TO:Andrew P. Powers, City Manager
FROM:Tracy M. Noonan, City Attorney
DATE:April 25, 2023
SUBJECT: Transition to District-based Elections
RECOMMENDATION:
1. Adopt resolution declaring the City’s intention to transition from at-large to district-based elections and initiate procedures and implementation of district- based elections for City Councilmembers.
2. Approve budget appropriation and expenditure in an amount not to exceed $75,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-0830-646-5699 (Public Information Contracted Services).
3. Find that this action is not a project as defined in the California Environmental Quality Act.
FINANCIAL IMPACT:
$75,000 Increase to FY 2022-23 General Fund Budget. $75,000 additional budget appropriation is requested to the Adopted FY 2022-23 General Fund Budget to provide public outreach services for the transition to district-based elections. Additional funds for future years for ongoing website hosting as required by government code will be requested during biennial budget cycles.
BACKGROUND:
On March 15, 2023, the City received a letter alleging the City's at-large method of electing members of City Council violates the California Voting Rights Act (CVRA/the Act). The letter demanded the City transition to district-based elections or face litigation under the CVRA.
At the April 4, 2023, City Council meeting, staff presented a variety of options and issues associated with the CVRA challenge to the City's current at-large method
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April 25, 2023
of electing members of City Council. After considering all the information and options presented, City Council voted to initiate the transition to district-based elections, authorizing staff to bring back a resolution declaring City Council's intent to transition to districts pursuant to Elections Code Section 10010(e)(3)(A).
DISCUSSION/ANALYSIS:
The adoption of the resolution of intention (Attachment #1) will commence a very intensive and public process to develop districts for City Council. The timeline to develop districts under the 2016 “safe harbor” amendments to the CVRA is short – 90 days. The CVRA requires that City Council hold at least four public hearings.
The first two hearings are for the purpose of developing the "composition" of the districts (i.e., the criteria to be used to develop the districts). These two public hearings must be held within 30 days of each other.
Following the first two public hearings which served to develop the composition of the districts, the mapping process can begin. Two additional public hearings will be required to consider any maps developed. The maps must be available for at least seven days before the third and fourth public hearings. If, after the third public hearing, a map is modified, an additional seven-day public review period is required before the fourth public hearing can be held. This second set of public hearings must be conducted within 45 days of each other. The process is concluded with City Council’s approval of the final map and adoption of an ordinance establishing the districts.
City Council will determine the "sequencing" of the elections within the districts, (i.e., which districts will have elections in 2024 and which will have them in 2026), during the third and fourth public hearings. In determining the sequencing of the elections, the CVRA provides that “special consideration” should be given to the purposes of the Act in determining which districts are to have the first elections.
The process outlined above reflects the minimum legal requirements to transition from at-large to district-based elections. In anticipation of the public interest in this issue, staff is recommending a series of public workshops be held to help discuss the districting process, the legal and policy issues involved, how districts may be developed, and the review of proposed maps. The workshops will be presented virtually, via Zoom, and in-person at a community location such as the Grant R.
Brimhall Library.
The first series of workshops are proposed for May 11 (via Zoom) and June 3 (in- person). The second series of workshops are proposed for June 22 (via Zoom) and June 24 (in-person). City staff and the City’s demographer will be available to outline the process and issues, as well as to answer any questions the public may have during the workshops. The exact times and locations will be forthcoming and Transition to District-based Elections
April 25, 2023
public outreach will be conducted in both English and Spanish. Staff will also be working with local community associations and groups to help spread the word.
The following table reflects the proposed timeline of events and actions as outlined above:
Events/Actions Topics Dates
• Public Hearing #1 District Composition May 9
• Public Workshop (Via Zoom) Information on District Composition May 11 • Public Hearing #2 District Composition May TBD
• Public Workshop (In-Person) Information on District Composition June 3 • Public Hearing #3 District Maps/Lines June 20
• Public Workshop (Via Zoom) Information on District Maps/Lines June 22 • Public Workshop (In-Person) Information on District Maps/Lines June 24 •Public Hearing #4 District Maps/Lines & Introduce Ordinance July 11 • Ordinance Adoption Second Reading of Ordinance July 18 Issues and Costs
Price quotes were obtained from the County of Ventura-Elections Division to determine impacts on future City budgets related to City Council Elections:
Election Year/Type of
Election
Estimated Cost Notes
2020 – At-Large / 2 Council
Seats
$39,336.91 (actual) Presidential General
Election
2022 – At-Large / 3 Council
Seats
$68,000 Gubernatorial General
Election
2024 – At Large
OR
Districts / 2 or 3 District
Seats*
At-large = $88,000
2 District Seats =
$36,000
3 District Seats =
$54,000
Presidential General
Election
2026 – Districts / 2 or 3
District Seats*
2 District Seats =
$36,000
3 District Seats =
$54,000
Gubernatorial General
Election
*Because the sequencing of the district elections may not be known at the time of this report, County of Ventura-Elections Division provided quotes for two and three seats for each of the next two election years.
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April 25, 2023
Switching to district-based elections will decrease the election costs as fewer ballots are printed and mailed to registered voters. When comparing the costs of contracting with the County of Ventura-Elections Division and running a stand- alone election, the Elections Update presented by staff to City Council on September 24, 2019, can be referenced. The cost estimate to conduct a stand- alone election at that time was estimated at $600,000+. Due to inflation and difficulties obtaining election-related supplies, it’s estimated that the cost has increased significantly. Staff recommends continuing to contract with the County of Ventura-Election Division for all future elections.
Once the process to transition to district-based elections is complete, within 30 days, the attorney who submitted the letter, Mr. Dominguez, will demand reimbursement for the cost of the work product generated to support the notice.
His demand must be made in writing and must be substantiated with financial documentation. The City must reimburse the potential plaintiff for reasonable costs incurred within 45 days of the written demand. The 2016 amendment to the CVRA caps the cost to $30,000 plus Consumer Price Index adjustment.
Community Outreach
The City has engaged a public outreach consultant to aid in efforts to solicit public input throughout the process of transitioning to district-based elections. The City will utilize a variety of communication channels to engage members of our community about district-based elections.
A robust list of outreach and public input opportunities exists. Public hearings and community information meeting details will run in English and Spanish via newspaper and radio spots. As noted above, public workshops will be held where an overview of the CVRA and the transition from at-large to district-based elections will be presented, and the community will have the opportunity to provide input on the process. A short video on the districting process in English and Spanish will run on Thousand Oaks TV (TOTV) and be available on a dedicated stand-alone City districting website and social media platforms. Residents can find details on CVRA, the districting process, key dates, and Frequently Asked Questions on the dedicated stand-alone website (www.maptoaks.org). City staff will be available to provide information on the districting process to local community groups and other organizations. To increase awareness and participation, the City will partner with community groups to distribute information and make use of existing sites and outlets. The City districting website will be available for a required ten years.
Transition to District-based Elections
April 25, 2023
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
PREPARED BY: Laura B. Maguire, City Clerk
David Womack, Assistant City Attorney
Attachments:
Attachment #1 – Resolution
CCD:650-40\cmr\h:\common\elections\Disrict Elections\March\StaffRpts\042523 Dist Elec SR ROI Adoption.docx