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HomeMy WebLinkAboutD-3 Staff Report - Ordinance Amending Election Date in Compliance with SB 415SCHEDULED ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: DON PENMAN, INTERIM CITY MANAGER FROM: ADRIAN GARCIA, CHIEF DEPUTY CITY CLERK MARCO A. MARTINEZ, CITY ATTORNEY DATE: NOVEMBER 6, 2017 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING SECTION 2-1 OF ARTICLE I OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE, CHANGING THE GENERAL MUNICIPAL ELECTION DATE FROM MARCH OF ODD-NUMBERED YEARS TO THE STATEWIDE PRIMARY ELECTION IN MARCH OF EVEN-NUMBERED YEARS, COMMENCING WITH THE MARCH, 2020 ELECTION, IN ORDER TO COMPLY WITH CALIFORNIA SENATE BILL 415 RECOMMENDATION: Staff recommends the City Council waive further reading, read by title only and introduce Ordinance No. 2017-13: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING SECTION 2-1 OF ARTICLE I OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE, CHANGING THE GENERAL MUNICIPAL ELECTION DATE FROM MARCH OF ODD- NUMBERED YEARS TO THE STATEWIDE PRIMARY ELECTION IN MARCH OF EVEN- NUMBERED YEARS, COMMENCING WITH THE MARCH, 2020 ELECTION, IN ORDER TO COMPLY WITH CALIFORNIA SENATE BILL 415 DISCUSSION: Senate Bill 415 (SB 415), also known as the California Voter Participation Rights Act (Elections Code Sections 14050-14057), was signed by Governor Brown on September 1, 2015. SB 415 amended the state Elections Code pertaining to municipal election dates. The Act requires cities that currently hold stand-alone municipal elections on “nonconcurrent” dates (e.g., March of odd-numbered years) to eventually change their election dates to coincide with statewide election dates, unless voter turnout rates for past standalone elections fall below certain thresholds set forth in the Act. APPROVED COUNCIL MEETING 11/6/2017 Ordinance Amending Election Date November 6, 2017 Page 2 The goal of SB 415 is to increase voter turnout rates for municipal elections, which tend to be lower when they are not held concurrently with statewide elections. The bill prohibits local governments from holding municipal elections on any date other than a statewide election date if holding standalone nonconcurrent elections in the past has caused "a significant decrease in voter turnout." The Act states that "a significant decrease in voter turnout" has occurred if the voter turnout rate for a regularly scheduled nonconcurrent city election is at least 25 percent less than the average turnout rate within the city for the previous four statewide general elections [Elections Code Section 14051(b)]. Secretary of State data shows that Azusa averaged a 14.45 percent turnout for the four November statewide elections from 2010 to 2016. As indicated below, in each of the four Azusa stand-alone elections during this time period, voter turnout was at least 25 percent below the statewide average. Therefore, Azusa must move its regular municipal election date to a statewide election date. Statewide elections are presently held in either June or November of even-numbered years. However, Senate Bill 568, signed by the Governor earlier this year, moved the June statewide election date up to March of even numbered years. Therefore, effective in 2019, the new statewide election dates in California will be: 1. The first Tuesday after the first Monday of March of even numbered years; or 2. The first Tuesday after the first Monday of November of even numbered years. Under Elections Code Section 10403.5(b), no term of elected office may be increased or decreased by more than 12 months as a result of an ordinance changing the City’s regular municipal election date. Because the attached ordinance would move the City’s Municipal Elections by 12 months, the draft ordinance proposes to extend the terms of current Councilmembers and other City elected officials by the same 12 months so that they will coincide with the new election dates as mandated by SB 415. ANALYSIS: Voter turnout for the four elections used as comparison by the Secretary of State to make the determination is shown on the chart below. Statewide Election – Voter Turnout for Azusa November 2016 70.84% November 2014 28.18% November 2012 67.50% November 2010 49.62% Average voter turnout (%) over 4 statewide elections: 54.03% Minimum voter turnout to avoid statewide cycle: 40.53% Azusa General Municipal Election Voter Turnout March 2017 16.87% March 2015 11.20% March 2013 14.90% March 2011 14.80% Average Voter Turnout for General Municipal Elections: 14.45% Ordinance Amending Election Date November 6, 2017 Page 3 As shown above, there has been a “significant decrease in voter turnout” as defined in SB 415. As a result, Azusa must move its election date to coincide with one of the statewide election dates. On June 26, 2017 the City Council had a workshop and discussion concerning compliance with SB 415. At the time, there was concern that terms of elected officers would have to be shortened in order to comply with SB 415 because SB 568 (which was pending) would have moved the statewide primary election to the third Tuesday in March of even-numbered years. This would have required an extension of 12½ months to extend terms, in violation of Elections Code. This would have left the City with only two alternatives: (i) move the election to November of even-numbered years and shorten terms by 4 months, or (ii) move to