DocuSign Envelope ID: F47446SD- FEE9- 4E70- 8BBA- 95317DBD7D22 RESOLUTION NO. 2023- 011
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF THOUSAND OAKS, CALIFORNIA
DECLARING ITS INTENT TO TRANSITION
FROM AT - LARGE TO DISTRICT - BASED
ELECTIONS PURSUANT TO ELECTIONS CODE
SECTION 10010( e)( 3)( A) FOR CITY COUNCIL
ELECTIONS, TO INITIATE PROCEDURES AND
IMPLEMENTATION OF DISTRICT - BASED
ELECTIONS FOR CITY COUNCILMEMBERS
WHEREAS, the City of Thousand Oaks, is a general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California; and
WHEREAS, the five Members of the City Council of the City of Thousand Oaks are currently elected in " at - large" elections, in which each City Councilmember may reside in any part of the City and each City Councilmember is elected by the registered voters of the entire City; and WHEREAS, the City received a letter on March 15, 2023, from Jason Dominguez, Radcliff Mayes, LLP, asserting that the City' s at -large city council electoral system violates the California Voting Rights Act ( CVRA) and threatened litigation against the City if it does not convert to district -based elections for Members of the City Council; and
WHEREAS, a violation of the CVRA is established if it can be proven that racially polarized voting" occurs in elections [ Elections Code Section 14028( a)].
Racially polarized voting means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate [ Elections Code Section 14026( e)]; and WHEREAS, the City Council, without comment on the merits of the claims alleging a CVRA violation, has directed staff to initiate the process to establish district -based elections, as it is in the best interest of the City to move from its current at - large electoral system to a district - based election for Members of the City Council in furtherance of the purposes of the CVRA; and WHEREAS, Elections Code Section 10010 provides a " safe harbor" and process for expeditiously changing to a district -based election system to avoid the high cost of litigation under the CVRA; and
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Res. No. 2023- 011
ATTACHMENT #1
DocuSign Envelope ID: F47446BD- FEE9- 4E70- 8BBA- 95317DBD7D22 WHEREAS, City Council moves to make this transition from an at -large election system to a district - based election system in accordance with the procedural rules outlined in Elections Code Section 10010; and WHEREAS, prior to City Council' s approval of a proposal to establish district boundaries for a district - based electoral system, California Elections Code Section 10010 requires all of the following:
Prior to 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 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. City Council shall also hold at least two ( 2) additional 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. The first version of a draft map shall be published at least seven ( 7) days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven ( 7) days before being adopted; and
WHEREAS, in determining the final sequence of staggered district elections, City Council will give special consideration to the purposes of the CVRA and will take into account the preferences expressed by the members of the districts.
NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby resolves, pursuant to Elections Code Section 10010, to adopt a district -based election system by ordinance for use in the City's General Municipal Election for City Councilmembers effective November 2024.
SECTION 3. The City has retained a qualified demographer and expert counsel to assist in establishing a district -based electoral system.
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Res. No. 2023- 011
DocuSign Envelope ID: F47446BD- FEE9- 4E70- 8BBA- 95317DBD7D22 SECTION 4. The City' s demographic consulting firm, acting under the supervision of the City Attorney, is hereby authorized to direct and formulate one or more electoral district scenarios for review by the public and City Council at two or more public hearings, if necessary, in accordance with the City' s proposed timeline.
SECTION 5. The City Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a 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 6. Working with a demographic consulting firm and a community education and outreach consulting firm, staff is directed to publicize relevant maps, information, notices, agendas, and other materials regarding district -based elections and to establish means of communication to answer questions from the public.
SECTION 7. The City Clerk shall certify as to the passage of this Resolution and cause it to be maintained in the official records of the City.
PASSED AND ADOPTED this 25th day of April, 2023, by the following vote:
Ayes: Councilmembers Engler, Newman, Taylor, Adam, and Mayor McNamee Noes: None
Absent: None DocuSigned by:
vi, 1%?o% Za-.,. co
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/ CERTIFY:
Lj
igned by:
Laura B. Maguire, City Clerk
Date Attested:
4/ 27/ 2023
APPROVED AS TO FORM
Office of the City Attorney
DocuSigned by:
FtWUd.
David Womack, Assistant City Attorney
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Res. No. 2023- 011
DocuSign Envelope ID: F47446BD- FEE9- 4E70- 8BBA- 95317DBD7D22 APPROVED AS TO ADMINISTRATION:
DocuSigned by:
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
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Res. No. 2023- 011
DocuSign Envelope ID: F47446BD- FEE9- 4E70- 8BBA- 95317DBD7D22
EXHIBIT A
CVRA DISTRICT PROCESS — DRAFT TIMELINE
Letter Received by City Clerk Department: March 15, 2023 45- Day Deadline [ E. C. 10010( e)( 3)( A)]: April 29, 2023 90- Day Deadline [ E.C. 10010( e)( 3)(B)]: July 24, 2023 No. Task Date Notes
1 City Council Regular Meeting April 4, 2023 Council to provide staff direction on topic; public Item to Introduce Topic will have an opportunity to voice their opinion 2 City Council Regular Meeting April 25, 2023 E. C. 10010( e)( 3)( A) - Must adopt Resolution Adopt Resolution of Intent within 45 days. Starts the 90- day timeline for Public Hearings
3 City Council Regular Meeting May 9, 2023 Before Map( s) Drawn - E. C. 10010( a)( 1) - hold Public Hearing # 1— two public hearings on composition of districts Introduce Public Engagement within 30 days of adopting Resolution. First Process Public Hearing can be conducted on same night
as Adoption of Resolution. During these two
Public Hearings NO maps maV be released.
4 Public Workshop May 11, 2023 Community Information meeting with an overview of CVRA, at - large vs. district - based
elections, and opportunity for the community to
provide input.
5 City Council Regular Meeting May TBD, Before Map( s) Drawn — E. C. 10010( a)( 1) - must Public Hearing # 2 — Public 2023 be held within 30 days of adopting resolution Engagement Process April 25, 2023). No drawn maps may be released until after this Public Hearing.
6 Public Workshop June 3, 2023 Community Information meeting with an overview of CVRA, at - large vs. district - based
elections, and opportunity for the community to
provide input.
7 City Council Regular Meeting June 20, 2023 After Map( s) and Sequencing Published E.C.
Public Hearing # 3 — Public 10010( a)( 2) - at least 7 Days After Draft Map( s) Input and Sequencing Publication. Discuss the draft
map( s) nd proposed sequence of elections.
8 Public Workshop June 22, 2023 Community Information meeting with opportunity for the community to provide input
regarding draft district maps.
9 Public Workshop June 24, 2023 Community Information meeting with opportunity for the community to provide input
regarding draft district maps.
10 City Council Regular Meeting July 11, 2023 After Map( s) and Sequencing Published E.C.
I Public Hearing # 4 — Map 10010( a)( 2) - within 45 days of Public Hearing Approval and Introduction/ First 3. Council adopts a single map / introduces Reading of Ordinance ordinance
11 City Council Regular Meeting July 18, 2023 Publish Entire Adopted Ordinance; G. C. 36937 Second Reading of Election Ordinance Effective Immediately).
Ordinance; Ordinance
Adoption
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