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
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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.
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Public Hearing – Transition to By-District Elections
August 1, 2017
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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.
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Public Hearing – Transition to By-District Elections
August 1, 2017
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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.
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