HomeMy WebLinkAbout75B - PH - WARD REBOUNDARYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 1, 2018
TITLE:
PUBLIC HEARING: ADOPT A RESOLUTION
DECLARING INTENT TO CHANGE THE WARD
BOUNDARIES; HOLD PUBLIC HEARINGS 1
AND 2 ON MAY 1, 2018 AND MAY 3, 2018
RESPECTIVELY; AND ADOPT RESOLUTION
DECLARING INTENT TO PLACE A CHARTER
AMENDMENT FOR VOTER CONSIDERATION
REGARDING BY -WARD ELECTIONS
(STRATEGIC PLAN NO. 5, 1)
RECOMMENDED ACTIONS:
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 18' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution declaring the City's intention to place a Charter Amendment for voter
consideration on the November 6, 2018 General Municipal Election to change from at -
large to By -Ward Elections for councilmembers.
2. Adopt a resolution declaring the City's intention to consider changes to boundary lines of
Wards and fixing the time and place of said Hearings to be held on May 1, May 3, May
15, May 19 and June 5, 2018.
3. Open and Close the first Public Hearing that will explain the re -boundary process, review
the criteria used to modify Ward boundaries, and allow residents to submit their ideas for
potential "communities of interest" to consider in the new boundaries.
4. Adjourn the matter to May 3, 2018 at 5:00 in the Council Chamber to hold the second
Public Hearing on Ward Re -Boundary process.
DISCUSSION
By certified letter received on March 14, 2018, the Asian -Americans Advancing Justice advised
the City that it believes the City's current at -large method of electing City Councilmembers
violates the California Voting Rights Act ("CVRA").
On April, 17, 2018, staff received Council direction to prepare the necessary resolutions to
place a Charter amendment before the voters at the November 6, 2018 General Municipal
Election to transition from at -large to By -Ward Election of Santa Ana City Councilmembers.
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Public Hearing: Ward Re -Boundary
May 1, 2018
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Staff is recommending that the City Council adopt the attached Resolution of Intention to
transition from at -large to By -Ward Elections in accordance with California Election Code
10010(e)(3)(A), which limits a local agency's exposure to attorney's fees for alleged CVRA
violations. Resolution approval requires a majority vote, Exhibit 1.
The Resolution of Intention to modify the Ward Boundaries is also attached hereto, Exhibit 2.
The City's Charter requires that a resolution be approved and published in a paper of general
circulation prior to adoption of Ward Boundaries and be adopted by a majority vote.
The Public Hearings scheduled on May 1, May 3, May 15, and May 19, 2018 are required
pursuant to Elections Code Section 10010. Staff has scheduled two Hearings to receive input
from the community about their ideas for potential "communities of interest" and to provide
criteria for mapping of new Ward boundaries. The culmination of these two Hearings will result
in the development of proposed new Ward map(s) for consideration at the subsequent
Hearings scheduled on May 15 and May 19. The Hearing on June 5, 2018 will be for the City
Council to consider adoption of ordinance setting new Ward boundaries. A timeline of events
is attached as reference in Exhibit 3. The City Charter requires new Ward Boundary Map to
be approved by a 2/3 affirmative vote and at least 120 days before an election, which is July
5, 2018.
Staff has hired the firm of Redistricting Partners to assist the City in conducting the public
outreach effort and preparing the maps for consideration that will comply with the Federal and
California law, including, but not limited to, the CVRA. Also, the firm ESRI will provide a web -
based platform for residents to review proposed maps and engage the community throughout
the process.
Background
The City of Santa Ana received a certified letter on March 14, 2018 from Asian Americans
Advancing Justice threatening litigation under the CVRA if the City does not change to By -
Ward Elections. The letter asserts that the City's current practice of nominating by Ward and
electing at -large dilutes the ability of Asians (a protected class) to elect candidates of their
choice or otherwise influence the outcome of Santa Ana's council elections. Below is
information about the California Voting Rights Act (CVRA) and the provisions in the City
Charter as related.
