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HomeMy WebLinkAboutAGENDA REPORT 2019 0221 ADJ CCSA ITEM 05BCITY OF MOORPARK, CALIFORNIA City Council Meeting of 2.21.2019 ACTION Selected Map 401a and Sequencing Option 2 for Election in 2020 and Introduced Ord No. 467 BY M. Benson B. Fifth Public Hearing to Receive Comments on the Transition to District- Based Elections and Proposed Council District Maps and Sequencing of Elections; If the Council Selects a Final Map, Introduce an Ordinance Providing for the Election of City Council Members by District with an At - Large Elected Mayor, Establishing the Boundaries and Identification Number of Each District, Establishing the Election Order of Each District, Amending Chapter 2.08 (“Municipal Elections”) of the Moorpark Municipal Code, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act. Staff Recommendation: 1) Reopen the public hearing to receive public comments regarding the transition of the City from at -large elections to district- based elections for City Council Members, the content of the final three (3) draft Council district maps, and the proposed sequencing of elections; 2) If the City Council is prepared to select a particular draft map and the sequencing of district elections based on that map, then direct staff to insert the final map number into the draft ordinance included as Attachment 4 and introduce the ordinance for first reading; and 3) If the City Council is not prepared to select a draft map and sequencing of district elections, then it is recommended that the Council provide specific direction on the modification(s) desired, if any, to one or m ore of the final three (3) draft maps and continue the public hearing to March 6th at 6:30 PM. At the conclusion of the hearing on March 6th, the City Council would consider introducing an ordinance to establish a district-based election system. Item: 5.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Kevin G. Ennis, City Attorney Nicholas R. Ghirelli, Assistant City Attorney Doug Johnson, National Demographic Corporation DATE: 2/21/2019 Adjourned Regular Meeting SUBJECT: Fifth Public Hearing to Receive Comments on the Transition to District-Based Elections and Proposed Council District Maps and Sequencing of Elections; If the Council Selects a Final Map, Introduce an Ordinance Providing for the Election of City Council Members by District with an At-Large Elected Mayor, Establishing the Boundaries and Identification Number of Each District, Establishing the Election Order of Each District, Amending Chapter 2.08 (“Municipal Elections”) of the Moorpark Municipal Code, and Making a Determination of Exemption Pursuant to the California Environmental Quality Act SUMMARY The City of Moorpark has undertaken a process of considering whether to transition from a system of at-large elections to a system of district-based elections for electing its Council Members. This public hearing was continued from the February 6th City Council meeting and is part of the City’s process for converting to district-based elections under the California Voting Rights Act (“CVRA”). A final public hearing will be held at a regular City Council meeting where the City Council will vote to approve or reject an ordinance establishing district-based elections. At its last public hearing held on February 6, 2019, the City Council narrowed its focus from thirty-six (36) to three (3) draft district maps: 401a, 418a, and 422a. All three (3) final maps were published for public review at least seven days before this hearing. A summary chart of all thirty-six (36) maps, with the three (3) final maps highlighted for reference, is included herein as Attachment 1. Copies of each of the final three (3) maps are included herein as Attachment 2. For reference, the general locations of the incumbent Council Members’ residences are identified on each of the maps. Item: 5.B. 12853-0027\2267531v7.doc 1 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 2 In narrowing its focus to three (3) maps, the City Council also concluded the public map drawing phase of the districting process. Accordingly, the City Council decided it would no longer receive new maps from the public or the City’s professional demographer, except for modifications to one of the final three (3) maps at the February 21st public hearing. As part of the public hearing process, correspondence on this matter received after the February 6th public hearing and prior to publication of this staff report is attached hereto as Attachment 3. If, at the conclusion of this public hearing, the City Council is prepared to select and proceed with a final map, which has previously been published for at least seven (7) days, then the Council may introduce the draft ordinance included herein as Attachment 4 for first reading. In order to do so, the City Council must first direct staff to insert the selected map and sequencing of district elections into the draft ordinance. If the City Council is not prepared to select a draft map and desires refinements to one of the three (3) final draft maps, or the preparation of a new map(s), then the City Council may provide specific direction to staff to prepare a limited number of maps for consideration and selection of one of the maps for inclusion in a draft ordinance to be considered at the City Council’s regular meeting of March 6th. BACKGROUND Background information regarding the CVRA and the procedures to convert to a district-based election process for electing City Council Members is available on the City’s website: https://www.moorparkca.gov/799/District-Based-Elections. The staff reports for the prior public hearings on this matter, including October 3 and 11, 2018, January 23, 2019, and February 6, 2019, are available to the public in the document archive on the City’s district-based elections website. The videos from these public hearings are also available at the above link. Accordingly, this staff report will not repeat the information provided in the previous staff reports. Minutes from the prior public hearings, except the January 23rd and February 6th hearings, are included as Attachment 5. DRAFT MAPS As part of the process of transitioning to district-based elections, the City Attorney’s Office retained National Demographics Corporation (NDC) to analyze the City’s demographic and voting data and to draft proposed district maps for the election of Council Members by district. 