HomeMy WebLinkAbouta. Study Session - Timing and Options related to the General Municipal Election
DATE: March 2, 2021
TO: Honorable Mayor and City Council
FROM: Dominic Lazaretto, City Manager
By: Michael Bruckner, Deputy City Manager
Linda Rodriguez, Assistant City Clerk
SUBJECT: REPORT, DISCUSSION AND DIRECTION REGARDING TIMING AND
OPTIONS RELATED TO THE 2022 GENERAL MUNICIPAL ELECTION,
REDISTRICTING, CAMPAIGN FINANCE REFORM, AND ASSOCIATED
LOCAL ELECTION MATTERS
Recommendation: Provide Direction
SUMMARY
The City of Arcadia’s general municipal elections have historically occurred in April of
even-numbered years. Due to changes in state law (Senate Bill 415), the City believed it
was required to change its election date to coincide with a statewide election. The City,
therefore, adopted Ordinance No. 2352 to move its general municipal election to
November of even-numbered years, the date of each statewide general election, starting
in November 2022. A recent legal challenge by the City of Redondo Beach affirmed that
charter cities need not follow SB 415. As a result, Ordinance No. 2352 is now in conflict
with the City Charter and should be rescinded. The result of this action would mean that
the City should conduct its next regularly scheduled election in April 2022. Options exist
to move the election to November in future elections, but would require a Charter
Amendment and a vote of the electorate to approve it.
The City is also required to redistrict after every new federal Census. The US Census
Bureau has indicated that the results of the 2020 Census will be significantly delayed,
which creates some logistical and legal hurdles that will impact City redistricting for the
2022 election cycle given that the next City Council election may now be held as soon as
April 2022. As a result, if the City Council moves the election date to April 2022, it will be
necessary for the City Council to conduct the election using the current district
boundaries. However, it will still be necessary for the City Council to adopt updated district
boundaries before any further elections.
Finally, recent changes in State law have enacted a default campaign contribution limit
for City Council candidates at $4,900 per election per source, unless the City enacts its
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own local limits. Arcadia has not enacted local campaign contribution limits in the past;
with the timing of this discussion about other election related matters, it is appropriate to
review this issue within this context.
Therefore, it is recommended that the City Council provide direction regarding the timing
and options related to the 2022 municipal election, redistricting, campaign finance reform,
and associated election matters, including the timing of City Council reorganization.
BACKGROUND
Below is a brief history of issues regarding City Council districts, redistricting, the timing
of City Council elections, and related campaign finance issues.
City Council Districts & Redistricting
On June 6, 2017, the City received a letter from attorney Kevin Shenkman alleging that
the City’s at-large City Council election system violated the California Voting Rights Act
(“CVRA”) and demanded that the City change to a by-district election system, in
accordance with Assembly Bill 350. By way of background, AB 350 amended the
Elections Code to cap the attorneys’ fees a prospective plaintiff may recover if a public
agency adopts the necessary resolutions/ordinances to change to a by-district election
system within a specified time frame after the receipt of a plaintiff’s demand letter alleging
a CVRA violation.
In an effort to avoid costly litigation, on July 21, 2017, the City Council adopted Resolution
No. 7179, a resolution declaring the City’s intent to transition from at-large to district-
based elections. After holding a series of AB 350 required public hearings, on October
17, 2017, the City Council adopted Ordinance No. 2350 establishing by-district elections,
defining district boundaries, and scheduling elections within the districts. Two subsequent
elections have been held using the by district format, with all five seated Council Members
now representing specific districts of the community (Attachment A).
Cities that use by district voting systems are required to update their adopted district
boundaries in conjunction with each decennial Census to ensure that the districts remain
numerically and demographically balanced. As a result of the 2020 Census, the City of
Arcadia is required to review new population data and to rebalance its districts. The
canvassing for the 2020 Census was completed last year; however, the US Census
Bureau recently announced that it will deliver the final data to all states by September 30,
2021, which is six months later than the statutory deadline of March 31, 2021. Additionally,
the State of California will take another month to review the Census data to incorporate
certain state-specific information – resulting in a practical arrival date of October 31, 2021.
