HomeMy WebLinkAbout2014-04-22 - AGENDA REPORTS - AB 2715 DIST MUNI ELECTIONS (2)CONSENT CALENDAR
DATE:
SUBJECT:
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Agenda Item• 8
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
April 22, 2014
J
Michael Murphy
STATE LEGISLATION: AB 2715 (HERNANDEZ) DISTRICT
BASED MUNICIPAL ELECTIONS
City Manager's Office
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee's recommendation of an "oppose"
position for Assembly Bill 2715 (Hernandez) and transmit position statements to Assembly
Member Hernandez, Santa Clarita's state legislative delegation, appropriate legislative
committees, Governor Brown, and the League of California Cities.
BACKGROUND
Assembly Bill 2715 (AB 2715) would require a "by district" election system to be imposed for
the election of members of the governing body of cities with a population of 100,000 or more,
based upon the latest federal decennial census. Under provisions of the bill, each district would
have its own representative, elected from the district by only the voters in that district. AB 2715
does not specify the number of districts to be created for each city, but existing law allows for
general law cities to have districts comprised of five, seven, or nine representatives and also
makes provisions for cities which have an elected Mayor.
The City of Santa Clarita, with a population of approximately 205,000, is directly impacted by
this proposed legislation. Currently, there are approximately 29 other general law cities
throughout California that may be impacted by the mandate to adopt a district -based method of
election under the proposed bill. If enacted, the provisions of the new law will become operative
on July 1, 2015.
The bill language does indicate that if the bill passes and the Commission on State Mandates
determines the bill contains costs mandated by the state, reimbursement for those costs shall be
made pursuant to the statutory provisions. However, in order to balance the state budget in
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recent years, the Legislature and Governor have suspended the reimbursement of specified
mandates to local governments. For example, the City has not received a total of $228,501 in
reimbursements from the State of California for absentee ballots costs for three previous
municipal elections. City staff is not optimistic the City would receive timely mandate
reimbursement from the State, if required to hold district based elections and the Commission on
State Mandates determines that the new requirement is eligible for reimbursement.
The City Council has a longstanding history of opposing legislation that limits local control of
municipal public services. In this particular instance, the state would be directing that cities of a
certain size must conduct district based elections, as opposed to having the City Councils
determine the election system appropriate to the desires expressed by residents of the particular
jurisdictions. Furthermore, the City Council has historically opposed the imposition of unfunded
state mandates.
The League of California Cities has officially opposed the bill. On April 4, 2014 the City
Council Legislative Committee met and recommends an "oppose" position to the full City
Council.
ALTERNATIVE ACTIONS
1. Adopt a "support" position for AB 2715.
2. Take no position on AB 2715.
3. Other direction as determined by the City Council.
FISCAL IMPACT
No additional resources are needed to implement the recommended action.
ATTACHMENTS
AB 2715 (as amended April 3, 2014)
AMENDED IN ASSEMBLY APRIL 3, 2014
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 2715
Introduced by Assembly Member Roger Hern$ndez
February 21, 2014
An act to add Section 14028.5 to the Elections Code, and to add
Section 36503.2 to the Government Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2715, as amended, Roger Hernandez. District -based municipal
elections.
Existing law provides for political subdivisions that encompass areas
of representation within the state. With respect to these areas, public
officials are generally elected by all of the voters of the political
subdivision (at -large) or from districts formed within the political
subdivision (district -based). Existing law, the California Voting Rights
Act of 2001, prohibits an at -large method of election to be imposed or
applied in a manner that impairs the ability of a protected class to elect
candidates of its choice or its ability to influence the outcome of an
election, as a result of the dilution or the abridgment of the rights of
voters who are members of a protected class, as defined. Existing
Existing law authorizes the legislative body of a city to submit to
voters at any municipal or special election an ordinance providing for
the election of members of the
legislative body by districts, from districts, by districts with an elective
mayor, or from districts with an elective mayor. Under existing law,
"by district " means election of members of the legislative body by voters
of the district alone and "from district" means election of members of
the legislative body who are residents of the district from which they
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AB 2715 —2—
are elected by the voters of the entire city. Existing law prescribes the
procedures for the electors to changefrom the election of these members
by district to election from districts or vice versa.
I hisbi .11 would require a distriet based eleetion to be imposed for the
eleetion of the members of the governing body OF a city with _11
population of 100,000 or more, as determined by the ir oost reeent federal
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This bill would require the members of the legislative body of a city
with a population of] 00, 000 or more, as determined by the most recent
federal decennial census, to be elected by district. This bill would
require the legislative body to provide by ordinance, without submitting
the ordinance to the electors of the city for approval, for the election
of the members in this manner. This bill would require that the boundary
lines of each district be adjusted in accordance with specified provisions
of law.
By requiring cities to conduct elections for members of their
legislative bodies in a specified manner, this bill would impose a
state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
This bill would specify that its provisions become operative on July
1, 2015.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
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—3— AB 2715
The people of the State of California do enact as follows:
SECTION 1. Section 14028.5 is added to the Elections Code,
to read:
14028.5. ($)-Notwithstanding any other -prevision -e€ law,
exeept as pwvided in subdivision (b), in a city with a population
of 100,000 or more, as determined by the most recent federal
decennial census, a district -based election shall be imposed for the
election of the members of the governing body of the city in
accordance with Section 36503.2 of the Government Code.
(b) A eity deseribed itt subdivision (a) may petition the super
eourt of the eaunty in whieh the eity is laeated for an order
permitting the eity to impose an at large method of eleetion fe
SEC. 2. Section 36503.2 is added to the Government Code, to
read:
36503.2. (a) Notwithstanding any other law, the members of
the legislative body ofa city with apopulation of 100, 000 or more,
as determined by the most recent federal decennial census, shall
be elected by district as provided in subdivision (a) or (c) of Section
34871. The legislative body shall provide by ordinance, without
submitting the ordinance to the electors of the city for approval,
for the election of members of the legislative body in this manner.
(b) The boundaries of the districts for the legislative body shall
be established and adjusted in accordance with Chapter 7
(commencing with Section 21600) of Division 21 of the Elections
Code.
(c) For purposes for this section, "by district" has the same
meaning as set forth in Section 34871.
SRe. 2.
SEC. 3. If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
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AB 2715 —4—
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.
SEES
SEC. 4. This act shall become operative on July 1, 2015.
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