12853-0027\2267531v7.doc 2 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 3 The City Council previously considered a total of thirty-six (36) maps at its meeting of February 6th, fourteen (14) of which were the primary focus of the City Council’s consideration because they satisfied basic principles under the CVRA and Federal Voting Rights Act, such as population balancing, and various criteria set forth by City Council Members. In addition, the City Council earlier decision of January 23rd to retain an at-large elected Mayor with four Council districts meant that the City Council would not further consider five-district maps (508, 514, 515, 519, 520, 526) or three-district maps (304). The fourteen maps previously published for focused City Council consideration at the February 6th public hearing included 401a, 402a, 406a, 407a, 411, 412a, 413, 418, 418a, 421a, 422a, 423a, 424, and 425. Some of these maps are revised versions of maps previously presented to the City Council on January 23rd. These included all of the maps with an “a” in their names. For example, 406a is the population-balanced version of the map 406. Some of the other “a” maps were altered based on councilmember comments to move zero population areas into particular districts if such changes would facilitate having the district touch Los Angeles Avenue or the Arroyo Simi. Maps 421a, 422a and 423a were revised versions submitted by residents Janet Murphy & Dawn Morata and map 407a was a version of a map provided by resident Bruce Hamous. Maps, however, were not modified to detach the area on Charles Street from the Moorpark Highlands area because it would cause a split in a Census Block. The City Council deliberated between the fourteen (14) focused maps, along with certain other previously published maps (422) at the February 6th public hearing and further narrowed its focus to draft maps 401a, 418a, and 422a. City Council Members selected these three maps based on the following comments: • All three (3) maps create a centralized downtown district, which protects the voting strength of the Latino neighborhoods in the downtown area. • All three (3) maps create four (4) districts that each touch portions of Los Angeles Avenue. • 401a avoids splitting homeowners associations, which serve as communities of interest, and does not combine the Serenata neighborhood with the Campus Park neighborhood. • 418a more closely follows geographical features, such as the Arroyo Simi, and freeways. • 422a, retains Everett Street and major portions of Charles Street in the centralized downtown district. 12853-0027\2267531v7.doc 3 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 4 Some Council Members indicated that they would further consider whether the Virginia Colony should be included in a district that includes the Campus Park area or the centralized downtown district. Each draft map also identifies the potential sequence of elections for that map, if the City Council Members will be elected at different times to provide for staggered terms of office. A more detailed discussion of sequencing is included below in this staff report. All draft maps of the proposed boundaries of the districts received from NDC and the public are currently published on the City’s website and include the population and proposed election sequencing information, and these files and all of the public hearing agenda records are also available in the Office of the City Clerk, and can be emailed or printed upon request. DISTRICTING OUTREACH PROCESS Effective January 1, 2017, Elections Code Section 10010 established a new process for switching to district-based elections. The process includes a series of public hearings at which the public is invited to provide input regarding the composition of the districts. The purpose of the first two public hearings is to receive comments regarding the transition of the City from at-large elections for Council Members to district-based elections for Council Members, the time frame for this transition, and the criteria and factors that go into the drawing of maps of single-member voting districts. The second two public hearings are intended to receive comments regarding proposed district maps. The City Council has now held the minimum number of required public hearings under the CVRA. The City Council is now providing additional public hearings, above and beyond the minimum required by the CVRA, as it further narrows its focus on draft maps. City staff has undertaken a robust public outreach process to inform residents about the districting process and to invite them to the various public hearings. This includes (1) an online portal on the City’s website, which included a digital map drawing application and all videos of, and presentations and documents provided at, the public