March of even years and shorten terms by 11½ months. The Council directed Staff to work with its state lobbyist and other cities to pursue changes in SB 568 that would not require shortening of terms and cause voter confusion. Ultimately, SB 568 was successfully amended to move the statewide primary election to the first Tuesday of March in even-numbered years, closing the two- week gap that created these issues. With these amendments, extending terms for a March election became an option. Adoption of the attached ordinance would extend the terms of incumbent Mayor, Councilmembers, City Clerk and the City Treasurer by twelve (12) months. Terms otherwise expiring in March 2019 would extend to March 2020, and those expiring in March 2021 would extend to March 2022 as shown below. After the transition, terms will revert to the standard four years. Start of Term Current End of Term New End of Term Two Councilmembers March 2015 March 2019 March 2020 Two Councilmembers March 2017 March 2021 March 2022 Mayor March 2017 March 2019 March 2020 City Clerk March 2017 March 2021 March 2022 City Treasurer March 2017 March 2021 March 2022 Other Available Options Other options were previously discussed at the June 26th workshop. These included: 1. November consolidation plan. The City could reschedule elections from March of odd numbered years to November of the preceding even numbered year. Under this option, those elected in March would have their terms reduced by four months, so that they serve three years, eight month terms. Once the ordinance changing the election date of the City is adopted, the City Clerk must submit the ordinance to the Los Angeles County Board of Supervisors for approval, and send a notice to all voters within thirty days after the Board's approval. Additional outreach will be provided by both the City and the County to encourage voter participation, and keep voters apprised of changes in the manner and system of voting in the County currently under development. 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 less expensive than the cost of the City’s standalone election. Ordinance Amending Election Date November 6, 2017 Page 4 As an example, costs for the 2019 election are estimated to be approximately $78,000 for a standalone election. The County of Los Angeles has provided an initial cost estimate of approximately $45,000 to conduct the consolidated election for a November 2018 election. At this time, the County is unable to provide cost estimates for March 2020. In addition, the City is required to mail a notice of the election date change to every registered voter in the City. The one-time noticing cost is not expected to exceed $10,000, Staff will adjust the budget if necessary. Prepared by: Prepared by: Marco A. Martinez Adrian Garcia, MMC City Attorney Chief Deputy City Clerk Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Don Penman Senior Management Analyst Interim City Manager Attachment: 1) Ordinance No. 2017-13 45635.01000\30222494. 1 ORDINANCE NO. 2017-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING SECTION 2-1 OF ARTICLE I OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE, CHANGING THE GENERAL MUNICIPAL ELECTION DATE FROM MARCH OF ODD-NUMBERED YEARS TO THE STATEWIDE PRIMARY ELECTION IN MARCH OF EVEN-NUMBERED YEARS, COMMENCING WITH THE MARCH, 2020 ELECTION, IN ORDER TO COMPLY WITH CALIFORNIA SENATE BILL 415 WHEREAS, pursuant to Section 2-1 of the Azusa Municipal Code, the City of Azusa (“City”) currently holds its general municipal election for City Council members and other City elected officials on the first Tuesday after the first Monday in March of each odd-numbered year; and WHEREAS, the California Voter Participation Rights Act (SB 415 – California Elections Code sections 14050-14057) becomes effective January 1, 2018 and prohibits a political subdivision (including cities) from holding a general election on a date other than on a statewide primary (March) or statewide general election date (November) in even-numbered years, if holding an election on a non-statewide election date has previously resulted in a “significant decrease in voter turnout”, which is defined by SB 415 as at least 25% less voter turnout than the average voter turnout within the City for the previous four statewide general elections (November, 2010, 2012, 2014 & 2016); and WHEREAS, according to County voting records, the average eligible voter turnout within the City for the previous four statewide general elections (November, 2010, 2012, 2014 & 2016), was 54.03%; and WHEREAS, the City’s general municipal election date is not a statewide election date and the March, 2017 general municipal election resulted in approximately 16.87% of eligible voter turnout; and WHEREAS, this resulted in at least 25% less voter turnout than the four-statewide general election average [16.87%/54.03% = .31 – representing 69% less than the four-statewide general election average]; and WHEREAS, earlier elections held in March of odd-numbered years have historically resulted in similar lower eligible voter turnout in the City; and WHEREAS, in order to change its general municipal election date to comply with SB 415, Elections Code Section 1301(b) authorizes the City to adopt an ordinance changing its general municipal election date from March of odd-numbered years to either the statewide primary election in March of even-numbered years or