OFFICE OF THE CITY CLERK OCTOBER 30, 2017 CITY COUNCIL ACTION TO COMPLY WITH THE CALIFORNIA VOTER PARTICIPATION RIGHTS ACT (CVPRA) AND STATE ATTORNEY GENERAL’S ISSUED OPINION NO. 16-603

BACKGROUND September 1, 2015 - Governor Brown signed into law the California Voter Participation Rights Act (CVPRA) July 13, 2017 - State Attorney General Becerra’s Office issued Opinion No. 16-603, which concluded the CVPRA does apply to charter cities and to local school districts whose elections are governed by City Charters October 16, 2017 - City Council took an informal “straw poll” on the question of compliance with CVPRA and State Attorney General Opinion No. 16-603, directed staff to return with options to comply January 1, 2018 - City to adopt a plan to comply with CVPRA June 5, 2018 or November 6, 2018 - Recommended dates for Charter Amendment measures submitted to the voters

CVPRA COMPLIANCE If determined appropriate, the City Council would need to direct staff to return with the following: Prepare appropriate Charter Amendment language to be submitted to the voters for approval Prepare a City Plan for adoption detailing how the City intends to comply with the CVPRA prior to January 1, 2018 Prepare necessary resolutions calling a Special Election prior to the March 9, 2018 deadline to submit the proposed Charter Amendment measure(s) to the voters on June 5, 2018

OPTION A Option A: Continue to utilize a Primary and General election format for the offices of Mayor and City Council: City March Primary election (held in odd years) is moved and consolidated with statewide March Primary election (held in even years); City April General election (held in odd years) is moved and consolidated with statewide November General election (held in even years); A successful candidate for the Office of Mayor or for any City Council District race must receive a 50%+1 majority in either the statewide March Primary election or, if necessary, the statewide November General election (the General election includes only the top two candidates receiving the highest number of votes in the Primary); and Current terms for the Mayor and City Council would be extended by 19 months to facilitate the one-time transition to the statewide election cycle.

OPTION A – PROS AND CONS PROS: CONS: Maintains City’s current format of elections and 50%+1 majority requirement to be elected Successful candidates enjoy the majority support of constituents Based on City history, run-off elections occur when a seat is “open”, results in more candidates attracted without an established incumbent – more time for the public to vet new/prospective candidates for elected office CONS: Increases time-period between elections if run-off election necessary (6 weeks to 8 months) More costly to run a Primary and General election for both City and candidates Winners in March must wait until December to be sworn in and start terms Potential “lame duck” incumbent argument

OPTION A – CITY EXAMPLES County Population Election Format Council size including Mayor Chula Vista* San Diego 265,070 By-District 5 Fresno 520,453 7 Sacramento 485,683 9 San Diego* 1,391,676 San Jose Santa Clara 1,042,094 11 Stockton San Joaquin 315,592 By-District (2018)   Long Beach** Los Angeles 484,958 10 Los Angeles*** 4,030,904 15 San Bernardino**** San Bernardino 215,491 8 * Requires a mandatory run-off ** Recent City Council action approved to consolidate in 2020 *** Consolidation beginning in 2020 by Charter Amendment **** Consolidation beginning in 2018

OPTION B Option B: Utilize plurality voting for Mayoral and City Council district elections: A successful candidate for Mayor or any City Council district race must receive the highest number of votes cast for that race at a single election; Determine if Mayoral and City Council district elections should consolidate with, and occur on, statewide Primary election dates or on statewide General election dates; Current terms for the Mayor and City Council would be extended to facilitate the one-time transition to the statewide election cycle: 12 months (March statewide Primary); or 19 months (November statewide General)

OPTION B – PROS AND CONS PROS: CONS: Easy for voters to understand: one vote, one election to determine winner Candidates able to focus all energy and campaign efforts for one election Reduces city funds spent on elections, which can be repurposed for other City expenses Eliminates the issue of “lame duck” incumbent Plurality utilized by 102 of 122 charter cities in California, including 44 of 62 cities with a directly elected Mayor CONS: Depending on the number of candidates for office, potential for winner to be elected with a low winning percentage Less time and exposure for voters to get to know candidates, especially for races where incumbent decides not to run and a run-off more likely to occur

