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  Agenda Item   8.    
City Council Meeting
Meeting Date: 04/20/2021  
FROM: Bill Gallardo

District-Based Elections Update
On May 6, 2019, the City of Brea received a notice letter from Shenkman & Hughes, P.C. (“S&H”) alleging that the City’s at-large election system violates the California Voting Rights Act (“CVRA”). The City and S&H subsequently executed an Extension Agreement in which S&H agreed to refrain from filing a CVRA action as long as the City took specified steps to transition to district-based elections. In accordance with the Extension Agreement, on June 20, 2019, the City Council adopted Resolution No. 2019-049, declaring its intent to transition from at-large elections for City Council to district-based elections for City Council.

Pursuant to that resolution, the City Council intends to consider adoption of an ordinance to transition to district-based elections in accordance with applicable laws including Government Code Section 34886 and Elections Code Section 10010. That resolution directed staff to work with the City Clerk, City Attorney, a 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 voting districts in a manner consistent with the intent and purpose of the CVRA and the Federal Voting Rights Act (“FVRA”).

Pursuant to the adopted resolution, within 90 days of receipt of the 2020 Census results, the City must conduct at least four (4) public hearings before the final map adoption, in accordance with the following legal requirements:

  • At least two (2) public hearings before maps are drawn, within a 30-day period
  • At least two (2) public hearings after maps are drawn, within a 45-day period
  • Ordinance introduction to establish district-based elections and adopt map
  • Ordinance adoption at a regular meeting

In anticipation of receiving the 2020 Census data, the City issued a Request for Proposals for Electoral Districting Services on April 6, 2021. The offer due date is April 27, 2021, and the Professional Services Agreement is tentatively scheduled to go before the Finance Committee on May 11, 2021 and the City Council on May 18, 2021.
William Gallardo, City Manager
Prepared by: Victoria Popescu, Deputy City Clerk
Concurrence: Lillian Harris-Neal, City Clerk 
Extension Agreement
Resolution No. 2019-049

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