HomeMy WebLinkAbout4.15 Transition to District-Based Councilmember ElectionsSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.15
DATE:May 17, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Transition to District-Based Councilmember Elections
Prepared by: Jordyn Bishop, Assistant City Attorney
EXECUTIVE SUMMARY:
On April 20, 2022, the City received a second notification threatening litigation under the California
Voting Rights Act. The City Council will consider adopting another resolution of intent to transition
from at-large elections to a district-based councilmember election system.As the City Council is aware,
the City has begun the process to transition to district-based councilmember elections, with hearings on
going and the process scheduled to be completed by September 2022.
STAFF RECOMMENDATION:
Adopt the Resolution Declaring Its Intention to Transition From an At-Large Election System to a
District-Based Election System.
FINANCIAL IMPACT:
If the City Council concurs with Staff’s recommendation, the City will incur no additional staff costs
beyond those associated with the Resolution adopted on February 15, 2022. Existing costs also include a
demographer to assist with drawing district maps and soliciting public input in order to draw district
maps. Additionally, the City may be required to reimburse a prospective plaintiff for its documented
attorney’s fees and costs, up to $30,000 (plus an annual adjustment for inflation).
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DESCRIPTION:
Background
The City of Dublin utilizes an at-large election system for electing its Mayor and Councilmembers. An
at-large election system means that all electors in the City elect each of the four Councilmembers and
Mayor. A district-based election system would be one in which the City would be physically divided
into separate districts, each represented by one Councilmember who resides in and is chosen by the
electors residing in that same district. Under such a system, the Mayor would continue to be elected by
the electorate of the entire City.
On April 20, 2022, the City received a letter, included as Attachment 1, from Rosel Trolan, on behalf of
Rosel Trolan, Jennifer Situ, and Vinil Chokshi, alleging a violation of the California Voting Rights Act
(CVRA) and threatening litigation. After discussing the letter in a closed session conference with legal
counsel, the City Council directed staff to move forward with drafting the attached Resolution declaring
intent to transition from at-large to district-based elections, for consideration at the May 17, 2022
meeting.
The California Voting Rights Act
The CVRA prohibits at-large election systems from impairing the ability of a protected class (members
of a race, color, or language minority group) to elect candidates of its choice or its ability to influence
the outcome of an election. Modeled after the Federal Voting Rights Act (FVRA) (42 U.S.C. § 1973),
the CVRA was specifically enacted in 2002 to make it easier for plaintiffs to prevail in lawsuits against
public entities that elected their members to its governing body through “at-large” elections.
To prove a violation of the CVRA, plaintiffs need only show the existence of racially polarized voting.
(Elec. Code §§ 14026(e), 14028(a).) Other factors are also relevant in determining liability. Plaintiffs
are not required to show that members of a protected class live in a geographically compact area or
prove intent to discriminate on the part of voters or officials. If a CVRA violation is found, the court has
authority to impose district-based elections and determine district boundaries with input from the
plaintiff’s attorney. (Elec. Code § 14029).
As a result, cities and other agencies throughout the State have increasingly been facing legal challenges
to their “at-large” systems of electing councilmembers or board members. Almost all have settled
claims out of court by agreeing to voluntarily shift to district-based elections. Locally, the City of
Pleasanton, the City of Livermore, the Dublin Unified School District, the Dublin San Ramon Services
District, and the Pleasanton Unified School District have all transitioned, or are in the midst of
transitioning to a district-based election system.
Significant financial costs are associated with litigating a challenge under the CVRA. The CVRA grants
a prevailing plaintiff the right to recover reasonable attorneysʼ fees and expert witness fees. This has
resulted in payment of large amounts of money in attorneys’ fees by cities that have chosen to litigate
the CVRA challenge. Conversely, a city prevailing against a CVRA challenge has no right to recover
either attorneysʼ fees or costs. Also, the city would remain vulnerable to subsequent litigation brought
under the CVRA by different plaintiffs.