The CVRA was signed into law in 2002. The CVRA prohibits an at -large method of election
that impairs the ability of a protected class to elect candidates of its choice or its ability to
influence the outcome of an election. The law's intent is to expand protections against vote
dilution over those provided by the Federal Voting Rights Act of 1965 (FVRA). The law was
also motivated, in part, by the lack of success by plaintiffs in California in lawsuits challenging
at -large electoral systems brought under the FVRA. The passage of the CVRA made it much
easier for plaintiffs to prevail in lawsuits against public entities that elected their members to its
governing body through "at -large" elections. A plaintiff need only prove the existence of "racially
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Public Hearing: Ward Re -Boundary
May 1, 2018
Page 3
polarized voting" to establish liability under the CVRA. Proof of intent on the part of voters or
elected officials to discriminate against a protected class is not required.
California Voter Rights Act Reform (AB 350), a "Safe Harbor"
On September 28, 2016, the Governor signed AB 350 into law, codified as Elections Code
section 10010 (effective on January 1, 2017). The legislation attempts to provide a "safe
harbor" from CVRA litigation for cities. If a city receives a demand letter, such as in Santa Ana's
case, the city is given 45 days of protection from litigation to assess its situation.
If within that 45 days, a city adopts a resolution declaring the Council's intent to transition from
at -large to By -Ward Elections, outlining specific steps to be undertaken to facilitate the
transition, and estimating a time frame for action, then a potential plaintiff is prohibited from
filing a CVRA action for an additional 90 day period. Thus, the legislation provides time for the
City to assess and implement a transition to a By -Ward Election system before a lawsuit may
be filed. The legislation sets forth a number of steps a city must take in the effort to assess and
transition to a Ward based election system, including four (4) public hearings. Under AB 350,
a city's liability is capped at $30,000 if it follows this process after receiving a threat, and the
plaintiff must show financial documentation that these costs were actually incurred. While AB
350 contemplates that a city will transition to by -district (Ward) elections by way of an
ordinance, Santa Ana must make that transition via an amendment to the City Charter, which
can only be accomplished by a vote of the electors of the City.
With respect to the re -boundary process, the City Charter provides that census data be
analyzed to account for shifts and changes in the population. According to the 2010 Census,
Santa Ana's population was 324,528, a decrease of more than 13,400 residents from the 2000
Census. The population shifts within each Ward were significant enough that required new
boundary lines to be redrawn. The City Council approved the existing Ward Map boundaries
in January of 2012, Exhibit 4 and 5.
This proposed re -boundary process is categorically exempt from the California Environmental
Quality Act ("CEQA") pursuant to Section 15320 — Class 20 (Changes in Organization of Local
Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since
it involves a proposed reorganization of the City Council Wards and does not change the
geographical area in which previously existing powers are exercised.
What is Re -boundary and why do it?
Re -boundary is the redrawing or adjusting of Ward lines to ensure that legislative
representation is fair and balanced. It is done every ten years, after the census data is
compiled, to account for population shifts and growth over the last decade. The purpose is to
bring Wards back into compliance with equal population representation. The number of Wards
in the City are to remain the same.
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Public Hearing: Ward Re -Boundary
May 1, 2018
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Re -boundary Standards
When deciding upon a proposed map, the City Council must keep in mind certain standards in
order to comply with the law. The following are mandatory for any proposed map:
The Wards must be as nearly equal in population as may be (Elections Code § 21601).
Exact equality of population is not required for the Wards, but they should strive to create
Wards that have a total population deviation of no more than 10% between their most
heavily populated Ward and the least populated Wards. Gaffney v. Cummings, 412 U.S.
772 (1973).
Current Councilmembers shall not lose their current seat or allow a term limit reset for
members that have served three consecutive terms of four -years each.
The City Council may also rely upon the following "traditional' re -boundary factors when
deciding upon a map:
• Cohesiveness, continuity, integrity, and compactness of territory (Elections Code §
21601)
Community of interest (Elections Code § 21601)
• Finally, the following are additional criteria which are also acceptable to consider:
• Traditional boundaries
• Preservation of core of prior Wards
Race may be a factor considered in establishing the districts, but it may not be the
predominant motivating factor in creating the districts. Miller v. Johnson, 515 U. S.
