HomeMy WebLinkAbout2015-04-14 - AGENDA REPORTS - STATE LEG AB 278 (HERNANDEZ) (2)Agenda Item: 6
CITY OF SANTA CLARITA
Q) AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: April 14, 2015
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 278
DEPARTMENT: City Manager's Office
PRESENTER: Matthew Levesque
RECOMMENDED ACTION
City Council adopt the City Council Legislative Subcommittee's recommendation of an "oppose"
position for Assembly Bill 278 (Hernandez) and transmit position statements to Assembly
Member Hernandez, Santa Clarita's state legislative delegation, appropriate legislative
committees, Governor Brown, and the League of California Cities.
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ITSYSTIONTIMM,
Assembly Bill 278 (AB 278) Would require a district -based election system to be adopted for the
election of members of the governing body of cities with a population of 100,000 or more, based
upon the latest federal decennial census. Under provisions of the bill, each district would have its
own representative, elected from the district by only the voters in that district. AB 278 does not
specify the number of districts to be created for each city, but existing law allows for general law
cities to have districts composed of five, seven, or nine representatives and also makes provisions
for cities which have a directly elected Mayor. The bill also specifies the process under which
district boundaries shall be drawn.
The City of Santa Clarita (City), with a poptilation of approximately 209,130, stands to be
directly impacted by.the proposed legislation. Currently, there are more than 20 general law
cities throughout the State of California (State) that would be impacted by the bill's mandate to
adopt a district -based method of election under the proposed bill.
The City Council has traditionally opposed legislation that limits local control of municipal
public services. Under AB 278, the State would be directing that cities over a certain population
threshold Must conduct district -based elections, as opposed to having the City Councils
determine the election system appropriate to the desires expressed by residents within their
particular jurisdictions. Furthermore, AB 278 is similar to AB 2715, which was introduced
during the 2013/14 session of the California Legislature and died in committee. The City
Council opposed AB 2715. Finally, in the 2015 City of Santa Clarita Legislative Platform, the
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City Council adopted the plai
based voting systems in man
On March 10, 2015, the City
"oppose" position to the full
Elections and Redistricting a
Assembly Committee on Lo(
position "Oppose legislation that seeks to impose district -
elections."
:ouncil Legislative Subcommittee met and recommends an
ity Council. On March 25. 2015, the Assembly Committee on
)roved AB 278. The measure is now awaiting hearing before the
I Government.
On March 24, 2015, the Los Angeles County Board of Supervisors approved the City Council's
request for consolidation of the City's municipal election with the statewide general election to
be held in November of even -numbered years beginning in 2016, as contained in Santa Clarita
Ordinance No. 14-03. The City was able to enter into a Settlement Agreement resulting from a
California Voting Rights Act (CVRA) litigation without employing the use of a district -based
election system. AB 278 places a substantial burden on the City of Santa Clarita and other cities
with populations over 100,000 by seeking to resolve California Voting Rights Act concerns
through a specific state -mandated requirement, rather than allowing cities the flexibility to
resolve CVRA issues as provided under current law.
ALTERNATIVE ACTION
Adopt a "support" position for AB 278
Take no position on AB 278
Other direction as determined by the City Council
FISCAL IMPACT
No additional resources, beyond those contained within the adopted FY 2014/15 City budget, are
required for implementation of the recommended action.
ATTACHMENTS
Assembly Bill 278, As Amended 3/18/15
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AMENDED IN ASSEMBLY MARCH 18,2015
CALIFORNIA LEGISLATURE -2015-16 REGULAR SESSION
ASSEMBLY BILL
No. 278
Introduced by Assembly Member Roger HernAndez
February 11, 2015
An act to amend Section 10010 of the Elections Code, and to add
Section 34885 to the Government Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 278, as amended, Roger Hemuindez. District -based municipal
elections.
Existing law provides for political Subdivisions that encompass areas
of representation within the state. With respect to these areas, public
officials are generally elected by all of the voters of the political
subdivision (at -large) or from districts formed within the political
subdivision (district -based). Existing law, the California Voting Rights
Act of 2001, prohibits an at -large method of election to be imposed or
applied in a manner that impairs the ability of a protected class to elect
candidates of its choice or its ability to influence the outcome of an
election, as a result of the dilution or the abridgment of the rights of
voters who are members of a protected class, as defined.
Existing law authorizes the legislative body of a city to submit to
voters at any municipal or special election an ordinance providing for
the election of members of the legislative body by districts, from
districts, by districts with an elective mayor, or from districts with an
elective mayor. Under existing law, "by district" means election of
members of the legislative body by voters of the district alone and "from
district" means election of members of the legislative body who are
residents of the district from which they are elected by the voters of the
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AB 278 —2—
entire city. Existing law prescribes the procedures for the electors to
change from the election of these members by district to election from
districts or vice versa.
This bill would require the legislative body of a city with a population
of 100,000 or more to adopt an ordinance, without submitting the
ordinance to the voters of the city for approval, for the election of
members of the legislative body by district.44tis The bill would require
that the boundary lines of each district be adjusted in accordance with
specified provisions of lav�- existing law, except as otherwise provided
in this bill. The bill would require the legislative body to hold public
hearings before and after drawing a draft map of the proposed
boundaries of the districts (if the legislative body as specified The bill
would also require the legislative body to take certain actions to
encourage public participation in the drawing of the proposed
boundaries and would require that the proposed boundaries satisfy
specitied criteria.
By requiring certain cities to conduct elections for members of their
legislative bodies in a specified manner, this bill would impose a
state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact asfollows.
