HomeMy WebLinkAbout2020-03-19 - RESOLUTIONS - DECLARING INTENTION TO TRANSITION FROM AT-LARGE TO (2)RESOLUTION NO.20-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
DECLARING ITS INTENTION TO TRANSITION FROM AT -LARGE TO
DISTRICT -BASED ELECTIONS FOR CITY COUNCIL PURSUANT TO
ELECTIONS CODE SECTION 10010 AND GOVERNMENT CODE SECTION 34886
EFFECTIVE FOR THE NOVEMBER 2020 GENERAL MUNICIPAL ELECTION
WHEREAS, the City of Santa Clarita, California ("City") is a general law city, duly
organized under the Constitution and laws of the State of California; and
WHEREAS, the five members of the Santa Clarita City Council are currently elected in
at -large elections, in which each City Council member is elected by all registered voters of the
entire City; and
WHEREAS, the California Voting Rights Act of2001 (Elections Code §§14025-
14032) ("CVRA") provides that its purpose is "to implement the guarantees of Section 7 of
Article I and of Section 2 of Article II of the California Constitution"; and
WHEREAS, the City of Santa Clarity believes that its current electoral system is
consistent with Section 7 of Article I and Section 2 of Article II of the California Constitution,
and that a district -based electoral system is also consistent with these provisions; and
' WHEREAS, the CVRA applies to jurisdictions that use an at -large method of
election; and
WHEREAS, numerous California cities, including in Los Angeles County, have been
sued under the CVRA to force those cities to abandon their at -large electoral systems, and
implement a by -district electoral system; and
WHEREAS, the defense of litigation under the CVRA is extremely expensive and those
cities that have lost in court have also lost substantial control over the districting process within
their cities. Further, even if the city were to prevail in defense of an action, a successful defense
would not prevent a different plaintiff from suing the city under the CVRA in the future; and
WHEREAS, the CVRA mandates that prevailing plaintiffs are entitled to recover their
attorneys' fees and expenses, including expert witness fees, from a defendant city, and even
defendant cities that have settled CVRA lawsuits in the early stages of litigation are mandated to
pay plaintiffs' attorneys' fees and expenses, which typically have been substantial; and
WHEREAS, on February 7, 2020, the City received a letter from Scott Rafferty,
demanding that the City switch to election by districts for the 2020 election pursuant to Elections
Code 10010; and
' WHEREAS, California Government Code section 34886 authorizes the legislative
body of a city to adopt an ordinance, without voter approval, to change its method of election
Page 1 of 6
from "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, section 34886 authorizes such a change "in furtherance of the purposes
of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with section 14025)
of Division 14 of the Elections Code)"; and
WHEREAS, numerous cities and special districts throughout the state and in Los Angeles
County have moved from an at -large electoral system to a by -district electoral system for
members of their governing bodies; and
WHEREAS, the City intends to make this transition from an at -large system to a by -
district system in accordance with the procedural rules outlined in Government Code section
34886 and Elections Code section 10010.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, hereby
resolves as follows:
SECTION 1. Intention to Switch to Election by Districts.
A. The foregoing recitals are true and correct.
B. 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, in accordance with Elections Code
section 10010 and Government Code section 34886, and other applicable law.
C. The City Council directs staff to work with a qualified 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 Federal Voting Rights Act.
D. 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.
E. The City Council directs staff to instruct the demographic consultant to prepare
for City Council review at the appropriate time proposals for districting plans with
five districts pursuant to Government Code §§ 35871(b) and 34886.
The City Council directs staff to undertake public outreach and to inform the
residents of Santa Clarita of this resolution and the districting process, and to '
facilitate and encourage public participation, to the extent permitted by the current
Covid-19 coronavirus pandemic, as well as publish notice of the public hearings
Page 2 of 6
identified in the attached Exhibit A.
G. 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, to the extent permitted by
the current COVID-19 coronavirus pandemic.
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 19`h day of March, 2020
ATTEST:
' MARY CUSICK, CITY CLERK
2 )q1
DATE
i/�
CAMERON SMYTHqvrAYOR
Page 3 of 6
STATE OF CALIFORNIA ) I
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing
Resolution 20-7 was duly adopted by the City Council of the City of Santa Clarita at a special
meeting thereof, held on the 19t` day of March, 2020, by the following vote:
AYES: COUNCILMEMBERS: f 1,- L/L-M o `,
NOES: COUNCILMEMBERS: r A,-\.dnP .
ABSENT: COUNCILMEMBERS
Page 4 of 6
CITY CLERK
I
Exhibit A
Timeline: Consideration and Implementation of By -District Elections
(All meetings in Council Chambers at City Hall)
Date
Event
Comment
March 19, 2020
City Council adopts
Period of time for publicity of
Special City Council
Resolution declaring its
districting process before first
Meeting
intention to transition from at-
Public Hearing
large to by -district elections
March 23, 2020
45 Day EC 10010(e) deadline
March 20 — April 20,
COVID-19 Hiatus
2020
April 21, 2020
First Public Hearing
Before maps are drafted by
Special Meeting
demographer
April 22, 2020
Mapping tools available to
public
April 28, 2020
Second Public Hearing
Before maps are drafted by
Regular Meeting
demographer
April 30, 2020
Deadline for submission of
public maps
May 5, 2020
Council input to demographer
Optional meeting. Can be used
Special Meeting
on districting criteria based
for a public hearing if COVID-19
upon first two hearings
Hiatus needs to be extended
May 12, 2020
Post draft maps and potential
At least 7 days before hearing
sequence of elections
May 19, 2020
Third Public Hearing
Regarding content of draft
Special Meeting
maps and sequence of
elections
May 26, 2020
Post any new or amended
At least 7 days before hearing
maps and potential sequence
of elections
Page 5 of 6
Date
Event
Comment
June 2, 2020
Fourth Public Hearing: Select
Regarding content of draft
Special Meeting
Map. Council introduces
maps and sequence of
ordinance establishing district
elections.
elections, including district
Selected map may not be
boundaries and election
amended as there is not time
sequence
for publication and another
public hearing before expiration
for the 90-day safe harbor
period
June 9, 2020
5'^ Public hearing: 2n1 reading
Ordinance adopted
Regular Meeting
of Ordinance
June 17, 2020
90-day EC 10010(e) deadline
to complete process within
safe harbor
November 3, 2020
First election using district -
based seats
March 2021
2020 Census data released
Spring/Summer 2021
Begin redistricting to be
completed after August 1,
2021 based upon 2020
Census data
November 2022
Second election using district -
based seats redrawn
according to the 2020 Census
information, if needed
Page 6 of 6