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HomeMy WebLinkAboutItem 1a - District Based Election DATE: August 1, 2017 TO: Honorable Mayor and City Council FROM: Stephen P. Deitsch, City Attorney SUBJECT: PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON TRANSITION TO DISTRICT BASED ELECTIONS Recommendation: Conduct a public hearing to receive public input regarding the composition of the districts SUMMARY On July 21, 2017, in response to threatened litigation regarding alleged non-compliance with the California Voting Rights Act (“CVRA”), the City Council adopted a resolution of intention to transition from at-large to district-based elections and directed the City Manager to retain the services of a demographer to draw district maps. Under Assembly Bill (“AB”) 350, the City now has 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. This is the first such opportunity. It is recommended that the City Council conduct a public hearing to receive input regarding the composition of the potential voting districts and set a public hearing for Wednesday, August 9, 2017, to obtain further input. 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. Public Hearing – Transition to By-District Elections August 1, 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 after 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. While the City Council did not in any way concede to Mr. Shenkman’s allegations, in an effort to avoid costly litigation, on July 21, 2017, the City Council adopted Resolution No. 7179, a resolution declaring the City’s intention to transition from at-large to district- based elections pursuant to Elections Code Section 10010. DISCUSSION Procedure Under AB 350 Elections Code Section 10010 provides a specific process for the adoption of an ordinance to transition to district-based elections. The process includes a series of public hearings at which the public is invited to provide input regarding the composition of the districts. The maps for Council districts will be drawn by a professional demographer with extensive experience in the CVRA and drafting Council districts. Before drawing a draft map or maps, the City must hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts. After the draft maps are drawn, the City shall publish at least one draft map. The City shall also publish the potential sequence of elections, if the City Council Members will be elected at different times to provide for staggered terms of office. 2 Public Hearing – Transition to By-District Elections August 1, 2017 Page 2 of 4 Then, the City shall hold at least two additional public hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft maps and the proposed sequence of elections. The preliminary proposed schedule for the transition is as follows: Aug. 1, 2017 Public Hearing No. 1 Aug. 9, 2017 Public Hearing No. 2 Aug. 28, 2017 Publication of Draft Map(s) Sep. 5, 2017 Public Hearing No. 3 Sep. 19, 2017 Public Hearing No. 4 Oct. 3, 2017 Introduction of Ordinance Oct. 17, 2017 Second Reading and Adoption of Ordinance Public comments on the transition and the proposed district maps are very important and all residents within the City are encouraged to participate in these hearings. Criteria for Establishing Districts The drawing of City Council districts is regulated by both state and federal law, including the CVRA and the Federal Voting Rights Act. For example, under federal law, council districts may not be drawn with race as the predominate factor. (Shaw v. Reno (1993) 509 U.S. 630.) The professional demographer retained by the City to draw Council districts will ensure the districts are compliant with these standards. Under Elections Code Section 21620, districts must be drawn as nearly equal in population as may be according to the latest federal decennial census. In establishing the boundaries, the City Council may give consideration to the following factors: (1) Topography; (2) Geography; (3) Cohesiveness, Contiguity, Integrity, and Compactness of Territory; and (4) Community of Interest of the Districts. 3 Public Hearing – Transition to By-District Elections August 1, 2017 Page 2 of 4 Based on the public input received at the public hearing, the City Council may wish to identify additional criteria to guide the establishment of election districts. For example, among other criteria, the City Council may wish to respect the previous choices of City voters by avoiding the creation of head-to-head contests between Councilmembers previously elected by the voters of the City (insofar as this does not conflict with Federal or State Law). 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 transition process 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 transition process 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 There is no fiscal impact associated with the public hearing. RECOMMENDATION It is recommended that the City Council conduct a public hearing to receive public input regarding the composition of the districts and set a public hearing for Wednesday, August 9, 2017, to obtain additional input on this matter. 4