the statewide general election in November of even-numbered years; and Attachment 1 45635.01000\30222494.1 -2- WHEREAS, the ordinance must then be submitted to the County of Los Angeles Board of Supervisors and the ordinance must be approved by the Board of Supervisors in order to change the City’s general municipal election date; and WHEREAS, in order to comply with SB 415, it is the intent of the City Council to change the City’s general municipal election date for City Council members and other elected officials from March of odd-numbered years to the statewide primary election in March of even- numbered years, commencing with the March, 2020 election; and WHEREAS, State law allows a City to extend the terms of current elected officials by up to twelve (12) months, in order to match their terms with a changed general municipal election date (Elections Code Section 10403.5(b)); and WHEREAS, it is also the intent of the City Council to extend the terms of office for current City elected officials by twelve (12) months in order to match their terms with the changed general municipal election dates. If elected in March, 2015, the term will be extended from March, 2019 to March, 2020. If elected in March, 2017, the term will be extended from March, 2021 to March, 2022. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 2-1 of Article I of Chapter 2 of the Azusa Municipal Code is hereby amended to read as follows: "ARTICLE I. – IN GENERAL Sec. 2-1. – General municipal election. (a) Pursuant to California Elections Code §§ 2601 1301(b) and 14050-14057, and commencing onwith the March 43, 19972020 election, the date of the general municipal election isshall be moved from the second first Tuesday after the first Monday in April March of each evenodd-numbered year to the first Tuesday after the first Monday in March of each oddeven-numbered year. The March 5, 2019 election is hereby cancelled. (b) In accordance with the change of election date, the terms of office of those members of the city council, city clerk and city treasurer presentl y serving shall be extended for a period of approximately 112 months until elections results are declared by the city council. Pursuant to California Elections Code §10403.5(b), all Azusa elected officials whose terms of office are scheduled to expire in March, 2019 shall have their terms of office extended to March, 2020, or until their successors elected at the March, 2020 election have been qualified. All Azusa elected officials whose terms of office are scheduled to expire in March, 2021 shall have their terms of office extended to March, 2022, or until their successors elected at the March, 2022 election have been qualified. Officials elected to new terms in March, 2020, March, 2022 and in all future elections shall serve four-year terms. 45635.01000\30222494.1 -3- (c) Special elections called for the purpose of filing vacancies, recall of officers, initiative or referendum measures, are not affected by this Section, and may be called at any time authorized by applicable law. (cd) At least one general municipal election shall be held on the date set forth in subsection (a) above before this section may be subsequently repealed or amended." SECTION 2. Effective Date. Pursuant to Government Code Section 36937(a), the City Council finds that this Ordinance relates to an election and, therefore, becomes effective immediately upon adoption by a majority vote of the City Council. However, pursuant to Elections Code Section 1301(b), this Ordinance shall not become operative until it is approved by the Los Angeles County Board of Supervisors. SECTION 3: The City Clerk shall transmit certified copies of this Ordinance to the Clerk of the Board of Supervisors and to the Office of the Registrar of Voters for the County of Los Angeles. SECTION 4: Pursuant to Elections Code Section 10403.5(e), within 30 days after the Ordinance becomes operative, the City Clerk shall cause a notice to be mailed to all registered Azusa voters informing the voters of the change in the election date. The notice shall also inform the voters that as a result in the change in the election date, the terms of office of elected City officials will be changed. SECTION 5: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council of the City of Azusa hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in the _______________________, a newspaper published and circulated in the City of _______________, and thereupon and thereafter this ordinance shall take effect and be in force according to law. 45635.01000\30222494.1 -4- PASSED, APPROVED, AND ADOPTED this _____ day of __________, 2017. ___________________________________ Mayor ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: __________________________________ City Attorney 45635.01000\30222494.1 -5- CERTIFICATION I, ______________, City Clerk of the City of Azusa, California, do hereby certify that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of the City of Azusa, California, duly held the _____ day of _________, 2017, and thereafter at a regular meeting held on the _____ day of __________, 2017, it was duly passed and adopted by the following vote of the Council: AYES: NOES: ABSENT: ABSTAINED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Azusa, California, this _______ day of _______________, 2017. _________________________________________ ___________________, City Clerk