CITY COUNCIL STAFF REPORT
Meeting Date: March 20, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: FIRST PUBLIC HEARING TO CONSIDER COMPOSITION OF
DISTRICTS FOR BY-DISTRICT ELECTIONS AND SCHEDULE FOR
FUTURE HEARINGS
PURPOSE
The purpose of this hearing is to hold the first of four required public hearings to receive input from the community concerning transitioning to by-district elections, and review a proposed schedule for future hearings.
Background:
On March 6, 2023, the City Council adopted Resolution No. 20-23 declaring its intention to transition to district-based elections. This action was taken in response to the January 19, 2023 letter received from Kevin Shenkman of the Law Offices of Shenkman and Hughes that claimed the City’s at-large system of voting dilutes the ability of Latino and Asian voters to elect candidates of their choice or to otherwise influence the outcome of the City’s elections. This letter is the first step before a potential lawsuit can be filed claiming the City has violated the California Voting Rights Act.
Analysis:
If the City follows the “safe harbor” process set forth in Assembly Bill 350, a lawsuit can be avoided and the plaintiffs’ fees and costs will be capped at approximately $34,000. Pursuant to Elections Code § 10010, the City must hold at least four public hearings in connection with the establishment of electoral districts. The City is required to hold at least two public hearings over a period of no more than 30 days before any map or maps of the boundaries for the proposed voting districts are drawn. These first two hearings are for the purpose of developing the criteria that will be used for drawing the maps. At these first two public hearings, the community is invited to provide input regarding the composition of the districts.
The map drawing process 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.
Staff is proposing the following schedule, which complies with Elections Code § 10010 (AB 350):
Date Meeting Type Public
Hearing No.
Description
April 3, 2023 Regular Meeting -
Public Hearing 2
Further public input on baseline and
census geography, race/ethnicity density,
and zoning and general plan information
April 24, 2023 N/A N/A Publishing of proposed map(s)
May 1, 2023 Regular Meeting -
Public Hearing 3
Discussion of proposed district map(s)
and sequence of elections
May 8, 2023 N/A N/A Publishing of amended map(s), if
applicable
May 15, 2023 Regular Meeting -
Public Hearing
4 Public input and possible revisions to
proposed district map(s); possible
introduction of ordinance setting forth
district map and election sequencing
June 5, 2023 Regular Meeting -
Public Hearing 5
Adoption of ordinance setting forth
district map and election sequencing
All hearings will be held in the City Hall – Council Chamber, 100 Gregory Lane, Pleasant Hill, CA 94523.
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:
www.pleasanthillca.org/districts. In addition, the City’s website will be populated with information about how the public can participate and also provide answers to frequently asked district questions.
The next public hearing to receive and consider input from the public concerning the composition of voting districts is scheduled for April 3, 2023. The public is also encouraged to provide input via email to [email protected]. Input also may be dropped off at the City Offices or mailed to the City Clerk at the following address:
City of Pleasant Hill
Attn: City Clerk
100 Gregory Lane
Pleasant Hill, CA 94523
FISCAL IMPACT
The services of an expert demographer will be needed to prepare the maps. That cost will be approximately $15,500. There will be additional costs incurred by the work of the City Attorney’s Office over the approximately four to five month process to complete community outreach, and assist with developing criteria, maps and election sequencing, if required. Finally, under the law’s “safe harbor” provision, the City will be responsible for the potential plaintiffs’ attorneys’ fees and costs for a maximum amount of approximately $34,000 paid to Mr.
Shenkman.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA (Section 21605) and CEQA Guidelines §§ 15060(c)(3) and 15378. Conducting public hearings for public input regarding transitioning to by-district elections and discussing a schedule for future hearings meets the above criteria and is not subject to CEQA.
RECOMMENDED CITY COUNCIL ACTION
Conduct first public hearing, receive and consider input from the public, and provide comments, if any, on the proposed schedule set forth below or provide further direction to staff.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page. A Public Hearing Notice was published in the East Bay Times on March 15, 2023. A news release was posted on social media, and in the City’s bi-weekly Update e-newsletter.
ATTACHMENTS:
Public Hearing Notice
Correspondence
Submitted by: Janet E. Coleson
City Attorney
Approved by: June Catalano
City Manager