OPTION B – CITY EXAMPLES County Population Election Format Statewide Primary or General Council size including Mayor Anaheim Orange 358,136 By-District General 7 Bakersfield Kern 379,110 Primary 8 El Cajon San Diego 102,337 By-District (2018) 5 Eureka Humboldt 26,765 6 Merced 83,962 Palmdale Los Angeles 160,072 Pomona 155,604 Salinas Monterey 161,042 San Marcos 93,295

OPTION C Option C: Utilize the Primary and General election format for Mayoral elections requiring a 50% + 1 majority to be elected, and plurality voting for City Council district elections: City March Primary election for Mayor held in odd years is moved and consolidated with statewide March Primary election held in even years; City April General election for Mayor held in odd years is moved and consolidated with statewide November General election held in even years; A successful candidate for the Office of Mayor must receive a 50%+1 majority in either the statewide March Primary election or, if necessary, the statewide November General election (the General election includes only the top two candidates receiving the highest number of votes in the Primary); A successful candidate for any City Council district race must receive the highest number of votes cast for that race at a single election; Determine if the City Council District elections should consolidate with, and occur on, statewide Primary dates or on statewide General dates; and To facilitate the one-time transition to the statewide election cycle, current term for Mayor would be extended by 19 months; City Council terms extended 12 or 19 months, depending on election date chosen.

OPTION C – PROS AND CONS PROS: CONS: Ensures that citywide elected Mayor is elected by 50%+1 majority City Council candidates able to focus all energy and campaign efforts on one election Eliminates the issue of “lame duck” for incumbent district City Councilmembers CONS: More complex for voters to understand Would be unique to Pasadena - staff unable to identify any other municipality with a similar hybrid election format Potential for Mayor and City Council to have different timing in terms Increases time-period between elections for Mayor’s race if run-off necessary (6 weeks to 8 months) More costly to run a Primary and General election for both City and Mayoral candidates Potential “lame duck” incumbent argument

CITY OF LOS ANGELES CHARTER AMENDMENT The City of Los Angeles recently submitted Charter Amendments to voters regarding changes in election timing; similar changes to what Pasadena and PUSD are contemplating in light of the Attorney General’s Opinion: Changed City election dates from March and May of odd years to coincide with statewide dates in June and November Increased terms for Councilmembers and LAUSD Board of Education members on a one-time basis from 4 years to 5 ½ years to enable the transition to new election dates Will potentially require further Charter changes now that SB 568 has been signed by Governor

CITY OF BURBANK CHARTER AMENDMENT The City of Burbank recently voted unanimously to: Consolidate Burbank elections with the statewide General election starting November, 2020 Eliminate Burbank’s Primary election Extend City Council terms from 4 years to 5 years and 7 months Submit the above as a Charter Amendment for voter approval -  June of 2018 (statewide Primary)

QUESTIONS/COMMENTS

PLURALITY (MARCH PRIMARY) PROS AND CONS Length of extended terms would be 12 months, rather than 19 months Election held in March is more likely to be City focused, less likely for slate voting to occur Other Pasadena elections occurring on the Primary election date – Pasadena Community College Trustee elections CONS: Does not take advantage of the typically higher voter turnout that occurs in November General elections Slightly more expensive for City elections to occur on the statewide Primary date, fewer elections and issues from other jurisdictions, which means fewer opportunities to share election expenses

PLURALITY (NOVEMBER GENERAL) PROS AND CONS Typically, the highest voter turnout rates occur during November General elections Likely to be the least expensive date for plurality format City elections, with the most races and measures occurring on the statewide General election, and more jurisdictions sharing election expenses CONS: Length of extended terms would be 19 months Potential for partisan politics to impact City elections, slate voting More difficult for local campaigns and issues to break-through the messaging of national and state campaigns and issues

