HomeMy WebLinkAboutCA Change to Even Year General ElectionsSAN RAFAEL
THE CITY WITH A MISSION
Agenda Item No: 5.a
Meeting Date: April 3, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY ATTORNEY'S OFFICE
Prepared by: Lisa A. Goldfien, City Manager Approval:
Assistant City Attorney
TOPIC: CHANGE OF GENERAL MUNICIPAL ELECTION DATE FROM ODD YEARS TO
EVEN YEARS
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING
NEW CHAPTER 2.02, ENTITLED "ELECTIONS," TO THE SAN RAFAEL MUNICIPAL
CODE TO CHANGE THE DATE OF THE GENERAL MUNICIPAL ELECTION FROM
ODD -NUMBERED YEARS TO EVEN -NUMBERED YEARS; AND ADOPTING A PLAN
TO TRANSITION TO THE NEW ELECTION SCHEDULE AS OF THE NOVEMBER 3,
2020 STATEWIDE GENERAL ELECTION
RECOMMENDATION:
Hold a public hearing and pass the ordinance to print.
BACKGROUND:
Article IV, Section 1 of the City Charter provides that the City's general municipal election shall be held
"on the Tuesday after the first Monday in November of each odd -numbered year or as hereafter
provided by the State Leqislature under general law provisions determininq the date of election for the
qoverninq board members of a school district." (Emphasis added.) Officers on both the San Rafael City
Council and the San Rafael City Schools District Board are elected at the general municipal election.
In 2015, the State Legislature enacted Senate Bill No. 415 (SB 415), the California Voter Participation
Rights Act, adding sections 14050-14057 to the California Elections Code. (Attachment 2.) SB 415
will, as of January 1, 2018, prohibit a "city, school or community college district, or other district
organized pursuant to state law," from holding a general election other than on a statewide election
date, i.e., June or November of even -numbered years, if holding an election on a non -concurrent date
has previously resulted in a "significant decrease in voter turnout," defined as voter turnout for a
regularly scheduled election of the entity that is at least twenty-five percent (25%) less than the average
voter turnout within that entity for the previous four (4) statewide general elections.
The public policy behind SB 415 was to address waning civic engagement in politics, as illustrated by
declining voter turnout in federal, state and municipal elections. The bill's legislative analysis asserts
FOR CITY CLERK ONLY
File No.: 9-4
Council Meeting: 04/03/2017
Disposition: Ordinance 1946 passed to print
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
that one major contributing factor to low voter turnout — the timing of elections — could be addressed by
synchronizing city/district elections with even -year state elections.
Because San Rafael's Charter ties the general municipal election date to the date required for school
districts by general law, and SB 415 applies to school districts, San Rafael, a charter city, is also
subject to the mandate of SB 415. The County Registrar of Voters has determined, based upon San
Rafael's election turnouts in past years, that SB 415 will require the San Rafael City Schools and the
City to begin conducting their general municipal elections on statewide election dates. SB 415 does not
affect the City's ability to call a special election on other than a statewide election date. Pursuant to
Elections Code section 1301, the change to the City's election date must be effected by an ordinance
adopted by the City Council and then approved by the County Board of Supervisors.
ANALYSIS:
SB 415 requires the City either to change to even -year elections commencing in 2018, or to adopt a
plan, by January 1, 2018, for transitioning to even -year elections no later than the November 8, 2022
statewide election. The attached proposed ordinance would take the latter course, by adding a new
Chapter 2.02 to the San Rafael Municipal Code to establish the even -year election dates commencing
on January 1, 2020. The first general municipal election under the new Chapter would occur on
November 3, 2020.
The change to even -year elections will also require a plan for making interim adjustments to the terms
of the City's elected officials, either to 3 -year terms, or to 5 -year terms. At its regular meeting on March
6, 2017, the City Council considered the options for transitioning to even -year elections, and gave staff
direction that their preference is to maintain the November 7, 2017 general municipal election date, to
set the next general municipal election to occur concurrently with the statewide general election in
November, 2020, and to adjust the terms of elected officials during this transition to 5 -year terms:
expressly, in advance, for the two Council seats up for election this year; and by a one-year extension
of the term of all other offices that would otherwise have ended in 2019.
Accordingly, the attached proposed ordinance would also adopt the following transition plan:
1. Two City Council seats up for election at the general municipal election scheduled on
November 7, 2017 will each be for a term of five (5) years, ending upon certification
of the November 8, 2022 election results.
2. After November 7, 2017, the next general municipal election will be held on
November 3, 2020.
3. The terms of the Mayor and the other two Councilmembers, which are currently
scheduled to end in 2019, will each be automatically extended for an additional year,
ending upon certification of the November 3, 2020 election results.
