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HomeMy WebLinkAboutCC Reso No 2017-121 Transition from At-Large to By-District Council Member ElectionsRESOLUTION NO. 2017 -121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENT TO TRANSITION FROM AT -LARGE TO BY- DISTRICT COUNCIL MEMBER ELECTIONS, OUTLINING SPECIFIC STEPS TO BE UNDERTAKEN TO FACILITATE THE TRANSITION AND ESTIMATING A TIME FRAME FOR ACTION PURSUANT TO ELECTIONS CODE SECTION 10010 Whereas, the City Council of the City of Lake Elsinore (City) were elected under an "at- large" election system, where Council Members were by the voters of the entire City; and, Whereas, California Government Code Section 34886 in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an "at- large" system to a "by- district" system in which each council member is elected only by the voters in the district in which the candidate resides; and, Whereas, the City Clerk received a certified letter on September 25, 2017, from Kevin Shenkman of the law firm of Shenkman & Hughes asserting that the City's At -Large Council Member electoral system violates the California Voting Rights Act ( "CVRA ") and threatening litigation if the City declines to voluntarily change to a district -based election system for electing Council Members; and, Whereas, a violation of the CVRA is established if it is shown that racially polarized voting occurs in elections (Elections Code Section 14028(a)). "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, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate (Elections Code Section 14026(e)); and, Whereas, the California Legislature in amendments to Elections Code Section 10010, has provided a method whereby a jurisdiction can expeditiously change to a by- district election system and avoid the high cost of litigation under the CVRA; and, Whereas, the public interest would be better served by council consideration of a proposal to transition to a district -based electoral system because of: 1) the extraordinary cost to defend against a CVRA lawsuit, 2) the risk of losing such a lawsuit which would require the City to pay the prevailing plaintiffs' attorneys' fees, and 3) the reimbursable costs and attorneys' fees would be capped at a maximum of $30,000.00 by following the procedures set forth in Elections Code Section 10010 as amended by AB 350; 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 Resolution No. 2017 -121 Page 2 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 has retained special legal counsel and 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 elections system will not affect the terms of any sitting Council Member, each of whom will serve out his or her current term. Whereas, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. The City Council hereby resolves to consider adoption of an Ordinance to transition to a by- district election system as authorized by Government Code Section 34886 for use in the City's General Municipal Election for City Council Members beginning in November 2018. Section 3. The City Council directs the City Attorney (or special legal Counsel) and City Clerk to work with a professional 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. Section 4. The City Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a part of this Resolution, for conducting a public process to solicit public input and testimony on proposed district -based electoral maps before adopting any such map. Section 5. The timeline contained in Exhibit A may be adjusted by the City Attorney and City Clerk as deemed necessary, provided that such adjustments shall not prevent the City from complying with the time frames specified by Elections Code Section 10010. Section 6. The City Council directs the City Clerk to post information regarding the proposed transition to a by- district election system, including maps, notices, agendas and other information and to establish a means of communication to answer questions from the public. Section 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Section 8. This Resolution shall take effect from and after the date of its passage and adoption. Resolution No. 2017 -121 Page 3 Passed and Adopted on this 7th day of November 2017. Mayor ATTEST: usan M. Domen, City Clerk STATE OF CALIFORNIA y COUNTY OF RIVERSIDE } ss. CITY OF LAKE ELSINORE } E. Magee I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017 -121 was adopted by the City Council of the City of Lake Elsinore, California, at a Special meeting on November 7, 2017, and that the same was adopted by the following vote: AYES: Council Member Hickman, Manos, and Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: ABSENT: ABSTAIN: n M. Domen, MMC City Clerk