RESOLUTION NO. 2022-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
INITIATING A TRANSITION TO A DISTRICT-BASED ELECTION SYSTEM WHEREAS, the City Council (“Council”) of the City of Gonzales (“City”) is currently elected “at-large,” meaning that each councilmember is elected by the voters of the entire City; and
WHEREAS, the California Voting Rights Act (Elec. Code. Sections 14025, et seq.) (“CVRA”) disfavors the use of the “at-large” election system for city councilmembers based on the fact that the “at-large” 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; and WHEREAS, the City received a letter on April 28, 2022, from the League of United Latin American Citizens, (“LULAC”), District 12, asserting that the City’s at-large councilmember electoral system violates the CVRA and threatening litigation if the City declines to voluntarily change to a district-based election system for electing councilmembers; and WHEREAS, LULAC’s April 28, 2022 letter does not present an analysis of the City’s current at-large voting system or any evidence in support of its assertion that said system is in violation of the CVRA; and
WHEREAS, the City denies its current election system violates the CVRA or any other provision of law and asserts the City’s election system is legal in all respects, and further denies any wrongdoing whatsoever in connection with the manner in which it has conducted previous City Council elections; and
WHEREAS, notwithstanding the foregoing recital, the Council desires to promote meaningful voter involvement in the election of councilmembers and increase the ability of candidates to seek elected office; and
WHEREAS, the Council understands the underlying principle of the CVRA, namely, that the public interest is better served by use of a “district-based” elections system, where councilmembers are elected only by the registered voters residing within the election district in which the council candidate resides; and
WHEREAS, the Council concedes that a change to district-based elections is in the best interest of the City and will further the purposes of the CVRA; and WHEREAS, the Council also wishes to avoid potential significant expenses involved in litigating a CVRA claim; and
WHEREAS, the City intends to transition from an at-large voting system to a districtbased system in accordance with the procedural rules outlined in Government Code Section 34886 and Elections Code Section 10010; and
WHEREAS, in accordance with Elections Code Section 10010, the so-called “safe harbor” transition provisions of the Code, transition to “district-based” 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; and WHEREAS, in light of the work necessary to effectuate an elections process transition, City’s aforesaid intent to transition to district-based voting pursuant to the safe harbor transition provisions found in Elections Code Section 10010 is premised on LULAC’s willingness to enter into a tolling agreement by which the period for transitioning is extended from 90 to 180 days, during which time LULAC may not initiate litigation pursuant to the CVRA and is subject to limits on seeking attorneys’ fees associated with CVRA claims and litigation. A Tolling Agreement, in substantial form and content contemplated by City and LULAC, is attached hereto as Exhibit “A”; and
WHEREAS, pursuant to Government Code Section 34886, the Council may adopt an ordinance to transition to district-based elections for councilmembers without submitting the ordinance to an election of the City’s voters, as long as the adoption of said ordinance comports with the requirements of Elections Code Sections 21601 and 21621; and WHEREAS, Staff has determined that the proposed action is not a “project” as defined by the California Environmental Quality Act (“CEQA”) (CCR, Title 14, Chapter 3 (“CEQA Guidelines”), Article 20, Section 15378) and that as such is not subject to CEQA analysis, and additionally, per CEQA Guidelines Section 15061, CEQA does not-apply to this action since it has no potential for causing a significant effect on the environment.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Gonzales as follows:
1. All of the recitals set forth above are true and correct and by this reference are incorporated herein as findings.
2. The Council hereby expresses its intent to transition from at-large to district-based elections, following the process set forth in the California Elections and Government Code, including but not limited to Elections Code Section 10010 and Government Code Section 34886, with relevant time and attorneys’ fees limits extended to one-hundred-and-eighty (180) days by a Tolling Agreement executed by the City and LULAC. The City Manager is hereby authorized and directed to execute said Tolling Agreement, a draft of which is attached hereto as Exhibit “A” and by this reference incorporated herein, after it has been placed in final form by the City Attorney.
3. Election district boundary lines shall be developed based on the most updated federal decennial census data to provide for “district-based” elections to be implemented in the 2024 election cycle in accordance with applicable law.
4. Multiple public hearings in accordance with Elections Code Section 10010 and other applicable laws shall be scheduled to obtain public input on the draft election district maps and proposals.
5. The City Manager is hereby directed and authorized to contract with a reputable demographer as soon as possible following the adoption of this resolution to ensure that the City is able to move with all deliberate speed in transitioning to a district-based election system.
6. The City Manager is directed to bring back an outline and schedule for the abovereferenced transition process for Council review and approval.
7. This resolution shall take effect immediately upon its adoption, but is subject to rescission without further action of the Council if the Tolling Agreement referenced in Section 2 is not executed by all parties by July 29, 2022.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting held on the 18
th day of July, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
________________________________
Mary Villegas, Deputy City Clerk