CITY COUNCIL STAFF REPORT
Meeting Date: June 26, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO. ___
ADOPTING DISTRICT-BASED ELECTIONS FOR MEMBERS OF THE
CITY COUNCIL, PURSUANT TO THE CALIFORNIA VOTING RIGHTS
ACT
PURPOSE
The purpose of this item is to hold the eighth public hearing overall, and the fifth “post-map” public hearing to review draft maps and the composition of districts and to receive input from the community concerning transitioning to by-district elections.
At this hearing, the Council may introduce an ordinance to transition to by-district elections for City Council, select a default election district map, which would be effective for the November 5, 2024 General Municipal Election and future municipal elections, and direct staff to return to the July 17, 2023 regular City Council meeting with the adoption of said ordinance and appropriate resolution(s) to call a special election to be consolidated with the March 5, 2024 Statewide Primary in order to allow Pleasant Hill voters to select alternative district boundaries that, if approved, would replace the Council selected default map and become the effective map for the November 5, 2024 General Municipal Election and going forward.
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 the Law Offices of Shenkman and Hughes on behalf of the Pleasant Hill Community Alliance, claiming the City’s current at-large election system for Councilmembers violates the California Voting Rights Act.
On March 20, 2023, the City Council held the first of four required public hearings to consider transitioning to by-district elections and to establish boundaries for election districts (two “premap” and two “post-map”). On April 3, 2023, the Council held the second required public hearing. On April 17, 2023, the Council conducted an additional “pre-map” hearing to gather additional public input. Four “post-map” hearings were held on May 1, May 6, May 22, and June 5, 2023.
Analysis:
If the City follows the “safe harbor” process set forth in Assembly Bill 350, a potential 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. As noted above, the City has more than met this requirement. Further, to increase public awareness of the transition to district elections, the City has been and will continue to use a variety of public communication channels to engage members of the community.
Throughout the public hearing process, the City Council considered a total of 11 legally compliant draft maps – two submitted by the City’s demographer, and nine submitted by members of the public. Eight of the maps propose a five-district configuration while three propose a four-district configuration with an at-large elected Mayor. All eleven maps and statistics are attached to this staff report. For further summaries analyzing the boundaries, population demographics and relative merits of each draft map, please refer to the May 22, 2023 and June 5, 2023 staff reports. All draft maps have been posted to the City’s website in accordance with the Elections Code.
Council may now select one of the 11 draft maps under consideration as a default map, to define the election district boundaries and sequencing, unless the voters approve alternative boundaries at a special election to be consolidated with the California State-wide Primary Election on March 5, 2024. If the Council introduces the ordinance this evening, the ordinance will be brought back to the July 17th regular meeting for adoption. In addition, at the July 17th meeting, staff will bring the required resolution(s) to call a special election to be consolidated with the California State-wide Primary Election on March 5, 2024 so that the voters may select alternative district boundaries and sequencing, replacing the default district boundaries and sequencing.
The public is encouraged to provide input via email to [email protected]. Input may also be dropped off at the City Clerk’s Department 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 are needed to prepare the maps at a cost of approximately $15,500. There will be additional costs incurred by the work of the City Attorney’s Office during the process. Finally, under the law’s “safe harbor” provision, the City will be responsible for the potential plaintiffs’ attorney fees and costs for a maximum amount of approximately $34,000 paid to Mr. Shenkman. As well, the City has executed a contract for translation and interpretation services for a not to exceed amount of $20,000. Informational mailer costs are estimated at $12,000 and costs for “promoted” social media engagement is estimated at $500.
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 and introducing an ordinance transitioning to by-district elections meets the above criteria and is not subject to CEQA.
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, March 29, 2023, April 12, 2023, April 26, 2023, May 17, 2023, May 31, 2023 and June 21, 2023. A news release was posted on social media, and in the City’s bi-weekly Update newsletter.
RECOMMENDED CITY COUNCIL ACTION
Conduct another “post-map” public hearing, receive and consider input from the public, and take the following actions:
1) select one of the eleven maps as a default map defining the district boundaries and sequencing;
2) introduce an ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL, ADDING SECTION 2.55.160 (ARTICLE IV) TO CHAPTER 2.55 OF TITLE 2 OF THE PLEASANT HILL MUNICIPAL CODE ESTABLISHING BYDISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS, to commence with the November, 2024 General Election for City Council; and
3) provide further direction to staff regarding the alternative map(s) to be placed before the voters at a special election to be consolidated with the California State-wide Primary election on March 5, 2024.
Alternatively, Council may set a special meeting for July 10, 2023 to take the above listed or other actions, with the understanding that introduction of an ordinance must be completed five (5) days prior to adoption of that ordinance.
ATTACHMENTS:
Public Hearing Notice
Correspondence
Draft Maps
Proposed Ordinance
Prepared by: Janet Coleson, City Attorney
Approved by: Ethan Bindernagel, Interim City Manager