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`iD��°°' April 23, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager " � �
FROM: Gary A. Sheatz, City Attorney�
REVIEW: City Manag � Financ�
1. SUBJECT
Resolution No. 11155 - A Resolution of the City Council of the City of Orange 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.
� 2. SUMMARY
This Resolution declares the City Council's intent to move from at-large elections to
district-based elections, provides direction for staff to retain a qualified demographer to
assist with creating district maps, and directs staff and the demographer to establish a
timeline and schedule for the adoption of a district based electoral system that complies
with the California Elections Code.
3. RECOMMENDED ACTION
Approve Resolution No. 11155.
4. FISCAL IMPACT
The total costs associated with the transition from at-large elections to district-based
elections is unknown at this time, however, staff estimates the costs could exceed several
hundred thousand dollars. A request for appropriation of funds will be presented to City
Council when the estimate becomes precise.
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Expend fiscal resources responsibly.
Goal 4: Provide outstanding public service
a. Obtain, implement, and evaluate public input into our services and programs.
ITEM� � 4/23/2019
6. DISCUSSION AND BACKGROUND
Since its inception, members of the Orange City Council have been elected in at-large
elections, a method in which each City Council member is elected by all the registered
voters of the entire City. While the City's at-large election system is clearly permissible
under state law and consistent with the California Constitution, and notwithstanding the
City's rich heritage of its Latino representation on the City Council, the California Voting
Rights Act of 2001 ("CVRA" or the "Act") expresses a preference for district-based
election systems.
The CVRA was enacted to afford a protected class the constitutional guarantees of equal
protection and the right to vote.. It allows members of a protected class to sue when,
because of the dilution of the rights of voters, an at-large election system impairs the
ability of a protected class to elect the candidate of its choice or influence the outcome of
an election. As such, the CVRA manifests a preference for a district-based electoral
system because violations under the Act can only be brought against jurisdictions that
use an at-large method of elections.
In recent years, numerous cities throughout California, including many in Orange 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. The defense of litigation under
the CVRA is extremely expensive even if a city were to prevail, and the successful
defense of one lawsuit does not prevent a different plaintiff from suing the city under the
CVRA in the future. Additionally, the CVRA mandates that prevailing plaintiffs are entitled
to recover their attorneys' fees and expenses, including expert witness fees, from a
defendant city. Even defendant cities that have settfed CVRA lawsuits in the early stages
of litigation are mandated to pay plaintiffs' attorneys'fees and expenses, which have been
substantial.
Adoption of the proposed resolution is the first step in the process of transitioning from an
at-large system to a by-district system. It demonstrates the City Council's intent to adopt
an ordinance that establishes a district-based election system for the election of city
councilmembers beginning with the November 2020 election. It also authorizes staff to
retain a demographer and other qualified consultants to assist with the creation of the
district maps, all in accordance with the provisions of state law. Once a qualified
demographer is hired, staff will return to City Council with an estimated time frame and
hearing schedule for the adoption of the ordinance establishing district-based elections.
Staff will also include a program for public outreach to facilitate and encourage public
participation.
7. ATTACHMENT
• Resolution No. 11155
ITEM 2 4/23/2019
RESOLUTION N0. 11155
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE 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 Orange,California("City")is a general law city,duly organized
under the Constitution and laws of the State of California; and
WHEREAS, the four members of the Orange 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, with the Mayor being separately elected by a11 registered voters of the entire City,
pursuant to California Government Code Sections 34871 and 34900 et seq.; and
WHEREAS, the California Voting Rights Act of 2001 (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 Orange 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,nuxnerous cities throughout California,including many in Orange 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 even if a
city were to prevail, and 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, California Governnient Code Section 34886 authorizes the legislative
body of a city to adopt an ordinance,without voter approval, to change its method of election
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
WI�REAS, the California Voting Rights Act manifests a preference for a district-
based electoral system; and
WHEREAS, nutnerous cities and special districts throughout the sta.te and in Orange
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,BE IT RESOLVED,by the City Council of the City of Orange
as follows:
1. The foregoing recitals are true and correct.
2. 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.
3. The City Council directs staff to retain 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.
4. In conjunction with the qualified demographer, City Staff shall propose an estimated
time frame and hearing schedule for the adoption of a district-based electoral system
in compliance with Elections Code section 10010.
5. The City Council directs staff to institute a program for public outreach and to inform
the residents of Orange of this resolution and the districting process, and to facilitate
and encourage public participation.
Reso.No. 11155 - 2 GAS
6. The timelines once established for the hearing schedule may be adjusted as deemed
necessary,provided that such adjustrnents sha11 not prevent the City from complying
with the time frames specified by Election Code Section 10010.
ADOPTED this day of ,2019
Mark A. Murphy, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
I,PAMELA COLEMAN,City Clerk of the City of Orange,California,do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the day of , 2019 by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
Reso.No. 11155 3 GAS