hearings; (2) social media postings; (3) newspaper advertisements; (4) direct mailers in English and Spanish to households registered to received Spanish-language ballots and to households in predominantly Latino neighborhoods; (4) emails; (5) press releases; and (6) HOA outreach in English and Spanish. In addition, the City has made Spanish language translators available at all public hearings. These outreach efforts exceed the minimal requirements to inform the public about the public hearings under the CVRA. Attachment 6 of this staff report provides a detailed explanation of the City’s outreach efforts to date. The schedule for the transition from at-large elections to district-based elections for City Council requires five public hearings between November 13, 2018 and 12853-0027\2267531v7.doc 4 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 5 the proposed date of March 6, 2019 for the introduction or adoption of the ordinance establishing district-based elections (scheduled items in italics are proposed to be completed at this hearing): • October 11, 2018 Adoption of proposed resolution stating the City’s intent to transition to district-based elections • November 13, 2018 Public Hearing No. 1 • December 12, 2018 Public Hearing No. 2 • January 16, 2019 Draft maps of proposed Council districts and sequencing available • January 23, 2019 Public Hearing No. 3 • February 6, 2019 Public Hearing No. 4 • February 21, 2019 Optional Public Hearing No. 5 and potential date to introduce ordinance to elect Council Members by District • March 6, 2019 If not introduced on February 21st, introduce ordinance to elect Council Members by districts, or second reading and approval if introduced on February 21st • March 20, 2019 Ordinance adoption if introduced on March 6th (ordinance effective 30 days after second reading and adoption) CENSUS BLOCKS, POPULATION NUMBERS, AND BLOCK SPLITS Doug Johnson of NDC prepared a detailed explanation regarding the use of Census Blocks, population numbers, and block splits in the districting process. His explanation has been reviewed and revised by our Office and is set forth below: As noted above, 2010 Census data is used to ensure compliance with the Federal requirement for equal population in the districts. In a small jurisdiction like Moorpark, the presumptively constitutional difference between the largest and smallest districts can be no more than 860 people. The data used to calculate the population of each district comes from the Census Bureau in small geographic units called Census Blocks. Where streets follow a grid pattern, each street border is typically a Census Block border. But where there are cul-de-sacs and/or hills, the Bureau struggles to find lines that it can use as Census Block borders, so often two groupings of houses separated by large hills end up in the same Census Block even though the two groupings of houses are in distinctly different neighborhoods. This happens frequently in the northern portion of Moorpark, and in some parts of the southern areas. 12853-0027\2267531v7.doc 5 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 6 Although the use of Census Blocks in drawing district boundaries is not strictly required by the CVRA or Federal Voting Rights Act, their use is a matter of practical reality because it is the most reliable manner of calculating each district’s population. Accordingly, it is not necessarily illegal to split Census Blocks, but there are some limitations to splitting Census Blocks in the redistricting process that are explained further below. The Members of the City Council have previously requested information on the process that If a district boundary divides a Census Block in a way that has significant numbers of residences on either side of the division, the demographer would have to speculate at the number of occupied residences on either side at the time of the April 1, 2010 Census, and speculate at how many people were in each of those occupied residences. If the block involves only 5 or 10 people then there is little threat that an estimation error would impact whether the overall plan is within the 10 percent maximum deviation allowed. But as the population of the Census Block grows (some Census Blocks have 500, one thousand, or more residents), the risk grows that the estimates are wrong and that the plan might actually not meet the equal population requirement. In a situation where a Census Block contains a large population of residents, a more precise method of calculating the populations of split blocks is required. For example, one possible method of estimating the population of a split block is to count the number of dwellings in the area and ask the homeowners/renters how many people are in the dwelling. This method may still not yield a precise population count of the split blocks, but it could provide a more recent count than the somewhat dated 2010 Census figures. (Prosser v. Elections Bd., 793 F. Supp. 859, 865 (W.D. Wis. 1992.) In the Prosser case, the District Court addressed an alternative process for estimating populations when Census Blocks are split. That process included asking residential building managers how many people lived in their buildings and concluded that such a process could yield sufficiently reliable population data for the split Census Blocks. If an identifiable and specific portion of a Census Block is confirmed to lack any population in the 2010 Census, then it may be possible to shift that identifiable area into an adjoining block without undertaking a survey of the current population in that area. At bottom, the Council must adopt population balanced maps, meaning a difference of no more than 860 people between the largest and smallest districts. In order to do so, the City may rely on the recognized method of using Census Blocks or, it if wishes to split a Census Block, undertake an accurate head count within the newly created split Census Blocks. This would likely require direct outreach to homes in order to count the number of people in each unit. At this time it is unclear whether the City could complete such a survey before the City Council must act on an ordinance to convert to district-based elections. 