After receiving a legal threat in March alleging Half Moon Bay’s at-large election system violates the California Voting Rights Act, the City Council is considering a shift to by-district elections, but with some reluctance.
The council called for robust community outreach on the potential shift at a meeting Tuesday, and directed staff to use that feedback to prepare several alternative election systems along with district maps from which to choose.
The discussion was triggered by a letter the city received March 6 from Southern California attorney, Kevin Shenkman, claiming that the city has violated the CVRA because “voting in Half Moon Bay is racially polarized, resulting in minority vote dilution.” As in numerous other letters Shenkman has sent to cities across California, he threatened legal action if Half Moon Bay does not voluntarily transition to by-district elections.
“Frankly we’re reacting to litigation that we’ll lose, and not thoughtfully considering the best thing for the community,” Councilman Rick Kowalczyk said, according to a video of the meeting. “At the end of the day, the best thing for the community is to ensure fair and equal representation and I’ll always fight for that. I’m not sure this does that, but I think it doesn’t take away from that, so in that regard the best thing to do is to look at district options.”
Councilmembers appeared wary of litigation and discussed the prospect of by-district elections with varying degrees of enthusiasm, but every member present expressed support for at-large elections for mayor if the by-district system were to be adopted. Vice Mayor Harvey Rarback was absent from the meeting.
“I think there’s a need for at least one representative elected at large to keep everyone focused on the big picture,” Councilwoman Debbie Ruddock said.
City Clerk Jessica Blair said the city has until April 20 to adopt a resolution of intent to switch to district elections, and until July 19 to adopt an ordinance declaring district maps, but added she feels confident the city attorney could negotiate a “reasonable timeline” to accommodate an extensive community outreach process.
Councilmembers generally welcomed the potential for greater representation in local government, but also worried the by-district approach could lead to tribalism.
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“The disadvantage, of course, is somebody that’s elected in a district might focus most on their district as opposed to the town as a whole. I don’t like that because I like all of us looking over the town of Half Moon Bay as opposed to a specific, small district that we’re trying to advocate for,” Councilman Adam Eisen said. “I think it’s more community oriented to do it the way we’re currently doing it, but I’m up for change.”
Mayor Deborah Penrose, who supports district elections, said city staff is currently working on a demographic study of the city, which will help determine district boundaries.
Penrose also called for discussion about campaign spending limits throughout the process.
In San Mateo County, Menlo Park is currently transitioning to district-based elections and South San Francisco received a letter around the same time as Half Moon Bay.
Cities comparable in size and demographics to Half Moon Bay that have switched to district elections include Eureka, San Rafael, Santa Barbara, Martinez and Costa Mesa, among others, according to a staff report.
“I can’t think of anything that would be as momentous for Half Moon Bay as this,” Ruddock said. “It’s a really big change.”
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