AGENDA
Special City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Thursday, March 21, 2024
Open Session: 6:00 pm.
Agendas for all City Council meetings are posted at least 72 hours prior to the meeting in the kiosk just outside of City Hall, 130 S. Second St., Chowchilla, CA 93610.
The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665- 8615, ext. 102, at least four days prior to a regular meeting and one day for a special meeting.
California Levine Act Statement:
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Chowchilla City Council Member from participating in any action related to a license, permit, contract, or entitlement for use application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from the business/board or applicant.
The Levine Act also requires a member of the Chowchilla City Council who has received such a contribution to disclose the contribution on the record of the proceeding.
CALL TO ORDER/ROLL CALL
Mayor: Kelly Smith
Mayor Pro Tem: Waseem Ahmed
Council Members: Ray Barragan, John Chavez, Jeff Troost City staff and contract employees present will be recorded in the minutes.
OPEN SESSION – 6:00 pm
PLEDGE OF ALLEGIANCE
INVOCATION:
NEW BUSINESS - Section 1
1.1 Consideration and Adoption of a City Council Resolution to Initiate a Transition to a District-Based Election System (Lerner)
ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA, and made available for public review on this 20th day of March 2024 at or before 5:00 pm.
Joann McClendon, CMC, City Clerk
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REPORT TO THE CITY COUNCIL
Item 1.1
CLICK HERE
TO RETURN TO
THE AGENDA
Special Meeting of: March 21, 2024
AGENDA SECTION: New Business
SUBJECT: Consider a Resolution to Initiate a Transition to District-Based Election System
PREPARED BY: Mary Lerner, City Attorney
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒
RECOMMENDATION:
The City Council should consider adopting a resolution to initiate a transition to a district-based election system.
BACKGROUND:
City Council members are currently elected under an “at-large” method of election, where Council members can live anywhere within the City’s boundaries, and registered voters within the City may vote for all seats on the Council. The California Voting Rights Act, enacted in 2001, allows voters to sue a public agency for using “at-large” elections. A violation of the CVRA is established if it is proven that the City’s at-large elections have resulted in “racially polarized voting” and “vote dilution.” “Racially polarized voting” means voting where there is a difference between candidates or other electoral choices preferred by voters in a protected class and those preferred by voters in the rest of the electorate. “Vote dilution” occurs when an at-large system denies a protected class the potential to elect its preferred candidate or influence the election’s outcome.
District-Based Elections
The only method of election with a proven track record of protecting public agencies from a CVRA violation is district-based elections. As a result, many public agencies, either on their own initiative or in response to a threat of a CVRA lawsuit, transition to district-based elections. District-based voting systems are ones in which a city is divided into separate geographic districts, each of which elects its own representative(s) who reside(s) in the district and who is/are elected only by the voters residing in that district. Districts are balanced by voter population to ensure no violation of the “one person, one vote” rule. Under the “one person, one vote” rule, voting districts must be relatively equal in size so that each citizen’s voting power is roughly equivalent to every other citizen voting on the matter.
Letter from Scott Rafferty
In February 2024, the City received a letter from Attorney Scott Rafferty alleging that the City’s at-large method of elections violate the CVRA. In this letter, Mr. Rafferty indicates his belief that the City should adopt district-based elections. The letter does not provide any specific demographic data or analysis in support of his claim, though Mr. Rafferty indicates more information regarding his concerns will be provided at a later date. Upon receipt of Mr. Rafferty’s letter, the City is provided 45 days of safe harbor protections against a CVRA lawsuit. If, within that 45-day period the City passes a resolution indicating an intent to adopt district-based elections, the City will be provided an additional 90 days of safe harbor protections in order to complete the process to change its method of election.
The Financial Cost of Defending CVRA Lawsuits
Rather than transition to district-based elections, some public agencies choose to defend against a potential CVRA litigation. It is important to note that CVRA lawsuits are usually very expensive for the agency to be challenged, regardless of the lawsuit’s outcome. In addition to its own attorneys’ fees, a public agency facing a voting rights challenge may be required to pay the attorneys’ fees and costs for the plaintiff.
Process for Creating Districts
In order to initiate the process of transitioning to district-based voting, the Council must first adopt a resolution setting forth its intention to change its election system (“resolution of intention”). Following the passage of the resolution of intention, the Council must hold two (2) public hearings. During those hearings, the public is invited to provide input regarding the composition of the districts. Usually, these public hearings are held during regularly scheduled city council meetings; however, the Council can also schedule them during special meetings. The City will also need to engage a demographer to draft a map of proposed districts. The City must publish at least one draft of the proposed district map and, if council members will be elected in their respective districts at different times to provide for staggered terms of office, the potential sequence of the elections.