12853-0027\2267531v7.doc 6 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 7 If the district populations are suspected to be unbalanced, a resident, for whatever reason, could bring a successful lawsuit challenging the map on the grounds that the districts are not population balanced. The City would have the benefit of using Census Blocks to justify the district populations if Census Blocks are not split. The Council reviewed the issue of census block splitting at the February 6, 2019 Regular meeting and did not direct any further analysis of splitting current census blocks. Staff was, however, directed to provide input for changes to census blocks for the 2020 census. Staff is proceeding to develop recommendations for new census blocks for the 2020 census, and will schedule a report to the Council in March for input on a draft map showing revised census blocks to be submitted for the 2020 census. ELECTION SEQUENCING Robert McEntire and Doug Johnson prepared a detailed explanation regarding election sequencing, which has been reviewed and revised by our Office and is set forth below: Districting involves two tasks: drawing a map of election districts, and deciding which districts would hold elections in which years. The latter task is referred to as “sequencing.” The CVRA contains the following provision on sequencing: “In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts.” (Elections Code Section 10010(b)). The primary purpose of the CVRA is to eliminate racially polarized voting. There are two absolute requirements for election sequencing: 1. If the City Council intends to maintain sequencing, it has to match the current seats-to-years counts: since the Council currently has 2 Council Members up in 2020, and currently has two Council Members up in 2022, there must be two districts up for election in 2020 and two districts up for election in 2022; and 2. It will not impact current Council Members’ remaining terms. This means that all Councilmembers remain “at-large” Council Members for the 12853-0027\2267531v7.doc 7 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 8 duration of their current terms. No Council Members are “assigned” to any district at the time the map is adopted – Council Members only represent a given district after they are elected in a by-district election in that district. Given these two tasks, the City will need to establish an election sequence schedule to ensure that the four council seats are filled after the November 2020 election and that elections continue to be staggered. Staggering council seats is not legally required, but the vast majority of cities do it in order to preserve institutional knowledge and smooth governance. Like most California cities, Moorpark’s current practice is to stagger elections. State law permits the City Council to specify transitional sequencing in order to implement the new districts. (Government Code Section 34878). The current terms of office of the four existing Moorpark Council Members are: (1) Councilmembers Mikos and Simons (terms ends in 2020); and (2) Councilmembers Enegren and Pollock (terms end 2022). Once district maps are adopted, the Council must determine which of the newly drawn districts will be first for district representation. The Council can assign any two districts to 2020 that the Council wishes to select for that election year (with the remaining districts then automatically assigned to 2022). Among other options, the public may wish to discuss and the Council may wish to consider the following hierarchy for district sequencing: 1. If a single Council Member is in a district, that district is assigned to match the Council Member’s election term, as this allows the voters in that district to decide whether their current Council Member, should he or she run for re-election, deserves re-election; 2. If two Council Members whose terms end in the same year are in a single district, that district is assigned to match the two Council Members’ terms; 3. If that does not assign all the districts (meaning there is at least one pair of Council Members with differing election years), then the most-heavily- Latino/traditionally lowest-turnout district is assigned to 2020, since that is a higher-turnout Presidential election year and that sequencing choice will generate more total voters voting in Council elections (this also goes along with the statutory language about considering “the goals of CVRA” when making sequencing decisions); 4. Any remaining election sequence slots are randomly assigned to the remaining open and/or paired-Council-Members-on-different-terms seats. The most common change to the above hierarchy is if one Council Member already knows that he or she is not going to run again at the end of his or her term – then the City can ignore his or her location and term for this analysis. 