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

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

3. 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

4. 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.

5. 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

6. 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

7. 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)

8. 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

9. 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

10. 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.

11. 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

12. 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

13. 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)

14. QUESTIONS/COMMENTS

15. 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

16. 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

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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