Loading...
HomeMy WebLinkAboutReso - CC - 032-2020RESOLUTION NO. 32-2020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENT TO TRANSITION FROM AN AT -LARGE TO A BY - DISTRICT COUNCILMEMBER ELECTION SYSTEM WHEREAS, the City Council is currently elected through an at -large election, in which each Councilmember is elected by the entire voting population of the city; and WHEREAS, pursuant to California Government Code Section 34886, the City Council may adopt an ordinance to change its election system to a by -district based election system, in which each Councilmember represents a single district, and where only voters from that district participate in their election; and WHEREAS, the City received a letter from Shenkman & Hughes on January 17, 2020, alleging that Burlingame's at -large election based system violated the California Voting Rights Act (CVRA) by creating racially polarized voting in City elections, and threatening litigation if the City does not voluntarily transition to by -district elections; and WHEREAS, a pattern of racially polarized voting has been alleged through underrepresentation of a protected class of individuals, even if no malicious intent has been shown on the part of City officials or the electorate; and WHEREAS, the 2010 Federal Census states that 20.3% of the population of Burlingame is Asian, which is a recognized protected class; and WHEREAS, no Asian -American has ever served on the Council for the City of Burlingame; and WHEREAS, the City Council believes that all City elections have been legal, and that each election has been conducted in a fair manner in an attempt to best represent the City's voters; and WHEREAS, despite that belief, and in an effort to strive for equity while avoiding the extraordinary cost of litigation, the City Council has concluded that the transition to by -district elections is in the public's interest; and WHEREAS, California Elections Code Section 10010 provides a method where a jurisdiction may voluntarily change to by -district elections to avoid the cost of CVRA litigation through a resolution declaring its intent to do so; and WHEREAS, by law this resolution must include specific steps it will take to make this transition, as well as the time frame it will take to do so; and WHEREAS, prior to the adoption of an ordinance setting boundaries for a by -district election, Elections Code Section 10010 requires each 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 of Burlingame wishes to expeditiously make the transition to by - district elections; and WHEREAS, the City wants to balance this transition with the need to protect the electorate by waiting for the most accurate census data, currently scheduled to be released in early 2021; and WHEREAS, if the City were to rely on 2010 census data to create districts for this rapidly - growing region, those districts may not accurately represent protected classes during the next election; and WHEREAS, the next scheduled election for the City Council is November 2022, allowing over a full year between the scheduled release of census data and the City's next scheduled election; and WHEREAS, a tolling/settlement agreement may be negotiated between Shenkman & Hughes on behalf of their clients that could provide protection from CVRA litigation from that plaintiff group while the City undergoes the transition but waits for 2020 census data; and WHEREAS, the adoption of a district -based elections system will not affect the terms of any sitting councilmember, each of whom will serve out his or her current term. NOW, THEREFORE, BE IT RESOLVED, that: 1. The City Council resolves to pursue adoption of an ordinance to transition to a district -based election system, as authorized by Government Code Section 34886, for use in the City's next election for City Councilmembers in November 2022, and all elections following. 2. The City Council will review 2020 Federal Census data to ensure districts are drawn fairly and equitably to ensure an accurate representation of all demographics in the electorate before finalizing any district boundaries. 3. The City Council directs staff to engage a demographer, and any other consultants necessary, 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. 4. The City Council directs the City Attorney to negotiate and execute a tolling/settlement agreement with Shenkman & Hughes on behalf of their clients to protect the City from CVRA litigation during this transition. 5. The City Council directs staff to begin an informal public outreach process prior to the new Census data's release. This shall include, at minimum, a public meeting and communications through such mechanisms as the City's a -news and social media sites soliciting input on identifying communities of interest within the city and existing physical and social boundaries that should be considered in the creation of districts. 6. The City Council further directs that before February 1, 2021 and prior to the development of a proposed map, the Council shall hold at least one formal public hearing regarding composition of electoral districts; that prior to March 1, 2021, the Council shall hold a second public hearing on the composition of electoral districts without a proposed map; that following these hearings and the preparation of proposed maps, the maps shall be posted along with any proposed sequence for elections at least seven days prior to the Council's hearing on the maps; that the Council then hold a public hearing on the draft maps; that following that hearing, any amended maps and proposed sequence of elections be posted at least seven days prior to the next hearing; that the Council then hold a fourth public hearing at which it selects a map and introduces an ordinance establishing district elections, including district boundaries and election sequence (if selected map is amended, it must be posted for seven days prior to the ordinance's introduction); that the Council then hold a fifth public hearing at which the ordinance is adopted. 7. The City Council directs staff to post updated information, dates and times of meetings, and ways for the public to communicate about the transition to district elections on the City's website, and to take all other reasonable steps to inform and engage t4e `Qblic in thiV.;pnsition. - I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16th day of March, 2020, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE eaghan Hassel -Shearer, City Clerk