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07.01 District-Based Elections c�°F-°'� , `Y G�RP��TF;� • �,<`�� O k,�� Vl� 't� ��: :r�2 AGENDA ITEM 9y6'�:�,?;�141L s�:4e������ `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