two main options for compliance with SB 415, each would require reducing term lengths. The City could move elections currently scheduled for March of odd - numbered years back by four months, so that they are held in November of the preceding even - numbered years during statewide general elections, or it could move these elections back by nine months, so that they are held in June of even numbered years during statewide primaries. Both of these options could be implemented starting 2018, 2020, or 2022. November Consolidation: If the City Council approves a November consolidation plan, it could reschedule elections from March of odd numbered years to November of the preceding even numbered years. Under this option, those elected in March would have their terms reduced by four months, resulting a three year, eight month term. This would continue for two election cycles. The City has the option to hold elections in March 2019, and March 2021, as planned, and reduce the terms of those elected in the 2019 elections by four months, so that they serve a three year, eight month term. Under this plan, the offices for Councilmembers that were elected in 2019 would be up for election in November 2022, when the City would hold its first consolidated election concurrent with the statewide general election. This would meet SB 415's November 2022, deadline for consolidation. The offices for Councilmembers that were elected in 2021 would also be reduced to three years and eight months and would be up for election in November 2024. After that, City elections would continue in November of even numbered years and everyone would serve a full four-year term. June Consolidation: The City could alternatively choose to consolidate municipal elections with statewide primaries held in June of even -numbered years, which qualify as a "statewide election" for the purposes of SB 415. However, a June consolidation plan would require terms of office to be reduced by nine months, resulting in a three year and three month term. This would also continue for two election cycles. Again, the City has the option to hold elections in March 2019, and March 2021, as planned, and start consolidating with the June 2022, statewide primaries. Under this plan, Councilmembers elected in March 2019, would be the first to serve reduced terms of three years and three months, with their offices up for election in June 2022. The offices of those elected in March 2021, would also be reduced to three years and three months and would be up for election in June 2024. After that, City elections would continue in June of even -numbered years and everyone would serve a full four-year term. A list of potential options for consolidating future general municipal elections with a statewide election date is listed in Attachment B. Upon the City Council providing direction, staff will return at a future City Council meeting with the appropriate ordinance (Attachment C) to City Council Meeting June 27, 2017 Page 4 of 4 effectuate the synchronization of the City's general municipal elections with a future statewide election by the statutory deadline of November 8, 2022. STAFF RECOMMENDATION That the City Council discuss the options available and provide direction to staff. FISCAL IMPACT The change in future election dates will allow the County of Los Angeles to operate the City's election. It is anticipated that the County election expenses will be somewhat less than the costs the City has generally incurred when conducting its own standalone election. As an example, costs for the 2019 election are estimated to be approximately $90,000 for a standalone election. The County of Los Angeles has provided an initial cost estimate of approximately $45,000 (Attachment D) to conduct the consolidated election for the City. STRATEGIC PLAN IMPACT — None LEGAL REVIEW The staff report and proposed options have been reviewed and approved by the City Attorney. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Marc Donohue, City Clerk Attachment A: Bill Language Attachment B: Election Date Options Attachment C: Sample Ordinance Changing the City's General Municipal Election Date Attachment D: November 2018 Election Cost Estimate Attachment E: Data from Other Cities Attachment A Bill Language CI � S(AI'l Oi CALIFORNIA AU no ENTICATED s�cmcn,m=�auL Senate Bill No. 415 CHAPTER 235 An act to add Chapter 1.7 (commencing with Section 14050) to Division 14 of the Elections Code, relating to elections. [Approved by Governor September 1, 2015. Filed with Secretary of State September 1, 2015] LEGISLATIVE COUNSEL'S DIGEST SB 415, Hueso. Voter participation. Existing law generally requires all state, county, municipal, district, and school district elections be held on an established election date. Existing law also establishes certain dates for statewide elections. Existing law requires any state, county, municipal, district, and school district election held on a statewide election date to be consolidated with a statewide election, except as provided. This bill, commencing January 1, 2018, would prohibit a political subdivision, as defined, from holding an election other than on a statewide election date if holding an election on a nonconcurrent date has previously resulted in voter turnout for a regularly scheduled election in that political subdivision being at least 25% less than the average voter turnout within the political subdivision for the previous 4 statewide general elections, except as specified. This bill would require a court to implement appropriate remedies upon a violation of this prohibition. The bill would authorize a voter who resides in a political subdivision where a violation is alleged to file an action in superior court to enforce this prohibition, and it would allow a prevailing plaintiff other than the state or political subdivision to collect a reasonable attorney's fee and litigation expenses, as provided. The people of the State of California do enact as follows: SECTION 1. Chapter 1.7 (commencing with Section 14050) is added to Division 14 of the Elections Code, to read: CHAPTER 1.7. VOTER PARTICIPATION 14050. This chapter shall be known and may be cited as the California Voter Participation Rights Act. 14051. As used in this chapter: (a) "Political subdivision" means a geographic area of representation created for the provision of government services, including, but not limited 93 Ch. 235 —2— to, 2— to, a city, a school district, a community college district, or other district organized pursuant to state law. (b) "Significant decrease in voter turnout" means the voter turnout for a regularly scheduled election in a political subdivision is at least 25 percent less than the average voter turnout within that political subdivision for the previous four statewide general elections. (c) "Voter turnout" means the percentage of voters who are eligible to cast ballots within a given political subdivision who voted. 14052. (a) Except as provided in subdivision (b), a political subdivision shall not hold an election other than on a statewide election date if holding an election on a nonconcurrent date has previously resulted in a significant decrease in voter turnout. (b) A political subdivision may hold an election other than on a statewide election date if, by January 1, 2018, the political subdivision has adopted a plan to consolidate a future election with a statewide election not later than the November 8, 2022, statewide general election. 14053. Upon a finding of aviolation of subdivision (a) of Section 14052, the court shall implement appropriate remedies, including the imposition of concurrent election dates for future elections and the upgrade of voting equipment or systems to do so. In imposing remedies pursuant to this section, a court may also require a county board of supervisors to approve consolidation pursuant to Section 10402.5. 14054. In an action to enforce subdivision (a) of Section 14052, the court shall allow the prevailing plaintiff other than the state or political subdivision of the state, a reasonable attorney's fee consistent with the standards established in Serrano v. Priest (1977) 20 CAM 25, 48-49, and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs. A prevailing defendant shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. 14055. A voter who resides in apolitical subdivision where a violation of subdivision (a) of Section 14052 is alleged may file an action pursuant to that section in the superior court of the county in which the political subdivision is located. 14056. This chapter does not apply to special elections. 14057. This chapter shall become operative on January 1, 2018. M 93 Attachment B Election Date Options List of Potential Options to Synchronize General Municipal Elections with Statewide General Elections by November 2022 March Elections The City Council could choose to hold elections in March 2019 and 2021, provided the City is able to run its own election with the assistance of Martin & Chapman (we may have to find other options as Martin & Chapman might not be in business in the near future to assist with printing and providing ballots, precinct supplies, ballot counting and election night services) or if the County agrees to run the election for the City. A plan would need to be adopted by the City prior to January 1, 2018 indicating this preference and outlining the move to a statewide elections not later than November 8, 2022. November Options Option 1. Beginning November 2018, synchronize with statewide elections in November of each even -numbered year, reducing Officeholder terms of office by 4 months. Beg of End of Term Term New End of Term Two Councilmembers 3/2015 3/2019 11/2018 Three Councilmembers 3/2017 3/2021 11/2020 Option 2. Beginning November 2020, synchronize with statewide elections in November of each even -numbered year, reducing Officeholder terms of office by 4 months. Beg of Term End of Regular Term New End of Term Three Councilmembers 3/2017 3/2021 11/2020 Two Councilmembers 3/2019 3/2023 11/2022 Option 3. Beginning November 2022, synchronize with statewide elections in November of each even -numbered year, reducing Officeholder terms of office by 4 months. Beg of Term End of Regular New End of Term Term Two Councilmembers 3/2019 3/2023 11/2022 Three Councilmembers 3/2021 3/2025 11/2024 '. The statewide election dates are in June and November of each even -numbered year. (Elections Code § 1001.) June Options Option 4. Beginning June 2018, synchronize with statewide elections in June of each even - numbered year, reducing City Officeholder terms of office by 9 months. Option 5. Beginning June 2020, synchronize with statewide elections in June of each even - numbered year, reducing City Officeholder terms of office by 9 months. Beg of Term End of Regular Term New End of Term Two Councilmembers 3/2015 3/2019 6/2018 Three Councilmembers 3/2017 3/2021 6/2020 Option 5. Beginning June 2020, synchronize with statewide elections in June of each even - numbered year, reducing City Officeholder terms of office by 9 months. Option 6. Beginning June 2022, synchronize with statewide elections in June of each even - numbered year, reducing City Officeholder terms of office by 9 months. Beg of Term End of Term Regular New End of Term Three Councilmembers 3/2017 3/2021 6/2020 Two Councilmembers 3/2019 3/2023 6/2022 Option 6. Beginning June 2022, synchronize with statewide elections in June of each even - numbered year, reducing City Officeholder terms of office by 9 months. Beg of Term End of Regular Term New End of Term Two Councilmembers 3/2019 3/2023 6/2022 Three Councilmembers 3/2021 3/2025 6/2024 Attachment C Sample Ordinance Changing the City's General Municipal Election Date ORDINANCE NO. 2017 -XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTION 1.12.010 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO MOVING THE CITY'S GENERAL MUNICIPAL ELECTIONS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN XX OF EACH EVEN -NUMBERED YEAR