CITY OF RANCHO SANTA MARGARITA - City Council Staff Report - Resolution of Intent to Transition from At-Large to By-District Elections

Sep 15, 2026

A city staff report dated July 24, 2023 outlines a recommendation for adopting a resolution of intent to transition the Rancho Santa Margarita City Council election method from at-large voting to by-district elections. The report explains the current at-large system, the district-based election model, and the City’s exposure to potential litigation under the California Voting Rights Act. It describes how CVRA permits claims based on racially polarized voting, discusses “safe harbor” provisions, and clarifies that switching will not change existing council terms.

LanguageEnglish

CategoryLetters

FormatPDF

Pages17

Reading Time6 min

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Background and Discussion

Background

The CVRA

# CITY OF RANCHO SANTA MARGARITACITY COUNCILSTAFF REPORT July 24,2023 DATE: TO: City Council of the City of Rancho Santa Margarita Jennifer M.Cervantez,City Manager 2Gregory E.Simonian,City Attorney for or FROM: : BY: SUBJECT:Resolution of Intent to Transition from At-Large to By-District Elections ## Recommendation Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFRANCHOSANTAMARGARITA,CALIFORNIA,DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO BY-DISTRICT ELECTIONS PURSUANT TOCALIFORNIA ELECTIONS CODE SECTION 10010(E)(3)(A)AND FINDING THE PROPOSED TRANSITION EXEMPTFROM THE CALIFORNIA ENVIRONMENTAL QUALITYACT PURSUANT TO STATE CEQA GUIDELINESSECTIONS 15061(B)(3),15320,AND 15378(B)(5) ## Background and Discussion Background Since incorporating as a city on January 1,2000,members of the City Council of theCity of Rancho Santa Margarita have been elected by the at-large method of electionrather than by the by-district election system;the at-large method of election is one inwhich the voters of the entire jurisdiction elect the members to the governing body;theby-district method of election is a method of electing members to the governing body ofa political subdivision in which the candidate must reside within an election district thatis a divisible part of the political subdivision and is elected only by the voters residingwithin that election district. In 2002,the State Legislature enacted the California Voting Rights Act("CVRA"),modifying burden of proof requirements contained in the federal Voting Rights Act of1965 to make it much easier for plaintiffs to challenge the at-large system of electionsfor cities.The CVRA prohibits a public agency from using at-large elections if it impairsthe ability of a protected class,as defined,to elect candidates of its choice or otherwise influence the outcome of an election.The CVRA includes the imposition of district-based elections by a court as a remedy to violations of the Act,and requires the publicagency to pay all legal and court fees should the plaintiff prevail in court. On June 23,2023,the City Clerk received a letter,dated June 21,2023,from MichelleR.Jackson of the Law Offices of Michelle R.Jackson,an attorney representing anundisclosed resident of the City of Rancho Santa Margarita("Prospective Plaintiff"),which is attached hereto,asserting that the City's at-large election system violates theCalifornia Voting Rights Act("CVRA”)because it results in “racially polarized voting"thatdilutes the impact of Latino voters.The letter demands that the City voluntarily changeits at-large system for electing City Council Members to a district-based system to avoidlitigation. While Ms.Jackson's letter did not include any statistical data or demographic evidenceto support her claim that the CVRA has been violated by the City's use of an at-largeelection system,it is in the public interest to begin the process of transitioning from at-large to district-based elections due to the uncertainty of litigation to defend against aCVRA lawsuit and the potential extraordinary cost to defend such a lawsuit,even if theCity were to prevail in court.The vast majority of public agencies receiving a similarletter demanding a change of their at-large elections to district-based elections haveavoided litigation by availing themselves of the"safe harbor"provisions afforded topolitical subdivisions under State law by voluntarily transitioning from at-large to district-based elections,citing the cost of legal defense and potential liability for significantattorney fees and settlement costs if the City's legal defense is unsuccessful in court. Attorney Michelle R.Jackson,on behalf of the Prospective Plaintiff,may commencelitigation under the CVRA to compel the City to switch to district-based elections unlessthe City Council adopts a resolution outlining its intention to transition from at-large todistrict-based elections,specifying steps it will

FAQs

What is the resolution intended to achieve?

The resolution declares the City’s intention to transition from at-large elections to by-district elections for City Council seats.

Why is the transition being considered?

The report addresses uncertainty of litigation risk under the California Voting Rights Act, including possible costs and attorney-fee liability.

Will the transition affect current City Council members’ terms?

No. Adoption of a district-based system will not affect existing terms, and current members may serve until their terms expire.

Sep 15, 2026

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