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Home My WebLink AboutRES CC 2018 3755 2018 1011 RESOLUTION NO. 2018-3755 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DECLARING ITS INTENT TO TRANSITION FROM AT-LARGE TO DISTRICT-BASED COUNCILMEMBER ELECTIONS WITH A SEPARATE DIRECTLY ELECTED MAYOR, OUTLINING SPECIFIC STEPS TO BE TAKEN TO FACILITATE THE TRANSITION AND ESTIMATING A TIME FRAME FOR ACTION PURSUANT TO ELECTIONS CODE SECTION 10010 WHEREAS, members of the City Council of the City of Moorpark ("City") are currently elected in "at-large" elections in which each City Councilmember may reside anywhere in the City and is elected.by the registered voters of the entire City (Moorpark Municipal Code Section 2.04.045); and WHEREAS, pursuant to Measure D, approved by Moorpark voters on November 8, 1988, the office of Mayor is a separate, directly elected office in the City (Moorpark Municipal Code Section 2.04.045); and WHEREAS, California Government Code Section 34886 authorizes the legislative body of a city of any population to adopt an ordinance, without a vote of people, to change its method of election of councilmembers from an "at-large" system to a "district-based" system and with a separately elected mayor, in which each councilmember is elected only by the voters in the district in which the councilmember resides and with a separate, directly elected mayor; and WHEREAS, the California Legislature in amendments to Elections Code Section 10010, has provided a method whereby a jurisdiction can expeditiously change to a district-based election system; and WHEREAS, the California Voting Rights Act ("CVRA"), as found in Elections Code Section 14025 through 14032, generally precludes at-large methods of elections when there is racially polarized voting and minority vote dilution that impairs the ability of a protected class to elect candidates of its choice; and WHEREAS, on August 29, 2018, the City received a letter dated August 27, 2018 from Kevin Shenkman on behalf of the Southwest Voter Registration Education Project asserting that voting in Moorpark is racially polarized, resulting in minority vote dilution in violation of the CVRA; and WHEREAS, pursuant to Elections Code Section 10010 (e)(3)(A), the City has 45 days from the date it received Mr. Shenkman's August 27, 2018 letter for the City Council to pass a resolution outlining its intent to transition from an at-large election system to a district-based election system for the election of Councilmembers, and by so doing, avail itself of a statutory preclusion on a prospective plaintiff's ability to commence an action to enforce the CVRA for an additional 90 days; and Resolution No. 2018-3755 Page 2 WHEREAS, the City Council has weighed the public interests served by the current at-large election system for Councilmembers, the legal risks of maintaining that system, the public interests served by City Council consideration of a proposal to transition to a district-based election system for Councilmembers, and has determined that the public interests would be best served under the circumstances to consider a transition to a district-based election system for Councilmembers while retaining the office of Mayor as a separate, directly elected office; and WHEREAS, if the City Council passes this Resolution, then pursuant to Elections Code Section 10010 (e)(3)(B), a prospective plaintiff is precluded from commencing an action to enforce the CVRA for an additional 90 days from the date the Resolution was passed; and WHEREAS, the City and Mr. Shenkman, on behalf of a prospective plaintiff, have entered into an agreement dated and effective October 11, 2018, to extend the time for completion of the process of adopting an ordinance to transition to a district-based election system for an additional 90 days; and WHEREAS, prior to the City Council's consideration of an ordinance to establish district boundaries for a district-based electoral system, California Elections Code Section 10010 requires all of the following: 1. The City shall hold at least two (2) "public hearings" over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts; and 2. After all draft maps are drawn, the City shall publish and make available for release at least one draft map and, if members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections shall also be published; and 3. The City Council shall also hold at least two (2) additional "public hearings" over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven (7) days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven (7) days before being adopted. WHEREAS, the City, through its City Attorney, has retained an experienced demographer to assist the City to develop a proposal for a district-based elections system; and Resolution No. 2018-3755 Page 3 WHEREAS, pursuant to Government Code Sections 34886 and 34873, the adoption of a district-based elections system will not affect the terms of a Councilmember then serving on the effective date of the ordinance that approves a district-based election