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RES 211240
City of Pleasanton
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RES 211240
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10/4/2021 8:47:46 AM
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10/4/2021 8:47:40 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
9/21/2021
DESTRUCT DATE
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DISTRICT BASED ELECTIONS
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RESOLUTION NO. 21-1240 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON <br /> DECLARING THE CITY OF PLEASANTON'S INTENT TO TRANSITION FROM AN <br /> AT-LARGE ELECTION SYSTEM TO A DISTRICT-BASED ELECTION SYSTEM <br /> WHEREAS, the City of Pleasanton ("City") is a general law city, duly organized under the <br /> Constitution and the laws of the State of California. The City Council is comprised of four City <br /> Councilmembers currently elected in "at-large" elections, in which each City Councilmember is <br /> elected by the registered voters of the entire City, with the Mayor being separately elected also <br /> by all registered voters of the entire city; and <br /> WHEREAS, California Government Code section 34886, in certain circumstances, <br /> authorizes the legislative body of a city of any population to adopt an ordinance to change its <br /> method of election from an "at-large" system to a "district-based" system in which each <br /> councilmember is elected only by the voters in the district in which the candidate resides; and <br /> WHEREAS, on August 5, 2021, the City received a notice of violation letter from attorney <br /> Kevin Shenkman on behalf of Southwest Voter Registration Education Project, asserting the <br /> City's at-large council member election system violates the California Voting Rights Act ("CVRA") <br /> and threatening litigation if the City does not voluntarily change to a district-based election system <br /> for electing councilmembers; and <br /> WHEREAS, under California Elections Code section 14028(a), a CVRA violation may be <br /> established if it is shown that racially polarized voting occurs in elections in a particular jurisdiction; <br /> and <br /> WHEREAS, the City denies that its at-large council member electoral system violates the <br /> CVRA or any other provision of law, and asserts the City's election system is legal in all respects <br /> and further denies any wrongdoing in connection with the manner in which it has conducted its <br /> City Council elections. Despite the foregoing, the City Council has determined that the purposes <br /> of the CVRA and the public interest would be best served by transitioning to a district-based <br /> election system and avoiding the risks and costs of defending against a CVRA lawsuit; and <br /> WHEREAS, California Elections Code section 10010 requires that a City that is changing <br /> from an at-large to district-based election shall do all the following before the City Council votes <br /> to approve or defeat an ordinance establishing district-based elections: <br /> 1. Prior to drawing one or more draft maps of the proposed boundaries of the districts, <br /> the City shall hold at least two public hearings over a period of no more than 30 days, at which <br /> the public is invited to provide input regarding the composition of the districts; <br /> 2. After all draft maps are drawn, the City shall publish and make available for release <br /> at least one draft map and, if members of the City Council will be elected in their districts at <br /> different times to provide for staggered terms of office, the potential sequence of the elections <br /> shall also be published. The City shall hold at least two additional hearings over a period of no <br /> more than 45 days, at which the public is invited to provide input regarding the content of the draft <br /> map or maps and the proposed sequence of elections. if applicable. The first version of a draft <br /> map shall be published at least seven days before consideration at a hearing. If a draft map is <br /> revised at or following a hearing, it shall be published and made available to the public for at least <br /> seven days before being adopted: <br />
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