12853-0027\2267531v7.doc 8 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 9 If a district is up in 2020 and the term of one resident Council Member ends in 2020 while the term of another Council Member resident in that district ends in 2022, then the 2020 Councilmember can run for re-election to that district seat in 2020 at the normal end of his term. But it may not be that simple, as the 2022 Council Member faces a dilemma: he/she can run, mid-term, in 2020 against the 2020 Council Member. If the 2022 Council Member wins, he/she resigns the 2022 at-large seat and is sworn into the 2020 by-district seat, leaving a two-year vacancy in the at-large seat. The Council would then fill that two-year, at-large vacancy by appointment or special election. The Council could even appoint the 2020 Council Member who just lost the head-to-head contest to fill the two-year term. If the 2022 Council Member loses, he/she remains on the Council for the remaining two years of his/her current four-year at-large term, and then leaves the Council in 2022. The following table summarizes the impact on Council Members of the sequencing decisions: Representative Resides in 2020 District Representative Resides in 2022 District Representative’s Term Ends in 2020 Representative can run for re- election in the district at end of current term. Representative leaves office at the end of term. Representative can run for the office two years later, though not as an incumbent. Representative’s Term Ends in 2022 (Option 1) Representative leaves office at end of term, and could run again two years later, though not as an incumbent. (Option 2) Representative runs for by-district seat in 2020. If elected, resigns at-large seat (leaving a 2- year, at large vacancy) and is sworn into by-district seat. If unsuccessful, remains in office until 2022 end of current at-large term. Representative can run for re-election in the current district at the end of current term. Traditionally under-represented areas generally want to hold the by-district election in their new district as soon as possible. When the next election is a 12853-0027\2267531v7.doc 9 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 10 Presidential election (as was the case when Elections Code Section 10010(b) was written), this sets up an easy goal, as the low-turnout area would have an election as soon as possible and an election in a high-turnout Presidential election year. When the next election is a Gubernatorial election, holding an election in the lowest-turnout area as soon as possible conflicts with the goal of enhancing the ability of that historically low-turnout area to elect their preferred candidate. The “next election” is a one-time event, but assigning an area to a Gubernatorial or a Presidential election is essentially a permanent decision: once someone is elected from that area, future post-census redistrictings generally keep the district on the same election cycle as the local representative. While it has been done, staff recommends against a purely random assignment of election years, because such an approach ignores the potential representation benefits of an assigned election year for historically under-represented areas and has the possibility of forcing a representative, who has been chosen by the voters, from office based on a purely random act. When Modesto, for example, randomly assigned election years, the random drawing of numbers blocked from re-election two Council Members whom the map had located alone in different districts. Attachment 7 of this staff report is a chart identifying the various sequencing options available for each of the final three (3) draft maps: 401a, 418a, and 422a. In accordance with the goals of the CVRA, each sequencing option places the centralized downtown district on the 2020 election ballot. The chart also explains how the various sequencing options would affect the current City Council incumbents should they decide to run for re-election in 2020 or 2022, as the case may be. FISCAL IMPACT The City through its City Attorney retained NDC to analyze the demographic data and voting data of the City and draft proposed district maps for the election of Council Members by district. If a claim for the attorney fees is made by Mr. Shenkman, the maximum potential liability to the City under Elections Code Section 10010 is $30,000 if the City ultimately transitions to district-based elections within the agreed upon timeline. The legal and contract services costs including the anticipated $30,000 payment were budgeted by the City Council at its meeting of November 7, 2018, through the adoption of a budget amendment resolution. Staff costs to administer the process are in addition to the previously approved budget amendment. STAFF RECOMMENDATION Staff recommends that the City Council: 12853-0027\2267531v7.doc 10 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 11 1. Reopen the public hearing to receive public comments regarding the transition of the City from at-large elections to district-based elections for City Council Members, the content of the final three (3) draft Council district maps, and the proposed sequencing of elections. 2. If the City Council is prepared to select a particular draft map and the sequencing of district elections based on that map, then direct staff to insert the final map number into the draft ordinance included as Attachment 4 and introduce the ordinance for first reading. 