4. The terms of the City Clerk and City Attorney, which are currently scheduled to end
in 2019, will be automatically extended for an additional year, ending upon
certification of the November 3, 2020 election results.
5. Commencing with the November 3, 2020 general municipal election, general
municipal elections will occur in even -numbered years, and the terms of all officials
elected on or after that date will be four (4) years.
In order to implement the transition plan on a timely basis for this year's election, the City Council must
adopt the ordinance by the end of April and submit it to the Board of Supervisors for approval.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The San Rafael City Schools district has taken action separately to adjust its election schedule by
cancelling its 2017 election and moving it to November 2018. As of November 2020, the City and the
school district will once again hold their elections concurrently.
FISCAL IMPACT:
The City Clerk's election budget, within its General Fund allocation, funds City election costs.
The County Registrar of Voters has advised that because many school districts and special districts are
taking action to change their November 2017 election to November 2018, the cost range for the
November 2017 election is likely to increase because it will be shared among a smaller number of
jurisdictions. The current cost of $1 to $3 per registered voter will likely increase to $4 to $6; therefore,
the City Clerk's election budget will need to be increased from the proposed $90,000 to approximately
$150,000 for fiscal year 2016-2017. The budget is based on a registered voter population of 31,000.
Future even -year elections will revert to the lesser charge due to the number of jurisdictions
participating.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Pass the ordinance to print as presented.
2. Pass the ordinance to print with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Hold a public hearing and take public comment, then pass the ordinance to print.
ATTACHMENTS:
1. Ordinance adding new Chapter 2.02, entitled "Elections," to the San Rafael Municipal Code to
change the date of the general municipal election from odd -numbered years to even -numbered
years; and adopting a plan to transition to the new election schedule as of the November 3,
2020 statewide general election
2. SB 415
ORDINANCE NO. 1946
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ADDING NEW CHAPTER 2.02, ENTITLED
"ELECTIONS," TO THE SAN RAFAEL MUNICIPAL CODE TO
CHANGE THE DATE OF THE GENERAL MUNICIPAL
ELECTION FROM ODD -NUMBERED YEARS TO EVEN -
NUMBERED YEARS; AND ADOPTING A PLAN TO
TRANSITION TO THE NEW ELECTION SCHEDULE AS OF THE
NOVEMBER 3, 2020 STATEWIDE GENERAL ELECTION
WHEREAS, Article IV, Section 1, of the Charter of the City of San Rafael provides that
the City of San Rafael general municipal election shall be held "on the Tuesday after the first
Monday in November of each odd -numbered year or as hereafter provided by the State
Legislature under general law provisions determining the date of election for the governing
board members of a school district"; and
WHEREAS, pursuant to the Charter, the City currently holds its general municipal
election on the Tuesday after the first Monday in November of each odd -numbered year; and
WHEREAS, pursuant to Senate Bill (SB) 415, adopted by the State Legislature in 2015
and effective January 1, 2018, a "city, school or community college district, or other district
organized pursuant to state law," is prohibited from holding a general election other than on a
statewide election date, i.e., in June or November of even -numbered years, if holding an
election on a non -concurrent date, has previously resulted in a "significant decrease in voter
turnout", defined as voter turnout for a regularly scheduled election of the local entity that is at
least twenty-five percent (25%) less than the average voter turnout within that entity for the
previous four (4) statewide general elections; and
WHEREAS, because San Rafael's Charter ties the general municipal election date to
the date required for school districts by general law, and SB 415 applies to school districts, the
City of San Rafael is also subject to the mandate of SB 415; and
WHEREAS, the Marin County Registrar of Voters has determined, based upon San
Rafael's election turnouts in past years, that SB 415 will require the City's general municipal
election to be held on statewide election dates, in June or November of even -numbered years;
and
WHEREAS, SB 415 requires the City either to change to even -year elections
commencing in 2018, or to adopt a plan, by January 1, 2018, for transitioning to even -year
elections no later than the November 8, 2022 statewide election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1: AMENDMENT TO MUNICIPAL CODE.
New Chapter 2.02 entitled "Elections" is hereby added to Title 2 of the San Rafael Municipal
Code to read in its entirety as follows:
Chapter 2.02
ELECTIONS
2.02.010 Effective Date; applicability.
This Chapter shall become effective on January 1, 2020 and shall govern
the date of the City of San Rafael general municipal election, pursuant to the
provisions of the Charter of the City of San Rafael.
