CITY COUNCIL STAFF REPORT
Meeting Date: July 10, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: INTRODUCE ORDINANCE NO. ___ ENTITLED: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PLEASANT HILL,
CALIFORNIA ADDING SECTION 2.55.160 (ARTICLE IV) TO CHAPTER
2.55 OF TITLE 2 OF THE PLEASANT HILL MUNICIPAL CODE
ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING DISTRICT
BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE
DISTRICTS
PURPOSE
The purpose of this item is for the City Council to select an election district map and to introduce the attached ordinance making that selection and transitioning from at-large to by-district elections, which would be effective for the November 5, 2024 General Municipal Election and beyond.
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. Five “post-map” hearings were held on May 1, May 6, May 22, June 5, and June 26.
At the June 26, 2023 public hearing, the City Council directed Staff to prepare the attached ordinance selecting “Map 5” as the applicable districting map and election sequencing to govern the November 5, 2024 General Municipal Election and future municipal elections.
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. 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. For further summaries analyzing the boundaries, population demographics and relative merits of each draft map, please refer to the May 22, 2023, June 5, 2023, and June 26, 2023 Council staff reports and attachments. All draft maps have been posted to the City’s website in accordance with the Elections Code.
At the June 26 public hearing, the City Council selected “Map 5”, a five-district electoral map, and directed staff to prepare an ordinance making that selection to govern the November 5, 2024 General Municipal Election and beyond. That ordinance is attached and is presented to the Council for introduction. The ordinance includes the sequencing of elections as follows:
General Municipal Election of November, 2024, Districts 1, 3, and 4; General Municipal Election of November, 2026, Districts 2 and 5. If the Council introduces the ordinance at the July 10, 2023 special meeting, staff will return the ordinance to the Council at the Regular meeting on July 17, 2023 for second reading and final adoption.
At the last meeting, the Council also considered the possibility of placing a local measure on the ballot by no later than March 5, 2024 to allow Pleasant Hill voters to select alternative district boundaries to the Council-approved map. After further discussion, the Council decided not to pursue this option. Therefore, this language has been removed from the attached ordinance.
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, costs for publishing hearing notices in the East Bay Times are estimated at $3,200, 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. Public Hearing Notices were 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, June 21, 2023, and July 5, 2023. A news release was posted on social media, and in the City’s bi-weekly Update newsletter.
RECOMMENDED CITY COUNCIL ACTION
Staff is requesting the City Council introduce the attached ordinance transitioning the City from at-large to by-district elections and selecting “Map 5” as the applicable district map and election sequencing which would be effective for the November 5, 2024 General Municipal Election and beyond.
ATTACHMENTS:
Proposed Ordinance
Exhibit A - Map 5 Five Districts - Form with Sequencing Correspondence
Public Hearing Notice
Prepared by: Janet Coleson, City Attorney