RESOLUTION NO. ____-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL, DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICTBASED ELECTIONS BY THE NOVEMBER 2024 GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10010(e)(3)(A), AND
FINDING THIS TRANSITION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(b)(3), 15320, AND 15378(b)(5)
WHEREAS, the City Council of the City of Pleasant Hill is an elected legislative and deliberative public body serving the citizens of the City of Pleasant Hill, a California general law city; and
WHEREAS, the members of the City Council are elected in November of even-numbered years (November, 2024, 2026, 2028, etc.); and
WHEREAS, the City presently has an at-large election system (where the entire jurisdiction votes for each member of the City Council) rather than a by-district election system (where the jurisdiction is divided into districts, each Council candidate must reside in the district he or she represents, and only voters within a given district vote for that district’s Councilmember); and
WHEREAS, in 2003, the California Voting Rights Act (“CVRA”) became law, and the CVRA, in an attempt to prevent the disenfranchisement of protected classes of persons, establishes a low bar for attorneys and other persons seeking to force cities and other public entities to convert from at-large to by-district elections; and
WHEREAS, public agencies that have been sued under the CVRA have typically been forced to pay large sums to settle with plaintiffs’ attorneys; and WHEREAS, on January 19, 2023, the City received a letter from the law firm of Shenkman & Hughes, alleging that the City’s at-large election system dilutes the ability of certain protected classes of persons within the City to elect candidates of their choice or to influence an election, thereby violating the CVRA, and demanding the City notify them of its intent to change to a bydistrict election system; and WHEREAS, the City Council desires to avoid the high costs and legal risks associated with a CVRA lawsuit; and
WHEREAS, the California Legislature adopted Elections Code section 10010 to cap the attorneys’ fees a prospective plaintiff may recover if a public agency adopts a resolution of intention to change to a by-district system of elections within 45 days of the receipt of a letter from that prospective plaintiff alleging a CVRA violation; and WHEREAS, the City Council has determined that it is in furtherance of the purposes of the CVRA to transition from at-large to district-based elections; and WHEREAS, the City Council desires to declare its intention to adopt an ordinance pursuant to Government Code section 34886 and Elections Code section 10010 transitioning from at-large to district-based elections for the next general municipal election, establish specific steps it will undertake to facilitate this transition, and establish an estimated time frame for doing so.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that,
SECTION 1. Incorporation of Recitals. The City Council finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. CEQA. 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 Contra Costa County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Resolution.
SECTION 3. Intention to Transition to District-Based Election System. Prior to the November 2024 General Municipal Election, the City Council intends to adopt an ordinance, pursuant to Government Code section 34886 to transition the election of its City Councilmembers from an at-large electoral system to a district-based system.
SECTION 4. Instructions Related to Transition. Following the effective date of this resolution, taking into consideration the time required for public outreach and input, and the timeframes established by the California Elections Code, the following actions shall be taken by the City and the City Council in accordance with Elections Code section 10010(a):
(i) Conduct public outreach, including to non-English-speaking communities, to explain the districting process and to encourage public participation; (ii) Before drawing a draft map or maps of the proposed district boundaries, hold at least two public hearings at which the public is invited to provide input regarding the composition of the districts and to consider district boundaries as provided in Elections Code Section 10010; (iii) After drawing a draft map or maps, publish the draft map(s) and the potential sequence of the district elections, and hold at least two public hearings at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections; and
(iv) Hold a public hearing at which the City Council will consider and adopt an ordinance establishing district elections, including the adoption of a district boundary map and the sequence of the district elections.
SECTION 5. Severability. 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 6. Effective Date. This Resolution shall take effect immediately upon adoption.
SECTION 7. Certification. The City Clerk shall certify to the adoption of this resolution.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 6th day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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TIMOTHY M. FLAHERTY, Mayor
ATTEST:
DANIELLE K. NAVARRO, City Clerk