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In recent cases brought under the CVRA, awards to prevailing plaintiffs have approached $5 million,
which does not capture other significant costs incurred during the course of litigation, such as citiesʼ
own attorneysʼfees and staff time.
Existing legislation (discussed in the next section) provides a “safe harbor” mechanism for an agency to
consider its options after receiving a CVRA litigation threat and take steps to convert to district-based
elections without fear of paying substantial attorneysʼ fees to the plaintiff.
Safe Harbor under Assembly Bill (AB) 350
Effective January 1, 2017, AB 350 (2016) amended Elections Code section 10010 and attempted to
provide a “safe harbor” for agencies facing CVRA litigation if they take immediate steps to transition to
district-based elections. If a city receives a demand letter from a “prospective plaintiff,” the city is
given 45 days of protection from litigation to assess its situation and determine a course of action. If
within that 45 days, a city adopts a resolution declaring intent to transition from at-large to district-based
elections, outlining specific steps to be undertaken to facilitate the transition, and estimating a timeframe
for action, then a potential plaintiff is prohibited from filing a CVRA action for a 90-day period from the
resolutionʼs passage.
The city and the prospective plaintiff may enter into a written agreement to extend that
90-day time period for up to an additional 90 days in order to provide additional time to conduct public
outreach, encourage public participation, and receive public input. The extension must be in writing and
must require the district boundaries be established at least six months before the next regular election.
Within 10 days of signing the extension agreement, the city must post a tentative public outreach/public
hearing schedule on its website. Thus, the “safe harbor” legislation provides a minimum of 135 days,
and up to 225 days upon mutual agreement, for a city to assess and implement a transition to a district-
based system before a lawsuit may be filed. Under AB 350, a city’s liability is capped at $30,000 (plus
an annual adjustment for inflation) if it follows this safe harbor process after receiving a threat, and the
plaintiff must show financial documentation that these costs were actually incurred.
Regardless of whether the city is transitioning on its own initiative, or under “safe harbor” in response to
a demand letter, the Elections Code sets out a number of steps a city must take in the effort to assess and
transition to a district-based election system, which are laid out in further detail below.
Transition from At-Large to District-Based Elections
Under Elections Code section 10010, a city is required to hold at least five public hearings during the
transition process. The first two public hearings will give the community an opportunity to provide
input on the composition of the districts before any maps are drawn. Subsequently, draft district maps
will be drawn and two additional public hearings will be held for the public to provide input regarding
the content of the draft maps and the proposed sequence of elections. The maps must be published at
least seven days before the public hearings. The fifth, and final, public hearing will be for the City
Council to consider an ordinance that establishes the district-based elections and approves the maps.
Most communities have taken a phased approach to implementing district-based elections. If district
elections are initiated by the city, the City Council may determine the potential sequence of the
elections. (Elec. Code § 10010(a)(2)). If a city is compelled to adopt district elections as a result of
litigation, district boundaries will be drawn by the presiding court with input from the plaintiff.
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In establishing a district-based election system, no councilmember’s term may be cut short (Gov. Code §
34873; Elec. Code § 21606(a)), but when their term ends, an incumbent can only run from the new
district in which he or she resides. The term of office for each councilmember remains four years. (Gov.
Code § 34879). In determining the final sequence of the district elections, the City Council must give
special consideration to the purposes of the CVRA. This may require that the election in a district with a
majority of voters of a protected class be scheduled in the presidential election year when voter turnout
is typically much higher than in the gubernatorial election year.
The district boundary maps must meet certain criteria. In particular, the districts must be roughly equal
in population, excluding incarcerated persons. (Elec. Code, § 21601, subd. (a).) The districts are further
subject to the following criteria in order of priority:
geographical contiguity
minimize the division of any local neighborhood or local community of interest
easily identified and understood by residents
geographical compactness (Elec. Code, § 21601, subd. (c).)
