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HomeMy WebLinkAbout07/21/2017 - Special Meeting Agenda NOTICE OF SPECIAL MEETING Pursuant to Government Code Section 54953(b), Mayor City of Amundson will be attending the City Council Special Meeting via teleconferencing off the Coast of Athens Greece, Rhapsody of the Sea, Room 8030, at 5:00 p.m. (Greece Time). Arcadia As authorized by California Government Code Section 54956 and Arcadia City Charter Section 408, a Special Meeting of the Arcadia City Council is Office of the hereby called to be held at the Council Conference Room, 240 W. Huntington City Clerk Drive, Arcadia, California at 8:00 a.m. on Friday, July 21, 2017. At this Special Meeting, the following matter will be discussed and considered. (OPEN TO THE PUBLIC) a. A Resolution of the City Council of the City of Arcadia, California, declaring its intention to transition from at-large to district-based elections pursuant to California Elections Code Section 10010(e)(3)(A), authorizing the City Manager to retain the services of a demographer to draw district maps, and finding this transition exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA guidelines Sections 15061(b)(3), 15320, and 15378(b)(5). Recommended Action: Adopt There will be time reserved for those who wish to address the City Council regarding the above item. No other business than the above will be considered at this meeting. Dated: July 19, 2017 240 W. Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626) 574-5455 (626) 447-7524 Fax www.ci.arcadia.ca.us DATE: July 21, 2017 TO: Honorable Mayor and City Council FROM: Stephen P. Deitsch, City Attorney SUBJECT: RESOLUTION NO. 7179 DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT-BASED ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10010(e)(3)(A), AUTHORIZING THE CITY MANAGER TO RETAIN THE SERVICES OF A DEMOGRAPHER TO DRAW DISTRICT MAPS, AND FINDING THIS TRANSITION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(b)(3), 15320, AND 15378(b)(5) Recommendation: Adopt SUMMARY In response to threatened litigation regarding alleged non-compliance with the California Voting Rights Act (“CVRA”), it is recommended that the City Council adopt a resolution of intention to transition from at-large to district-based elections and direct the City Manager to retain the services of a demographer to draw district maps. Under Assembly Bill (“AB”) 350, in order to limit attorney fees for any prospective claimant, the City will have 90 days to complete the transition process, during which time the public will have at least five opportunities to comment on the proposal and the draft maps that are created for the potential voting districts. BACKGROUND In 2003, the CVRA became law. The CVRA, in an attempt to prevent the disenfranchisement of protected classes of persons, establishes a low bar for attorneys seeking to force cities to convert from at-large to by-district elections. Numerous public agencies in California have been sued under the CVRA. Plaintiffs challenging at-large elections of legislative bodies such as city councils have typically prevailed in litigation (the City Attorney is unaware of any public entity prevailing). Several cities, school districts and hospital districts have settled with challengers, either prior to or in the midst of litigation brought pursuant to the CVRA. Resolution No. 7179 transitioning to District Elections July 21, 2017 Page 2 of 4 Cities and other public entities have had a statutory obligation to reimburse successful challengers for their attorneys’ fees pursuant to the CVRA. For example, the City of Palmdale incurred $4.7 million in legal fees in unsuccessfully defending in court its at- large city council election system, and the Cities of Santa Barbara, Whittier, Anaheim and Modesto incurred legal fees of between $600,000 and $3 million in settling such challenges by adopting by-district elections. At least 55 California cities have transitioned, or are in the process of transitioning, from at-large to by-district elections as a result of the CVRA. In addition, there are at least 146 school districts, 27 community college districts and eight water or other special districts which have done or are doing so under the CVRA. Last year, the California legislature adopted AB 350 amending Elections Code Section 10010 to cap the attorneys’ fees a prospective plaintiff may recover if a public agency adopts a resolution of intention to change to a by-district system of elections within 45 days after the receipt of a letter from that prospective plaintiff alleging a CVRA violation. On June 6, 2017, the City received a letter from Kevin Shenkman, Esq., alleging that the City’s at-large City Council election system diluted the ability of certain protected classes of persons within the City to elect candidates of their choice and demanding the City notify him of its intent to change to a by-district election system by July 21, 2017, in accordance with AB 350. DISCUSSION The City must seriously consider Mr. Shenkman’s letter and the current state of the law under the CVRA. If the City desires to avoid the high costs and legal risks associated with a CVRA lawsuit, the City would need to initiate the process of transitioning to a by- district election system. If the City intends to limit its exposure to $30,000 regarding possible reimbursement of Mr. Shenkman’s attorney fees under the CVRA, the City Council would then have to adopt a resolution of intention to transition to by-district City Council elections by July 21, 2017. The first step in the process of transitioning to by-district elections is the adoption of a resolution of intention establishing the specific steps the City will undertake to facilitate the transition and an estimated time frame for doing so. In addition, the City would need to retain a qualified and experienced demographer to assist the City with drawing proposed district maps. The cost of these services is expected to not exceed $24,250. Because time is of the essence, it would be recommended that the City Council authorize the City Manager to immediately select the National Demographics Corporation (“NDC”) to perform these services. Dr. Douglas Johnson, the President of NDC, has assisted dozens of Cities throughout the State with this process in recent months and has proven to be capable and experienced in carrying out the required duties at a reasonable price. 2 Resolution No. 7179 transitioning to District Elections July 21, 2017 Page 2 of 4 The current at-large election system has served the City of Arcadia well over the years. The community has resisted by-district voting because it was believed that Council Members elected at-large might be more inclined to have the City’s overall interests in mind versus just their particular neighborhood. Traditionally, by-district voting made sense mostly in larger communities with disparate neighborhoods, especially those with widely varied socioeconomic boroughs. In Arcadia, while different areas of the City certainly have different physical characteristics and other unique traits, the voting interests of the residents are fairly homogenous Citywide. Nevertheless, the CVRA sets forth fairly one-dimensional thresholds for establishing potential voter disenfranchisement claims, leaving the City (and most others throughout the State) susceptible to lawsuits in this area. Also, some speculate that the State Legislature might be moving in the future toward a specific statutory requirement that public entities adopt a district election system anyway. By adopting a resolution of intention to adopt a by-district election system, the City would avoid litigation, and would thereby retain its own ability to determine and adopt an appropriate district map instead of having the risk of a court doing so. Adopting a resolution of intention by the deadline of July 21, 2017, would enable the City to cap at $30,000 its exposure of possibly having to reimburse Mr. Shenkman his attorney fees, pursuant to AB 350. 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 proposed Resolution 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 proposed adoption of this Resolution 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 If the City Council chooses not to transition to district based elections and is subsequently sued, it is estimated that the City in the aggregate could incur more than $1 million in its own attorney fees and costs, and those fees and costs the City would be required to reimburse a plaintiff if the City receives an adverse court determination. 3 Resolution No. 7179 transitioning to District Elections July 21, 2017 Page 2 of 4 If the City Council chooses to transition to district based elections, the City will need to engage the services of a demographer to assist in creating and refining the potential district map. These services are expected not to exceed $24,250. For this effort National Demographics Corporation would be engaged. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7179 declaring its intention to transition from at-large to district-based elections pursuant to California Elections Code section 10010(e)(3)(a), authorizing the City Manager to retain the services of a demographer to draw district maps, and finding this transition exempt from the California Environmental Quality Act pursuant to state CEQA guidelines sections 15061(b)(3), 15320, and 15378(b)(5). Attachment: Resolution No. 7179 4