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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