900, 916 (1995). Race is a predominant factor if the legislature "subordinate[s]"
other factors—compactness, respect for political subdivisions, partisan advantage,
what have you—to "racial considerations." Id.
Santa Ana, like most communities have taken a phased approach to implementing Ward -
based elections.
The City Council encourages the community to be engaged in the process. Comments may
be sent to Ecomments@santa-ana.org prior to each hearing to be considered during the
deliberation process.
STRATEGIC PLAN
Approval of this item allows us to meet Goal #5. Community Health, Livability, Engagement &
Sustainability, Priority #1, Establish a comprehensive community engagement initiative to
expand access to information and create opportunities for stakeholders to play an active role
in discussing public policy and setting priorities.
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Public Hearing: Ward Re -Boundary
May 1, 2018
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FISCAL IMPACT
There is no fiscal impact associated with this action. The contract to conduct outreach and
development of Ward maps with Redistricting Partners is under $25,000 and for web -based
mapping with ESRI is $4,500; both under the contractual authority of the City Manager and
have been executed accordingly using City Attorney Contractual Obligations funds. Election
cost to place Charter Amendment on the November 6, 2018 General Municipal Election will
be included in the Fiscal Year 2018-19 City Budget.
Maria D. Huizar
Clerk of the Council
Exhibits:
1. Resolution Declaring Intention to change from At -Large to Ward -Based Election
2. Resolution Declaring Intention to change Ward boundaries
3. Timeline: Ward Re -boundary Process
4. Current Ward Boundary Map
5. Charter Provisions
6. Elections Code Provisions
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RESOLUTION NO. 2018 -XXX
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA, CALIFORNIA,
DECLARING ITS INTENT TO PLACE A
CHARTER AMENDMENT FOR VOTER
CONSIDERATION ON THE NOVEMBER 6, 2018
GENERAL MUNICIPAL ELECTION BALLOT TO
TRANSITION FROM AT -LARGE TO BY -WARD
COUNCILMEMBER ELECTIONS PURSUANT
TO CALIFORNIA ELECTION CODE SECTION
10010(e)(3)(A)
WHEREAS, pursuant to Section 400 of the Santa Ana City Charter, members of
the City Council of the City of Santa Ana ("City") are currently elected in "at -large"
elections, in which each City Councilmember is nominated by electors of each Ward,
but elected by the electors of the entire City; and
WHEREAS, the City Council has determined that it is in the best interests of the
City and in the furtherance of the purposes of the California Voting Rights Act ("CVRA")
to transition from at -large to by -ward elections; such transition, however, requires an
amendment to Section 400 of the City Charter, which amendment may only be
accomplished by a voter of the electors of the City, as provided by Section 1500 of the
City Charter; and
WHEREAS, the City retained an experienced demographer and consultant to
assist the City to develop proposed ward re -boundary maps for consideration which are
consistent with the requirements of Federal and State law, including, but not limited to
the CVRA; and
WHEREAS, the establishment of new ward boundaries with be done in
accordance with the public hearing requirements set forth in Election Code Section
10010; and
WHEREAS, the adoption of new ward boundaries will not affect the terms of any
sitting Council Member, each of whom will be entitled to complete his or her current
term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
RESOLVES AS FOLLOWS:
SECTION 1. The City Council hereby resolves to consider adoption of
resolutions placing a proposed Charter Amendment on the 2018 General Municipal
Election on November 6, 2018, to transition from at -large to by -ward election system..
Resolution No. 2018 -XXX
Page 1 of 3
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SECTION 2. The City Council directs staff to work with the City's special legal
counsel and 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 ward -re -boundary maps for City Council consideration that divide
the City into voting wards in a manner consistent with Federal and State law, Including
but not limited to the CVRA, and the City Charter.
SECTION 3. The City Council hereby approves the tentative timeline as set forth
in Exhibit A, attached to and made a part of this resolution, for conducting public
hearings in accordance with Election Code Section 10010 in order to solicit public input
and testimony on proposed ward -re -boundary maps before adopting any such map.
