Recommend City Council direct staff to either:

1. Bring back a resolution declaring the City of Roseville's intent to transition from an at-large election system to a district-based election system, outlining specific steps to be taken to facilitate the transition, and estimating a time frame for transition actions; or
2. Take no further action. 

Per Roseville City Charter Article II Section 2.02, the electors of the City shall elect a Council of five members at-large.  Thereby, electors from the entire City choose each of the four Councilmembers and the Mayor via an at-large election system.   

A district-based election system would divide the City of Roseville into comparably equal but separate districts, with the electors in each district having the ability to elect one Councilmember, who resides in that specific district, to represent that specific district.   

The California Voting Rights Act (CVRA) was signed into law in 2002, and it prohibits an at-large method of election that impairs the ability of a protected class (race, color or language minority group) to elect candidates of their choice or their ability to influence the outcome of an election.  The intent of the law is to expand protections against vote dilution over those provided by the Federal Voting Rights Act of 1965.  The CVRA makes it easy for plaintiffs to bring forth and prevail in lawsuits brought against public entities that elect their members of a governing body (Councilmembers) via an at-large system when they can prove the existence of racially polarized voting.  Racially polarized voting happens when there is a difference in the choice of candidates that are preferred by voters of a protected class, and in the choice of candidates that are preferred by voters in the rest of the electorate. 

2010 United States Census data denotes the following regarding Roseville's demographics:

2016 California Statewide Database denotes the following regarding Roseville's voter registration:

A southern California law firm and other attorney firms in the region have alleged racially polarized voting against numerous California jurisdictions regarding their at-large election system. The law firms represent a plaintiff and threaten litigation if the jurisdiction declines to voluntarily convert to district-based elections.  Those jurisdictions that have chosen to defend against CVRA challenges have either voluntarily adopted district based elections, or been forced to adopt district based elections by the courts, and staff is unaware of any jurisdiction that has prevailed in defending an at-large system of election. Judgments issued against jurisdictions who have fought voluntary transition have resulted in courts imposing district elections and the cities paying legal fees ranging from hundreds of thousands of dollars up to millions of dollars.  

California Government Code §34886 authorizes the legislative body of a city, including a charter city, to adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an at-large elective mayor, without being required to submit the ordinance to the voters for approval.  The change must be made in furtherance of the purposes of the CVRA.  Staff is proposing the City Council consider transitioning to district-based elections by adopting such an ordinance.  If such an ordinance is adopted, district-based elections would be enacted for the November 2020 election.   

To create districts, five public hearings are required to meet legal requirements. Two public hearings would be held for public input and to discuss composition of the voting districts before draft maps are drawn. Two additional public hearings would be held to receive public input on the draft maps and the map must be published at least seven days before consideration. A final public hearing would be held to introduce the Ordinance establishing district-based elections, and the Ordinance would take effect thirty days after the second reading and adoption of the Ordinance, although some cities have adopted the Ordinance as an urgency measure at first reading. 

A proposed timeline of events is outlined as follows:

Alternatives to be considered by the City Council include:

1. Taking no action to move toward a district-based election system and thereby maintaining an at-large election system;
2. Preparing for potential litigation in the event a demand letter is received and thereby not beginning the process of moving forward with districting; or
3. Providing staff with further direction.

The services of a demographer will be required whether the City Council elects to move forward with transitioning to district-based elections, or if the City is served a demand letter, thus having to defend against potential CVRA litigation.  The demographer will be required to perform under specified aggressive timelines as required by the California Elections Code.  Staff anticipates the cost to be approximately $30,750.00 and approval of the professional services agreement with the demographer will be presented to the City Council for approval.  The funds will come from the City Manager's General Fund Contingency budget.

The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378.  Staff's request for direction on district-based elections meets the above criteria and is not subject to CEQA.  No additional environmental review is required.

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Dominick Casey, City Manager