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Home My WebLink AboutReso 17-22 Declaring Its Intention to Transition From an At-Large Election System to a District-Based Election SystemReso. No. 17-22, Item 8.1, Adopted 02/15/2022 Page 1 of 3 RESOLUTION NO. 17 - 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DECLARING ITS INTENTION TO TRANSITION FROM AN AT-LARGE ELECTION SYSTEM TO A DISTRICT-BASED ELECTION SYSTEM WHEREAS, members of the City Council of the City of Dublin (“City”) are currently elected in “at-large” elections, in which each City Councilmember is elected by the reg istered voters of the entire City; and WHEREAS, California Government Code Section 34886 permits the legislative body of a city to adopt an ordinance to change its method of election from an “at-large” system to a “district- based” system in which each councilmember is elected only by the voters in the district in which the candidate resides; and WHEREAS, the City received a letter on January 4, 2022, from Kevin Shenkman of the law firm of Shenkman & Hughes, on behalf of Southwest Voter Registration Education Project and its unidentified members residing within Dublin, alleging that the City’s at-large councilmember 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 councilmembers; and WHEREAS, under Elections Code section 14028(a), a violation of the CVRA is established if it is shown that racially polarized voting occurs in elections. “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, subd. (e)); and WHEREAS, the City denies that its at-large councilmember electoral system violates the CVRA or any other provision of law, and asserts the City’s election system is legal in all respects and further denies any wrongdoing in connection with the manner in which it has conducted its City Council elections; and WHEREAS, under Elections Code section 10010, a prospective plaintiff can file a lawsuit if the City does not adopt a resolution of intent to transition to district-based elections within 45 days of receipt of a letter sent by certified mail a sserting that the City’s method of conducting elections may violate the CVRA; and WHEREAS, Elections Code section 10010 provides a method by which a city can expeditiously change from an at-large elections system to a district-based election system and avoid the high cost of litigation; and WHEREAS, under Elections Code section 10010, if the City adopts a resolution outlining its intention to transition from at-large to district-based elections, including specific steps it will undertake to facilitate this transition and an estimated timeframe for doing so, then a prospective plaintiff may not bring a CVRA lawsuit within 90 days after that resolution’s passage and attorneys’ fees would be capped at a maximum of $30,000; and Reso. No. 17-22, Item 8.1, Adopted 02/15/2022 Page 2 of 3 WHEREAS, prior to the City Council’s consideration of an ordinance to establish district boundaries for a district-based electoral system, Elections Code section 10010 requires all of the following: 1. Before drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts. Before these hearings, the City may conduct outreach to the public, including to non-English-speaking communities, to explain the districting process and to encourage public participation; 2. After all draft maps are drawn, the 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. The City shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is 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 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 days before being adopted; and WHEREAS, the City intends to retain an experienced demographer to assist the City to develop a proposal for a district-based electoral system. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin declares its intention to consider adoption of an ordinance to transition to a district-based election system beginning with the November 2024 regular municipal election, as authorized by Government Code section 34886. BE IT FURTHER RESOLVED that City Council authorizes and directs staff to work with a 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 CVRA and all other applicable laws. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to enter into an agreement with a demographer, and other appropriate consultants, in excess of $45,000 to carry out the intent of this Resolution. BE IT FURTHER RESOLVED that City Council directs staff to make every effort, prior to the commencement of the hearings required by law, to conduct outreach to the public, including to non-English speaking communities, to explain the districting process and to encourage public participation in the process for determining the composition of the districts and the sequence of district elections. BE IT FURTHER RESOLVED that the City Council hereby declares its intention to take the specific steps, and approves the estimated timeline for taking such steps, as set forth in Exhibit A, attached hereto and made a part hereof. The City Manager may adjust such timeline if she deems it necessary, provided that any such adjustments may not prevent adoption of an Reso. No. 17-22, Item 8.1, Adopted 02/15/2022 Page 3 of 3 ordinance in sufficient time for district-based elections to be used at the November 2024 regular municipal election. BE IT FURTHER RESOLVED that if any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Resolution, or any part hereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Resolution. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase in this Resolution irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this 15th day of February 2022, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _______________________________ City Clerk Reso. No. 17-22, Item 8.1, Adopted 02/15/2022 Page 1 of 1 Estimated Timeframe for Transitioning to District-Based Elections Date Event / Action January 4, 2022 City received letter asserting violations of CVRA February 15, 2022 City adopts resolution of intent to transition to district- based elections February - March 2022 City conducts public outreach to explain the districting process and to encourage public participation April 2022 City holds first and second public hearings (over a period of no more than 30 days) to obtain input regarding the composition of the districts May - June 2022 City prepares and posts draft maps and potential sequence of councilmember elections June - July 2022 City holds third and fourth public hearings (over a period of no more than 45 days) to obtain public input regarding content of the draft maps and potential sequence of councilmember elections August-September 2022 Introduction and adoption of ordinance establishing district-based elections and a final map