SECTION 4. The City Council directs staff to establish a means of
communication to answer questions from the public regarding the proposed transition
from an at -large to a by -ward election system, including maps, notices, agendas and
other related information.
SECTION 5. Effect. This Resolution shall take effect immediately upon its
adoption by a majority of the City Council, and the Clerk of the Council shall attest to
and certify the vote adopting this Resolution,
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Santa Ana this day of 2018 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Resolution No. 2018 -XXX
Page 2 of 3
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ATTEST AND CERTIFY:
Maria D. Huizar,
Clerk of the Council
APPROVED AS TO FORM:
B r:
Sonia R. Carvalho,
City Attorney
CITY OF SANTA ANA
Miguel A. Pulido
Mayor
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Resolution No. 2018 -XXX
Page 3 of 3
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RESOLUTION NO. 2018 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, DECLARING ITS INTENTION TO CONSIDER
CHANGES TO BOUNDARY LINES OF WARDS, AND
FIXING THE TIME AND PLACE OF SAID HEARINGS
THEREON
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS: FOLLOWS:
1. That the City Council hereby declares its intention to consider making changes to
the existing Ward boundary lines.
2. That the City Council has set Public Hearing dates and locations in which any
person having an interest in, objection to, or suggestion regarding the making of
changes in Ward boundary lines may appear before the City Council and be
heard thereon.
3. That the Clerk of the Council is directed to give notice of said hearing by
publishing this Resolution once a week for two weeks In a newspaper of general
circulation in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
RESOLVES AS FOLLOWS:
SECTION 1. The City Council hereby resolves to consider adoption of said
resolution as required in the City of Santa Ana Charter and set dates of Public Hearings
to consider input from the community. Official Public Hearing dates have been
scheduled for May 1, 2018 at 5:45 p.m., May 3, 2018 at 5 p.m., May 15, 2018 at 5:45
p.m., May 19, 2018 at 11:30 a.m. and June 5, 2018 at 5:45 p.m. The first two (2) Public
Hearings will seek input regarding posible modifications to the Ward boundaries before
any proposed Ward maps are drawn. The next two (2) Public Hearings will seek input
regarding the content of the draft map(s), the proposed sequence of elections, following
which the City Council will consider the introduction and first Reading of an Ordinance
establishing the new Ward boundaries. The final Public Hearing set for June 5, 2018
will be for the City Council to consider final adoption of such Ordinance.
SECTION 2. The City Council directs staff to work with the City's special legal
counsel, 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 ward -re -boundary maps that divides the City into voting wards in a
manner consistent with Federal and State law, including, but not limited to the California
Voting Rights Act, and the City Charter.
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SECTION 4. The City Council directs staff to establish a means of
communication to answer questions from the public regarding hearings dates and every
effort possible to translate material and notices in multiple langauges, including
Spanish, Vietnamese, Chinese and Korean.
SECTION 5. Effect. This Resolution shall take effect immediately upon its
adoption by a majority of the City Council, and the Clerk of the Council shall attest to .
and certify the vote adopting this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Santa Ana this day of , 2018 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
ATTEST:
Maria D. Huizar,
Clerk of the Council
APPROVED AS TO FORM:
By.
Sonia ttt . Carvalho,
Ciry Aorney
CITY OF SANTA ANA
Miguel A. Pulido
Mayor
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EXHIBIT 3
CALENDAR OF EVENTS
WARD -RE -BOUNDARY PROCESS
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DESCRIPTIONDATE OF ACTION
Mar -6
City Council directs staff to move forward with Ward Re -Boundary
Process.
Apr -17
City Council confirms moving forward with reboundary process.
PUBLIC HEARING #1
• Adopt Resolution of Intent to consider Ward Re -Boundary Maps.
Before Maps Drawn must hold two (2) public hearings to seek input
May -1
regarding the process of the districts — explain the process and
encourage participation.
• Adopt Resolution of Intent to change from at -large to by -Ward
election.
• Adjourn Agenda Item to May 3rd (Public Hearing #2).
