City Council:
John Gurney, Mayor
Patricia Farrar-Rivas, Vice
Mayor
Jack Ding
Sandra Lowe
Ron Wellander
SPECIAL MEETING OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, December 4, 2024
5:00 p.m. Special Meeting
****
AGENDA
Be Courteous - TURN OFF your cell phones and watches while the meeting is in session.
NOTICE: Mayor John Gurney has called the City Council into a Special Meeting to discuss only the matters stated on the agenda listed below.
PUBLIC COMMENT AT SPECIAL MEETING: Members of the public shall have the opportunity to address the City Council concerning any item listed on the agenda during consideration of that item, when the Mayor opens public comment. No other items may be discussed at this special meeting.
Page
1. CALL TO ORDER
2. ITEMS FOR DISCUSSION
2.1: A Resolution Declaring the City of Sonoma's Intent to Transition From At-Large Elections to District-Based Elections for City Council Pursuant to Elections Code Section 10010, Including Approving the Tentative Timeline, and Delegating Authority to the City Manager to Select, Approve, and Execute an Agreement with a Professional Demographer in an Amount Not to Exceed $50,000 (David Guhin, City Manager / David Ruderman, City Attorney / Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Staff recommends that the City Council adopt the resolution.
Agenda Report - Resolution of Intent - Pdf
3 - 8
3. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted on the City Hall bulletin board as legally required. Rebekah Barr, MMC, City Clerk/Executive Assistant. *********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are normally available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours.
If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda, or in written correspondence delivered to the City Clerk, at or prior to the public hearing.
APPOINTMENTS TO COMMITTEES: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.
CLOSED SESSION: If action is taken during a Closed Session meeting and is required to be reported the Council will return to Open Session and report out immediately. However, if they are unable to do so due to time constraints, they will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".
MOTION FOR RECONSIDERATION: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.
In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48-hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
City of Sonoma
Agenda Item Summary
Meeting: Special City Council - 04 Dec
2024
Department
Administration
Staff Contact
David Guhin, City Manager, David J. Ruderman,
City Attorney, Rebekah Barr, MMC, City Clerk
Agenda Item Title
A Resolution Declaring the City of Sonoma's Intent to Transition From At-Large Elections to District-Based Elections for City Council Pursuant to Elections Code Section 10010, Including Approving the Tentative Timeline, and Delegating Authority to the City Manager to Select, Approve, and Execute an Agreement with a Professional Demographer in an Amount Not to Exceed $50,000
Summary
The City of Sonoma currently elects its Council Members in "at-large" elections, in which all registered voters in the City vote on all Council Members regardless of where they reside. In certain circumstances, a city council can adopt an ordinance to change its method of election from an "at-large" system to a "by-district" system in which only the voters in that specific district elect a council member who resides within that district.
Switching to district-based elections can offer several benefits and address specific legal and community concerns. These include but are not limited to compliance with the California Voting Rights Act (CVRA), improved representation, cost effectiveness, and avoiding litigation. California Voting Rights Act - The CVRA aims to prevent at-large election systems from diluting the votes of minority groups. Cities can face lawsuits if their at-large system is deemed to hinder the ability of minority communities to elect candidates of their choice.
Switching to district-based elections can mitigate the risk of costly legal challenges. Improved Representation - District-based elections can ensure that diverse neighborhoods and communities within a city have direct representation on the council.
This can lead to more equitable decision-making that reflects the needs and priorities of all residents.
Cost-Effectiveness - At-large systems often lead to citywide campaigns that are expensive, making it difficult for candidates with fewer resources to compete. Districtbased elections can reduce campaign costs, encouraging more grassroots participation. Avoiding Litigation - Many cities have switched to district-based elections after facing CVRA demand letters or lawsuits, often settling for significant sums. Transitioning proactively can save money and demonstrate a commitment to fair representation.
The switch requires community input, careful district mapping, and consideration of local demographics to ensure fair and effective representation.