SECTION 1. Section 10010 of the Elections Code is amended
to read:
10010. (a) Apolitical subdivision not subject to the provisions
oJ Section 34885 of the Government Code that changes from an
at -large method of election to a district -based election shall hold
at least two public hearings on a proposal to establish the district
boundaries of the political subdivision prior t before a public
hearing at which the governing body of the political subdivision
votes to approve or defeat the proposal.
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(b) This section applies to, but is not limited to, a proposal that
is required due to a court -imposed change from an at -large method
of election to a district -based election.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "At -large method of election" has the same meaning as set
forth in subdivision (a) of Section 14026.
(2) "District -based election" has the same meaning as set forth
in subdivision (b) of Section 14026.
(3) "Political subdivision" has the same meaning as set forth in
subdivision (c) of Section 14026.
SEGTION 1.
SEC 2. Section 34885 is added to the Government Code, to
read:
34885. (a) (1) Notwithstanding any other law, the legislative
body of a city with a population of 100,000 or more shall adopt
an ordinance, without submitting the ordinance to the electors of
the city for approval, for the election of members of the legislative
body by district as provided in subdivision (a) or (c) of Section
34871.
(2) For purposes of this subdivision, the population of a city
shall be determined by the most recent federal decennial census.
(b) TIte-Except as otherwise provided in subdivisions (c) to (l),
inclusive, the boundaries of the districts for the legislative body
shall be established and adjusted in accordance with Chapter 7
(commencing with Section 21600) of Division 21 of the Elections
Code.
(c) (1) Beforedrawinga draft map oJ'theproposedboundaries
oJ'the districts Jbr the legislative body, the legislative body shall
hold at least four public hearings where the public has the
opportunity to provide input. The hearings shall occur over the
course of at least 3 0 days.
(2) Afier the draft map qf the proposed boundaries of the
districts for the legislative body is drawn and published, the
legislative body, before adopting the final map of the proposed
boundaries, shall hold at least two public hearings in which the
public has the opportunity to provide input. The hearings shall
occur over the course of at least 30 days.
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(3) A calendar of the hearings required by paragraphs (1) and
(2) shall be prepared andpublished at least seven days before the
first hearing to allow citizens to plan their attendance.
(4) The hearings required by paragraphs (1) and (2) shall do
all of ihe.following:
(A) Be held in locations accessible to people with disabilities.
(B) To the greatest extent possible, be held in numerous
locations to maximize community participation.
(C) To the greatest extent possible, be held in locations
accessible by public transportation.
(D) To the greatest extent possible, be held on different days of
the week and at varying times to maximize community
participation.
(5) lf requested at least 24 hours before a hearing required by
paragraph (1) or (2), the legislative body shall provide
simultaneous translation ofthe hearing in any language that ineets
the requirements of subdivision (c) of Section 14201 of the
Elections Code in a precinct in the city.
(d) The legislative body oj'the city shall encourage public
participation in the drawing of the boundaries oj'the districisfor
the legislative body by doing all of thefollowing:
(1) Developing an outreach and education plan, and media and
social media strategy, in partnership with communi�y organizations
and individuals that advocate on beha�(of or provide services to,
non -English-speaking individuals and individuals with disabilities.
(2) For each hearing required by paragraph (1) or (2) of
subdivision (c), publicize at least onepublic service announcement
using a media outlet that serves English-speaking individuals for
purposes oj'infornung individuals ofthe boundary drawingprocess
and the upcoming hearing date.
(3) For each hearing required by paragraph (1) or (2) of
subdivision (c), publicize at least onepublic set -vice announcement
in each language that meets the requirements of subdivision (c)
of Section 14201 of the Elections Code in a precinct in the city
using a media outlet that serves speakers qf that language, f�r
purposes oj'inforining individuals ofthe boundary-drawingproccss
and the upcoming hearing date.
(4) publish an Internet Web site that explains the
boundaty-dravving process andits sianificance, that includes notice
of the hearings required byparagraphs (1) and (2) ofsubdivision
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(c), andthat explains howpublic testimony may besubmitted The
Internet Web site shall be available in each language that meets
the requirements of subdivision (c) of Section 14201 of the
Elections Code in a precinct in the city.
(5) Provide the meansfor the submission ofpublic testimony
by mail, by telephone, online, and in pet -son at the hearings
required by paragraphs (1) and (2) ofsubdivision (c).
(6) Any other outreach of publicity the legislative body
determines will encourage public participation in the drawing of'
the boundaries of the districtsfir the legislative body.
(e) The legislative body shall ensure all of thefollowing criteria
are satisfied in preparing the boundaries of the districts for the
legislative body:
(1) The boundaries are drawn to ensure fair and effective
representation of all city residents including racial, ethnic, and
language minorities.
(2) The boundaries conform to the requirements of the United
State Constitution and all applicablefederal and state laws.
(3) The boundaries respect communities of interest.
(4) The boundaries have substantially equal populations as
determined by the most recentfederal decennial census.
(5) The boundaries arc geographically compact and contiguous.
(6) The boundaries are drawn without regard to the advantage
or disadvantage ofincumbents, challengers, or any politicalparty.
(9 (1) Communications between any party and the legislative
body regarding the drawing qf the boundaries of the districtsfor
the legislative body shall he disclosedut thepublic andmaintained
by the city in a publicly available log.
(2) Communications related to the dissemination of the
procedural information about the drawing of the boundaries of
the districtsfor the legislative body, including, but not limited to,
communications regarding the time andplace of meetings or how
to submit public testimony, are exemptfi-om paragraph (1).
SEG. 2.
SEC. 3. If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
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I pursuant to Part 7 (commencing with Section 17500) of Division
2 4 of Title 2 of the Government Code.
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