• PUBLIC HEARING #2 - Adjourned City Council Meeting at 5
May -3
p.m. Before Maps Drawn must hold two (2) public hearings to seek
input regarding the process of the districts — explain the process
and encourage participation.
PUBLIC HEARING #3 — (review proposed map(s) and approval)
• Review Proposed Maps as published. If any changes, will need to
May -15
republish (NOTE: requires 7 days of publication prior to Hearing and
adoption)
• Adjourn to May 19th for Hearing #4.
PUBLIC HEARING #4 — Adjourned City Council Meeting to
Saturday, May 19th at 11:30 a.m. (map proposed map(s) and
approval cont.)
May -19
• Review Proposed Maps as published and considered at May 15th
Meeting. If any changes, will need to republish (NOTE: requires 7
days of publication prior to Hearing and adoption)
• Approve first reading of Ordinance and authorize publication of
Ordinance (Requires five affirmative votes.)
Jun -5
PUBLIC HEARING #5 - Adoption (2nd reading) of Ordinance
establishing New Ward Boundaries.
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Jul -5
Effective Date of Ordinance establishing New Boundary Wards
(MUST be adopted before 120 days per Charter).
JulA6
thru
Candidate Nomination Period (Candidates MUST live within new
Aug. -10
Ward Re -Boundary limits at least 30 days prior to pulling papers).
Nov. -6
ELECTION DAY
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EXHIBIT 4
WARD MAP
APPROVED JANUARY, 2012
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EXHIBIT 5
SANTA ANA CHARTER PROVISIONS
Sec. 101.1. -Wards of the city.
Prior to the general election in 1988 the City Council shall divide the City into six
(6) wards by ordinance according to the following formula:
Each of the wards is to be as nearly equal in population as possible. The wards
shall be composed of contiguous and compact territory and bounded by natural
boundaries of street lines wherever possible. Any territory hereafter annexed to
or consolidated with the City shall become a part of the ward to which it is most
contiguous, pending any redistricting necessary to promote equality of population
among the wards.
(Prop. of 4-9-57, approved on 4-16-57; Prop. of 2-4-63, approved on 4-2-63; Res.
No. 63-027; Ord. No. NS -1316, 8-24-76, approved at election 11-2-76; Ord. No.
NS -1521, 3-17-80, approved at election 6-3-80; Ord. No. NS -1864, 8-19-86,
approved at election 11-4-86)
Sec. 101.2. - Wards, boundary changes.
Ward boundaries shall not be altered except as reasonably necessary to promote
greater equality of population among the wards when such necessity is shown by the
most recent federal decennial census, or by more current census data certified by the
City Council as sufficiently reliable and detailed to serve as a basis for ward boundary
alteration, or by annexation or consolidation of territory. Such boundary alteration shall
be made only by ordinance adopted by affirmative vote of at least two-thirds ( 213 )
of the full membership of the City Council in accordance with section 101.4. Any
such ordinance adopted within one hundred twenty (120) days immediately preceding
any election of council members shall not become effective until the day following such
election.
(Prop. of 4-9-57, approved on 4-16-57; Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-
027; Ord. No. NS -1316, 8-24-76, approved at election 11-2-76)
Sec. 101.4. - Same—Notice and public hearing.
Before making any change, modification or realignment of ward boundaries or
numbers of wards, the City Council shall pass a resolution declaring its intention to make
such changes. Such resolution shall set forth a convenient day, hour and place when and
where any persons having any interest therein, or any objection to the making thereof,
may appear before the City Council and be heard thereon. The City Council shall direct
the Clerk of the Council to give notice by publishing said resolution once a week
for two (2) weeks in the official newspaper prior to the date set for hearing. Said
hearing in the event of increasing the number of wards shall be held not less than
sixty (60) days prior to the succeeding general municipal election. In any event, not
less than thirty (30) days prior to the general municipal election, publication shall
be made by map diagram in the official newspapershowing the new boundary lines
of each and every ward.
