HomeMy WebLinkAboutAgenda Report - August 5, 2015 C-18AGENDA ITEM cam 100
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Authorize the Mayor, on Behalf of the City Council, to Send a Letter of
Opposition for AB 278 (Hernandez): District -Based Municipal Elections
MEETING DATE: August 5, 2015
PREPARED BY: City Clerk
RECOMMENDED ACTION: Authorize the Mayor, on behalf of the City Council, to send a letter
of opposition for AB 278 (Hernandez): District -Based Municipal
Elections.
BACKGROUND INFORMATION: On July 7, 2015, the City received correspondence from the League
of California Cities to oppose AB 278 (Hernandez): District -Based
Municipal Elections.
AB 278 would require cities over 100,000 in population to switch to district elections. The bill imposes a
one -size -fits -all policy based on an arbitrary population threshold. It does not take into account that the
affected cities all have unique population and geographic characteristics. Decisions on what election
system works best for a specific area should be left to the local community and their elected officials. In
the event there is an issue of vote dilution, the California Voting Rights Act provides significant legal
leverage to any voter who seeks to challenge an at -large election system of a city, school district,
community college district, or any other district authorized by the state.
For the reasons stated above and in the attached draft correspondence, it is recommended that the
City Council authorize the execution and delivery of the proposed correspondence.
FISCAL IMPACT:
FUNDING AVAILABLE:
APPROVED:
Not applicable.
Not applicable.
Q�� —1-Y),
J nifer M. qrraiolo
City Clerk
`7l'ien Schwa4quo, City Manager
NAAdministration\CLERK\CoundRCOUNCO M\LeagueSupportOpposeMaster.doc
CITY COUNCIL
BOB JOHNSON, Mayor
MARK CHANDLER,
Mayor Pro Tempore
DOUG KUEHNE
JOANNE MOUNCE
ALAN NAKANISHI
CITY OF L OD I
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerk(a)lodi.gov
August 6, 2015
The Honorable Bob Hertzberg
Chair, Senate Governance and Finance
State Capitol Building, Room 4038
Sacramento, CA 95814
Via FAX: (916) 651-4918
RE: AB 278 (Hernandez): District -based municipal elections.
Notice of Opposition
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
The City of Lodi is respectfully opposed to your bill AB 278, which requires that all
general law cities with populations over 100,000 adopt an ordinance to switch to a
district -based election system.
JANICE D. MAGDICH
City Attorney
AB 278 imposes a one -size -fits -all policy based on an arbitrary population threshold. It
does not take into account that the affected cities all have unique population and
geographic characteristics. Decisions on what election system works best for a specific
area should be left to the local community and their elected officials.
While the City of Lodi recognizes your efforts to address vote dilution, new mandates are
simply not necessary. In the event there is an issue of vote dilution, the California Voting
Rights Act provides significant legal leverage to any voter who seeks to challenge an
at -large election system of a city, school district, community college district, or any other
district authorized by the state.
Existing law is robust and working. For these reasons, the City of Lodi opposes AB 278.
Sincerely,
Bob Johnson
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: 916-651-4905
Assemblymember Jim Cooper, Fax: 916-319-2109
Colin Grinnell, Staff Director, Senate Governance and Finance Committee, Fax: 916-322-0298
Stephen Qualls, League Regional Public Affairs Manager, sgualls(a-cacities.org
Meg Desmond, League of California Cities, mdesmond(aD-cacities.orq
N:AAdministration\CLERK\Council\CORRESP\LETTERS\1AB278.doc
Jennifer Ferraiolo
From: Stephen R. Qualls <squalls@cacities.org>
Sent: Tuesday, July 07, 2015 8:35 PM
Subject: AB 278: District Elections (Hernandez)
Attachments: AB 278 SAMPLE Oppose Letter 7.7.15.docx; Action Alert AB 278 (Hernandez) District -
based Elections 7.7.15.docx
AB 278 would require cities over 100 thousand in population to switch to district elections. If your city would like to act
to stop this unnecessary bill, please send a letter to Senator Hertzberg and your local legislator in case it reaches the
floor.
I have attached talking points as well as a sample letter.
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>
[Description: Description: LCC_Logo_SM] [X]
Strengthening California Cities through Advocacy and Education To expand and protect local control for cities through
education and advocacy in order to enhance the quality of life for all Californians.
<http://www.cacities.org/AC>
PLEASE DO NOT distribute political campaign advocacy information from public (city hall) computers, on city time, or
using public resources, even if it's from your personal email account. If in doubt, check with your city attorney.
