I. RECOMMENDATION:
There is no staff recommendation. This information was requested as a future agenda item by Councilman Adkisson.
II. BACKGROUND:
The City of Coalinga is a general law city. (Cal. Gov’t. Code § 34000.) Municipal elections are conducted in accordance with the California Elections Code. (Cal. Elec. Code § 10101 et seq.) Currently, the City of Coalinga is a district-based elections city. (Cal. Elec. Code § 10010.) Currently, the Mayor is elected by the city council. (Cal. Gov’t Code § 34902.) Since January 1, 2017 the City of Coalinga, like every other public entity in California, is subject to the California Voter Rights Act (CVRA) prohibition against at-large elections in which each City Council member is elected by all registered voters within the City limits. (Cal. Elec. Code 14025-14032.) The CRVA states that an at-large electoral system may not be imposed to dilute or abridge a protected class's opportunity to elect candidates. Id.
Under general law rules, the city council where the mayor is selected by the city council may submit to the electors at any general municipal election, or special election, the question whether electors must thereafter elect a mayor and four city council members, and the term for the mayor being two or four years. (Cal. Gov. Code, § 34900.) If a majority of the voters cast votes in favor of the proposition, then the office of the mayor will thereafter be an elective office. (Cal. Gov. Code, § 34902(a).) The mayor is a member of the city council and has all the powers and duties of a member of the council. (Cal. Gov. Code, § 34903.) In the cities taking advantage of these provisions, only one member of the legislative body may be elected from each district, or, if applicable, one member of the legislative body must be elected by or from each district constituting a geographical division of the city. (Cal. Gov. Code, § 34881.) The mayor must be elected on a citywide basis. Id.
Effective January 1, 2017, Government Code Section 34886 provides that the council “of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval.” (Cal. Gov. Code, § 34886.) [T]he legislative body may submit to the registered voters an ordinance providing for the election of members of the legislative body…[b]y districts in four…with an elective mayor. (Cal. Gov. Code, § 34871(c).) “[A]n ordinance adopted pursuant to this section shall include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the CVRA.” (Cal. Gov. Code, § 34886.)
In order to have four council districts and an at-large election for mayor, the City of Coalinga would need to submit the question to the citizens of Coalinga as to whether the City shall thereafter elect a mayor and four city council members under California Government Code § 34900.
III. DISCUSSION:
To change the method of voting the City of Coalinga would need to pass a resolution to adopt a by-district election system for an election of a mayor and four city council members. (Cal. Elect. Code § 10010(e)(3)(A).) Additionally, this process may be qualified for the ballot by means of initiative process. (Cal. Elec. Code § 9200.) There must be two public hearings over a period of no more than 30 days, where the public is invited to provide input for the composition of the districts. The City of Coalinga will need to hire an experienced demographer to assist the City in establishing maps for a by-district electoral system. The City of Coalinga would have adopted a resolution setting forth its intention to change its election system and subsequently held at least four public hearings determining the drafting of the district boundaries under the district drafting process. (Cal. Elec. Code § 10010(a)(2).) If a draft map is revised at a public hearing, the revised map will be published and made available to the public at least seven days before the City adopts it. Id.
The choice of moving to election of a mayor and four city council members is not irrevocable. (Cal. Gov. Code § 34881-34884.); Bridges v. City of Wildomar (2015) 238 Cal.App.4th 859, 869. In the future, an ordinance providing for the election of council members by or from districts may be amended or repealed in the same manner as enacted. (Cal. Gov. Code § 34873.) However, the amendment or repeal may not impact the current term of office of any elected council members. Id.
IV. ALTERNATIVES:
Do not transition to an at-large election system for the office of Mayor.
V. FISCAL IMPACT:
Approximately $20,000 to 50,000 to place the item on the ballot and another $12,500 to $23,000 for demographer services. These monies would come from the General Fund. The expenses are not budgeted. | | |