HomeMy WebLinkAboutAgenda Report - July 15, 2015 C-22AGENDA ITEM CW -2z
r ' ' CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Receive Report Regarding Communication Pertaining to Senate Bill 493
(Cannella) Regarding City Council Elections
MEETING DATE: July 15, 2015
PREPARED BY: City Clerk
RECOMMENDED ACTION Receive report regarding communication pertaining to Senate
Bill 493 (Cannella) regarding city council elections.
BACKGROUND INFORMATION: The City received a request for communication from the League of
California Cities regarding SB 493 (Cannella). There was a need to
send a letter of support immediately in light of a pending hearing.
SB 493 would allow city councils to use the ordinance process to switch from an at -large to a by -district
election system and help cities save money by avoiding a California Voting Rights Act (CVRA) lawsuit
and the costs associated with gaining voter approval on the ballot. SB 493 would give cities a much-
needed tool that can be used to address concerns under the CVRA in a more efficient and cost-effective
manner.
The attached letter electronically signed by the Mayor was sent out on June 29, 2015. A copy of the initial
request, along with the text of the bill, is also attached. This report is provided for informational purposes
only pursuant to policy.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
APPROVED:
k�
J&hnifer M. Perraiolo
City Clerk
N:\Administration\CLERK\Council\COUNCOM\LeagueReceiveReportMaster.doc
CITY COUNCIL
BOB JOHNSON, Mayor CITY OF L O D
MARK CHANDLER,
Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET
DOUG KUEHNE P.O. BOX 3006
JOANNE MOUNCE LODI, CALIFORNIA 95241-1910
ALAN NAKANISHI (209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerk(cDlodi.gov
June 29, 2015
The Honorable Senator Cannella
Member, California State Assembly
State Capitol Building, Room 5082
Sacramento, CA 95814
RE: SB 493 (Cannella): City Council Elections
Notice of Support
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
The City of Lodi supports your bill SB 493, which would allow city councils to use the
ordinance process to switch from an at -large to a by -district election system and help
cities save money by avoiding a California Voting Rights Act (CVRA) lawsuit and the
costs associated with gaining voter approval on the ballot.
Since the passage of CVRA, many entities using at -large elections have increasingly
found themselves faced with lawsuits asserting that racially polarized voting is occurring
and demanding that district -based elections be implemented. Due to generous recovery
for attorney's fees provisions in the act, we have seen cities incur extremely high legal
fees with numbers ranging from the several hundred thousand to several million.
For cities, the only other alternative to litigation is submitting the proposal to the voters for
approval. This is not a simple process and running items on a ballot is expensive.
Additionally, there is still exposure to litigation under the CVRA if voters were to reject the
measure.
The City of Lodi believes SB 493 would give cities a much-needed tool that can be used
to address concerns under the CVRA in a more efficient and cost-effective manner.
For these reasons, the City of Lodi supports SB 493.
Sincerely,
/s/ Bob Johnson
Bob Johnson
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: 916-651-4905
Assemblymember Jim Cooper, Fax: 916-319-2109
Stephen Qualls, League Regional Public Affairs Manager, sclualls(cD-cacities.org
Meg Desmond, League of California Cities, mdesmond(c)cacities.org
N:AAdministration\CLERK\Council\CORRESP\LETTERS\1SB493.doc
Jennifer Ferraiolo
From:
JoAnne Mounce - External
Sent:
Saturday, June 27, 2015 7:29 AM
To:
Jennifer Ferraiolo; Stephen R. Qualls
Subject:
Fw: URGENT:Speakers Needed - SB 493
Attachments:
SB 493 Support Sample.docx
----- Forwarded Message -----
From: Stephen R. Qualls <squalls@cacities.org>
To:
Sent: Friday, June 26, 2015 4:14 PM
Subject: URGENT:Speakers Needed -
On July 1 st at 9:00 a.m., SB 493 (district elections by ordinance) will be heard in committee in
Sacramento and Senator Cannella and the League need speakers to come to the Capital and speak
in support of the bill.
SB 493 would allow cities, to just as school districts do, to move from at large to by distrcit elections.
This would allow the cities the choice to avoid possible litigation over claims of California Voters
Rights violations.
Currently, the only option available is to put the measure up for a vote, and hope that it passes.
If it doesn't, then the city may become a target for a possible lawsuit.
If you are available, please contact me or Alicia Lewis at
alewis@cacities.org<maiIto: alewis@cacities. org> or 916-658-8254.
We would like a strong showing of sunnn� ase attend the committee hearing if possible.
