Attachment 1
1 RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK
DECLARING ITS INTENT TO INITIATE PROCEDURES FOR A
TRANSITION FROM AT-LARGE TO DISTRICT-BASED COUNCIL
MEMBER ELECTIONS PURSUANT TO ELECTIONS CODE SECTION
10010 AND GOVERNMENT CODE SECTION 34886, AUTHORIZING THE
CITY ATTORNEY TO HIRE NATIONAL DEMOGRAPHICS
CORPORATION; AND APPROVING A TENTATIVE TIMELINE FOR
CONDUCTING PUBLIC HEARINGS, FORMULATING PROPOSED
DISTRICT MAPS, AND PRESENTING A DRAFT ORDINANCE TO
COUNCIL FOR DECISION
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
WHEREAS, pursuant to Section 305 of the City Charter, members of the Council of the City of Burbank are currently elected through at-large elections, that is, each member is elected through a city-wide vote; and
WHEREAS, California Elections Code Section 14027 prohibits the implementation of an at-large electoral system 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; and
WHEREAS, California Government Code Section 34886 authorizes the legislative body of a city, under certain circumstances, to adopt an ordinance to change its method of election from an at-large system to a district-based system in which either each council member is elected only by the voters in the district in which the candidate resides; and
WHEREAS, Section 800 of the City Charter requires, “Except as otherwise provided by this Charter or ordinance, all municipal elections shall be held in accordance with the election laws of the State of California”; and
WHEREAS, on August 23, 2022, the Cit y received by certified letter a notice of a potential violation of the California Voting Rights Act (CVRA) on behalf of a Latino voter in the City (“Certified Letter”). The Certified Letter asserts that the City's at-large council member election system may violate the California Voting Rights Act ("CVRA") and threatens litigation if the City does not voluntarily transition to a district -based election system for electing its council members; and
WHEREAS, the City has a long history of electing persons of Latino background to its City Council and therefore the City does not believe that its election system violates the CVRA or any other provision of law and asserts that Burbank’s election system is legal in all respects; and
WHEREAS, the CVRA manifests a preference for California jurisdictions to implement by-district elections because by -district elections are not subject to challenge under the CVRA and the Council has determined that the public interest is better served Attachment 1
2 by initiating a process for transition to a district-based election system and thereby avoiding the risk and costs associated with defending a lawsuit under the CVRA; and
WHEREAS, the California Legislature amended Elections Code Section 10010 and enacted Government Code Section 45886 to provide a method whereby a jurisdiction can expeditiously transition to a district-based election system and thereby avoid the high cost of litigation under the CVRA; and
WHEREAS, California Elections Code Section 10010 will delay CVRA litigation and place a cap on the recovery of attorneys’ fees associated with a CVRA claim, if, within ninety (90) days of passage of this resolution (or as otherwise stipulated by the parties), the City adopts an ordinance transitioning to a district-based election system consistent with the intent and purpose of the CVRA; and
WHEREAS, prior to the City Council's consideration of an ordinance to establish district boundaries for a district-based electoral system and holding a public hearing on that proposed ordinance, California Elections Code Section 10010 requires all of the following:
1. Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at 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, 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 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 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 (7) days before being adopted; and
WHEREAS, the City desires to retain an experienced, qualified demographer National Demographics Corporation to assist the City in the development of a proposal for a district-based electoral system; and
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Burbank declares, directs and orders as follows:
1. The City Council hereby resolves to consider adoption of an ordinance, as authorized by Government Code Section 34886 and consistent with Elections Code Section 10010, to transition to a district-based election system for use in the City's General Municipal Election for City Council members beginning in November 2024.
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3 2. The City Council authorizes the City Attorney or their designee to retain National Demographics Corporation, to prepare a detailed analysis of the City’s demographics and to formulate, for review by the public and the City Council, one or more electoral district scenario maps, each fully consistent with the intent and purpose of the California Voting Rights Act, the Federal Voting Rights Act, and California Elections Code section 21621.
3. Working with National Demographics Corporation , staff is directed to publicize and post information regarding the proposed transition to a district-based election system, including relevant maps, notices, agendas and other information and to establish a means of communication to receive comments and answer questions from the public.
4. The City Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a part of this resolution, for conducting public hearings to solicit and receive public input and testimony on proposed district-based electoral maps and for the City Council’s evaluation, possible refinement and ultimate adoption of a district-based election system for election of City Council members.
5. The timeline contained in Exhibit A may be adjusted by the Council in future consent calendars as the City Attorney deems necessary or appropriate to enhance the process of receiving public input and City Council consideration of districting options, provided that such adjustments shall not prevent the City from complying with the general time frames specified by Elections Code Section 10010 for public hearings, or such other timeframes as may be convenient and appropriate.
6. City Council authorizes an amendment to the Fiscal Year (FY) 2022 -23 Adopted Budget by appropriating $100,000 from account number 001.ND000.30010.0000.00000.000000 (General Fund, Non- Departmental, Unassigned Fund Balance) to expenditure account number 001.ND01A.62085.0000.00000.000000 (General Fund, Non-Departmental, Other Professional Services). Funds will be used to hire National Demographics Corporation (NDC) as a consultant and for the purpose and intent to transition from at-large voting to by-district voting by establishing single-member districts for City Council elections.
PASSED and ADOPTED this ____ day of January, 2023.
______________________________
Konstantine Anthony
Mayor
Approved as to Form:
Office of the City Attorney
Attest:
_________________________ By: _________________________ Kimberley Clark, City Clerk Joseph H. McDougall City Attorney
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4 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Burbank at its regular meeting held on the ___ day of January, 2023, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk
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5 EXHIBIT A
TENTATIVE TIMELINE: CONSIDERATION AND IMPLEMENTATION OF "DISTRICT- BASED” ELECTION SYSTEM
TENT. DATE EVENT COMMENT
January 24, 2023 Resolution of Intention CVRA Action cannot be commenced for 90 days.
January 25 – February 13,
2023
Public Outreach &
Workshops
Re: Process & Participation
No Maps Yet Drawn
February 2023 Two Public Hearings Re: Composition of Districts No Maps Yet Drawn
March 7, 2023 Publish Draft Maps and
Potential Sequence of
Elections
At least 7 Days Before
Public Hearings re Content
of Maps
March 2023 Two Public Hearings Re: Content of Draft Maps and Sequencing of Elections
April 4, 2023 Publish Amended Draft
Maps and potential
sequence of Elections and
Election Sequence
7 Days Before Introduction
of Districting Ordinance
April 11, 2023 Hold Public Hearing
Select Map
Introduce Ordinance
Establishing By-district
Elections, Including District
Boundaries & Sequence
April 25, 2023 2nd Reading and Adoption
of Ordinance Establishing
By-District Elections
April 25, 2023 Day 90
November 2024 Elections in Two New
Districts in Accordance
With Ordinance
November 2026 Elections in Three New
Districts in Accordance
With Ordinance