system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby expresses its intent to consider adoption of an ordinance to transition to a district-based elections system for City Councilmembers, as authorized by Government Code Section 34886 for use in the City's General Municipal Election for City Councilmembers commencing November 2020. SECTION 2. The City Council directs staff to work with the City Attorney and demographer, and other appropriate consultants as needed, to provide a detailed analysis of the City's current demographics and any other information or data necessary to prepare a draft map that divides the City into four voting districts in a manner consistent with the intent and purpose of the California Voting Rights Act and the Federal Voting Rights Act. SECTION 3. The City Council hereby approves the tentative timeline as set forth in Exhibit A (the "Tentative Timeline"), attached to and made a part of this Resolution, for conducting a public process to solicit public input and testimony on proposed district- based electoral maps before adopting any such map. SECTION 4. The Tentative Timeline may be adjusted by the City Manager as deemed necessary, provided that such adjustments shall not prevent the City from complying with the time frames specified by Elections Code Section 10010, as such timeframes have been extended by agreement of the prospective plaintiff. SECTION 5. The City Council directs staff to post information regarding the proposed transition to a district based election system, including maps, notices, agendas and other information and to establish a means of communication to answer questions from the public. SECTION 6. The City Council hereby directs staff to set November 14, 2018 as the first public hearing required by the City at which the public will be invited to provide input regarding the composition of the districts. Resolution No. 2018-3755 Page 4 SECTION 7. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 11th day of October, 2018. a. Jan ce S. Parvin, Mayor ATTEST: 4aomft,„ A407 9.; Maureen Benson, City Clerk tTP 4OP -410 Exhibit "A" - Tentative Timeline - Consideration and Implementation of"District- Based" Election Method Resolution No. 2018-3755 Page 5 EXHIBIT "A" TENTATIVE TIMELINE - CONSIDERATION AND IMPLEMENTATION OF "DISTRICT-BASED" ELECTION METHOD Action Allotted Time Suggested Timeline Letter dated August 27, Received August 29, 2018 2018 Asserting Violation of CVRA Open Session Discretionary October 3, 2018 Discussion Item (Regular Council Meeting) Consider Adoption of 45 Days from Receipt of Letter October 11, 2018 Resolution of Intent to (Election Code § 10010(e)(3)(A)) (Special Meeting; Last Transition from at-large Date Council is Available to district-based Period for Public Outreach re Before Saturday, elections Districting Process ((Election Code October 13, 2018 § 10010(a)(1)) Deadline) First Public Hearing on November 14, 2018 District Composition (Pre-Map Drawing) -not 6:30 p.m. intended as a City Council meeting Second Public Hearing Within 30 Days of First Public Hearing December 12, 2018 on District Composition (Election Code § 10010(a)(1)) (Pre-Map Drawing) - not 6:30 p.m. intended as a City Council meeting Demographer Draws December 12, 2018 - District Maps December 31, 2018 Draft Map(s) and 7 Days Prior to Consideration of January 9, 2019 or Sequencing Released to Map(s) at Hearing (Election Code January 16, 2019 Public § 10010(a)(2))1 First Public Hearing on January 16, 2019 or District Maps and January 23, 2019 Sequencing - this is intended to be a City Council meeting 1 The 7-day public review period is required each time a new map is presented to the public for review The public review required for additional maps could delay the schedule. Resolution No. 2018-3755 Page 6 Revised Map(s) and New 7 Days Prior to Hearing (for new January 31, 2019 Draft Maps and maps) or Adoption (of Revised Map) Sequencing Released to (Election Code § 10010(a)(2))2 Public Second Public Hearing Within 45 Days of First Public Hearing February 6, 2019 or on District Maps and on District Maps and Sequencing February 13, 2019 Sequencing - this is (Election Code § 10010(a)(2)) intended to be a City Council meeting Introduction of Ordinance Final Public Hearing and No sooner than 5 Days After First February 20, 2019 Adoption of Ordinance- Introduction (Government Code this is intended to be a § 36934) City Council meeting Safe Harbor Deadline - 180 Days After Adopting Resolution of April 9, 2019 as extended by Intent(Election Code Agreement § 10010(e)(3)(B)) 2 The 7-day public review period is required each time a new map is presented to the public for review. The public review required for additional maps could delay the schedule. Resolution No. 2018-3755 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2018-3755 was adopted by the City Council of the City of Moorpark at a special meeting held on the 11th day of October, 2018, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 23rd day of October, 2018. Maureen Benson, City Clerk (seal) r � _ ,tiY r