CITY OF LAGUNA NIGUEL
City CouncIl AgendA ITeM
To: Honorable Mayor and Council Members
FROM: Scott C. Smith, City Attorney
DATE: September 5, 2023
SUBJECT: First Public Hearing to Consider Composition of Districts For By-District Elections
RECOMMENDATION
Staff recommends that the City Council conduct the first public hearing, receive and consider input from the public, and provide further direction to City staff.
BACKGROUND
The City of Laguna Niguel currently elects its five-member City Council through an "at- large" electoral system in which each Council Member may reside anywhere within the City's boundaries, and each member is elected by the voters of the entire electorate to provide Citywide representation. This is in contrast to a "by district" electoral system where the City is divided into geographical districts, each Council candidate must reside in the district he or she will represent, and only voters within a given district vote for that district's Council Member
On June 16, 2023, the City received a letter from the Law Offices of Michelle R. Jackson on behalf of unnamed community group and minority voters residing within the City, claiming that the City's at-large voting system dilutes the ability of minority voters to elect candidates of their choice or to otherwise influence the outcome of City elections. As a result, Ms. Jackson claims, the City's at-large elections violate the California Voting Rights Act ("CVRA"). This letter is sent as a prerequisite to any lawsuit claiming CVRA violations.
In response to Ms. Jackson's claim, the City Council adopted a Resolution of Intention to transition to by-district elections at its Special meeting held on July 26, 2023.
ANALYSIS
Before adopting district-based elections, the City must first prepare a draft map or maps.
However, before drawing a map, the City must hold at least two public hearings over a period of no more than 30 days. The public must be invited to provide input regarding the districts' boundaries and composition. The September 5, 2023 City Council meeting hearing is the first of the two pre-map hearings, with the second scheduled for September 19, 2023. As part of the September 5, 2023 Public Hearing the City will receive a presentation by its contracted demographer. The presentation will include an overview of the transition-to-district process, including the various criteria used to create draft district maps. The City's current demographic statistics will be shared, and the public will be given the opportunity to express preferences for how the districts are drawn.
The map drawing process by the City begins after these initial two public hearings. The City Council will then define the criteria used to create one or more proposed district maps and present the draft map or maps for public comment and review in two subsequent public hearings. The proposed maps will be provided at least seven days prior to each of these public hearings. The final third and fourth public hearings must be held within 45 days of each other.
During the third and fourth public hearings, the Council will also need to determine the "sequencing" of the elections. This means that the Council will need to decide which districts will first have elections on which dates.
All hearings will be held in the City Hall - Council Chamber, 30111 Crown Valley Parkway, Laguna Niguel, California.
To increase public awareness of the transition to district elections, the City will use a variety of public communication channels to engage members of the community.
Districting information will continue to be featured on the City's website at the following web address: https://www.cityoflagunaniguel.org/Districting. In addition, the City's website and social media channels will be populated with information about how the public can participate and also provide answers to frequently asked districting questions.
The next public hearing for the City Council to receive and consider input from the public concerning the composition of voting districts is scheduled for September 19, 2023. The public is also encouraged to provide input via email to [email protected], to drop it off at City Hall, or mail it to the City Clerk.
ALTERNATIVES CONSIDERED
The City Council could choose not to hold the first public hearing. Staff, however, does not recommend this action, as the failure to convene would disrupt the City's process of transitioning to district-based elections.
FISCAL REVIEW
No additional costs are connected to this step of the districting Public Hearing process.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report.
CONCLUSION
Staff recommends that the City Council hold the first public hearing, receive and consider input from the public, provide further direction to City staff.
Samara S Letouseau Lanet Nu
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
pati Musti
Justin J/ Martir
Assistant City Manager