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