Attachment 4
RESOLUTION NO. 23-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN CLEMENTE, CALIFORNIA, DECLARING ITS
INTENTION TO TRANSITION FROM AT-LARGE TO
DISTRICT-BASED ELECTIONS FOR CITY COUNCIL
PURSUANT TO ELECTIONS CODE SECTION 10010
AND GOVERNMENT CODE SECTION 34886
EFFECTIVE FOR THE NOVEMBER 2024 GENERAL
MUNICIPAL ELECTION
WHEREAS, the City of San Clemente, California (“City”) is a general law city, duly organized under the Constitution and laws of the State of California; and WHEREAS, the five members of the San Clemente City Council are currently elected in at-large elections, in which each City Council member is elected by all registered voters of the entire City; and
WHEREAS, the California Voting Rights Act of 2001 (Elections Code §§14025-14032) (“CVRA”) provides that its purpose is “to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution”; and WHEREAS, the City of San Clemente believes that its current electoral system is consistent with Section 7 of Article I and Section 2 of Article II of the California Constitution, and that a district-based electoral system is also consistent with these provisions; and WHEREAS, the CVRA applies to jurisdictions that use an at-large method of election; and WHEREAS, numerous California cities, including in Los Angeles, Orange and San Diego Counties, have been sued under the CVRA to force those cities to abandon their at-large electoral systems, and implement a by-district electoral system; and WHEREAS, the defense of litigation under the CVRA is extremely expensive and those cities that have lost in court have also lost substantial control over the districting process within their cities. Further, even if the city were to prevail in defense of an action, a successful defense would not prevent a different plaintiff from suing the city under the CVRA in the future; and WHEREAS, the CVRA mandates that prevailing plaintiffs are entitled to recover their attorneys’ fees and expenses, including expert witness fees, from a defendant city, and even defendant cities that have settled CVRA lawsuits in the early stages of litigation are mandated to pay plaintiffs’ attorneys’ fees and expenses, which typically have been substantial, and WHEREAS, on June 15, 2023, the City received a letter from the Laws Offices of Michelle R.
Jackson, demanding that the City switch to election by districts for the 2024 election pursuant to Elections Code 10010; and
WHEREAS, California Government Code Section 34886 authorizes the legislative body of a city to adopt an ordinance, without voter approval, to change its method of election from "atlarge" to "district-based" in which each council member is elected only by the voters residing in the district in which the candidate resides; and WHEREAS, Section 34886 authorizes such a change “in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code)”; and
Resolution No. 23-85 Page 2
WHEREAS, numerous cities and special districts throughout the state and in Los Angeles, Orange and San Diego Counties have moved from an at-large electoral system to a by-district electoral system for members of their governing bodies; and WHEREAS, the City intends to make this transition from an at-large system to a by-district system in accordance with the procedural rules outlined in Government Code Section 34886 and Elections Code section 10010.
NOW, THEREFORE, the City Council of the City of San Clemente hereby resolves as follows:
SECTION 1. Intention to Switch to Election by Districts.
A. The foregoing recitals are true and correct.
B. The City Council shall consider an ordinance to change to a district-based election system for use in the City’s General Municipal Election for City Council Members beginning in November 2024, in accordance with Elections Code section 10010 and Government Code section 34886, and other applicable law.
C. The City Council directs staff to work with a qualified demographer, and other appropriate consultants as needed, to provide a detailed analysis of the City’s current demographics and any other information or data necessary to prepare a draft map that divides the City into voting districts in a manner consistent with the intent and purpose of the Federal Voting Rights Act.
D. The City Council approves the tentative timeline set forth in Exhibit A, attached to and made a part of this resolution, for conducting a public process to solicit public input on proposed district-based electoral maps before adopting any such map.
E. The City Council directs staff to instruct the demographic consultant to prepare for City Council review at the appropriate time proposals for districting plans with options for both four districts with an elective mayor and five districts pursuant to Government Code §§ 34871(b) and (c) and 34886.
F. The City Council directs staff to undertake public outreach and to inform the residents of San Clemente of this resolution and the districting process, and to facilitate and encourage public participation, as well as publish notice of the public hearings identified in the attached Exhibit A.
G. The timeline contained in Exhibit A may be adjusted as deemed necessary by the City Clerk, in consultation with the City Manager, provided that such adjustments shall not prevent the City from complying with the time frames specified by Election Code Section 10010.
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this day of August, 2023
ATTEST:
City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
Resolution No. 23-85 Page 3
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of San Clemente at a Regular meeting, held on the 15th day of August, 2023 by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this day of , .
Approved as to form:
CITY CLERK of the City of
San Clemente, California
Elizabeth A. Mitchell, City Attorney
Resolution No. 23-85 Page 4
Exhibit A
TO RESOLUTION NO. 23-85
Timeline: Consideration and Implementation of By-District Elections (All meetings in Council Chambers at City Hall) Date Event Comment
July 10, 2023 Receipt of demand letter
August 15, 2023
Regular City Council
Meeting
City Council adopts
Resolution declaring its
intention to transition from atlarge to by-district elections and holds first public hearing.
Mapping tools will be made
available shortly after adoption
of the Resolution of Intention.
August 24, 2023 45 Days from July 10, 2023 See Elections Code section 10010.
September 5, 2023
Regular City Council
Meeting
Second Public Hearing Before maps are drafted by
demographer. Must occur
within 30 days of first public
hearing.
September 14, 2023 Deadline for the public to
submit any proposed maps.
Draft maps must be posted for
at least 7 days before the third
public hearing.
September 21, 2023 Posting deadline for all maps
(public and consultant).
Draft maps must be posted for
at least 7 days before the third
public hearing.
October 3, 2023
Regular City Council
Meeting
Third Public Hearing Regarding content of draft
maps and sequence of
elections.
October 10, 2023 Post any new or amended
maps and potential sequence
of elections
Draft maps must be posted at
least 7 days before fourth public
hearing
October 17, 2023
Regular City Council
Meeting
Fourth public hearing: Select
Map. Council introduces
ordinance establishing district
elections, including district
boundaries and election
sequence
Regarding content of draft
maps and sequence of
elections. Fourth public hearing
must be within 45 days of third
public hearing.
If selected map is amended,
there must be time for posting
(at least 7 days) and another
public hearing to introduce the
ordinance before expiration of
the 90-day safe harbor period.
Resolution No. 23-85 Page 5
October 26, 2023
(Special Meeting)
Optional fifth public hearing Only necessary if posted map is changed
November 7, 2023,
Regular City Council
Meeting
2nd reading of Ordinance and
Ordinance adopted
Last regular City Council
meeting before 90 days expire
November 13, 2023 90 days after August 15, 2023 See Elections Code section 10010.
November 5, 2024 First election using districtbased seats November 3, 2026 Second election using district
based seats