The seven-month delay in delivering the Census data creates procedural and legal
hurdles for adopting new maps prior to the next municipal election. Most specifically, new
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district boundaries must be adopted at least 174 days prior to a municipal election and
the adoption must be preceded by a lengthy public input process.
Timing of Elections & Council Terms
Under the City Charter, Arcadia’s regular City Council elections are held in April of even-
numbered years. On September 7, 2017, the City Council was presented with a detailed
report regarding SB 415 (Election Code Sections 14050 – 14057). The intent of SB 415
was to improve voter turnout at local elections. SB 415 requires that a local public agency
with a “non-concurrent election date” change the election date if the agency’s voter
turnout for a local non-concurrent election was at least 25% lower than its average voter
turnout for the last four statewide general elections (November 2016, 2014, 2012, and
2010). An agency moving its election could choose to move their elections either to the
date of the statewide primary (traditionally in June) or the general election (November).
The report noted that the Attorney General had issued an opinion earlier in 2017 finding
that SB 415 applied to charter cities because improving voter turnout at elections is a
“matter of statewide concern” rather than a “municipal affair.” Further analysis at the time
revealed that turnout for Arcadia’s municipal elections demonstrated at least a 25%
decline in voter participation as defined in SB 415. As a result, the City believed, at the
time, that it was required to change its general municipal election date to either the date
of the statewide primary or the November statewide general election.
SB 415 did not require this change to be immediate. Rather, SB 415 only required that
the City have a plan in place by 2018 to change election dates by no later than November
2022. State law also allows the City to extend or decrease the terms of current elected
officials by up to 12 months, in order to match their terms with a changed municipal
election date (Elections Code Section 10403.5(b)).
On January 16, 2018, the City Council adopted Ordinance No. 2352 changing the general
municipal election date from April of even-numbered years to the statewide general
election in November of even-numbered years, commencing with the November 2022
election. In addition, Ordinance No. 2352 extended the terms of City Council members
whose terms were set to expire in April 2022 by 7 months to November 2022 (Districts 2,
3, & 5). Subsequently, the City of Arcadia held its regularly scheduled election in 2020 for
Council Districts 1 and 4 for a term of 4 years, 7 months to comply with Ordinance No.
2352.
In 2018, the City Council expressed its displeasure with the state intruding upon municipal
affairs and agreed that SB 415 was an affront to local control; however, given the
circumstances and understanding of the law at the time, the City Council chose to adopt
Ordinance No. 2352 in order to avoid being challenged by the state. Part of the reasoning
behind choosing the latest date possible to transition Arcadia’s election was to allow time
for any lawsuits to play out that might give local control back to the City.
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During this time, the City of Redondo Beach, another charter city, legally challenged SB
415’s application to charter cities and prevailed. The Court ruled that Redondo Beach
does not have to change its election dates because the explicit language of SB 415 does
not state it applies to charter cities. The Court, however, did not decide the larger issue
of whether this kind of law, regardless of how it is worded, may ever apply to charter cities
in contravention of their “home rule” powers. Meaning, it is possible that the Legislature
could propose new legislation that explicitly says that it applies to charter cities. Should
that occur, Arcadia may need to adopt another ordinance to comply with the new law.
Moreover, another charter city may litigate this issue. While there is no known pending
legislation in this regard, it is consistent with the Legislature’s overall push in recent years
to expand voter turnout whenever possible.
Now that SB 415 has been found not to apply to charter cities, the City Attorney’s office
has opined that Arcadia’s City Charter governs, which would automatically revert City
elections to April of even-numbered years. In order to avoid any confusion later and to
keep the “paper trail” clear, it is recommended that the City Council officially rescind
Ordinance 2352.
Should the City Council now wish to transition to November anyway (or any other date on
the calendar), it would be necessary to update the City Charter, which would require a
general election and approval of the City’s voters.
City Council Reorganization
The City Charter requires that the City Council reorganize in April of each year, typically
occurring in the second meeting of that month. In prior election years, the City Clerk’s
Office was able to certify election results in time to meet the Charter requirements.
However, with recent changes to the elections law that allow more time for ballots to be
received and counted, formal certification does not typically occur until May. If the City
updates the Charter for any other reason, this section should be clarified to adhere to
modern regulations. Should the City Council decide to place a Charter Amendment on
the ballot to move the election date, the City Council may also want to update that
provision as well.
For example, if the City Council were to propose to voters to move its elections to
November, the City Council may want to consider moving the reorganization to one of the
meetings in December or the first meeting in January with language that considers that
the City Council frequently cancels a meeting around the winter holidays. It should also
be noted that the Mayor’s Breakfast and State of the City Address is usually held in
February or March each year and is one of the final events a Mayor presides over. If the
City Council moved the reorganization date to coincide with the calendar year, instead of
the State of the City being a retrospective event, it can be a prospective event, outlining
not only the prior year’s accomplishments but outlining an agenda for the upcoming year.
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Campaign Contribution Limits
In 2019, Governor Newsom signed AB 571, which took effect on January 1, 2021,
imposing default campaign contribution limits upon city elected offices. In passing AB
571, the California Legislature noted that the vast majority of counties and cities in the
State have not independently imposed local campaign contributions limits — although
they maintain the local authority to do so.
Under prior law, cities and counties were empowered to impose their own local
contribution limits and to administer and enforce those limits. This discretion remains
under AB 571. However, if a city or county does not adopt a local limit, AB 571 sets a
default limit identical to that for an elected state Assembly or Senate member: currently
$4,900 from a single source per election year, subject to increase by the Fair Political
Practices Commission for inflation every odd-numbered year (January 1, 2021, 2023,
etc.).
DISCUSSION
Options for Municipal Elections
It is clear that Ordinance 2352 was made irrelevant with the Court’s ruling and should be
rescinded in order to avoid confusion later. The City now regains full control over
establishing its election date. That being said, in order to avoid additional legal exposure,
the next municipal election should be held in April 2020 in accordance with the adopted
City Charter.
If the City Council wishes to revert to its traditional election date in April, no further action
is needed; staff will bring forward the necessary documents to hold an election on April
12, 2022 and all future elections would follow on the date prescribed in the Charter.
Holding the upcoming elections in April would have the effect of removing the seven
month term extensions given to City Council members elected in April 2018 (Districts 2,
3, & 5) and April 2020 (Districts 1 & 4).
In order to change the City’s election date to November (or any other desired date), a
Charter Amendment would need to be placed on the ballot at a regularly scheduled
municipal election, with a majority of voters approving the measure. The question would
be for voters to decide, by simple majority, if the City should change its municipal election
date. As previously outlined, the next regularly scheduled municipal election under the
Charter would be April 12, 2022. The Charter Amendment could also be brought forward
at either the June 2022 or November 2022 statewide general elections. There are no
statewide general elections prior to June 2022 that the City could utilize for a Charter
Amendment. A modified timeline of events is outlined in Attachment B.
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If voters approve a measure that included one of the statewide general election dates, it
would mitigate any future legislation that might amend SB 415 to cover charter cities. The
alternative would be to keep the April election cycle and wait for the Legislature to act
first. Many Arcadians traditionally favored the off-cycle election date, feeling that while
turnout was generally lower, the voters that participated were focused only on Arcadia
issues and not drawn into larger statewide or national matters.
It should be noted that, under SB 970, the Statewide Primary Election now “floats” in order
to give California a larger importance in the Presidential Primaries. As a result, the State
Primary will be in June for 2022, but in March for 2024, then June for 2026, March for
2028 and so on. Therefore, if the City Council wishes to join its election cycle with the
Primary, language would need to be crafted to state that the City’s election date would
also fluctuate. A November election date stays the same every two years and is far easier
for voters to understand. This was one of the primary reasons for selecting November
previously.
Districting and the Census
Repealing Ordinance No. 2352 is relatively straightforward. The challenge with reverting
back to the April 2022 election date is that the delayed Census data will not arrive in time
for the City to adjust its district boundaries for that election. To redistrict, the City would
likely need to contract with a professional demographer to analyze the new population
data against the current district maps and propose adjustments, if any, to rebalance the
districts. Under the State’s Fair Maps Act, the City must then hold at least four public
hearings for the community to provide input regarding the composition of the districts.
This entire hearing process would take approximately 60-90 days to complete.
Further, the Fair Maps Act requires that the new district maps be adopted 174 days prior
to the election. For an April 12, 2022, election, the maps must be adopted by October 20,
2021; however, as previously mentioned, the Census data will not even be available until
around that same time. This gives the City no time to conduct its analysis, review, and
public hearings in time for them to be effective for the April 2022 election. Therefore, it
will be necessary to use the existing district boundaries for the April 2022 election. The
redistricting process could then take place at any time prior to the run up to the 2024
election cycle. Given the time crunch prior to April 2022, the City Attorney’s Office has
opined that any legal challenge attempting to force the City to adopt a new map in time
for the April 2022 election would likely fail as it would be demanding the City to do the
impossible.
Finally, another challenging factor for the April 2022 election is that the City’s previous
elections consultant no longer provides administrative services for elections. For the April
2020 election cycle, the City contracted with Los Angeles County for its elections
administration, which saved the City considerable dollars. The County is required to
conduct an off-cycle election for the City of Arcadia; however, the cost of conducting a
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standalone off-cycle election will be significantly higher than a consolidated election in
June or November. There may be other third-party vendors that can provide this service
to the City in the future; however, staff will need to research those options more fully.
While the City is allowed run its own elections using City employees, the staff does not
currently have the expertise nor the equipment to implement such a strategy.
Campaign Contribution Limits
The City of Arcadia currently does not have campaign contribution limits for local elections
and is, therefore, subject to the new default state law limits. There is nothing precluding
the City from adopting its own limits that are different than what the state allows. AB 571
specifically addresses limits from individual contributors per election. The default
contribution limit amount imposed by the bill is the same as for State elected officers,
which is currently $4,900.
Although, AB 571 provides cities with the opportunity to establish higher or lower
campaign contribution limits, the FPPC will not enforce local campaign contribution limits.
Enforcement will be the responsibility of the City to establish appropriate local
enforcement methods, such as criminal, civil, or administrative means.
Given concerns raised in recent elections over large donations from single entities, it
would be beneficial to have established limits for campaigns to follow. Whether it is better
to stick with the State default or to adopt a local standard is a value judgment best left to
policy makers to decide. The decision may come down to whether it is worth adding
enforcement costs and efforts to enjoy having unique local financial standards.
Conclusions and Recommendations
Given the recent changes in state law due to the court decision, the City Council should
repeal Ordinance No. 2352 and conduct its next General Election in April 2022. The City
can choose to consolidate its future elections by conducting a Charter Amendment at a
future date or wait for the state to eventually mandate it. If the City Council wishes, a
Charter Amendment could be placed on the ballot in April 2022 asking voters to conduct
future elections in the November election cycle. If voters approve the measure, the first
election would be November 2024 (coinciding with the expected termination of the terms
for Council Members Cheng and Verlato). If the elections get moved to November each
year, it is recommended that the City Council reorganization process take place around
the first of the calendar year annually.
The delay in the release of US Census data creates logistical and legal hurdles for
redistricting by the April 2022 election. It is simply impossible for the City to adopt maps
by the 174-day pre-election deadline when the underlying data may not even be available
before that date. The City Attorney has advised that the City Council can still conduct the
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redistricting process once the data is available; however, the maps will not become
operative until the 2024 election cycle.
Finally, recent changes in state law have created new limits for campaign contributions.
The City has not adopted limits in the past; however, the option is always available to do
so. If the City defaults to state laws and limits, the FPPC will be enforcement body for
campaign contributions. If the City adopts its own limits, the City Clerk’s Office will become
the enforcement body for that policy. There is will be some additional staff time for training
and enforcement that will be incurred. It is recommended that the City Council provide
direction on adopting a campaign contribution limit policy.