Thank you,
Stephen Qualls
Central Valley Regional Public Affairs Manager
League of California Cities
209-614-0118
Fax 209-883-0653
squalls@cacities.org<mailto:squalls@cacities.org>
rDescription: Desrrintion: LCC _Logo_SMI [XI
Strengthening California Cities through Advocacy and Education
To expand and protect local control for cities through education and
AMENDED IN SENATE APRIL 20, 2015
SENATE BILL
No. 493
Introduced by Senator Cannella
February 26, 2015
An act to add Section ��� 34885 to the Government Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 493, as amended, Cannella. Elections in cities: by or from districts.
Existing law generally requires all elective city offices, including the
members of a city council, to be filled at large by the city electorate at
a general municipal election. Existing law, at any municipal election
or special election held for this purpose, authorizes the legislative body
of a city to submit to the registered voters an ordinance providing for
the election of members of the legislative body by district or from
district, as defined, and with or without an elective mayor.
This bill would authorize the legislative body of age city
tom adopt an ordinance providing that requires the eleetion
of members of the legislative body from distriet, as defined, to provide
defined,for the eleetion of metribers of the legisla4ve body by distriet, as
to be elected by district or by district with an elective mayor without
s4mitting the amendment to the registere being required to submit
the ordinance to the voters for approval. The bill would pfohibit
the general law eity has an eleetive mayot
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
98
SB 493
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—2—
The people of the State of California do enact as follows:
SECTION 1. Section 34885 is added to the Government Code,
to read:
34885. Notwithstanding Section 34871 or any other law, the
legislative body of a city may adopt an ordinance that requires
the members of the legislative body to be elected by district or by
district with an elective mayor, as described in subdivisions (a)
and (c) of Section 34871, without being required to submit the
ordinance to the voters for approval.
SECTION 1. Seetion 34873.5 is added to the Governmen
Code, to , a.
34873.5. (a) Notwithstanding a" other lavo-, ,
not limited to, Seetion 34873, if att ordinanee provides for the
as defined by Seetion 34871, the legislative body of the ge
law eity may amend the ordinanee to provide for the legislafive
body of the general law eity to be eleeted by distriet, as define
registered voters for approval.
(b) An atnendment of the ordinanee pursttant to subdivision (a)
11
98
FACSIMILE COVER SHEET
CITY CLERK'S OFFICE
221 WEST PINE STREET - P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
PHONE (209) 333-6702 FAX (209) 333-6807
cit clrk Lodi. oor pfarris u lodi.go�
DATE: June 29, 2015
FROM: Pamela M. Farris
Deputy City Clerk
TO: Assemblymember Cannella, 916-651-4912
Senator Cathleen Galgiani, 916-651-4905
Assemblymember Jim Cooper, 916-319-2109
COMMENTS: Attached please find the Notice of Support for SB 493
(Cannella) — City Council Elections
THIS TRANSMITTAL CONTAINS 2 PAGE(S), INCLUDING THIS COVER SHEET.
forms\aafaxjen.doc
CITY COUNCIL
BOB JOHNSON, Mayor
MARK CHANDLER,
Mayor Pro Tempore
DOUG KUEHNE
JOANNE MOUNCE
ALAN NAKANISHI
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
v +N�1.laCil.nV_ cit clerk lodi. ov
June 29, 2015
The Honorable Senator Cannella
Member, California State Assembly
State Capitol Building, Room 5082
Sacramento, CA 95814
RE: SB 493 (Cannella): City Council Elections
Notice of Support
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
The City of Lodi supports your bill SB 493, which would allow city councils to use the
ordinance process to switch from an at -large to a by -district election system and help
cities save money by avoiding a California Voting Rights Act (CVRA) lawsuit and the
costs associated with gaining voter approval on the ballot.
Since the passage of CVRA, many entities using at -large elections have increasingly
found themselves faced with lawsuits asserting that racially polarized voting is occurring
and demanding that district -based elections be implemented. Due to generous recovery
for attorney's fees provisions in the act, we have seen cities incur extremely high legal
fees with numbers ranging from the several hundred thousand to several million.
For cities, the only other alternative to litigation is submitting the proposal to the voters for
approval. This is not a simple process and running items on a ballot is expensive.
Additionally, there is still exposure to litigation under the CVRA if voters were to reject the
measure.
The City of Lodi believes SB 493 would give cities a much-needed tool that can be used
to address concerns under the CVRA in a more efficient and cost-effective manner.
For these reasons, the City of Lodi supports SB 493.
Sincerely,
/s/Bob Johnson
Bob Johnson
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: 916-651-4905
Assemblymember Jim Cooper, Fax: 916-319-2109
Stephen Qualls, League Regional Public Affairs Manager, saualls@cacities.org
Meg Desmond, League of California Cities, mdesmond@cacities.o�
N:\Administration\CLERK\Council\CORRESP\LETTERS\ISB493.doc