***Disclaimer***Please Note: Please take the following precautions if this email is about a CITIPAC event. Though it is
not illegal for you to receive this notice via a city e-mail address, you should not respond to it or forward it using public
resources. You may however forward this message to your non-public e-mail account for distribution on non-public
time. If you have questions about the event or need additional information, please contact Mike Egan at (916) 658-8271
or egan@cacities.org
ACTION ALERT! !
AB 278 (Hernandez) District -based Municipal Elections.
OPPOSE
Background for AB 278 (Hernandez):
AB 278 requires that all general law cities with populations over 100,000 to switch to by -district election
systems. This bill is based around an arbitrary population threshold and does not take into account that
the affected cities all have unique populations and geographic characteristics.
The California Voting Rights Act (CVRA) already provides voters with a strong legal avenue in the event
there is an issue of vote dilution. The CVRA gives significant legal leverage to someone seeking to
challenge an at -large election system. In fact, under the CVRA it is easier for plaintiffs to bring and
prevail in lawsuits — existing law is robust and working.
AB 278 implements a one -size -fits -all policy, by -district elections systems are not the only remedy for
addressing complaints under the CVRA. The courts have held that other options are available such as in
the case of Santa Clarita where the courts allowed a cumulative voting system to be considered
compliant under the act.
Efforts by both local and state government should be focused on reenergizing the public about political
participation and encouraging people to vote, not imposing new costly mandates.
ACTION:
AB 278 was held in the Senate Elections and Constitutional Amendments Committee on July 7. It is
eligible for committee reconsideration on July 14. If AB 278 receives enough votes on July 14 it will then
move forward to the Senate Governance and Finance Committee on July 15. If you have a Senator on
the Senate Governance and Finance Committee, please send your CITY LETTERS of OPPOSITION to as
soon as possible. Sample Opposition letter attached or you may use the League's Action Center to send
a letter.
SENATE GOVERNANCE AND FINANCE
Member I District Party Room F Phone
Fax
Beall, Jim 15 F D 5066—F-916651 4015
916 651 4915
Hernandez, Ed I 22 F_ D 2080—F-916651 4022
916 651 4922
Hertzberg, Bob (Chair) 18 D 4038—F-916651 4018
916 651 4918
Lara, Ricardo 33 F—D 5050—F-916651 4033
916 651 4933
Moorlach, John 37 FIR 2048—F-916651 4037
916 651 4937
—F-916651 4034
Nguyen, Janet (Vice -Chair) 34 R 3048
9166514934
Pavley, Fran 27 F D 5108 916 651 4027
916 651 4927
You can find your Legislator's contact information here: http://findyourrep.legislature.ca.gov/.
Talking Points:
AB 278 is a sweeping and costly unfunded state mandate. Impacted cities would have to hire
consultants to draft maps and analyze election patterns—with costs ranging from $50,000 to
$100,000 per city to draw various maps.
• AB 278 would require attorneys with specialized expertise in the federal and state election laws
to advise and protect cities from litigation over how district lines are drawn.
• In the event there is an issue of vote dilution, the CVRA provides significant legal leverage to any
voter who seeks to challenge an at -large election system of a city, school district, community
college district or any other district authorized by the state.
• AB 278 is based around an arbitrary population threshold and does not take into account that
the affected cities all have unique population and geographic characteristics.
• Under the CVRA it is easier for plaintiffs to bring and prevail in lawsuits alleging that their votes
are diluted in at -large elections.
• Existing law is robust and working. AB 278 does not address the issue at hand. We suggest the
real problem we need to work to address is low voter turnout and civic engagement. Efforts by
both local and state government should be focused on reenergizing the public about political
participation and encouraging people to vote.
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 13, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
AMENDED IN ASSEMBLY MARCH 18, 2015
CALIFORNIA LEGISLATURE -2015-16 REGULAR SESSION
ASSEMBLY BILL
No. 278
Introduced by Assembly Member Roger Hernandez
(Principal coauthor: Assembly Member Alejo)
(Coauthor: Senator Hueso)
February 11, 2015
An act to amend Section 10010 of the Elections Code, and to add
Section 34885 to the Government Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 278, as amended, Roger Hernandez. District -based municipal
elections.
Existing law provides for political subdivisions that encompass areas
of representation within the state. With respect to these areas, public
officials are generally elected by all of the voters of the political
subdivision (at -large) or from districts formed within the political
subdivision (district -based). Existing law, the California Voting Rights
Act of 2001, prohibits an at -large method of election-to+e from being
imposed or applied in a manner that impairs the ability of a protected
class to elect candidates of its choice or its ability to influence the
outcome of an election, as a result of the dilution or the abridgment of
the rights of voters who are members of a protected class, as defined.
