AGENDA ITEM
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: JOY POST
ASSISTANT CITY CLERK
BY: MATTHEW E. RICHARDSON
CITY ATTORNEY
SUBJECT:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO BY-DISTRICT ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10010 AND SETTING FORTH THE PROCESS FOR TRANSITIONING TO DISTRICT ELECTIONS
Summary:
The City received a letter challenging its use of an at-large voting system. The letter alleges that the City’s use of at-large elections violates the California Voting Rights Act’s (“CVRA”) prohibitions on racially polarized voting and vote dilution. Over 700 public agencies have transitioned from at-large to by-district elections due to the nature of the CVRA. Most have done so without contesting the underlying allegations of racially polarized voting and vote dilution in order to avoid large attorneys fee awards. Similarly, in order to avoid expensive litigation and probably attorneys’ fee awards, staff is recommending that the City Council initiate the process of transitioning from at-large to by-district elections.
Recommendation:
It is recommended that the City Council adopt the following resolution declaring the City Council’s intention to transition from at-large to by-district elections pursuant to the provisions of the California Voting Rights Act:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO BY-DISTRICT ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10010 AND SETTING FORTH THE PROCESS FOR TRANSITIONING TO DISTRICT ELECTIONS
Fiscal Impact:
If the City Council adopts Resolution 2026-08-6957, an expert demographer would be needed to prepare the district maps; that cost is approximately $30,000. If the City adopts by-district elections voluntarily and within the law’s “safe harbor” provision, the City will be responsible for attorneys’ fees and costs for a maximum amount of approximately $34,000 to the potential plaintiffs represented by Mr. Shenkman. If the City decides to not move forward with the transition to by-district elections, and Mr. Shenkman files a CVRA lawsuit against the City, the financial impact could be much higher.
CEQA Analysis:
The proposed Ordinance is not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations. Specifically, this Resolution simply states the City Council intention to transition from at-large to by-district elections, which will not result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this Resolution is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.
Background:
The City of Signal Hill currently elects its five-member City Council through an “at-large” electoral system in which each City Council member may reside anywhere within the City’s boundaries, and each member is elected by the voters of the entire electorate to provide Citywide representation. This is in contrast to a “by-district” electoral system where the City is divided into geographical districts, where each City Council candidate must reside in the district he or she will represent, and only voters within a given district vote for that district’s Council Member.
On June 29, 2026, the City received a letter from Shenkman & Hughes on behalf of the Southwest Voter Registration Education Project, that claims the City’s at-large system of voting dilutes the ability of Latino voters to elect candidates of their choice or to otherwise influence the outcome of the City’s elections. As a result, Mr. Shenkman claims that the City’s at-large elections violate the California Voting Rights Act. Mr. Shenkman was required to send this letter before he could file a lawsuit claiming the City has violated the CVRA.
The letter received by the City from Mr. Shenkman asked for a response from the City by August 10, 2026, but did not include any evidence to support a claim of a CVRA violation, and the City is not aware of any such evidence at this time and denies that its election system violates the CVRA or any other similar law. This report provides background information on the CVRA and the City’s options to respond to Mr. Shenkman’s demand letter.
Analysis:
The California Voting Rights Act (CVRA)
The California Voting Rights Act, Elections Code Sections 14025-14032, was enacted in 2002 and provides a private right of action to members of any protected class where an at-large election system impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election.
The CVRA allows for legal challenges to any at-large system, seeking a court order that a public agency convert to a by-district election system. A violation of the CVRA may be established if it can be shown that racially polarized voting has combined with an at-large voting system to impair the ability of a protected class of voters to elect candidates of its choice or to influence the outcome of an election.
“Racially polarized voting” under the CVRA means voting in which there is a difference between the choice of candidates (or other electoral choices) that are preferred by voters in a protected class and the choice of candidates (and other electoral choices) preferred by voters in the rest of the electorate as defined by federal law under the Federal Voting Rights Act.
A plaintiff can allege under the CVRA that a local public agency’s “at-large” electoral system results in prohibited discrimination against minority voters and, as a result, the defendant agency must transition to a by-district system to remedy that discrimination. Importantly, the CVRA does not require a plaintiff to show racial discrimination by the agency or other discriminatory intent. Due to the broad wording of the CVRA, to date no public entity has successfully defended itself against a CVRA challenge; some agencies have paid millions of dollars in plaintiffs’ attorney fees trying to do so.