Process and Timeline
The proposed Resolution declares the City Council’s intent to consider adoption of an ordinance
establishing district-based elections beginning with the November 2024 regular municipal election,
consistent with the Resolution adopted on February 15, 2022. The specific steps already taken and still
to be undertaken to facilitate the transition and the estimated timeframes are set forth in Exhibit A to the
Resolution (Attachment 1), and presented below.Table 1: Tentative ScheduleDateMeeting TopicsTuesdayApril 19, 20227:00 p.m.Public Hearing 1 Overview of Process, Map Drawing Criteria, Communities of Interest, Mapping Tools; Community Feedback.ThursdayApril 28, 20226:00 p.m.Virtual Workshop Overview of Process, Parameters, Mapping Tools;Community Feedback.
WednesdayMay 4, 20226:00 p.m.In-Person Workshop Overview of Process, Parameters, Mapping Tools; Community Feedback.
TuesdayMay 17, 20227:00 p.m.Public Hearing 2 Map Drawing Criteria, Communities of Interest; Mapping Tools; Community Feedback.TuesdayJune 21, 20227:00 p.m.Public Hearing 3 NDC and Community Draft Maps; Community Feedback.
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TuesdayJuly 19, 20227:00 p.m.Public Hearing 4 NDC and Community Revised Maps; City Council Selects Finalist(s); Sequencing of District Elections.TuesdayAugust 16, 20227:00 p.m.Public Hearing 5 City Council Final Map Selection; Introduction of Ordinance.
TuesdaySeptember 6, 20227:00 p.m.City Council Consent Calendar Second Reading of Ordinance.
The candidate nomination period for the November 8, 2022 regular municipal election opens on
Monday, July 18, 2022. The County Registrar of Voters administrative deadline for final district maps
was May 12, 2022. As a result, staff recommends that the City Council adopt the proposed Resolution
declaring intent to transition to district-based elections beginning with the 2024 election, outlining
specific steps to be undertaken to facilitate this transition, and establishing the estimated timeframe for
doing so.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Declaring Its Intention to Transition from an At-Large Election System to a District-
Based Election System
2) Demand Letter from Rosel Trolan
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 4
RESOLUTION NO. XX – 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 registered 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 April 20, 2022, from Rosel Trolan, on behalf of Rosel
Trolan, Jennifer Situ and Vinil Chokshi, electors who reside in Dublin, alleging that the City is in possible
violation of the California Voting Rights Act (“CVRA”) and threatening litigation; 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 asserting 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
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:
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 4
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 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 ordinance in sufficient
time for district-based elections to be used at the November 2024 regular municipal election.
BE IT FURTHER RESOLVED that the City Council reaffirms the direction and authorizations
given in Resolution No. 17-22.
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.
{Signatures on following page}
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 4
PASSED, APPROVED AND ADOPTED this 17th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
5102960.3
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 4
Exhibit A
Estimated Timeframe for Transitioning to District-Based Elections
Date Meeting TopicsTuesdayApril 19, 20227:00 p.m.Public Hearing 1 Overview of Process, Map Drawing Criteria, Communities of Interest, Mapping Tools; Community Feedback.ThursdayApril 28, 20226:00 p.m.Virtual Workshop Overview of Process, Parameters, Mapping Tools; Community Feedback.
WednesdayMay 4, 20226:00 p.m.In-Person Workshop Overview of Process, Parameters, Mapping Tools; Community Feedback.
TuesdayMay 17, 20227:00 p.m.Public Hearing 2 Map Drawing Criteria, Communities of Interest; Mapping Tools; Community Feedback.TuesdayJune 21, 20227:00 p.m.Public Hearing 3 NDC and Community Draft Maps; Community Feedback.
TuesdayJuly 19, 20227:00 p.m.Public Hearing 4 NDC and Community Revised Maps; City Council Selects Finalist(s); Sequencing of District Elections.TuesdayAugust 16, 20227:00 p.m.Public Hearing 5 City Council Final Map Selection; Introduction of Ordinance.
TuesdaySeptember 6, 20227:00 p.m.City Council Consent Calendar Second Reading of Ordinance.
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Attachment 2
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