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AB 278 —2—
Existing
2—
Existing law authorizes the legislative body of a city to submit to
voters at any municipal or special election an ordinance providing for
the election of members of the legislative body by districts, from
districts, by districts with an elective mayor, or from districts with an
elective mayor. Under existing law, "by district" means election of
members of the legislative body by voters of the district alone and "from
district" means election of members of the legislative body who are
residents of the district from which they are elected by the voters of the
entire city. Existing law prescribes the procedures for the electors to
change from the election of these members by district to election from
districts or vice versa.
This bill would require the legislative body of a general law city with
a population of 100,000 or more to adopt an ordinance, without
submitting the ordinance to the voters of the city for approval, for the
election of members of the legislative body by district. The bill would
require that the boundary lines of each district be adjusted in accordance
with specified provisions of existing law, exeept as otherwise provided
in this bill. law. The bill would require the legislative body to
publie hearings before and after drawing a draft map of the propose
botmdaries of the distriets of the legislative bodr, as speeified. The bill.
would also require the legislative body to take eertain aetions to
eneowage publie partieipation in the drawing of the proposed boundaries.
and would require that the proposed boundaries satisfy specified criteria.
By requiring certain cities to conduct elections for members of their
legislative bodies in a specified manner, this bill would impose a
state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 10010 of the Elections Code is amended
2 to read:
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— 3 — AB 278
10010. (a) Apolitical subdivision not subject to the provisions
of Section 34885 of the Government Code, other than a charter
city, charter county, or charter city and county, that changes from
an at -large method of election to a district -based election shall
hold at least two public hearings on a proposal to establish the
district boundaries of the political subdivision before a public
hearing at which the governing body of the political subdivision
votes to approve or defeat the proposal.
(b) 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.
(c) 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.
(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.
SEC. 2. Section 34885 is added to the Government Code, to
read:
34885. (a) (1) Notwithstanding any other law, the legislative
body of a general law city with a population of 100,000 or more
shall adopt an ordinance, without submitting the ordinance to the
electors of the city for approval, for the election of members of
the legislative body by district as provided in subdivision (a) or
(c) of Section 34871.
(2) For purposes of this subdivision, the population of a city
shall be determined by the most recent federal decennial census.
(b) ,
melusive, the The boundaries of the districts for the legislative
body shall be established and adjusted in accordance with Chapter
7 (commencing with Section 21600) of Division 21 of the Elections
Code.
(e) (1) Before drawing a draft map oft -he proposed boundaries
of the distriets for the legislative bodr, the legislative body qhfill
hold at least fiDttr publie hearings w-heire the publie has the
opportunity to protide input. The hearings shall oeettr ever the
eottrse of at least 30 days7.
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AB 278 —4—
"F
4—
95
2
body is
drawn
and pttblished, t
3 bodr,
before adopting
the
final map
of the pr
4 bo�-lind—arives,
shall
hold at least
two pttblie
hearings
in whie
5 pttblie has the
oppoftnity
to
provide
itipttt.
The hearings
• oeettr over
:.
30 days.
7 (3) A ealettdar
of the hearings
required
by
AM
paragraphs (1) an
• . .
.
..
-
. ....
.
-before
..
• first hearing
to allow
eitizensto
plan their
attendanee.
10 (4) The hearings
required
by paragraphs
(1)
and (2) shal.
Be
.
-
. .
- .
.. ..
- people
disabilitie
. .
.. .
.
. . ..
loeafiotts to
maximize14
;
partieipafiott.
(G) To the
greatest
extent
possible,15
16 aeeessible by
pttblie
transportation.
-
17 (9) To the
gfeatest
extent
possible, be
held
on different
• the weekto
- - --
19 partieipation-.
1 requested,
at least 24
hottrs ;
21 paragraph (1)
or (2),
the legislative
body
shall provide�int�lta-nc
-ry
!angttage
that
:.
.::
4201
of the Ftleetio
24 Code in a preeinet
25 (d) The legislative
body
of the eity
shall
eneottrage p
26 partieipatiott
in the
d-rawing
of the botmdaries
of the distrie
27 the legislative
bo4y
by doing
all of the
followin-g
28 (1) Developing
an otitreaeh
and edtteation
plan,
and media aRinn
1 :.:
::.;
; ;-
:. ;
31 non English
speaking
:.:
:.:
(2) For eaeh
hearing
required32
by
paragraph
34 dia
otttlet
that serves
English
speaking:.:
35 F informing
individttals
of the
botmdary
drawing
. and the ttpeoming
hearingdate.