Many cities in the state, including some in Sonoma County, have received letters from potential plaintiff's attorney offices alleging a violation of the CVRA and threatening litigation unless the Agenda Item #2.1:
city voluntarily transitions to a district-based election system for electing council members.
Typically, the letter, broadly, alleges that the city’s at-large election system violates the CVRA because the system allegedly dilutes the power of a specific bloc of voters.
The City of Sonoma has not received this type of letter to date. The City has no evidence that its election system violates the CVRA or any other law. However, given the low threshold for establishing a violation of the CVRA, and the fact that no city has yet to successfully defend against a challenge under the CVRA (despite some spending millions in legal fees), staff advises that Sonoma transition to district-based elections voluntarily, precluding costly exposure to litigation.
The process is set forth in Election Code Section 10010 including the timeline, which is rapid.
The City must adopt a resolution outlining its intent to transition from at-large to district-based elections. After adopting the resolution of intent, the statute permits the City ninety (90) days to complete the transition. A tentative timeline is attached to the resolution as Exhibit A.
The City has received three proposals from professional demographers to assist with the preparation of maps necessary for the transition. However, due to the accelerated timeline, Staff has not had the opportunity to review them completely and meet with all the proposers. If the City Council proceeds with the adoption of the resolution, the action includes delegating the authority to the City Manager to select and enter into an agreement for these services.
A demographer will assist by walking elected officials, staff and the public through the background of the CVRA districting process, facilitating community input on potential new district boundaries, and overseeing the technical aspects of implementing the new boundaries.
The demographer will attend the public hearings and provide the City Council with analysis and recommendations regarding the maps that will be prepared during the transition process.
Recommended Council Action
Staff recommends that the City Council adopt the resolution.
Alternative Actions
Council discretion.
Financial Impact
This action will result in a financial impact in an amount not to exceed $50,000.00 in the General Fund Reserves.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution of Intent to Transition to District Elections Agenda Item #2.1:
1 City of Sonoma
RESOLUTION # _____ - 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA, CALIFORNIA,
DECLARING ITS INTENT TO TRANSITION FROM AT-LARGE ELECTIONS FOR
CITY COUNCIL TO DISTRICT-BASED ELECTIONS FOR CITY COUNCIL PURSUANT TO ELECTIONS CODE SECTION 10010 INCLUDING THE TENTATIVE
TIMELINE AND DELEGATING AUTHORITY TO THE CITY MANAGER TO SELECT
AND EXECUTE AND AGREEMENT WITH A PROFESSIONAL DEMOGRAPHER IN AN AMOUNT NOT TO EXCEED $50,000
WHEREAS, members of the City Council of the City of Sonoma (City) are currently elected in “at-large” elections, in which each City Councilmember is elected by the registered voters of the entire City; and
WHEREAS, Government Code section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an “at-large” system to a “by-district” system in which each Councilmember is elected only by the voters in the district in which the Councilmember resides; and
WHEREAS, the City may voluntarily transition to district-based elections in furtherance of the purposes of the California Voting Rights Act (CVRA); and WHEREAS, the City has no evidence that its election system violates the CVRA or any other law and asserts that its election system is legal in all respects and in connection with the manner in which it has conducted its City Council elections; and WHEREAS, the City Council has nevertheless concluded that the public interest would be better served by transitioning to a district-based electoral system because doing so:
1) furthers the purposes of the CVRA; 2) provides for improved representation of diverse neighborhoods and communities; 3) reduces the barriers to entry for city council candidates; and 4) avoids the need to pay attorney’s fees and costs in response to a demand letter and otherwise defend against a CVRA lawsuit; and WHEREAS, before the City Council’s consideration of an ordinance to establish boundaries for a district-based electoral system, Elections Code section 10010 requires all of the following:
1) Before drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two (2) public hearings over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts.
2) After all draft maps are drawn, the City shall publish and make available for release at least one draft map and, if members of the City Council will Agenda Item #2.1:
2 be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections shall also be published. 3) The City Council shall also hold at least two (2) additional public hearings over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable.