MOTION FOR OPTION A Find that the proposed action is exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), (“General Rule”); Submit for voter approval a Charter Amendment to comply with the CVPRA; Submit to the voters for approval the continued utilization of the Primary and General election format for the offices of Mayor and members of the City Council, with regular City elections to consolidate and occur on statewide election dates in even years, and requiring the successful candidate for any Mayoral or City Council District race to receive a 50%+1 majority in either the Primary or General elections to be elected; and Submit for voter approval the extension of the current terms for the Mayor and City Councilmembers on a one-time basis for 19 months to facilitate the transition to statewide election dates held in even years.

MOTION FOR OPTION B PLURALITY STATEWIDE PRIMARY Find that the proposed action is exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), (“General Rule”); Submit for voter approval a Charter Amendment to comply with the CVPRA; Submit for voter approval the utilization of plurality voting for Mayoral and City Council district elections, wherein the successful candidate for each race receives the highest number of votes for that race to be elected; Submit for voter approval a change in the timing of City elections to align and consolidate with statewide Primary elections held in even years; and Submit for voter approval an extension of the current terms for the Mayor and City Councilmembers on a one-time basis for 12 months to facilitate the transition to statewide Primary election dates held in even years.

MOTION FOR OPTION B PLURALITY STATEWIDE GENERAL Find that the proposed action is exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), (“General Rule”); Submit for voter approval a Charter Amendment to comply with the CVPRA; Submit for voter approval the utilization of plurality voting for Mayoral and City Council district elections, wherein the successful candidate for each race receives the highest number of votes for that race to be elected; Submit for voter approval a change in the timing of City elections to align and consolidate with statewide General elections held in even years; and Submit for voter approval an extension of the current terms for the Mayor and City Councilmembers on a one-time basis for 19 months to facilitate the transition to statewide General election dates held in even years.

MOTION FOR OPTION C PLURALITY STATEWIDE PRIMARY Find that the proposed action is exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), (“General Rule”); Submit for voter approval a Charter Amendment to comply with the CVPRA; Submit to the voters for approval the continued utilization of the Primary and General election format for the office of Mayor, with the Mayoral elections to align and consolidate with statewide Primary and General election dates in even years, and requiring the successful candidate for Mayor to receive a 50%+1 majority in either the Primary or General elections to be elected; Submit to the voters for approval the utilization of plurality voting for City Council district elections, wherein the successful candidate for each Council district race receives the highest number of votes for that race to be elected; Submit for voter approval a change in the timing for City Council district elections to align and consolidate with statewide Primary elections held in even years; and Submit for voter approval an extension of the current term for the Mayor on a one-time basis for 19 months to facilitate the transition to statewide Primary and General election dates held in even years, and for City Councilmembers on a one-time basis for 12 months to facilitate the transition to statewide Primary election dates held in even years.

MOTION FOR OPTION C PLURALITY STATEWIDE GENERAL Find that the proposed action is exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), (“General Rule”); Submit for voter approval a Charter Amendment to comply with the CVPRA; Submit to the voters for approval the continued utilization of the Primary and General election format for the office of Mayor, with the Mayoral elections to align and consolidate with statewide Primary and General election dates in even years, and requiring the successful candidate for Mayor to receive a 50%+1 majority in either the Primary or General elections to be elected; Submit to the voters for approval the utilization of plurality voting for City Council district elections, wherein the successful candidate for each Council district race receives the highest number of votes for that race to be elected; Submit for voter approval a change in the timing for City Council district elections to align and consolidate with statewide General elections held in even years; and Submit for voter approval an extension of the current terms for the Mayor and City Councilmembers on a one-time basis for 19 months to facilitate the transition to statewide election dates held in even years.

NEW STATE LEGISLATION Senate Bill 25 (Portantino) Elections: Ballot Order (pending) Establishes a revised order of precedence of offices on the ballot requiring that local offices and measures appear first before statewide and national offices and measures Increased likelihood that more voters will focus and vote on local races and measures