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