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HomeMy WebLinkAboutCC Resolution 14453 (District-Based City Elections)RESOLUTION NO. 14453 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT-BASED ELECTIONS FOR CITY COUNCIL PURSUANT TO ELECTIONS CODE SECTION 10010(E)(3)(A), EFFECTIVE FOR THE NOVEMBER 2020 GENERAL MUNICIPAL ELECTION WHEREAS, the City of San Rafael is a charter city duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, Article VI of the Charter of the City of San Rafael (“City Charter”) provides for the election of four city councilmembers and a separately elected mayor at the general municipal election; and WHEREAS, Article IV of the City Charter provides that all elections to fill public offices shall be held and conducted as provided by general state law; and WHEREAS, the City currently uses an at-large election system for electing the mayor and city councilmembers; and WHEREAS, on November 20, 2017, the City Clerk received by certified mail a letter from attorney Kevin I. Shenkman asserting that the City’s at-large election system violates the California Voting Rights Act of 2001 (Elections Code §§14025-14032) (“CVRA”) and threatening to sue the City unless the City transitions to a district-based election system for its city council; and WHEREAS, a violation of the CVRA is established if it can be proven that “racially polarized voting” occurs in the City’s at-large election system. Racially polarized voting means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a “protected class”, an in the choice of candidates or other electoral choices that are preferred by voters in the rest of the electorate (Elections Code §14026(e)); and WHEREAS, the City Council has been advised that defending a lawsuit filed pursuant to the CVRA will require the City to incur legal fees and costs potentially in the hundreds of thousands of dollars for the City’s own defense, and additional liability of potentially hundreds of thousands of dollars in legal fees and costs payable to the prevailing plaintiffs if the City is unsuccessful; and WHEREAS, California Government Code Section 34886, in certain circumstances, authorizes the legislative body of a city to adopt an ordinance to change its method of election from an "at-large" to "district-based" in which each council member is elected only by the voters residing in the district in which the candidate resides; and WHEREAS, the California Legislature, in amendments to Elections Code section 10010, has provided a method whereby a jurisdiction, including a charter city, can expeditiously change to a by-district election system and avoid litigation under the CVRA; and WHEREAS, if the City elects to transition to a district-based election system within the timeframe established in Elections Code section 10010, then the City is protected from the filing 2 of a CVRA lawsuit with its incumbent costs, and its liability to the potential plaintiffs for legal fees will be capped at $30,000; and WHEREAS, although Mr. Shenkman’s letter was not accompanied by any evidence to support his claim of a CVRA violation, the City Council finds that the City should act within the safe-harbor timeframe provided by Elections Code Section 10010 to transition from an at-large election system to a district-based election system for electing the city councilmembers; and WHEREAS, prior to the City Council’s consideration of an ordinance to establish district boundaries for a district-based electoral system, California Elections Code Section 10010 requires all of the following: 1. Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two (2) public hearings over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts; 2. After all draft maps are drawn, City shall publish and make available for release at least one draft map and, if members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections shall also be published. The City Council shall also hold at least two (2) additional hearings over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven (7) days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven (7) days before being adopted; and WHEREAS, the City will retain an experienced demographer to assist the City to develop a proposal for a district-based electoral system; and WHEREAS, the adoption of a district-based electoral system will not affect the term of any sitting Council Member, each of whom will serve out his or her current term; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael as follows: 1. The City Council shall consider an ordinance to change to a district-based election system for use in the City’s General Municipal Election for City Council Members beginning in November 2020. 2. The City Council directs staff to work with the City’s retained demographer, and other appropriate consultants as needed, to provide a detailed analysis of the City’s current demographics and any other information or data necessary to prepare a draft map that divides the City into voting districts in a manner consistent with the intent and purpose of the California Voting Rights Act and the Federal Voting Rights Act. 3. The City Council approves the tentative timeline set forth in Exhibit A, attached to and made a part of this resolution, for conducting a public process to solicit public input on proposed district-based electoral maps before adopting any such map. 3 4. The City Council directs staff to institute a program for public outreach and to inform the residents of San Rafael of this resolution and the process set forth in Exhibit A, and to facilitate and encourage public participation. 5. The timeline contained in Exhibit A may be adjusted as deemed necessary, provided that such adjustments shall not prevent the City from complying with the time frames specified by Election Code Section 10010. I, LINDSAY LARA, Interim City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael held on the 16th day of January, 2018, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Lindsay Lara, Interim City Clerk EXHIBIT A TENTATIVE TIMELINE TRANSITION TO DISTRICT-BASED ELECTIONS PER ELECTIONS CODE §10010 NO. TASK DATE 1 Adopt Resolution of Intention January 16, 2018 2 1ST Public Hearing: Consider composition of districts February 5, 2018 3 2nd Public Hearing: Consider composition of districts February 20, 2018 4 Publication of draft maps and proposed election sequence By February 26, 2018 5 3rd Public Hearing: Consider draft maps and election sequence March 5, 2018 6 Publication of any new or revised draft maps and/or proposed election sequences By March 12, 2018 7 4th Public Hearing: Consider draft maps election sequence, and introduce ordinance establishing district elections March 19, 2018 8 Publication of any new or revised draft maps and/or proposed election sequences By April 9, 2018 9 5th Public Hearing: Adopt ordinance establishing district April 16, 2018 10 Day 90 April 16, 2018 11 Effective date of ordinance 12 First district-based election November 3, 2020