CC Resolution 12402RESOLUTION NO. 12402
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
DECLARING ITS INTENTION TO TRANSITION FROM AT -LARGE TO DISTRICT -
BASED ELECTIONS FOR CITY COUNCIL PURSUANT TO ELECTIONS CODE
SECTION 10010(E)(3)(A), EFFECTIVE FOR THE NOVEMBER 2020 GENERAL
MUNICIPAL ELECTION
WHEREAS, the City of Campbell, is a municipal corporation and general
law city duly organized and existing under and pursuant to the Constitution and
laws of the State of California ("City"); and
WHEREAS, members of the City Council of the City of Campbell ("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 authorizes 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 council member
is elected only by the voters in the district in which the candidate resides; and
WHEREAS, on December 3, 2018 the City Clerk received by certified mail a
letter from attorney Kevin I. Shenkman asserting that the City's at -large election
system violates the California Voting Rights Act of 2001 (Elections Code §§14025-
14032) ("CVRA") and threatening to sue the City unless the City transitions to a
district -based election system for its city council; and
WHEREAS, a violation of the CVRA is established if it can . be proven that
"racially polarized voting" occurs in the City's at -large election system. 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", an in the
choice of candidates or other electoral choices that are preferred by voters in the rest .
of the electorate (Elections Code §14026(e)); and
WHEREAS, the City Council has been advised that defending a lawsuit filed
pursuant to the CVRA will require the City to incur legal fees and costs potentially
in the hundreds of thousands of dollars for the City's own defense, and additional
liability of potentially hundreds of thousands of dollars in legal fees and costs
payable to the prevailing plaintiffs if the City is unsuccessful; and
WHEREAS, if the City elects to transition to a district -based election system
within the timeframe established in Elections Code section 10010, then the City is
protected from the filing of a CVRA lawsuit with its incumbent costs, and its liability to
the potential plaintiffs for legal fees will be capped at prescribed by Government Code
10010 (3); and
WHEREAS, the City Council finds that it is in the best interests of the City to
act within the safe -harbor timeframe provided by Elections Code Section 10010
to transition from an at -large election system to a district -based election system for
electing the mayor and city councilmembers; and
WHEREAS, prior to the City Council's consideration of an ordinance to
establish district boundaries for a district -based electoral system, California Elections
Code Section 10010 requires all of the following:
1. 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, 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. The City Council shall also hold at least two (2) additional
hearings over a period of no more than forty-five (45) 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.
The first version of a draft map shall be published at least seven (7)
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 (7) days before being adopted; and
WHEREAS, the City will retain an experienced demographer to assist the City
to develop a proposal for a district -based electoral system; and
WHEREAS, the adoption of a district -based electoral system will not affect the
term of any sitting Council Member, each of whom will serve out his or her current
term;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Campbell as follows:
1. The City Council hereby outlines its intent to transition to a district -based
election system as authorized by Government Code Section 34886 for
use in the City's General Municipal Election for City Council Members
beginning in November 2020.
2. The City Council directs staff to engage 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 California Voting Rights Act
and the Federal Voting Rights Act.
3. The City Council approves the tentative timeline set forth in Exhibit A,
attached to and made a part of this resolution, for conducting a public
process to solicit public input on proposed district -based electoral maps
before adopting any such map.
4. The City Council directs staff to institute a program for public outreach and
to inform the residents of Campbell of this resolution and the process set
forth in Exhibit A, and to facilitate and encourage public participation.
5. The timeline contained in Exhibit A may be adjusted as deemed necessary,
provided that such adjustments shall not prevent the City from complying
with the time frames by Election Code Section 10010.
PASSED AND ADOPTED this 15T" day of January, 2019 by the following roll call vote:
AYES: Councilmembers: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: Councilmembers: None
APPROVED:
I]- ( ZE
R chard M. Waterman, Mayor
ATTEST:
Wend ood, City Clerk