HomeMy WebLinkAboutResolutions - No. 2017-223 SMRESOLUTION NO. 2017-223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LODI EXPRESSING THE CITY COUNCIL'S INTENTION,
PURSUANT TO ELECTIONS CODE SECTION 10010(eX3)(A), TO
INITIATE PROCEDURES FOR ESTABLISHING AND IMPLEMENTING
BY-DISTRICT ELECTIONS FOR CITY COUNCIL MEMBERS
WHEREAS, the City of Lodi ("City") is a general law city, duly organized under the
constitution and laws of the State of California; and
WHEREAS, ¡ve of the members of the Lodi City Council are currently elected in at-large
elections, in which each City Council member is elected by the registered voters of the entire City;
and
WHEREAS, Government Code section 34886, in certain circumstances, authorizes the
legislative body of a city of any population to adopt an ordinance to change its method of election
frım an at-large system to a by-district system or by-district system with an elective mayor without
the need to put such a change to voters; and
WHEREAS, on October 31, 2017, the City received a letter from the Mexican American
Legal Defense and Education Fund (MALDEF) asserting that the City's at-large system of voting
results in Latino vote dilution and prevents Latino voters from electing candidates of their choice and
threatening action against the City under the California Voting Rights Act (CVRA), a period of less
than forty-five (45) days before the date of this Resolution; and
WHEREAS, a violation of the CVRA is established if it is shown that racially polarized voting
occurs in elections (Elections Code $1402S(a)). "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, although the letter from MALDEF was not accompanied by any evidence to
support the claim of a CVRA violation, the City Council has determined that it is in the best interest
of ifre City to move from its current at-large electoral system to a by-district election for members of
the City Council, in furtherance of the purposes of California Voting Rights Act and to avoid costs
associated with defending a lawsuit based on the CVRA, even if that lawsuit settles; and
WHEREAS, the City Council has directed staff to initiate the process to transition from an at-
large system to a district-based system in accordance with the procedural rules outlined in
Government Code section 34886 and Elections Code section 10010; and
WHEREAS, the City will begin by working with an experienced demographer to assist the
City in establishing maps for a by-district electoral system; and
WHEREAS, before drawing a draft map of the proposed boundaries of the districts, the City
will hold at least two (2) public hearings over no more than thirty (30) days, at which time the public
is invited to provide input regarding the composition of the districts; and
WHEREAS, the City will then publish and make available for release at least one (1) draft
map of the new electoral districts, including the potential sequence of elections; and
WHEREAS, once the draft map has been publicized for at least seven (7) days, the City will
hold at least two (2) additional public hearings, over a period of no more than forty-five (45) days, at
which ¡me the public is invited to provide input regarding the content of the draft map and the
proposed sequence of elections prior to the public hearing at which the City Council considers
adoption of the map; and
WHEREAS, if a draft map is revised at or following a public hearing, the revised map will be
published and made available to the public at least seven (7) days before the City chooses to adopt
it; and
WHEREAS, in determining the final sequence of staggered district elections, the City Council
witl give special consideration to ihe purposes of the California Voting Rights Act, and will take into
account the preferences expressed by the members of the districts.
NOW, THEREFORE, BE lT RESOLVED by the City Council of the City of Lodi as follows
Section 1. The above recitals are true and correct and are incorporated herein by this
reference.
Section 2. The City Council hereby resolves, pursuantto Elections Code section 10010, to
adopt a Oy4¡.¡¡.t election system by ordinance as authorized by California Government Code
seciion 34886, for use in the City's General Municipal Election for City Council members.
Section 3. The City Council further resolves to retain a qualified demographer, hold at least
five (5) publ¡c hearings and publish at least one (1) draft map and staggering sequence, pursuant to
the proposed hearing schedule attached hereto as Exhibit "4".
Section 4. The City's redistricting/demographic consulting firm, acting under the supervision
of the City Attorney, is hereby authorized to direct and formulate one or more electoral district
scenarios lor review by the public and City Council at two or more public hearings as necessary, in
accordance with the City's proposed timeline.
Section 5. Working with the demographic consulting firm, staff is directed to publicize
relevant maps, information, notices, agendas, and other materials regarding by-district elections and
to establish means of communication to answer questions from the pubfic.
Section 6. All public hearings shall be noticed as follows: posting on the City's website at
least teñ (10) calendar days in advance of the hearing and publication at least ten (10) days in
advance of the hearing in the newspaper adjudicated to provide notice within the City.
Section 7. The City Attorney and the City Manager are authorized to take any and all other
necessary actions to give effect to this Resolution.
Section 8. This Resolution shall become effective immediately upon its adoption.
Dated: December12,2017
I hereby certify that Resolution No. 2017-223 was passed and adopted by the City Council of
the City of Lodi in a special meeting held December 12,2017 , by the following vote:
AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS - Chandler
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
DISQUALIFIED: COUNCIL MEMBERS - None
N
2017-223
Clerk
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EXHIBIT "A''
GALIFORNIA VOTING RIGHTS ACT (CVRA) DISTR¡CT ELECTION TIMELINE
All public hearings will take place during a City Council meeting starting at 7:00 p.m. in the City
Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, CA 95240.
City receives letter alleging violation of California Voting Rights Act October 31,2017
Special Meeting: City Council adopts resolution setting forth intention and
timeline for adopting by-district elections.
December 12,2017
Fublic H-ıar¡ng: Overview of the process and city demographics. Gather
input from public to be used in establishing options for district boundaries.
Adopt resolution setting forth mandatory and permissive districting criteria.
December 20,2017
Public Hearing: Seco hearing to gather input from public to be used in
establishing options for district boundaries.January 17,2018
Draft maps available for public review On or before
January 23,2018
Public Hearing: First public hearing to discuss and take public comment
on draft maps and proposed sequence of elections.January 31,2018
Public Hearing: Second public hearing to discuss an
comment on draft maps and proposed sequence of elections.
d take public
February 7,2018
Publish final map for public review February 10,2018
Public Hearings: Public hearing to discuss and take public comment on
final map and proposed sequence of elections.
lntroduce ordinance for first reading establishing district boundaries and
transition plan/sequence of elections.
February 21,2018
Public Meeting: Second reading and adoption of o
district maps and transition plan/sequence of elections
rdinance establishing
March 7,2018