BEGINNING IN XX OF 20XX WHEREAS, the City of Rosemead's (City) general municipal elections are now held on the first Tuesday following the first Monday in March of odd 7iutribered years; and WHEREAS, Senate Bill 415 (SB 415) "Voter Participation" prohibits local governments, beginning January 1, 2018, from holding an election oil any date, other than a statewide election date if doing so has resulted in voter turnout being at least 25% below the average turnout in that jurisdiction in the previous four statewide genexal<elections; and WHEREAS, in accordance with SB 415,�the City has, determine& &hat it must adopt a transition plan to consolidate its general municipal elections with'a statewide election date to occur not later than November 8, 2022; and; WHEREAS, Sections 1301 arie City Council to reschedule ,it's -general n office by not more than'12 months; and first Tuesday after the Firi XX election;beginning in AS 1. California Electiof from March of od numbered years to XX of Elections Code, authorize the rease or decrease any terms of Ls general municipal election to the years to coincide with the statewide OF THE CITY OF ROSEMEAD, DOES roger of Election Day. Pursuant to Sections 1000 and 1301 of the as of of 20XX, the City' general municipal election shall be moved ;red y& s to the first Tuesday after the first Monday in XX of even- ; withi the statewide XX 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 2601 of the California Elections Code and as authorized thereby, the City general elections shall, commencing on XX of 20XX and henceforth, be held on the first Tuesday following the first Monday in XX of even -numbered years." SECTION 3. Adjustment to Terms of Office. In accordance with Sections 1301 and 10403.5 of the California Elections Code, the term of any elected City Officeholder that would have expired in March 20XX and 20X -X shall, instead, expire in the same manner, but after the occurrence of the XX 20XX and 20XX general municipal elections established by this Ordinance. 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 XX election conducted by the County in XX of each even -numbered year, beginning XX, of 20XX. 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 infofniing 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 twill be extended or reduced,by notrnore than 12 months. SECTION 7. Request to the County. The City'Clerk shall forward a copy of this Ordinance to the Los Angeles County'Board'of,Supervisors wj(h a request that it be approved pursuant to California Elections Code Sections 1301 -and 10403.5. 1 11 SECTION 8 Secerability'.Af any section, Subsection, Sentence, clause, or phrase of this ordinance is for any reason held t6 -be invalid, -6f, -Unconstitutional by a decision of any court of competent jurisdiction, such ._decision will not affect the validity of the remaining portions of this ordinance. dee1ares that Ft would have passed this ordinance and each and every: seetron '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 SECTION 9. Publication. The City Clerk is directed to certify this ordinance and cause it to be published -in the manner fe"quired by law. SECTION 10. EffectrveDate. This ordinance will be effective 30 days after adoption. PASSED, APPROVED AND ORDAINED this XX day of XX, 2017. Polly Low, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing Ordinance No. XX, was introduced at a regular meeting of the City Council of the City of Rosemead held on the XX day of XX, 2017 and was adopted by the City Council of the City of Rosemead at a regular meeting held the XX day of XX, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Attachment D November 2018 Election Cost Estimate \ ) \ IQr ) \ \\ � a}\ f §§)\f \X> u 42 })\\\\ \ l;m;E§;E E \\\\\\\\\ !7 \) 7§ (\ )� §�[!! �\ § [ 6 »5!!§=2 eG -§ ! ! \\ \\ \\()}}\} ) ) ) ) ) ) } ( ( $ § \ } § \ ) \ \\ � a}\ f §§)\f u 42 })\\\\ \ l;m;E§;E E \\\\\\\\\ Attachment E Data from Other Cities Data from Other Cities Cities with Odd March Elections city Previous Election Cycle New Election Cycle Loss/Gain of Term Bellflower Odd March Years November 2018 Loss of 4 Months Calabasas Odd March Years November 2018 Loss of 4 Months Monterey Park Odd March Years November 2022 Loss of 4 Months Hidden Hills Odd March Years November 2020 Loss of 4 Months Manhattan Beach Odd March Years November 2020 Loss of 4 Months San Dimas Odd March Years November 2022 Loss of 4 Months Palos Verdes Estates Odd March Years November 2020 Loss of 4 Months San Fernando Odd March Years November 2022 Loss of 4 Months Rolling Hills Odd March Years November 2020 Loss of 4 Months West Hollywood Odd March Years November 2018 Loss of 4 Months Cities with Odd November Elections city Previous Election Cycle New Election Cycle Loss/Gain of Term Artesia Odd November Years November 2018 Gain of 12 Months Diamond Bar Odd November Years November 2018 Gain of 12 Months Duarte Odd November Years November 2018 Gain of 12 Months Montebello Odd November Years November 2018 Gain of 12 Months El Monte Odd November Years November 2018 Gain of 12 Months Hawaiian Gardens Odd November Years November 2018 Gain of 12 Months Hawthorne Odd November Years November 2018 Gain of 12 Months South Pasadena Odd November Years November 2018 Gain of 12 Months San Marino Odd November Years November 2020 Gain of 12 Months Agoura Hills Odd November Years November 2018 Gain of 12 Months Bell Gardens Odd November Years November 2018 Gain of 12 Months Rancho Palos Verdes Odd November Years November 2020 Gain of 12 Months Pico Rivera Odd November Years November 2018 Gain of 12 Months West Covina Odd November Years November 2018 Gain of 12 Months Rolling Hills Estates Odd November Years June 2018 Gain of 7 Months Santa Fe Springs Odd November Years November 2018 Gain of 12 Months Westlake Village Odd November Years November 2018 Gain of 12 Months Cities with Even A ril Elections CityPrevious Election CycleI New Election Cycle Loss/Gain of Term La Puente Even April Years 1 November 2018 Gain of 7 Months