37 (3) For eaeh
hearing required
by
paragraph
(1) or (2
• sttbdivisiott (e),
pttblieize
at least
one
-
• in eaelt lattgtiage
that meets the
requirements
of
- -
0Seetion 142-01
ofthe
Eleetions
Code in
a ;
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— 5 — AB 278
a media atttlet that serves speakers of 4tat language, for putposes
of informing individuals of the boundary drawi tid the
(4) Publish an 1 A�1111%,L vv�" site that explains
(e), and that explains how pttblie testimony may be submitted. The
ititemet Web site shall be available itt eaeh lattgttage thaf meets
the reqttirements of sttbdivisiott (e) of Seetion 14204 of
(5) Provide the means for the submission of pttblie testimofly
by mail, by telephone, online, and in person at the hearings reqttire
by paragiraphs (1) and (2) of stbdivision (e).
(6) Atty other ottfteaeh or Publieity the legislative body
the botmdaries of 4te disftiets for the legislative body.
(c) The legislative body shall ensure all of the following criteria
are satisfied in preparing the boundaries of the districts for the
legislative body:
(1) The boundaries are drawn to ensure fair and effective
representation of all city residents including racial, ethnic, and
language minorities.
(2) The boundaries conform to the requirements of the United
States Constitution and all applicable federal and state laws.
(3) The boundaries respect communities of interest.
(4) The boundaries have substantially equal populations as
determined by the most recent federal decennial census.
(5) The boundaries are geographically compact and contiguous.
(6) The boundaries are drawn without regard to the advantage
or disadvantage of incumbents, challengers, or any political parry.
0)
(d) (1) Communications between any parry and the legislative
body regarding the drawing of the boundaries of the districts for
the legislative body shall be disclosed to the public and maintained
by the city in a publicly available log.
(2) Communications related to the dissemination of the
procedural information about the drawing of the boundaries of the
districts for the legislative body, including, but not limited to,
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AB 278
1 communications regarding the time and place of meetings or how
2 to submit public testimony, are exempt from paragraph (1).
3 (g)
4 (e) This section does not apply to a charter city or charter city
5 and county.
6 SEC. 3. If the Commission on State Mandates determines that
7 this act contains costs mandated by the state, reimbursement to
8 local agencies and school districts for those costs shall be made
9 pursuant to Part 7 (commencing with Section 17500) of Division
10 4 of Title 2 of the Government Code.
N
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FACSIMILE COVER SHEET
0
CITY CLERK'S OFFICE
221 WEST PINE STREET - P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
PHONE (209) 333-6702 FAX (209) 333-6807
J(yc1rk ci}Iodi. civ or pfarris@lodi.gay
DATE: August 6, 2015
FROM: Pamela M. Farris
Deputy City Clerk
TO: Senator Bob Hertzberg, 916-651-4918
Senator Cathleen Galgiani, 916-651-4905
Assemblymember Jim Cooper, 916-319-2109
Staff Director Colin Grinnell, 916-322-0298
COMMENTS: Attached please find the Notice of Oppositon for AB 278
(Hernandez) — District -Based Municipal 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
www.lodi.g v cityQierk@lodi gov
August 6, 2015
The Honorable Bob Hertzberg
Chair, Senate Governance and Finance
State Capitol Building, Room 4038
Sacramento, CA 95814
Via FAX: (916) 651-4918
RE: AB 278 (Hernandez): District -based municipal elections.
Notice of Opposition
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
The City of Lodi is respectfully opposed to your bill AB 278, which requires that all
general law cities with populations over 100,000 adopt an ordinance to switch to a
district -based election system.
AB 278 imposes a one -size -fits -all policy based on an arbitrary population threshold. It
does not take into account that the affected cities all have unique population and
geographic characteristics. Decisions on what election system works best for a specific
area should be left to the local community and their elected officials.
While the City of Lodi recognizes your efforts to address vote dilution, new mandates are
simply not necessary. In the event there is an issue of vote dilution, the California Voting
Rights Act provides significant legal leverage to any voter who seeks to challenge an
at -large election system of a city, school district, community college district, or any other
district authorized by the state.
Existing law is robust and working. For these reasons, the City of Lodi opposes AB 278.
Sincerely,
..its N,�ry-t:��
Mark Chandler
Mayor Pro Tempore, City of Lodi
cc: Senator Cathleen Galgiani, Fax: 916-651-4905
Assemblymember Jim Cooper, Fax: 916-319-2109
Colin Grinnell, Staff Director, Senate Governance and Finance Committee, Fax: 916-322-0298
Stephen Qualls, League Regional Public Affairs Manager, sgualls(pDcacities.org
Meg Desmond, League of California Cities, mdesmond@cacities.org
N:\Administration\CLERK\Counci I\CORRESP\LETTERS\IAB 278. doc