3. If the City Council is not prepared to select a draft map and sequencing of district elections, then it is recommended that the Council provide specific direction on the modification(s) desired, if any, to one or more of the final three (3) draft maps and continue the public hearing to March 6th at 6:30 PM. At the conclusion of the hearing on March 6th, the City Council would consider introducing an ordinance to establish a district-based election system. ATTACHMENTS 1. Summary Chart of All Draft Maps 2. Final Three Draft Maps (including Demographic and Voting Information, Summary Tables, and Incumbent Locations) 3. Correspondence Received Regarding Draft Maps Since February 6, 2019 4. Draft Ordinance to Adopt District-Based Elections 5. Minutes of 11/13/2018, and 12/12/2018 Public Hearings 6. Summary of Outreach Efforts 7. Chart Identifying Sequencing Options 12853-0027\2267531v7.doc 11 Honorable City Council 02/21/2019 Adjourned Regular Meeting Page 12 Attachment 1 Summary Chart of All Draft Maps 12853-0027\2267531v7.doc 12 NDCMoorpark Map Statistics Status Summary2/15/2019Plan Name Submitter # Districts Pop. Dev. Most-Latino PairsAll Touch LA Group Status401a multiple 4 5.59% 49.6% 2 in D1; 2 in D2 Yes Central Focus418a Mark Van Dam 4 4.52% 49.6% 2 in D1; 2 in D2 Yes Central Focus422aJanet Murphy & Dawn Mortara4 9.89% 51% 3 in D1YesCentralFocus407a Bruce Hamous4 5.66% 48% 2 in D1YesCentral eliminated418 Mark Van Dam4 4.69% 49.6% 2 in D1; 2 in D2 YesCentral eliminated423aJanet Murphy & Dawn Mortara4 1.38% 47% 2 in D1YesCentral eliminated402a Stephanie Anderson 4 3.38% 46% 2 in D1; 2 in D2 Yes Quadrant eliminated406a Mark Van Dam4 7.46% 45% 2 in D1; 2 in D2 Yes Quadrant eliminated412aNDC4 6.38% 47% 2 in D1; 2 in D2 Yes Quadrant eliminated424Steve Kueny4 3.21% 46% 2 in D1; 2 in D2Quadrant eliminated425Steve Kueny4 9.73% 40% 3 in D3Yes Quadrant eliminated411NDC4 6.71% 46% NoneNoVertical eliminated413NDC4 4.11% 45% 2 in D1Yes Vertical eliminated421aJanet Murphy & Dawn Mortara4 9.96% 45% 2 in D1NoVerticaleliminated416 Kristine Reynolds 4 107.73% n/a 2 in D1; 2 in D2Not Balanced eliminated417Jeff Reynolds4 51.19% n/a 2 in D1; 2 in D2Not Balanced eliminated426Alex Yee4 1.34% 23% 2 in D1; 2 in D2Not Contiguouseliminated401multiple4 5.42% 49.7% 2 in D1; 2 in D2Central replaced402 Stephanie Anderson 4 3.38% 46% 2 in D1; 2 in D2Quadrant replaced407Bruce Hamous4 2.42% 49.5% 4 in D1Central replaced412NDC4 6.38% 47% 2 in D1; 2 in D2Quadrant replaced422Janet Murphy & Dawn Mortara4 4.61% 53% 3 in D1Central replaced423Janet Murphy & Dawn Mortara4 6.66% 48% 2 in D1Centralreplaced304T. Duck3 106.87% n/an/aNot Balanced eliminate403Janine Atkins4 19.01% n/a 2 in D3Not Balanced eliminate405Ute Van Dam4 78.16% n/a 2 in D1; 2 in D2Not Balanced eliminate406 Mark Van Dam4 16.93% n/a 2 in D1; 2 in D2Not Balanced fixed409 Stephanie Anderson 4 15.77% n/a 4 in D1Not Balanced eliminate410 Stephanie Anderson 4 8.77% 33% 2 in D1; 2 in D2Splits Latinos eliminate421Janet Murphy & Dawn Mortara4 10.51% n/a 2 in D1; 2 in D2Not Balanced fixed508 David Delgadillo5 4.94% 49% 3 in D1; 2 in D2Five eliminate514NDC5 3.08% 55% 2 in D1Five eliminate515NDC5 8.51% 51% 3 in D1; 2 in D2Five eliminate519Janet Murphy & Dawn Mortara5 3.72% 57% 3 in D1; 2 in D2Five eliminate520Janet Murphy & Dawn Mortara5 8.11% 51% 3 in D1; 2 in D2Five eliminate526 *Clint Harper5 8.92% 49% 2 in D1; 2 in D2New eliminateATTACHMENT 113 Attachment 2 Final Three Draft Maps (including Demographic and Voting Information, Summary Tables, and Incumbent Locations) 14 4312Simons2020Enegren2022Pollock2022Mikos2020Parvin2020Oak ParkVilla delArroyoMobile Hm PkMoorparkCommunityColgCollege ViewParkVirginiaColony ParkMoorpark PlzOld TownBusinessDistrictMoorparkVillage CtrMonte VistaNature ParkPeach HillParkChaparral JrHSVlg Retail &Auto ShopsArroyo VistaCommunityParkMountainMeadows CityParkGlenwoodParkCountryTrail ParkGabbert Canyon Chnnl2311811823118City of Moorpark 2018 DistrictingNational Demographics Corporation, February 14, 2019Map 401aProposed Election Sequencing:2020: Districts 4 and one of 1, 2 or 32022: two of 1, 2, or 3Map layers401aCensus BlockLandmark AreaPipeline/Power LineRailroadRiverStreetsWater AreaCouncil 201915 District 1 2 3 4 Total Ideal Total Pop 8,664 8,816 8,606 8,335 34,421 Deviation from ideal 59 211 1 -270 481 % Deviation 0.69% 2.45% 0.01% -3.14% 5.59% % Hisp 31% 15% 15% 67% 31% % NH White 57% 71% 73% 27% 57% % NH Black 2% 2% 2% 2% 2% % Asian-American 9% 11% 9% 4% 8% Total 6,116 6,631 6,250 4,479 23,476 % Hisp 19% 12% 13% 50% 21% % NH White 68% 77% 74% 46% 68% % NH Black 3% 0% 2% 1% 2% % Asian/Pac.Isl.10% 9% 10% 3% 8% Total 5,762 5,803 5,660 3,347 20,573 % Latino est.22% 12% 12% 53% 22% % Spanish-Surnamed 20% 11% 11% 48% 19% % Asian-Surnamed 4% 5% 5% 3% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.68% 82% 80% 39% 70% % NH Black 2% 0% 3% 0% 1% Total 4,735 4,937 4,880 2,503 17,056 % Latino est.22% 11% 12% 52% 20% % Spanish-Surnamed 19% 10% 11% 47% 18% % Asian-Surnamed 4% 4% 4% 3% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.69% 83% 80% 40% 72% % NH Black 2% 0% 3% 0% 1% Total 2,190 3,078 2,977 1,152 9,397 % Latino est.16% 10% 10% 45% 16% % Spanish-Surnamed 14% 9% 9% 40% 14% % Asian-Surnamed 3% 5% 3% 3% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.78% 81% 85% 48% 78% % NH Black est.1% 1% 1% 0% 1% ACS Pop. Est.Total 8,854 9,010 8,736 8,429 35,029 age0-19 27% 24% 27% 31% 27% age20-60 57% 59% 57% 57% 58% age60plus 16% 17% 16% 12% 15% immigrants 16% 12% 16% 27% 18% naturalized 60% 58% 60% 26% 47% english 76% 82% 79% 48% 72% spanish 13% 11% 10% 48% 20% asian-lang 5% 4% 3% 2% 3% other lang 6% 4% 8% 2% 5% Language Fluency Speaks Eng. "Less than Very Well"10% 6% 8% 23% 12% hs-grad 54% 47% 47% 54% 50% bachelor 26% 31% 30% 12% 25% graduatedegree 9% 16% 17% 4% 12% Child in Household child-under18 35% 37% 38% 42% 38% Pct of Pop. Age 16+ employed 65% 65% 67% 63% 65% income 0-25k 6% 4% 6% 13% 7% income 25-50k 11% 10% 7% 24% 13% income 50-75k 16% 9% 14% 21% 15% income 75-200k 55% 