City Council
MEETING DATE: 3/8/2017
TITLE:
Title
Adoption of Resolutions Initiating Procedures for Establishing and Implementing By-District Elections for City Council Members and Specifying the Criteria to Guide the Establishment of Electoral Districts
End
FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
Adopt the Attached Resolutions Initiating Procedures for Establishing and Implementing By-District Elections for City Council Members and Specifying the Criteria to Guide the Establishment of Electoral Districts
Body
BACKGROUND:
The City's charter commits the City to changing the election of City Council members from "at large" to "by districts" by no later than the November 2022 election or when the City's population reaches 65,000. On January 11, 2017, the City Council approved an agreement with National Demographics Corporation to commence the process of establishing Council districts. In mid-February, the City Clerk received a letter from the law firm of Shenkman and Hughes threatening litigation against the City under the California Voting Rights Act if the City does not change the election of City Council members from at large to district elections. On February 22, 2017, the City Council met in closed session to discuss the litigation threat and reaffirmed its commitment to converting from at large to by district Council elections.
DISCUSSION:
Elections Code section 10010 sets forth procedures for converting from at large elections to district-based elections. As a charter city, the City is generally not required to follow the procedures in the Elections Code. Nonetheless, Elections Code section 10010 sets forth a clear procedure that ensures ample public participation in the drawing of district boundaries. Therefore, City staff, the City Attorney, and the demographer believe that following the procedures in Section 10010 is advisable.
Elections Code section 10010 requires at least four public hearings to be held prior to a public hearing on the adoption of the ordinance that formally establishes the districts, for a total of five public hearings. Two public hearings must be held before draft maps are drawn to solicit public feedback on the composition of the districts. Two additional hearings must be held after at least one draft districting map is released for public comment. The first two hearings must be held over a period of time not to exceed 30 days, and the second two hearings must occur over a period of time no longer than 45 days.
The first proposed resolution sets forth a timeline for completing the process of establishing Council districts that is consistent with Elections Code section 10010. The resolution allows the timeline to be modified if needed, provided that the districts are established in time for the next City Council election to be held in November 2018.
The second proposed resolution specifies the criteria that will guide the establishment of Council districts and will be followed in drawing proposed district lines. These criteria require the districts to be roughly equal in population, and drawn in a manner that does not result in a denial or abridement of the right of any citizen to vote on account of race or color.
FISCAL IMPACT:
The demographer's contract has already been approved and is the primary cost associated with the establishment of districts.
ATTACHMENTS:
Resolutions