Following the first two public hearings, the Council will then hold at least two (2) additional hearings, during which the public may provide input regarding the draft maps and the proposed sequence of elections. Depending on the amount of revisions made to the proposed maps, it may be necessary to hold more than two hearings. The draft maps and sequence must be published at least seven (7) days before those hearings. After those two hearings are complete, the Council must hold a fifth public hearing to approve the final map and approve or defeat the ordinance establishing district-based elections. The Council must approve and adopt the final map and the ordinance transitioning to districtbased elections within ninety (90) days of passing the resolution of intention in order to fully avail itself of the safe harbor protections under the CVRA.
RECOMMENDED ACTION
Given the issues noted above, Staff recommends that Council adopt a resolution of intention committing the City to convert to district-based elections. Accordingly, a draft Resolution of Intention is provided for Council’s consideration.
COUNCIL RESOLUTION # -24
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF CHOWCHILLA, CALIFORNIA
TO INITIATE A TRANSITION TO A DISTRICT-BASED ELECTION SYSTEM WHEREAS, the City Council for the City of Chowchilla (“Council”) is currently elected “atlarge,” meaning that each council member is elected by voters of the entire City; WHEREAS, the California Voting Rights Act (Elec. Code, § 14025, et seq.) (“CVRA”) disfavors the use of an “at-large” election system for city council members if the “at-large” election system may impair the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election;
WHEREAS, the Council desires to promote meaningful voter involvement in the election of council members and increase the ability of candidates to seek elected office; WHEREAS, in February 2024, the City received a letter by certified mail from Attorney Scott Rafferty asserting the City’s at-large method of electing the City Council violates the CVRA; WHEREAS, the City denies that its election system violates the CVRA, but in light of the potential risk and cost associated with litigation over the City’s method of election, the Council believes that the public interest will be better served by a transition to a “district-based” election system, where council members are elected by the registered voters residing within the election district in which the candidate resides;
WHEREAS, the boundaries for election districts in a district-based election system are established based on population counts and demographics from the most recent United States census;
WHEREAS, in accordance with Elections Code section 10010, the transition to districtbased elections would require the Council to hold multiple public hearings within specified timeframes, including two public hearings to gather input on potential map development, two public hearings to review and comment on proposed maps, and an additional public hearing prior to the Council voting to approve an ordinance establishing district-based elections; WHEREAS, the adoption of district-based elections will not affect the terms of any council members serving or elected during this transition, each of whom will serve out his or her full term; and
WHEREAS, pursuant to Government Code section 34886, the Council may adopt an ordinance to transition to district-based elections for council members without submitting the ordinance to an election by the City’s voters.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The above recitals are true and correct;
2. The City Council shall commence the process of transitioning to district-based elections in full compliance with all appropriate procedures and policies provided in law, including but not limited to the Government Code and Elections Code sections 10010 and 14025, et seq.;
2 3. The City Council hereby approves the tentative timeline set forth in Exhibit A for conducting public hearings. The City Administrator or designee shall make changes to the timeline should such changes become prudent or necessary;
4. The City Administrator or designee is hereby directed to ensure that a reputable demographer is engaged as soon as possible to ensure that the City is able to complete the adoption of district-based elections in a timely fashion;
5. The City Administrator, or designee, shall consult with legal counsel to take all steps necessary to implement and give effect to this resolution; and
6. The foregoing resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 21st day of March 2024 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
3 Exhibit A
Tentative Timeline
Action Date of Council
Meeting Location of Council Meeting
1. Council holds public hearing
to gather community input
regarding potential
composition of district
boundaries
April 9, 2024 Council Chambers, City Hall
(130 S. Second Street)
2. Council holds public hearing
to gather community input
regarding potential
composition of district
boundaries
April 23, 2024 Council Chambers, City Hall
(130 S. Second Street)
3. Council holds public hearing
to gather community input
regarding draft district maps
and election sequencing.
May 14, 2024 Council Chambers, City Hall
(130 S. Second Street)
4. Council holds public hearing
to gather community input
regarding draft district maps
and election sequencing.
Council may also consider
selecting district map and
election sequencing.
May 28, 2024 Council Chambers, City Hall
(130 S. Second Street)
5. Council holds public hearing
to gather community input
regarding ordinance to
establish district-based
elections. Council may also
vote to adopt said
ordinance.
June 11, 2024 Council Chambers, City Hall
(130 S. Second Street)