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Can the City delay creating district voting until the census and can that decision be negotiated? What would the cost be to delay? Has it been done in other jurisdictions? How would the Council delay the implementation of districts and any related cost? What is the optics of waiting until the 2020 census to create districts? What is the community opinion? And are there examples of other communities that have done similar?

The City’s outside counsel advises that the City has the option to delay implementing district-based elections until after the 2020 Census, and a number of jurisdictions took this approach preceding the last Census (in 2010). However, litigation under the CVRA has become substantially more active since that time, and this approach would not necessarily avoid...

Does the City have a choice between 4 or 5 districts? What input can community give regarding 5 districts? What input can we make to ensure City investigates 5 districts thoroughly, as opposed to 4 districts?

Article IV, Section 2 of the Charter provides that “all elections to fill public offices and elections on measures shall be made, held and conducted in the manner provided by law.” Thus, Staff has concluded that under this provision, a vote of the people is not required to change to district-based elections for the four...

What sets San Rafael apart from the rest of the County with regard to an at large mayor as opposed to a rotating mayor? What benefit to the City transition to 5 districts and rotating mayor vs current to 4 districts and at large mayor?

The Mayor’s office in San Rafael is elected pursuant to Article VI, Section 2 of the City’s Charter, which was approved by the voters in 1912. Other cities in Marin County governed by general state law, rather than by a charter city; however, general law cities may also put a measure before their voters to...

The cost of running for office disadvantages certain members, in particular Latino members, of the community. Will the cost of running for office in either a district or citywide election be one of the considerations in court and is that something the City will also consider?

This is a matter for further public input and discussion by the City Council as it considers the composition of the electoral districts.

Will attorney Shenkman be required to prove that he spent $30K before the City is required to reimburse him?

Mr. Shenkman must provide documentation to back up the demand, but in past cases the documentation has not been very specific and the fees have been negotiated.

The City of Encinitas spent $150K on the attorneys and $45K on the demographer and $30K to reimburse plaintiff. Should we expect similar costs? Any others?

The City’s outside counsel advises that those figures appear to be realistic for the demographer and the plaintiff. Fees for the City’s attorneys would likely be less, since minimal travel time would be required.

Are the districts set by population or registered voters? If population, wouldn’t that create significant disparity of registered voters over the districts?

Districts are set by total population. It can create a significant disparity, but that is the basis that has been approved by the courts, including—most recently—the Supreme Court in Evenwel v. Abbott. The chief exception is that prisoners can be excluded from the population base.

Could this process force the City to do a 2018 election under any scenario?

Staff is not aware of any circumstance that would require the City to hold an election for City Council in 2018.

Do we need to collapse the 2020 and 2022 elections? How does it work when only three of the 5 positions are up in 2020?

No. The seats just rotate in. Each current member of the Council serves out the rest of the term to which he or she was elected, and then must run for re-election in the districts. It potentially gets a little more complicated if two councilmembers are paired in a single district, but everybody still serves...

If the City is sued, could the City appeal to the judge to give us a five year period to come into compliance and demonstrate increased diversity on the Council?

Once a lawsuit is filed under the CVRA, we do not believe there is any authority for a judge to stay the case for five years; even if a judge is willing to approve a five-year transition period, it seems unlikely that this would be a basis for refusing to award the plaintiffs their attorney’s...

How does the timing of the City’s decision play into likely outcomes?

If the City transitions to district-based elections within the timeline established by the CVRA, the City will be liable for the attorney’s fees of the potential plaintiffs, capped at $30,000. If the City chooses not to make the transition within that timeline but does so after being sued, it is possible that the City will...

Under what circumstances would a vote of the people be required when setting up districts and at-large versus rotating Mayor?

Article IV, Section 2 of the Charter provides that “all elections to fill public offices and elections on measures shall be made, held and conducted in the manner provided by law.” Thus, Staff has concluded that under this provision, a vote of the people is not required to change to district-based elections for the four...

Assuming the City moves to district elections and set the districts in 2018, what districts will be open in the next election in 2020? For example, if the Mayor and two Councilmembers are up for reelection in 2020, will it be the districts the two incumbents are in that get to vote? What if there is another district with no Councilmembers currently living there? If the Mayor runs for re-election and he lives in a district that has no Councilmember, is that district Councilmember seat up for election as well?

No. The seats just rotate in. Each current member of the Council serves out the rest of the term to which he or she was elected, and then must run for re-election in the districts. It potentially gets a little more complicated if two councilmembers are paired in a single district, but everybody still serves...

Is the City considering forming a citizens committee to look at the issue?

Given the very strict timelines that the Legislature has imposed for this process under the CVRA, and the substantial number of hearings that must be had in a short time, a citizen commission is impractical at this point. Nothing would prevent the Council from appointing such a committee in 2021, when lines are redrawn following...

What made the City decide to take proactive action on district elections rather than just wait for pressure from the various groups? What does the City hope to accomplish?

The City began to do research, hired outside counsel, and started to schedule public hearings on the issue of district-based elections when it learned of the impending receipt of Mr. Shenkman’s letter. The City hopes to provide an opportunity for all interested persons to provide input to the City Council on the issue of district-based...

Did the City receive a letter from attorney Kevin Shenkman?

Yes, Kevin Shenkman’s letter dated November 10, 2017, addressed to the City Clerk was received by her on November 20, 2017.

Notice of Exemption - City of San Rafael LHMP

New Counter Hours for Planning and Building!

Starting Monday, December 4th, 2017, City Hall 3rd floor functions of Planning/Zoning, Building and Cashier/Business Licenses will have new counter hours. The Planning Division will add one additional afternoon (Tuesdays) for counter hours during the week. Building Division & the Business Licenses/Cashier counter hours: Monday- Thursday: 8:30am - 4:30 pm; and Friday: 8:30 am -1:30...

Home-Based Childcare

Upper Portion of Irwin Street closed to thru Traffic beginning Monday, November 27

You may have noticed our recent road closure signs posted on the 100 block of Irwin Street. During the 2016-17 winter season, heavy storms and rainfall contributed to a slide on part of the hillside adjacent to the upper portion of Irwin Street. We are working with FEMA to make necessary repairs on this steep...

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