54% 54% 39% 51% income 200k-plus 11% 23% 19% 3% 15% single family 95% 92% 97% 56% 86% multi-family 5% 8% 3% 44% 14% rented 20% 16% 15% 61% 27% owned 80% 84% 85% 39% 73% Total population data from the 2010 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2012-2016 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) Total Pop City of Moorpark - Map 401a Language spoken at home 8,605 Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2016) Voter Turnout (Nov 2016) Voter Turnout (Nov 2014) 16 4321Simons2020Enegren2022Pollock2022Mikos2020Parvin2020Oak ParkVilla delArroyoMobile Hm PkMoorparkCommunityColgCollege ViewParkCampusCanyon ParkVirginiaColony ParkMoorpark PlzOld TownBusinessDistrictMoorparkVillage CtrMonte VistaNature ParkPeach HillParkCommunityPlaygroundChaparral JrHSVlg Retail &Auto ShopsArroyo VistaCommunityParkMountainMeadows CityParkGlenwoodParkCountryTrail ParkGabbert Canyon Chnnl2311811823118City of Moorpark 2018 DistrictingNational Demographics Corporation, February 14, 2019Proposed Election Sequencing:2020: District 4 and one of 1, 2, or 32022: two of 1, 2, or 3Map 418aMap layers418aCensus BlockLandmark AreaPipeline/Power LineRailroadRiverStreetsWater AreaCouncil 201917 District 1 2 3 4 Total Ideal Total Pop 8,698 8,664 8,724 8,335 34,421 Deviation from ideal 93 59 119 -270 389 % Deviation 1.08% 0.69% 1.38% -3.14% 4.52% % Hisp 15% 31% 15% 67% 31% % NH White 71% 57% 73% 27% 57% % NH Black 2% 2% 2% 2% 2% % Asian-American 11% 9% 10% 4% 8% Total 6,520 6,116 6,361 4,479 23,476 % Hisp 12% 19% 13% 50% 21% % NH White 77% 68% 74% 46% 68% % NH Black 0% 3% 2% 1% 2% % Asian/Pac.Isl.9% 10% 10% 3% 8% Total 5,717 5,762 5,746 3,347 20,573 % Latino est.12% 22% 12% 53% 22% % Spanish-Surnamed 11% 20% 11% 48% 19% % Asian-Surnamed 5% 4% 5% 3% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.82% 68% 80% 39% 70% % NH Black 0% 2% 3% 0% 1% Total 4,864 4,735 4,954 2,503 17,056 % Latino est.12% 22% 12% 52% 20% % Spanish-Surnamed 10% 19% 11% 47% 18% % Asian-Surnamed 4% 4% 4% 3% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.82% 69% 80% 40% 72% % NH Black 1% 2% 3% 0% 1% Total 3,032 2,190 3,023 1,152 9,397 % Latino est.10% 16% 10% 45% 16% % Spanish-Surnamed 9% 14% 9% 40% 14% % Asian-Surnamed 5% 3% 3% 3% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.81% 78% 85% 48% 78% % NH Black est.1% 1% 1% 0% 1% ACS Pop. Est.Total 8,890 8,854 8,856 8,429 35,029 age0-19 24% 27% 27% 31% 27% age20-60 59% 57% 57% 57% 58% age60plus 17% 16% 16% 12% 15% immigrants 12% 16% 16% 27% 18% naturalized 58% 60% 60% 26% 47% english 82% 76% 79% 48% 72% spanish 11% 13% 10% 48% 20% asian-lang 3% 5% 3% 2% 3% other lang 4% 6% 7% 2% 5% Language Fluency Speaks Eng. "Less than Very Well"6% 10% 8% 23% 12% hs-grad 47% 54% 47% 54% 50% bachelor 31% 26% 30% 12% 25% graduatedegree 16% 9% 17% 4% 12% Child in Household child-under18 37% 35% 38% 42% 38% Pct of Pop. Age 16+ employed 65% 65% 67% 63% 65% income 0-25k 4% 6% 6% 13% 7% income 25-50k 10% 11% 7% 24% 13% income 50-75k 9% 16% 14% 21% 15% income 75-200k 54% 55% 54% 39% 51% income 200k-plus 23% 11% 20% 3% 15% single family 92% 95% 97% 56% 86% multi-family 8% 5% 3% 44% 14% rented 16% 20% 15% 61% 27% owned 84% 80% 85% 39% 73% Total population data from the 2010 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2012-2016 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) Total Pop City of Moorpark - Map 418a Language spoken at home 8,605 Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2016) Voter Turnout (Nov 2016) Voter Turnout (Nov 2014) 18 3421Simons2020Enegren2022Pollock2022Mikos2020Parvin2020Oak ParkVilla delArroyoMobile Hm PkMoorparkCommunityColgCollege ViewParkCampusCanyon ParkCampus ParkVirginiaColony ParkMoorpark PlzOld TownBusinessDistrictMoorparkVillage CtrMonte VistaNature ParkPeach HillParkCommunityPlaygroundMoorparkTown CtrVlg Retail &Auto ShopsArroyo VistaCommunityParkMountainMeadows CityParkGlenwoodParkCountryTrail ParkGabbert Canyon Chnnl2311811823118City of Moorpark 2018 DistrictingNational Demographics Corporation, February 14, 2019Proposed Election Sequencing:2020: Districts 2 and 32022: Districts 1 and 4Map 422aMap layers422aCensus BlockLandmark AreaPipeline/Power LineRailroadRiverStreetsWater AreaCouncil 201919 District 1 2 3 4 Total Ideal Total Pop 8,672 8,958 8,107 8,684 34,421 Deviation from ideal 67 353 -498 79 851 % Deviation 0.78% 4.10% -5.79% 0.92% 9.89% % Hisp 15% 27% 70% 16% 31% % NH White 69% 60% 24% 73% 57% % NH Black 2% 2% 2% 2% 2% % Asian-American 12% 10% 4% 8% 8% Total 6,474 6,364 4,311 6,328 23,476 % Hisp 11% 17% 51% 15% 21% % NH White 77% 68% 45% 75% 68% % NH Black 0% 3% 1% 2% 2% % Asian/Pac.Isl.11% 10% 2% 7% 8% Total 5,578 5,962 3,147 5,885 20,573 % Latino est.13% 20% 53% 14% 22% % Spanish-Surnamed 12% 18% 47% 12% 19% % Asian-Surnamed 5% 4% 3% 4% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.80% 70% 39% 79% 70% % NH Black 0% 3% 0% 2% 1% Total 4,713 4,935 2,352 5,055 17,056 % Latino est.13% 20% 51% 14% 20% % Spanish-Surnamed 12% 18% 46% 12% 18% % Asian-Surnamed 5% 4% 3% 4% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.81% 71% 40% 80% 72% % NH Black 0% 3% 0% 2% 1% Total 2,904 2,367 1,073 3,052 9,397 % Latino est.12% 14% 44% 11% 16% % Spanish-Surnamed 11% 12% 40% 10% 14% % Asian-Surnamed 5% 3% 4% 3% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.81% 81% 48% 82% 78% % NH Black est.1% 1% 0% 1% 1% ACS Pop. Est.Total 8,847 9,150 8,196 8,836 35,029 age0-19 25% 27% 31% 26% 27% age20-60 58% 57% 57% 58% 58% age60plus 17% 16% 12% 16% 15% immigrants 15% 17% 28% 13% 18% naturalized 59% 60% 27% 58% 47% english 78% 76% 47% 83% 72% spanish 13% 13% 48% 9% 20% asian-lang 4% 5% 2% 3% 3% other lang 