HomeMy WebLinkAboutAGENDA REPORT 2018 1107 REG CCSA ITEM 10JCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of November 7, 2018
ACTION: Adopted Reso No.
2018-3766
BY M. Benson
J. Consider Resolution Amending the Fiscal Year 2018/2019 Budget to
Appropriate Funding for Legal and Contract Services Related to Transition
from At-Large to District-Based Councilmember Elections. Staff
Recommendation: Adopt Resolution No. 2018-3766. ROLL CALL VOTE
REQUIRED
Item: 10.J.
Item: 10.J.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Assistant City Manager
DATE: 11/07/2018 Regular Meeting
SUBJECT: Consider Resolution Amending the Fiscal Year 2018/2019
Budget to Appropriate Funding for Legal and Contract
Services Related to Transition from At-Large to District-Based
Councilmember Elections
BACKGROUND
The City of Moorpark currently elects its City Councilmembers and the Mayor
through an “at-large” election system. Since the passage of the California Voting
Rights Act (“CVRA”), cities and other jurisdictions throughout the State of
California have faced challenges to their at-large election systems under the
CVRA. On August 29, 2018, the City received a letter from attorney Kevin
Shenkman (Shenkman and Hughes) challenging the City's current election
method and asserting that the City’s at-large election system violates the CVRA.
At the October 3, 2018, regular City Council meeting, staff presented an agenda
report providing background information and an overview of the process for
changing to district-based elections and the public policy implications and legal
considerations.
On October 11, 2018, the City Council held a special meeting and adopted a
resolution declaring its intent to transition from at-large to district-based
Councilmember elections, with a separate directly elected Mayor, and the
resolution included specific steps to be taken to facilitate the transition and
estimated a time frame for action pursuant to Elections Code Section 10010.
On October 11, 2018, the City of Moorpark entered into an Agreement with
Shenkman and Hughes and prospective plaintiffs, which Agreement provides a
90-day extension to the deadline for completing the process of adopting an
ordinance to establish districts and a district-based election system before a
lawsuit challenging the City’s electoral system can be brought, and thereby
extends the safe harbor deadline to April 9, 2019 (180 days after the City Council
adoption of a Resolution of Intent on October 11, 2018).
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Honorable City Council
11/07/2018 Regular Meeting
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DISCUSSION
At this time, staff is requesting the City Council consider and approve a budget
allocation to fund the additional legal and contract services (including consultant
and public outreach costs) that pertain to the district-based election process, as
well as the “Safe Harbor” legal reimbursement fee that could be paid to
Shenkman and Hughes, which is capped at a maximum of $30,000 pursuant to
Elections Code Section 10010.
A general estimate of the legal, consultant, and public outreach costs for the
district-based election process is as follows:
$120,000 Estimated legal and demographer costs
$ 30,000 Safe Harbor reimbursement cap for plaintiff attorney costs
$ 30,000 Public outreach including Spanish language written and verbal
interpretation and translation services costs, public hearing notice
publication, video production costs for additional meetings, and
other miscellaneous expenses
$180,000 Total Estimated Budget Allocation
FISCAL IMPACT
There will be significant staff and consultant time needed to transition to a
district-based election system, and there are additional attorney, demographer,
bilingual interpreter/translator, and public noticing and video production costs. A
minimum of 5 public hearings are required. A General Fund allocation of
$180,000 is estimated to be required to pay for legal and consultant services and
public notice publication costs (see attached draft resolution).
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2018-____.
Attachment: Draft Resolution
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ATTACHMENT
RESOLUTION NO. 2018-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL
YEAR 2018/2019 OPERATING AND CAPITAL
IMPROVEMENT BUDGET TO APPROPRIATE $180,000
FROM THE GENERAL FUND TO COVER LEGAL AND
OTHER CONTRACT SERVICES RELATED TO
TRANSITION FROM AT-LARGE TO DISTRICT-BASED
COUNCILMEMBER ELECTIONS
WHEREAS, on June 20, 2018 by Resolution No. 2018-3714, the City Council
adopted the Operating and Capital Improvement Budget for Fiscal Year 2018/2019; and
WHEREAS, on October 11, 2018 by Resolution No. 2018-3755, the City Council
declared its intention to transition from an “at-large” to a “district-based” elections
system for City Councilmembers, and with a separately elected Mayor, and directed
staff to work with the City Attorney, demographer, and other appropriate consultants as
needed, to provide a detailed analysis of the City’s current demographics and any other
information or data necessary to prepare a draft map that divides the City into four
voting districts in a manner consistent with the intent and purpose of the California
Voting Rights Act and the Federal Voting Rights Act; and
WHEREAS, Resolution No. 2018-3755 included a tentative timeline for
conducting a public process to solicit public input and testimony on proposed district-
based electoral maps before adopting any such map, and provided direction to staff on
communication to the public regarding the proposed transition; and
WHEREAS, a staff report has been presented to the Council requesting a budget
amendment of $180,000 from the General Fund (1000) to cover the estimated cost of
legal and other contract services needed for the transition to a district-based election
system; and
WHEREAS, Exhibit “A” hereof describes said budget amendments and the
resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget appropriation of $180,000 from the General Fund
(1000) as more particularly described in Exhibit “A”, attached hereto, is hereby
approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
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Resolution No. 2018-____
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PASSED AND ADOPTED this 7th day of November, 2018.
________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Maureen Benson, City Clerk
Attachment: Exhibit “A” – Budget Amendment
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Resolution No. 2018-____
Page 3
BUDGET AMENDMENT to
General Fund (1000) for Legal and Contract Services Related to
Transition from At-Large to District-Based Councilmember Elections
Fiscal Year 2018/2019
FUND ALLOCATION FROM:
FUND ACCOUNT NUMBER AMOUNT
General Fund 1000-000-00000-33990 $180,000.00
TOTAL $180,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENDITURE ACCOUNTS:
BUDGET UNIT
ADOPTED
BUDGET ADJUSTMENT
ADJUSTED
BUDGET
1000-111-E0063-51000 $0.00 $60,000.00 $60,000.00
1000-111-E0063-51040 $0.00 $120,000.00 $120,000.00
TOTAL $0.00 $180,000.00 $180,000.00
Exhibit A
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