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CC - (1) Adoption of a Resolution Approving a Plan to Consolidate the City’s General Municipal Election with Statewide General Elections to Comply with the California Voter Rights Participation Rights Act, Codified in Elections Code Sections 14050-14057, and (2) Direction to the City Clerk, as Deemed Appropriate.

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Meeting Date:  November 27, 2017

Contact Person/Dept:  Jeremy Green, City Clerk; Lisa Vidra, Sr. Deputy City Attorney

Phone Number:  (310) 253-5859; (310) 253-5660

Fiscal Impact:  Yes []    No [x]                                                                General Fund:  Yes []     No []

Public Hearing:  []          Action Item:                     [x]          Attachments: []   

Commission Action Required:     Yes []     No [x]    Date:

Public Notification:   (E-Mail) Meetings and Agendas - City Council (11/22/17);

Department Approval:  Serena Wright, Administrative Services Director (11/20/17);

Carol Schwab, City Attorney (11/20/17)

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RECOMMENDATION

Staff recommends the City Council (1) adopt a resolution approving a plan to consolidate the City’s General Municipal Election with Statewide General Elections (“Plan”) to comply with the California Voter Rights Participation Rights Act, codified in Elections Code Sections 14050-14057, and (2) direction to the City Clerk, as deemed appropriate.

BACKGROUND

The City’s municipal election date is set forth in the City’s Charter, Section 1500, which provides as follows:

SECTION 1500.  GENERAL MUNICIPAL ELECTIONS.

General municipal elections for the filling of all elective offices, other than the Board of Education, shall be held in the City on the second Tuesday in April in each even-numbered year.

The election of members of the Board of Education shall be held in accordance with State law. Expenses for Board of Education elections shall be paid by the School District.

The California Voter Participation Rights Act (CVPRA) (SB 415), requires that if certain low voter turnout parameters are met, a City must consolidate the date of its general municipal election with the date of either the statewide primary or statewide general election (both held in even-numbered years). Under the CVPRA, as interpreted by the California Attorney General, Culver City must consolidate its general municipal election date by 2022 at the latest, and it must submit a plan for consolidation before January 1, 2018.

At the October 9, 2017 City Council meeting, the City Council considered the state consolidation requirement, including possible scenarios for implementation.  Since the City’s general municipal election date is specifically set out in the City Charter, and the Charter by law may only be changed by a vote of the people, the matter must be put to the voters of Culver City. After discussion, the City Council determined to appoint two council members to work with staff to draft the ballot measure question.

At the November 6, 2017 City Council meeting, after presentation of the draft ballot measure language, the City Council voted to hold a Special Municipal Election in November 2018, and place the measure on the ballot regarding changing the City’s municipal election date.  The Council also directed staff to prepare the required draft consolidation Plan to meet the CVPRA requirement to consolidate by November 2022, including language that allows for the ability to modify the Plan should there be a court determination that, either (1) charter cities are not required to consolidate their general municipal election date with a statewide election date, or (2) even if charter cities are required to consolidate their elections, the City’s Charter need not be amended because it is superseded by state law.

DISCUSSION

Pursuant to Council’s direction, attached is a proposed resolution, approving a Consolidation Plan, which will place the City in compliance with the CVPRA. As also directed, Section 3 of the proposed resolution indicates that the City Council reserves the right to amend its Plan to submit the charter amendment measure to the voters, if a court determines prior to the deadline for placing a measure on the November, 2018 election ballot, that (1) SB 415 is not binding on charter cities, and/or, (2) the City need not amend its Charter because its Charter provision setting the date of its general municipal election is superseded by SB 415.

FISCAL ANALYSIS

None.

ATTACHMENTS

1.                     Proposed Resolution

MOTION

That the City Council:

(1) Adopt a resolution approving a Plan to consolidate the City’s General Municipal Election with Statewide General Elections to Comply with the California Voter Rights Participation Rights Act, codified in Elections Code section 14050-14057, and

(2) Direction to the City Clerk, as Deemed Appropriate.