CITY COUNCIL AGENDA REPORT. DEPARTMENT: City Clerk, City Attorney MEETING DATE: November 7, 2017

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1 CITY COUNCIL AGENDA REPORT DEPARTMENT: City Clerk, City Attorney MEETING DATE: ember 7, 2017 PREPARED BY: Craig Steele, City Attorney AGENDA LOCATION: AR-4 TITLE: Proposed Amendment to Title 2, Chapter 2.20, of the Municipal Code Changing the General Municipal Date to March of Even-Numbered Years Beginning in 2020; Introduction of Ordinance No OBJECTIVE: To give the City Council the opportunity to consider whether to move the General Municipal from April of odd-numbered years to the first Tuesday after the first Monday in March of evennumbered years beginning in 2020 to comply with SB 415 BACKGROUND: Senate Bill 415 (SB 415) is also known as the California Voter Participation Rights Act (s Code Sections ). In a bid to increase turnout rates for local elections, SB 415 amended the California s Code pertaining to municipal election dates. The bill requires cities that currently hold standalone municipal elections to eventually change their election dates to coincide with statewide election dates, unless voter turnout rates for past standalone elections meet a certain threshold. Like most cities, voter turnout in has not met that threshold. ANALYSIS: The goal of SB 415 is to increase voter turnout rates for municipal elections, which tend to be lower when elections are not held concurrently with statewide elections. For this purpose, a statewide election is an election held throughout the state (s Code Sec. 357), which are only those elections currently held in June and ember of even-numbered years. However, beginning in 2019, the statewide primary election will be moved from June to the first Tuesday after the first Monday in March. (SB 568, signed by the Governor on September 27, 2017). SB 415 prohibits local governments from holding municipal elections on any date other than the date of a statewide election if doing so in the past has caused a significant decrease in voter turnout. For purposes of the 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 percent less than the average turnout rate within the city for the previous four statewide general elections. (s Code Section 14051(b).) SB 415 s requirements do not apply to special elections. The City Clerk has provided s voter turnout data for the four most recent statewide general elections and the most recent regular municipal election. Below is a chart comparing the turnout rate for s most recent standalone municipal election to the average turnout rate within the City for the last four statewide general elections: AR-4

2 election turnout Less 25% City April 2017 Difference Between City and Less 25% 53.99% 75.73% 36.69% 77.24% 62.16% 46.62% 13.4% % As demonstrated above, the voter turnout rate for the City s most recent standalone municipal election (held in April of 2017) was significantly lower than the average rate for the past four statewide elections less 25%. Therefore, the City has experienced a significant decrease in voter turnout under SB 415, and will have to consolidate future municipal elections with statewide elections. It should be noted that the turnout for the City election in 2015, which was a high interest election, was only 23.15%, still below the SB 415 threshold. The City may continue to hold standalone municipal elections for an interim period so long as a plan to consolidate future municipal and statewide elections is adopted by January 1, This consolidation plan must go fully into effect no later than the ember 8, 2022 statewide general election. (s Code Section 14052(b).) In order to consolidate municipal and statewide elections, and thereby change the terms of office for municipal officials, the City may adopt an ordinance pursuant to s Code Section et. seq.. If the City adopts an ordinance to consolidate elections, each municipal election thereafter must be conducted on the date specified by the ordinance, unless the ordinance in question is subsequently amended. However, at least one election must be held before the ordinance can be amended again. (s Code Section 1301.) Additionally, pursuant to s Code Section (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. As of January 1, 2019, statewide elections will be held in March and ember of even-numbered years. s regular municipal elections are held in April of odd-numbered years. Therefore, pushing an election date forward to ember of the following even-numbered year would exceed the 12-month cap imposed by Section (b). For example, the City s next municipal election is scheduled for April of If this election were moved to ember of 2020, the council members terms would increase by 19 months, which would violate the law. Moving the elections back to ember of 2018 would comply with law, albeit earlier than required, but it would mean existing terms would be reduced, and would be difficult logistically. Given that rolling elections forward to ember of even-numbered years would lead to an impermissible increase in term lengths, the City appears to have two main options for compliance with SB 415. First, the City could move elections currently scheduled for April of odd-numbered years earlier by five months, so that they are held in ember of the preceding even-numbered years during statewide general elections. Second, the City could move its elections later by eleven months so that they are held in March of even-numbered years during statewide primaries. As directed by the City Council, the proposed ordinance takes the latter approach and consolidates municipal elections with statewide primaries held in March of even-numbered years, which, as of January 1, 2019, would qualify as statewide elections for purposes of SB 415. Because a March statewide primary election falls 11 months after the City s existing April election, the City could extend existing officeholders terms. This would continue for two election cycles. If the proposed ordinance is adopted, officeholders who were elected in April of 2017 would serve until March of 2020 or 2022 (instead of the current 2019 or 2021), depending on their terms. Those officials elected in 2015 who are currently set to be up for election in April of 2019 would instead be elected in March of The next City regular election would occur in March of After that one full cycle of extended terms, City elections would continue in March of even-numbered years and officeholders would continue to serve two and four-year terms as always.

