HomeMy WebLinkAboutCC RESO 2021-201 Transition from At-Large Elections to District-Based ElectionsRESOLUTION NO. 2021 -201
RESOLUTION TIO OF THE CITY COUNCIL OF THE CITY of NATIONAL CITY,
CALIFORNIA, DECLARING ING ITS INTENT TO TRANSITION FROM AT -LARGE
ELECTIONS FOR CITY COUNCIL TO DISTRICT -BASED ELECTIONS FOR CITY
COUNCIL PURSUANT S AI T TO ELECTIONS CODE SECTION 10010
WHEREAS, S, the Mayor and four members bers of the City Council of the City of National
City ("City") are currently elected in "at -large" elections, in which the Mayor and each City
Councilmember are elected by the registered voters of the entire City; and
WHEREAS, Government Code section 34886, in certain circumstances,
authorizes the legislative body of a city of any population to adopt an ordinance to change
its method of election from an "at -large" system to a "by -district" system in which each
Councilmember is elected only by the voters in the district in which the Councilmember
resides; and
WHEREAS, the City received a letter dated November 8, 2021 from Audie J. de
Castro, Esq. containing unsubstantiated allegations that the City's at -large electoral
system revents members of National City's Filipino API community from electing their
preferred candidate and violates the California Voting Rights Act ("CVRA") and
threatening litigation if the City declined to adopt a district -based electoral system; and
WHEREAS, despite Mr. de Castro's claims, the City has a history of inclusionary
voting and supports the rights of all members of the National City community, including
minority community members to elect the candidate of their choice; and
WHEREAS, the City denies that it's at -large election system violates the CVRA or
any other provision of law and asserts that National City's election system is legal in all
respects and further denies any wrongdoing whatsoever in connection with the manner
in which it has conducted its Mayoral and City Council elections; and
WHEREAS, S, even with the City's in lusionarry voting and election record, the City
Attorney has advised that, given the CVRA's elimination of two elements of the U.S
Supreme Court's requirements to establish a federal Voting Rights Act challenge under
Thornburgv. tingles(1986)4 U.S. 3 , a CIA challenge is more easily made on the
basis of an argument that "racially polarized voting" exists based solely on past voting
records, regardless of whether racial minorities have successfully elected preferred
candidates in the past under an at -large electoral system nor whether there is any history
of racial discrimination in the electoral system based on the totality of the circumstances;
and
WHEREAS, the cost of defending a challenge under the CVRA can exceed several
hundred thousand dollars, no City has ever prevailed to date in defending a CVRA lawsuit
challenging at -large electoral systems, and the risk of losing such a challenge includes
the possible award of attorneys' fees to the plaintiffs by a court; and
Resolution No. 2021 —VI
Page Two
WHEREAS, the City may voluntarily begin the transition process to district -based
elections under the AB 350 "safe harbor" provisions in which any attorneys' fees, if owed,
are capped at $30,000; and
WHEREAS, E S, although the demand letter cited above lacked any evidence of
racially polarized voting, the City Council has concluded, with the advice of the City
Attorney, that the public interest would be better served by considering a transition to a
district -based electoral system pursuant to the "safe harbor provisions of Elections Code
section 10010 because of 1 the extraordinary cost to defend against a CVRA lawsuit,
(2) the risk of losing such a lawsuit could result in a court order for the City to pay plaintiff's
attorney's fees, and 3 reimbursable costs and plaintiff's attorneys' fees, if owed, are
capped at a maximum of $30000 under the "safe harbor" provisions; and
WHEREAS, prior to the City Council's consideration of an ordinance to establish
boundaries for a district -based electoral system, Elections Code Section 10010 requires
all of the following:
I Prior to drawing a draft map or maps of the proposed boundaries of the
districts, the City shall hold at least two 2 Public Hearings over a period of
no more than thirty (30) days, at which the public will be invited to provide
input regarding the composition of the districts.
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 shall also be published.
3 The City Council shall also hold at least two 2 additional Public Hearings
over a period of no more than forty-five days, at which the public shall
be invited to provide input regarding the content of the draft map or maps
and the proposed sequence of elections, if applicable.
4) The first version of a draft map shall be published at least seven 7 days
before consideration at a Public Hearing. If a draft map is revised at or
following a Public Hearing, it shall be published and made available to the
public at least seven days before being adopted.
WHEREAS, S, the City will be utilizing the services of a professional demographer to
assist the City to develop a proposal for a district -based electoral system; and
Resolution Na. 2021 —2oI
Page Three
WHEREAS, the City Council willan extension of the 90-day window under
.
"safe maximi blic ng m nt in the reap drawing process;
�harbor"provisions top
and
district -based electoral system will not affect the
WHEREAS, the adoption of,
Mayor Mn office at the time of the adoption of an
termsof anysittingCouncilmember or
• of whom will serve out his or
ordinanceinstituting district -based voting system, each
her current term.
NOW, THEREFORE, THE cm( COUNCIL OF THE CITY F NATIONAL CITY,
CALIFORNIA,DOES RESOLVE, DECLARE,
FOLLOWS:
Section Resolves
consider adoption of an ordinance to transition to
authorizedGovernment CodeSection 3for use
district -based electoral systemby
in the City's �General Municipal Election beginninin November 2022 for Members of the
City Council,
�tSectionw Directs the City Clerk, CityManager, and City Attorney toworkwitha �
appropriate consultants needed, tofurther
professional demographer, and other �p
of National Cityand the feasibilityof
investigate the history of voting in the City
analysis of National city current
iti nice todistricts, toprovidea detailed y
tans draft mapthat
andanyother information or data necessary toprepare
demographics � theintent and
votingdistricts in manner consistent with
divides National city into
purpose
of the CVRA and the Federal Voting Rights Act
Section3:timelinefor conductingpublic process to
Directs staff to finalize
proposed district -based electoral mapsbefore
solicit public input and testimony on
adopting any such map.
Est information regardingthe proposed
Section Directs the City Clerkto�•
electoral system on the City's website includingmaps,
transition todistrict-based
notices, agendas and other information.
Section The City Clerk shall passage the and adoption of this
Resolutionand enter it into the book of original Resolutions.
III
Resolution No. 2021 —201
Page Four
PASS
ED and ADOPTED this 21st day of D cem -, r2021.
S
Alejandra Sotelo-' •Ii , Mayor
ATTEST:
Luz MoliO City Clerk
APPROVED AS TO FORM:
f
Charles E. Bell Jr., Cityorney
Passed and adopted by the City Council of the City of National City, California, on
DecemberDecember1,by
0 1 the following vote, to -wit:
Ayes: Sot l -Solis, Bush, Morrison, Rios, Rodriguez
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
BY:
Luz Molina
City
r of the City of National City, California
Shelley C apef, M
Deputy ( ity Clerk