In fact, close to 700 public agencies have transitioned from at-large to by-district elections after receiving CVRA threat letters. Following is a brief listing of notable fee awards paid by cities who have challenged CVRA threat letters:
• Palmdale: $4.7 million
• Santa Clara: $3.8 million
• Modesto: $3 million
• Highland: $1.3 million
• Anaheim: $1.1 million
• Santa Monica: $10 million (requested to-date)
These amounts do not include costs of defense, which in many cases were also in the millions of dollars. Due to the fact that no public agency has prevailed in a CVRA challenge, and the likelihood of high attorneys’ fees, most public agencies voluntarily transition to by-district elections without contesting the allegations of racially polarized voting and vote dilution, which is staff’s recommendation here. In summary, given the lack of clarity in the CVRA, cities voluntary transition to district elections not because they have actually violated the law but because the legal process created by the law establishes an opportunity for substantial financial jeopardy and loss of revenue to the community that most often outweighs the benefits of contesting the issue in court.
The Process for Transitioning Under the CVRA
The CVRA provides a defined process for transitioning to by-district elections, including a very short timeline for doing so. Following are the basic steps of that process.
(1) Demand Letter and Response Period.
The first step in initiating the CVRA process is a prospective plaintiff sending a demand letter, as Mr. Shenkman has done here. Once that letter is sent, the prospective plaintiff cannot sue the City for at least 45 days from the City’s receipt of the letter. The 45th day from June 29, 2026, (the date the City received the letter) is Thursday, August 13, 2023.
(2) Resolution of Intention.
The City then has the option to voluntarily transition to by-district elections, beginning with the adoption of a resolution declaring its intention to transition from at-large to district-based elections. The resolution also addresses the steps the City will take to facilitate the transition, including an estimated schedule. Once the resolution of intention is adopted, the prospective plaintiff is barred from suing the City for at least 90 days from the date of the resolution’s adoption.
(3) Public Hearings Prior to Drawing of District Map.
An important step in the actual process of transitioning to district elections is preparing a draft district map. Before drawing a map, the City must hold at least two public hearings over a period of no more than 30 days at which the public must be invited to provide input regarding the district’s composition.
(4) District Map Drawing.
Based on City Council and community input, an expert will then prepare a proposed map or maps. Each district must be nearly equal in total population, using the data from the most recent census. The districts must be prepared in compliance with specific State and federal requirements, including considerations of contiguity, compactness, communities of interest, and natural geographic boundaries.
(5) Timing and Sequence of Elections.
During this process the City Council will also need to establish the timing and sequence of district elections. The change to district boundaries will not affect the current at-large terms of any incumbents. Following the first election with the new district map, the City Council would be comprised of approximately half of its members elected by-district and approximately half of its members elected at-large.
(6) Public Hearings for Map Consideration.
After the draft maps have been prepared, the City must publish and make them available to the public. The City must also show the staggered terms of office and the potential sequence of the elections. The City Council must then hold at least two additional public hearings over a period of no more than 45 days during which the public will be invited to provide input regarding the draft maps and sequence of elections. The first draft map must be published at least seven days before it is considered at a public hearing. If the map is revised at or during a hearing, it must be published again and made available to the public for at least seven days before being adopted.
(7) Map Adoption.
After selecting a map and choosing the timing and sequence of the election, the City Council would then adopt an ordinance providing for by-district elections, approve the map, and begin implementing by-district elections.
(8) Safe Harbor for Attorneys’ Fees.
Should the Council ultimately adopt the ordinance establishing district-based elections within the 90-day time frame, the prospective plaintiff will be barred from filing a CVRA lawsuit against the City. However, within 30 days of the final adoption, he may demand reimbursement for the cost of the work product generated to support the initial notice. His demand must be made in writing and must be substantiated with financial documentation. The City must reimburse the potential plaintiff for reasonable costs incurred within 45 days of the written demand. The amount may not exceed approximately $34,000. ($30,000 statutory cap indexed for several years of inflation). Should the City fail to transition to by-district elections with the 90-day period provided by the CVRA, it loses the protection of the attorneys’ fees cap and will be exposed to much higher fee requests.
(9) Proposed Resolution of Intention
If the City Council prefers to stay within the “safe harbor” provisions described above, it should adopt the attached resolution of intention. The Resolution commences the transition process, will stay any potential CVRA lawsuit, and gives the City Council time to complete the process of transitioning to by-district elections.
Attachments:
A. Resolution No.2026-08-6957, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO BY-DISTRICT ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10010 AND SETTING FORTH THE PROCESS FOR TRANSITIONING TO DISTRICT ELECTIONS.”