4) The first version of a draft map shall be published at least seven (7) days before consideration at a public hearing. If a draft map is revised at or following a public hearing, it shall be published and made available to the public at least seven (7) days before being adopted.
WHEREAS, the City desires to use the services of a professional demographer to assist the City to develop a proposal for a district-based electoral system; and WHEREAS, the adoption of a district-based electoral system will not affect the terms of any sitting Councilmember, each of whom will serve out his or her current term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby resolves to consider adoption of an ordinance to transition to a district-based electoral system as authorized by Government Code section 34886 for use in the City’s General Municipal Election beginning in November 2026 for Members of the City Council.
SECTION 2. The City Council directs the City Clerk, City Manager, and City Attorney to work with a professional 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 CVRA and the Federal Voting Rights Act.
SECTION 3. The City Council delegates authority to the City Manager to select, approve and execute a contract with a professional demographer, as set forth in Section 2, for a total amount not to exceed $50,000.
SECTION 4. The City Council hereby approves the tentative timelines as set forth in Exhibit A, attached to and made part of this resolution, for conducting a public process to solicit public input and testimony on proposed district-based electoral maps before adopting any such map.
SECTION 5. The timeline contained in Exhibit A may be adjusted by the City Clerk as deemed necessary, provided that such adjustments shall not prevent the City from complying with the time frames specified by Elections Code Section 10010.
Agenda Item #2.1:
3 SECTION 6. The City Council directs the City Clerk to post information regarding the proposed transition to a district-based electoral system on the City’s website, including maps, notices, agendas and other information.
SECTION 7. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED at a Special Council Meeting on December ____, 2024, by the following vote:
AYES:
NOES
ABSENT:
ABSTAIN:
________________________________
John Gurney, Mayor
ATTEST:
____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #2.1:
382442.3
EXHIBIT A
TENTATIVE TIMELINE FOR THE
CONSIDERATION AND IMPLEMENTATION OF A
DISTRICT-BASED ELECTORAL SYSTEM
Tentative Date Event Code
Section
Comment
12/04/2024 Adoption of Resolution of Intent
at City Council Special Meeting
EC§
10010(e)(3)(
B)
(optional) Conduct public outreach - seek
community input on
“communities of interest” and
the composition of districts
EC§
10010(a)(1)
Before public hearings, the City may
conduct outreach to the public,
including to non-English-speaking
communities, to explain the districting
process and to encourage public
participation.
12/18/2024
5:00PM
Special
Meeting
1 st Public Hearing EC§
10010(a)(1)
First and second public hearings
must occur within a period of 30
days. No maps for review, but take
public comments on composition of
districts and preference for district
lines
1/15/2025
(within 30 days
of 1st hearing)
2 nd Public Hearing EC§
10010(a)(1)
2/11/2025
(7 days before
3rd hearing)
Publish for review first drafts of
district election maps and
potential sequence of elections
EC§
10010(a)(2)
The first version of a draft map shall
be published at least seven days
before consideration at a hearing.
2/19/2025 3
rd Public Hearing - City
Council Meeting to seek
community input and to provide
direction on the content of the
proposed draft maps and
sequence of elections.
EC§
10010(a)(2)
The City shall also hold at least two
additional hearings over a period of
no more than 45 days, at which the
public is invited to provide input
regarding the content of the draft map
or maps and the proposed sequence
of elections, if applicable.
3/03/2025
(within 45 days
of 3rd hearing)
(within 90
days)
4 th Public Hearing - City
Council Meeting to select a
preferred district map and to
introduce an ordinance to
transition to district-based
elections
EC§
10010(a)(2)
Take public comments on proposed
maps. If selected map is amended,
ordinance cannot be introduced until 7
days after amended map is
published.
Council may introduce ordinance if
final map is selected at this public
hearing.
03/19/2025 City Council Meeting to adopt
an ordinance to transition to
district-based elections
EC§
10010(e)(3)(
B)
Agenda Item #2.1: