HomeMy WebLinkAbout24406 RESOLUTION NO. 24406
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO TRANSITION FROM AT-LARGE
ELECTIONS TO DISTRICT-BASED ELECTIONS PURSUANT
TO ELECTIONS CODE SECTION 10010
WHEREAS, the City Council of the City of Palm Springs (City) are currently
elected in at-large elections, in which each 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 from an "at-large" system to a "by-district" system; and
WHEREAS, the City received a certified letter on March 5, 2018, from Kevin I.
Shenkman, Esq., on behalf of his client Southwest Voter Registration Education Project,
containing allegations that the City's at-large electoral system violates the California
Voting Rights Act (CVRA) and threatening litigation if the City declined to adopt a
district-based electoral system; and
WHEREAS, the City denies that its election system violates the CVRA or any
other provision of law and asserts that Palm Springs's electoral system is legal in all
respects and further denies any wrongdoing whatsoever in connection with the manner
in which it has conducted its City Council elections; and
WHEREAS, the City commitment to diversity and inclusiveness reflect
established qualities of the Palm Springs community, demonstrated and documented by
the work of the City's Ethics, Transparency and Government Reform Task Force, the
City's Human Rights Commission, and the City Council; and
WHEREAS, the City interest in preserving the integrity of its established
neighborhoods as communities of interest dictates that the City take aggressive action
to prevent any outside party drawing the lines that create districts under the CVRA, and
a City decision not to adopt this Resolution has the potential result of allowing that to
happen; and
WHEREAS, although the letter from Kevin I. Shenkman, Esq. was not
accompanied by any evidence to support the claim of a CVRA violation, the City Council
has concluded that the public interest would be better served by an orderly transition to
a district-based electoral system, because: 1) the extraordinary cost to defend against a
CVRA lawsuit, 2) the risk of losing such a lawsuit would require the City to pay
prevailing plaintiff's attorney's fees, 3) reimbursable costs and attorney's fees are
capped at a maximum of $30,000 by following the procedures set forth in Elections
Code Section 10010 as amended by Assembly Bill 350, and 4) the City will be able to
Resolution No. 24406
Page 2
retain and preserve the maximum level of autonomy and capacity to engage with, and
respond to the community during the process of CVRA district implementation, and
hopefully secure additional time for the process of that implementation, beyond the
statutory timeline in Assembly Bill 350; and
WHEREAS, prior to the City Council's consideration of an ordinance to establish
boundaries for a district-based electoral system, Elections Code Section 10010 requires
all of the following at a minimum:
1) Prior to drawing a draft map or maps of the proposed boundaries of the
districts, the City shall hold a 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, the 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.
3) The City Council shall also hold at least two (2) additional Public 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.
4) The first version of a draft map shall be published at least seven (7) days
before consideration at a Public Hearing. If a draft map is revised at or
following a Public Hearing, it shall be published and made available to the
public for at least seven (7) days before being adopted.
WHEREAS, the City will continue utilizing the services of a professional
demographer to assist the City in developing a proposal for a district-based electoral
system consistent with advancing the goals of the CVRA and the City as reflected in this
Resolution, e.g., diversity, inclusiveness, integrity of neighborhoods as communities of
interest, etc.; and
WHEREAS, the adoption of a district-based electoral system will not affect the
terms of any sitting Councilmember, each of whom will serve out his or her current term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Resolution No. 24406
Page 3
SECTION 1. Based upon the true and correct recitals above which are
incorporated herein by this reference, the City Council hereby resolves and states its
intention to adopt an ordinance, pursuant to California Government Code section
34886, to transition election of its City Council members from an at-large electoral
system to a district-based electoral system, for use in the City's next General Municipal
Election, scheduled for November 2019.
SECTION 2. In the event that a district-based electoral system is adopted, it is
the City Council's desire and intention that City resources will continue to be prioritized
based on the greatest citywide need and benefit, and that the City Council will work
cooperatively with one another for the benefit of the entire City.
SECTION 3. The City Council directs the City Clerk and City Attorney to continue
working with a professional demographer, and other appropriate consultants as needed,
to provide a detailed analysis of Palm Springs's current demographics and any other
information or data necessary to prepare a draft map that divides Palm Springs into
voting districts in a manner consistent with the intent and purpose of the CVRA and the
Federal Voting Rights Act.
SECTION 4. In adopting this Resolution, the City Council has determined that it
will gather and study demographic data, secure the broadest and deepest community
involvement in this process that can be achieved, and create CVRA-compliant districts
that best serve the City as a whole. The number and form of the districts will be
determined after extensive consultation with Palm Springs residents, business leaders
and other interested persons.
SECTION 5. The City has reached an agreement with attorney Kevin I.
Shenkman, Esq. Attorney Shenkman to extend the CVRA deadline before which the
City must adopt an ordinance mandating the particulars of the City's transition to a
district-based electoral system, until December 31 , 2018. This extension eliminates the
requirement that the City complete the CVRA process ninety (90) days from the
adoption of this Resolution, i.e., by July 18, 2018; the extension allows the City to adopt
an ordinance transitioning to district-based elections beyond that date, until December
31, 2018. However, the extension does not impact or modify CVRA requirements that
pertain to the content of, and/or the timing and relationship among and between CVRA
public hearings, the relationship of those four (4) mandatory public hearings to the
district maps to be created (including publication requirements), or the general rule that
requires the passage of not less than five (5) days between the introduction and the
adoption of an ordinance.
SECTION 6. The City Council directs the City Clerk to post all information
regarding the proposed transition to a district-based electoral system on the City's
website, including maps, notices, agendas and other information as soon as practicable
after the information becomes available.
Resolution No. 24406
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SECTION 7. If any provision or clause of this Resolution is held invalid,
unconstitutional, or otherwise repealed by act of law, such invalidity shall not affect any
other provisions or clauses of the same which can be given effect without the invalid
provision, clause, or application. To this end, the provisions and clauses of this
Resolution hereto are declared to be severable.
SECTION 8. This Resolution shall take effect immediately upon adoption.
SECTION 9. Based upon the whole of the administrative record before it, the
City Council hereby finds that a transition from at-large to district-based elections is
exempt from environmental review under the California Environmental Quality Act
("CEQA") (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines
(Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3), 15320, and
15378(b)(3). Adoption of this Resolution is an organizational and administrative activity
of the City, does not have the potential to result in either a direct or reasonably
foreseeable indirect physical change in the environment, and is therefore not a project
for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the
event adoption of this Resolution does constitute a project, it is categorically exempt
under the Class 20 (Changes in the Organization of Local Governments) categorical
exemption. (State CEQA Guidelines, § 15320.) Further, none of the exceptions to the
exemptions found in State CEQA Guidelines section 15300.2 apply. Staff is hereby
directed to prepare, execute and file with the Riverside County Clerk a CEQA Notice of
Exemption within five (5) working days of the adoption of this Resolution.
THIS SPACE INTENTIONALLY BLANK
SECTION 10. The City Clerk of the City of Palm Springs shall certify to the
passage and adoption of this Resolution and its approval by the City Council and shall
cause the same to be listed in the records of the City.
David H. Ready, Esq., P .
City Manager
ATTEST:
V'Vo C
nthony J. e
City Clerk
Resolution No. 24406
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24406 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 195t day of April, 2018, by
the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
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Anthony J. M ,
City Clerk