HomeMy WebLinkAboutResolution 2021-164 N.C.S. 10/04/2021
Resolution No. 2021-164 N.C.S. Page 1
Resolution No. 2021-164 N.C.S.
of the City of Petaluma, California
RESOLUTION DECLARING ITS INTENT TO INITIATE PROCEDURES TO CONSIDER
TRANSITION FROM AT-LARGE ELECTIONS TO DISTRICT-BASED ELECTIONS PURSUANT
TO CALIFORNIA ELECTIONS CODE SECTION 10010, APPROVING A TENTATIVE SCHEDULE
FOR CONDUCTING PUBLIC HEARINGS AND RELATED ACTIONS
WHEREAS, Section 10 of the Petaluma City Charter states that, “The mayor and councilmen shall be elected
at the general municipal election on a general ticket from the city at large”; and
WHEREAS, on August 23, 2021, the City of Petaluma City Clerk received a letter (“Letter”) from Kevin
Shenkman, an attorney, alleging violations of the California Voting Rights Act. (Elections Code §§14025-14032);
and
WHEREAS, a violation of the CVRA is established if it is shown that racially polarized voting occurs in
elections (Elections Code section 14028(a)); and
WHEREAS, “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, and in the choice of
candidates and electoral choices that are preferred by voters in the rest of the electorate (Elections Code
§14026(e)); and
WHEREAS, the California Legislature has provided a procedure whereby a jurisdiction can expeditiously
change to a district-based election system and avoid the high cost of litigation under Elections Code §10010.
Under that procedure, a jurisdiction can limit the amount of its liability to prospective plaintiffs and their attorneys
to a maximum amount of approximately $30,000 for reimbursable expenses and costs (the “safe harbor
provision”); and
WHEREAS, the City denies that it’s at-large election system violates the CVRA or any other provision of
law and asserts the City's election system is legal in all respects and the City further denies any wrongdoing
whatsoever in connection with how it has conducted its City Council elections; and
WHEREAS, despite the foregoing, the City Council has determined that the public interest would be served
by transitioning to a district-based electoral system because of: (1) the high cost to defend against a CVRA
lawsuit, (2) the risk of losing such a lawsuit, which would require the City to pay the prevailing plaintiffs’
attorneys’ fees, and (3) the availability of changing to district elections under the safe harbor provision; and
WHEREAS, California Elections Code §10010 requires that a City changing to district-based elections under
the safe harbor provision do all of the following within 90 days from the date this resolution is approved:
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
DocuSign Envelope ID: BC07C305-950B-4AFA-A231-D23E0FA0167E
Resolution No. 2021-164 N.C.S. Page 2
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 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. 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;
3. Adopt an ordinance establishing district-based elections pursuant to Elections Code §10010(a).
WHEREAS, Exhibit A attached hereto sets forth a tentative schedule for the proposed statutorily prescribed
public hearing dates pursuant to Elections Code §10010; and
WHEREAS, the City has retained an experienced demographer to assist the City to develop a proposal for a
district-based electoral system; and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality
Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution declaring
the City’s intent to initiate procedures to consider transition from at-large elections to district-based elections and
approving a tentative schedule for conducting public hearings does not meet CEQA's definition of a “project,”
because the action does not have the potential for resulting in either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes
organizational or administrative activities of governments that will not result in direct or indirect physical changes
in the environment.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Petaluma as follows:
1. The above recitals are hereby declared to be true and correct and are incorporated into this resolution as
findings of the City Council.
2. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA)
in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution declaring the City’s
intent to initiate procedures to consider transition from at-large elections to district-based elections and
approving a tentative schedule for conducting public hearings does not meet CEQA's definition of a “project,”
because the action does not have the potential for resulting in either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment, and because the action
constitutes organizational or administrative activities of governments that will not result in direct or indirect
physical changes in the environment.
3. The City Council hereby resolves its intent to consider adoption of an ordinance to transition to a district -
based election system as authorized by Government Code Section 34886 beginning in November 2022.
DocuSign Envelope ID: BC07C305-950B-4AFA-A231-D23E0FA0167E
Resolution No. 2021-164 N.C.S. Page 3
4. The City Council directs staff to work with the City’s 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, the Federal Voting Rights Act, and all other federal and state
laws.
5. The City Council hereby approves the tentative schedule set forth in Exhibit A, attached hereto, for conducting
a public process to solicit input and testimony on proposed district-based electoral maps before adopting any
such map and transitioning to district elections.
6. The tentative schedule may be adjusted by the City Manager as necessary, especially if an agreement tolling
safe harbor deadlines is reached with the plaintiff's attorney to allow additional time for public input or
otherwise as appropriate.
7. The City Council directs staff to post information regarding the proposed transition to a district- based election
system, including maps, notices, agendas and other information and to establish a means of communication
to answer questions from the public.
8. This Resolution shall become effective on October 7, 2021.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 4th day of October
2021, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Barnacle, Healy, King, McDonnell, Pocekay
NOES: None
ABSENT: Fischer
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
DocuSign Envelope ID: BC07C305-950B-4AFA-A231-D23E0FA0167E
EXHIBIT A
Resolution No. 2021-164 N.C.S. Page 4
DRAFT SCHEDULE
Activity
135-day Timeline Established by
Elections Code §10010
(Adopt Ord. by 1/5/22)
Received Demand Letter 8/23/2021
2020 Census Data released 9/20/2021
Adopt a Resolution of Intention, effective 10/7/2021, to
transition from at-large to district-based elections 10/4/2021
Launch Districting Website Page TBD
Public Hearing #1 to gather public testimony about
communities of interest (no draft maps are drawn until these
are complete)
10/18/2021 or 11/1/2021
Public Hearing #2 to gather input public testimony about
communities of interest (no draft maps drawn until these are
complete)
11/1/2021 or 11/15/2021
Launch mapping tools on website for public to submit
proposed maps TBD
Initial draft maps posted on website at least 7 days prior to
public hearing 11/29/2021
Public Hearing #3 to gather public input on draft maps and
election sequencing 12/6/2021
Changes to initial draft maps posted on website at least 7
days prior to public hearing 12/22/2021
Public Hearing #4 to gather public input on draft maps and
election sequencing and adoption of Ordinance to establish
district-based elections
1/3/2022
Six months prior to next regular election the Ordinance must
be adopted 5/8/2022
First district-based election to be held 11/8/2022
*All dates shown are City Council Regular Meeting dates. Public Hearings other than the hearing to Adopt the
Ordinance could be scheduled for Special Meeting dates.
DocuSign Envelope ID: BC07C305-950B-4AFA-A231-D23E0FA0167E