3 FISCAL IMPACT: The change in future election dates will allow the County of Los Angeles to operate the City s election in consolidation with County and elections. We do not know at this time what the County will charge for consolidated elections on statewide election dates. Also, the City must mail notice of the election date change to every registered voter. ENVIRONMENTAL IMPACT: None. OPTIONS: The following options have been developed for City Council consideration: 1. Approve the proposed Ordinance No Do not approve the proposed Ordinance and provide staff with additional direction. RECOMMENDATION: Staff and the City Attorney recommend adoption of the attached ordinance. COUNCIL ACTION REQUIRED: If the City Council concurs the appropriate action would be a motion to introduce, waive further reading, and read by title only Ordinance Number

4 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONROVIA, CALIFORNIA, AMENDING CHAPTER 2.20 OF TITLE 2 OF THE MONROVIA MUNICIPAL CODE TO CHANGE THE DATE OF THE CITY S GENERAL MUNICIPAL ELECTION FROM THE SECOND TUESDAY OF APRIL IN ODD- NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH IN EVEN-NUMBERED YEARS EFFECTIVE IN 2020 RECITALS: WHEREAS, The City of is required under Senate Bill 415, which is also known as the California Voter Participation Rights Act (s Code Sections ), to change the date of the General Municipal to coincide with statewide election dates no later than the ember 8, 2022, statewide general election. WHEREAS, The City Council will comply with Senate Bill 415 by consolidating the General Municipal with the statewide primaries held in March of even-numbered years beginning in This Ordinance is the plan required by SB 415. WHEREAS, by consolidating the General Municipal with the statewide primaries held in March of even-numbered years, it is necessary to extend the terms of incumbents by less than 12 months as provided by s Code Section (b). Subsequent terms of office shall remain the original two years and four years, as provided in the Municipal Code. THE CITY COUNCIL OF THE CITY OF MONROVIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section of Chapter 2.20 of Title 2 of the Municipal Code regarding City elections is hereby amended to read as follows: DATE OF GENERAL MUNICIPAL ELECTION. Pursuant to s Code 1301(b) the General Municipal shall be held on the first Tuesday after the first Monday in March of each even-numbered year beginning in Section 2. Section of Chapter 2.20 of Title 2 of the Municipal Code regarding incumbents terms of office is hereby amended to read as follows: EXTENSION OF INCUMBENTS TERMS Those terms of office that would have been scheduled for election in April 2019 are extended to be scheduled for election on the first Tuesday after the first Monday in March Those terms of office that would have been scheduled for election in April 2021 are extended to be scheduled for election on the first Tuesday after the first Monday in March Section 3. As an ordinance relating to an election, this ordinance shall take effect immediately upon adoption, and operative following its approval by the Los Angeles County Board of Supervisors. The City Clerk shall certify to the adoption of this ordinance and transmit

5 a certified copy of the ordinance to the Clerk of the Los Angeles County Board of Supervisors with a request for approval forthwith, and shall give such notice to the voters as is required by law. It is the intent of the City Council that this change of election date shall be effective for the General Municipal that was originally scheduled for the second Tuesdays of April 2019 and However, if for any reason this ordinance is not approved by the Los Angeles County Board of Supervisors by 5:00 p.m. on Tuesday, September 4, 2018 this ordinance shall have no further effect and the General Municipal shall be held on the second Tuesday in April of each odd numbered year as currently specified in the Municipal Code. INTRODUCED this 7th day of ember, PASSED, APPROVED, AND ADOPTED this 21st day of ember, Tom Adams, Mayor City of ATTEST: APPROVED AS TO FORM: Alice D. Atkins, CMC City of Craig Steele, City Attorney City of