CEQA ANALYSIS
The transition from at-large to district-based elections is exempt from environmental
review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code,
§ 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et
seq.) Sections 15061(b)(3), 15320, and 15378(b)(3). The transition process is an
organizational and administrative activity of the City, does not have the potential to result
in either a direct or reasonably foreseeable indirect physical change in the environment,
and is, therefore, not a project for purposes of CEQA. (State CEQA Guidelines, §§
15061(b)(3); 15378(b)(5).) In the event the transition process does constitute a project,
it is categorically exempt under the Class 20 (Changes in the Organization of Local
Governments) categorical exemption. (State CEQA Guidelines, § 15320.) None of the
exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply.
FISCAL IMPACT
The total amount of fiscal impact is unknown at this time. The process of rescinding
Ordinance No. 2352 has no fiscal impact beyond minor staff time and publication costs.
A professional demographer to assist in the redistricting process will cost an estimated
$25,000.
The cost of municipal elections varies significantly depending on whether it is run
individually or as part of a larger effort. A municipal election in April 2022 for Districts 2,
3, and 5, assuming it is administered by the County as a single stand-alone election, is
estimated to cost approximately $78,000. This is based off the April 2020 election for
Districts 1 and 4 run by the County, which included a number of other entities sharing
costs, costing the City $52,000. It should be noted that in 2020, the City Clerk election
was cancelled saving the City approximately $78,000 during that cycle. It is estimated
that the range of City elections, depending on the cycle, is $78,000 to $131,000.
Prior stand-alone Citywide elections (before districts), when administered by a consultant
generally cost the City $240,000. Should the City participate in a November election going
forward, staff anticipates the costs to be lower than the cited figures above because of
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the economies of scale generated by consolidated statewide elections where all Arcadia
registered voters receive a ballot.
If a Charter Amendment is proposed, all registered voters in Arcadia would be asked to
vote on the Amendment. Since the April 2022 election would be a general election, the
additional cost of adding a Charter Amendment on that ballot would be fairly significant
(mailings would be sent to two additional districts and a separate ballot would be
required). The matter could also be placed on a June or November election run
concurrently with the statewide effort at a reduced cost. In addition, the City will also incur
additional legal fees and public outreach costs in order to conduct the ballot measure
process. The costs for City Council reorganization are already included in the annual
fiscal year operating budget.
There is no fiscal impact for applying current State law campaign finance limits. If the City
Council were to adopt its own local campaign finance requirements, there would be
additional, presumably minor, staff time involved with monitoring and enforcement.
RECOMMENDATION
It is recommended that the City Council provide direction on the following:
1. Rescind Ordinance No. 2350, changing the general municipal election from
April of even-numbered years to November of even numbered years;
2. Placing a Charter Amendment on the ballot at an election in 2022 asking voters
to move the general election from April to November of even numbered years,
and other related election activities; and,
3. Consider either establishing a local campaign contribution limit ordinance; or
take no action and default to the contribution limits of Assembly Bill 571 which
is currently $4,900.
Attachments: A. District Maps
B. Election Options Chart
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Council Districts
City Boundary
Ü00.5Mile sData Sources : City of Arcadia, 2017.
Cou ncil District City of Arcadia, California
2020
Event D J F M A M J J A S O N D J F M A M J J A S O N D
2020 Census Ends - December 31, 2020
Census Data Due - March 30, 2021
Census Data Delivered - September 30, 2021
Deadline to Adopt Maps for Apr. 12, 2022 (174
days before) - Oct. 20, 2021 (impossible)
Census Data Available - October 31, 2021
Typical Redistricting Process (+/- 90 days)
Deadline for Submitting Charter Amendment for
Apr. 12, 2022 (88 days before) - Jan. 14, 2022
April 12, 2022 Election
Deadline for Submitting Charter Amendment for
Jun. 7, 2022 (88 days before) - Mar. 11, 2022
Deadline to Adopt Maps for Nov. 1, 2022 (174
days before) - May 21, 2022
June 7, 2022 Election
Deadline for Submitting Charter Amendment for
Nov. 1, 2022 (88 days before) - Aug. 5, 2022
November 1, 2022 Election
2021 2022