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EXHIBIT 6
CALIFORNIA ELECTION CODE
10010 Requirements:
DIVISION 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED
ELECTIONS 1`10000 -107351
( Division 10 enacted by Stats. 1994, Ch. 920, Sec. 2. )
PART 1. GENERAL PROVISIONS (10000 - 100101
( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
CHAPTER 2. District Boundaries 1`10010- 10010.1
( Chapter 2 added by Stats. 2014, Ch. 873, Sec. 1. )
10010.
(a) A political subdivision that changes from an at -large method of election to a
district -based election, or that establishes district -based elections, shall do all of the
following before a public hearing at which the governing body of the political
subdivision votes to approve or defeat an ordinance establishing district -based
elections:
(1) Before drawing a draft map or maps of the proposed boundaries of the
districts, the political subdivision 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 political
subdivision 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 political subdivision shall publish and
make available for release at least one draft map and, if members of the
governing body of the political subdivision will be elected in their districts at
different times to provide for staggered terms of office, the potential sequence of
the elections. The political subdivision 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.
(b) In determining the final sequence of the district elections conducted in a political
subdivision in which members of the governing body will be elected at different times to
provide for staggered terms of office, the governing body shall give special
consideration to the purposes of the California Voting Rights Act of 2001, and it shall
take into account the preferences expressed by members of the districts.
(c) This section applies to, but is not limited to, a proposal that is required due to a
court -imposed change from an at -large method of election to a district -based election.
(d) For purposes of this section, the following terms have the following meanings:
(1) "At -large method of election" has the same meaning as set forth in
subdivision (a) of Section 14026.
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(2) "District -based election" has the same meaning as set forth in subdivision
(b) of Section 14026.
(3) "Political subdivision" has the same meaning as set forth in subdivision (c)
of Section 14026.
(e) (1) Before commencing an action to enforce Sections 14027 and 14028, a
prospective plaintiff shall send by certified mail a written notice to the clerk of the
political subdivision against which the action would be brought asserting that the
political subdivision's method of conducting elections may violate the California Voting
Rights Act of 2001.
(2) A prospective plaintiff shall not commence an action to enforce Sections
14027 and 14028 within 45 days of the political subdivision's receipt of the
written notice described in paragraph (1).
(3) (A) Before receiving a written notice described in paragraph (1), or within
45 days of receipt of a notice, a political subdivision may pass a resolution
outlining its intention to transition from at -large to district -based elections, specific
steps it will undertake to facilitate this transition, and an estimated time frame for
doing so.
(B) If a political subdivision passes a resolution pursuant to subparagraph (A), a
prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028
within 90 days of the resolution's passage.
(f) (1) If a political subdivision adopts an ordinance establishing district -based
elections pursuant to subdivision (a), a prospective plaintiff who sent a written notice
pursuant to paragraph (1) of subdivision (e) before the political subdivision passed its
resolution of intention may, within 30 days of the ordinance's adoption, demand
reimbursement for the cost of the work product generated to support the notice. A
prospective plaintiff shall make the demand in writing and shall substantiate the demand
with financial documentation, such as a detailed invoice for demography services. A
political subdivision may request additional documentation if the provided
documentation is insufficient to corroborate the claimed costs. A political subdivision
shall reimburse a prospective plaintiff for reasonable costs claimed, or in an amount to
which the parties mutually agree, within 45 days of receiving the written demand, except
as provided in paragraph (2). In all cases, the amount of the reimbursement shall
not exceed the cap described in paragraph (3).
(2) If more than one prospective plaintiff is entitled to reimbursement, the political
subdivision shall reimburse the prospective plaintiffs in the order in which they sent a
written notice pursuant to paragraph (1) of subdivision (e), and the 45 -day time period
described in paragraph (1) shall apply only to reimbursement of the first prospective
plaintiff who sent a written notice. The cumulative amount of reimbursements to all
prospective plaintiffs shall not exceed the cap described in paragraph (3).
(3) The amount of reimbursement required by this section is capped at $30,000, as
adjusted annually to the Consumer Price Index for All Urban Consumers, United States
city average, as published by the United States Department of Labor.
(Amended by Stats. 2017, Ch. 561, Sec. 51. (AB 1516) Effective January 1, 2018.)
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