2.02.020 Purpose.
This Chapter is enacted following a change to general state law, in order
to memorialize a change in the date of the City's general municipal election
established by Article IV, Section 1 of the Charter of the City of San Rafael, from
odd years to even years. That Charter provision states that the City's general
municipal election is to be held on the Tuesday after the first Monday in
November in odd -numbered years, or "as hereafter provided by the State
Legislature under general law provisions determining the date of election for the
governing board members of a school district." Prior to the effective date of this
Chapter, the general municipal election has been held on the Tuesday after the
first Monday in November in odd -numbered years. However, in 2015, the State
Legislature enacted Senate Bill No. 415 (adding Elec. Code §§ 14050-14057),
the California Voter Participation Rights Act, pursuant to which the San Rafael
City School District has been required to change its general election to occur
concurrently with a statewide election date, i.e., in June or November of even -
numbered years. Therefore, pursuant to the Charter, this Chapter establishes
that the date of the City's general municipal election shall be similarly changed as
of the effective date of this Chapter.
2.02.030 General and Special Elections.
A. A municipal election shall be held in the City on the Tuesday after
the first Monday in November of each even -numbered year and shall be known
as the general municipal election.
B. All other municipal elections that may be held by authority of the
City Charter or general law shall be known as special municipal elections.
2.02.040 Election of City Officers and Terms of Office.
The election of the Mayor, City Councilmembers, Members of Board of
Education, and other elective City officers, shall occur at the general municipal
election, in the manner and for the terms set forth in the City Charter.
DIVISION 2: ADOPTION OF TRANSITION PLAN.
In order to effect the transition of the City's general municipal election date from the current odd -
year schedule to the even -year schedule required by new San Rafael Municipal Code Chapter
2.02, the transition period election dates, and the terms of the Mayor, City Councilmembers,
City Attorney and City Clerk, shall be adjusted as follows:
1. The terms of the two City Councilmembers to be elected at the City's general
municipal election scheduled on November 7, 2017, shall each be five (5)
year terms, ending upon certification of the November 8, 2022 election
results.
2. After November 7, 2017, the City's next general municipal election will be
held on November 3, 2020.
3. The terms of the Mayor and two City Councilmembers that are currently
scheduled to end in 2019 shall each be extended by an additional year,
ending upon certification of the November 3, 2020 election results.
4. The terms of the City Clerk and City Attorney that are currently scheduled to
end in 2019 shall each be extended by an additional year, ending upon
certification of the November 3, 2020 election results.
5. Commencing with the November 3, 2020 general municipal election, the
general municipal elections will occur in even -numbered years, and the terms
of all City officials elected on or after that date shall be four (4) years.
DIVISION 3: CEQA.
This Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to
the State CEQA Guidelines, since it can be seen with certainty that there is no possibility that
this Ordinance or its implementation would have a significant effect on the environment (14 Cal.
Code Regs. Section 15061(b)(3)).
DIVISION 4: SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid.
DIVISION 5: PUBLICATION; EFFECTIVE DATE.
This Ordinance shall be published once in full before its final passage in a newspaper of
general circulation published and circulated in the City of San Rafael, County of Marin, State of
California, and shall be in full force and effect upon its final passage and then its subsequent
approval by the Marin County Board of Supervisors.
Within fifteen (15) days after adoption, the City Clerk shall also p st in the office of the
City Clerk, a certified copy of the full text of this Ordinance alongwit the names of those
Councilmembers voting for and against the Ordinance.
PHIL—IRS, Mayor
ATTEST:
/& • (2 '
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1964 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on the 3rd day of April, 2017, and was ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Colin
and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of
the City Council to be held on the 17th day of April, 2017.
ESTHER C. BEIRNE, City Clerk
S
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, 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), apolitical 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 a violation of subdivision (a) of Section 14052,
the court shall implement appropriate remedies, including the imposition
of concurrent election dates for fixture 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 Cal.3d 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 a political 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.
L91
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AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item #
Date of Meeting: 4/3/2017
From: Lisa Goldfien, Assistant City Attorney
Department: City Attorney
Date: 3/27/2017
Topic: CHANGE OF GENERAL MUNICIPAL ELECTION DATE FROM ODD YEARS TO
EVEN YEARS
Subject: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADDING NEW CHAPTER 2.02, ENTITLED "ELECTIONS," TO THE SAN RAFAEL MUNICIPAL
CODE TO CHANGE THE DATE OF THE GENERAL MUNICIPAL ELECTION FROM ODD -
NUMBERED YEARS TO EVEN -NUMBERED YEARS; AND ADOPTING A PLAN TO
TRANSITION TO THE NEW ELECTION SCHEDULE AS OF THE NOVEMBER 3, 2020
STATEWIDE GENERAL ELECTION
Type: ❑ Resolution ❑ Ordinance
❑ Professional Services Agreement ❑ Other:
APPROVALS
® Finance Director
Remarks: MM - approved 3/27
® City Attorney
Remarks: LG -Approved 3/27/17
® Author, review and accept City Attorney / Finance changes
Remarks: LG -3/28/17
® City Manager
Remarks:
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition: