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elections. For example, the City of Palmdale incurred $4.7 million in plaintiff's legal fees <br />in unsuccessfully defending in court an at -large City Council election system, in addition <br />to their own nearly $2 million in legal defense fees, and the Cities of Santa Barbara, <br />Whittier, Anaheim and Modesto incurred legal fees of between $600,000 and $3 million <br />in settling such challenges. All of these cases ended with those cities adopting by - <br />district elections. <br />In 2016, the California legislature amended Elections Code § 10010 to simplify the <br />process of converting to by -district elections and to provide a "safe harbor" process to <br />protect agencies from litigation. Under the amended Elections Code, the attorneys' fees <br />a prospective plaintiff may recover are capped at $30,000, if a public agency adopts a <br />resolution of intention to change to a by -district system of elections within 45 days after <br />the receipt of a letter from that prospective plaintiff alleging a CVRA violation and then <br />completes the transition process within 90 days after the adoption of that initial <br />resolution. <br />Staff has prepared a draft Resolution of Intention for establishing and implementing by - <br />district elections for City Council consideration. The resolution allows the City to take <br />advantage of the above-described "safe harbor" provisions to implement a by -district <br />election system, thus protecting the City's taxpayers from the risk of future litigation. The <br />recommendation to approve the resolution is not based on any admission or concession <br />that the City would ultimately be found to have violated the CVRA. Rather, the public <br />interest may be ultimately better served by voluntarily transitioning to district -based <br />elections due to the uncertainty of litigation to defend against a CVRA lawsuit and the <br />potentially extraordinary cost of such a lawsuit, even if the City were to prevail. <br />The proposed resolution outlines the City's intention to transition from an at -large to <br />district -based elections, specific steps it will undertake to facilitate this transition, and an <br />estimated time frame for doing so (Attachment B). The proposed schedule envisions <br />City Council adoption of an election district map and election sequence on or before <br />March 31, 2018, followed by a vote on a Charter revision during the statewide primary in <br />March 2020, followed by the first by -district City Council election in November 2020. <br />A prospective plaintiff may not bring a CVRA lawsuit within 90 days after passage of the <br />resolution and Mr. Shenkman and the City mutually agreed to extend that safe harbor to <br />March 31, 2019. This allows the City to retain its own ability to determine and adopt an <br />appropriate district map instead of having the risk of a court doing so. Additionally, <br />adopting the resolution by March 31 enables the City to cap at $30,000 its exposure of <br />having to reimburse Mr. Shenkman his attorney fees. <br />