Page 5 - cc20200319elections

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO
DISTRICT-BASED ELECTIONS FOR CITY COUNCIL PURSUANT TO
ELECTIONS CODE SECTION 10010 AND GOVERNMENT CODE SECTION 34886
EFFECTIVE FOR THE NOVEMBER 2020 GENERAL MUNICIPAL ELECTION

WHEREAS, the City of Santa Clarita, California (“City”) is a general law city, duly
organized under the Constitution and laws of the State of California; and

WHEREAS, the five members of the Santa Clarita City Council are currently elected in
at-large elections, in which each City Council member is elected by all registered voters of the
entire City; and

WHEREAS, the California Voting Rights Act of 2001 (Elections Code §§14025-
14032) (“CVRA”) provides that its purpose is “to implement the guarantees of Section 7 of
Article I and of Section 2 of Article II of the California Constitution”; and

WHEREAS, the City of Santa Clarita believes that its current electoral system is
consistent with Section 7 of Article I and Section 2 of Article II of the California Constitution,
and that a district-based electoral system is also consistent with these provisions; and

WHEREAS, the CVRA applies to jurisdictions that use an at-large method of
election; and

WHEREAS, numerous California cities, including in Los Angeles County, have been
sued under the CVRA to force those cities to abandon their at-large electoral systems, and
implement a by-district electoral system; and

WHEREAS, the defense of litigation under the CVRA is extremely expensive and those
cities that have lost in court have also lost substantial control over the districting process within
their cities. Further, even if the city were to prevail in defense of an action, a successful defense
would not prevent a different plaintiff from suing the city under the CVRA in the future; and

WHEREAS, the CVRA mandates that prevailing plaintiffs are entitled to recover their
attorneys’ fees and expenses, including expert witness fees, from a defendant city, and even
defendant cities that have settled CVRA lawsuits in the early stages of litigation are mandated to
pay plaintiffs’ attorneys’ fees and expenses, which typically have been substantial, and

WHEREAS, on February 7, 2020, the City received a letter from Scott Rafferty,
demanding that the City switch to election by districts for the 2020 election pursuant to Elections
Code 10010; and

WHEREAS, California Government Code Section 34886 authorizes the legislative
body of a city to adopt an ordinance, without voter approval, to change its method of election