5% 7% 2% 6% 5% Language Fluency Speaks Eng. "Less than Very Well"7% 10% 24% 6% 12% hs-grad 46% 54% 52% 49% 50% bachelor 32% 26% 13% 29% 25% graduatedegree 15% 10% 5% 17% 12% Child in Household child-under18 36% 35% 43% 38% 38% Pct of Pop. Age 16+ employed 65% 65% 63% 67% 65% income 0-25k 5% 6% 13% 5% 7% income 25-50k 10% 11% 23% 9% 13% income 50-75k 10% 16% 21% 13% 15% income 75-200k 52% 55% 39% 54% 51% income 200k-plus 23% 12% 3% 19% 15% single family 91% 95% 59% 95% 86% multi-family 9% 5% 41% 5% 14% rented 17% 20% 59% 17% 27% owned 83% 80% 41% 83% 73% Total population data from the 2010 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2012-2016 American Community Survey and Special Tabulation 5-year data. Housing Stats Household Income Education (among those age 25+) Total Pop City of Moorpark - Map 422a Language spoken at home 8,605 Immigration Citizen Voting Age Pop Age Voter Registration (Nov 2016) Voter Turnout (Nov 2016) Voter Turnout (Nov 2014) 20 Attachment 3 Correspondence Received Regarding Draft Maps Since February 6, 2019 21 Maureen Benson From: Deborah Traffenstedt Sent: To: Cc: Subject: Tuesday, February 12, 2019 1:47 PM City Council & City Manager DistrictElections@moorparkca.gov FW: District Maps & Term Limits -----Original Message----- From: Tina Graham [mailto:tnagraham@gmail.com] Sent: Tuesday, February 12, 2019 11:31 AM To: Deborah Traffenstedt Subject: Re: District Maps & Term Limits Given the 3 choices I'd be ok with 401 a or 418a Sincerely, Christina Graham >On Jan 23, 2019, at 4:10 PM, Tina Graham <tnagraham@gmail.com> wrote: > >For tonight's meeting: > > I support Maps 407 and 402 in that order. > >I highly recommend Term Limits and district representatives living in district they represent. > >Am disabled and unable to attend this evening's important meeting. > > Please include my Map votes as 407 first choice and 402 second choice. > >Also please address Term Limits. > >We must have fresh representation in Moorpark with new Mayor and City Council Members every few years. > > City Council Members must definitely reside in the district they represent. > >Yours truly, > Christina Graham > 11521 Poopyglen Ct >Moorpark, CA 93021 1 ATTACHMENT 3 22 Maureen Benson From: Sent: To: Subject: -----Original Message----- Deborah Traffenstedt Monday, February 11, 2019 9:07 AM DistrictElections@moorparkca.gov FW: My Desire for District Zoning Map/ 418A From: juliest@pacbell.net [mailto:juliest@pacbell.net] Sent: Saturday, February 09, 2019 10:36 AM To: City Council & City Manager Subject: My Desire for District Zoning Map I 418A Hello -I live on Olive Street in Moorpark's Serenata neighborhood and would like to let you know I would prefer the city adopt map 418A. Thank you for your consideration, Julie St Amand 14303 Olive Street 1 ATTACHMENT 3 23 Attachment 4 Draft Ordinance to Adopt District-Based Elections 24 ATTACHMENT 4 12853-0027\2262735v4.doc ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, PROVIDING FOR THE ELECTION OF CITY COUNCIL MEMBERS BY DISTRICTS WITH AN AT-LARGE ELECTED MAYOR, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT, AMENDING CHAPTER 2.08 (“MUNICIPAL ELECTIONS”) OF THE MOORPARK MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Moorpark currently elects its four (4) City Council Members and Mayor using an at-large election system, where candidates may reside in any part of the City and each City Council Member and the Mayor are elected by the voters of the entire City; and, WHEREAS, pursuant to Elections Code Section 10010, a city that changes from an at-large method of electing City Council Members to a district-based method of electing City Council Members requires a total of five public hearings, which include: (1) at least two public hearings regarding the composition of the districts before any draft maps are drawn; (2) at least two public hearings following the release of draft district maps; and (3) a final public hearing before an ordinance establishing the district-based method of electing City Council Members is adopted; and, WHEREAS, at a regular meeting of the Moorpark City Council held on October 11, 2018, the City Council adopted Resolution No. 2018-3755, declaring the City Council’s intent to transition from at-large to district-based City Council Member elections, with a separately elected at-large Mayor; and, WHEREAS, pursuant to Elections Code Section 10010(e)(3)(B), a prospective plaintiff could not commence an action against the City to enforce the requirements of the California Voting Rights Act of 2001 within ninety (90) days of the City Council’s adoption of Resolution No. 2018-3755. In addition, pursuant to Elections Code Section 10010(e)(3)(C), on October 11, 2018, the City Council entered into a tolling agreement with the law firm of Shenkman & Hughes to extend by an additional ninety (90) days the period of time by which the City could conduct public outreach, encourage public participation, and receive public input in connection with district-based elections. WHEREAS, pursuant to Elections Code Section 10010(a)(1), on November 13, 2018 and December 12, 2018, the City held public hearings where the public was invited to provide input regarding the composition of the districts before any draft maps were drawn; and, WHEREAS, on January 16, 2019, January 18, 2019, and January 30, 2019, the City published and made available for release approximately twenty-four (24), three (3), and thirty-six (36) draft maps, respectively, and the potential sequencing of the district elections for such maps, which were prepared by the public and the City’s professional 25 Ordinance No. ___ Page 2 -2- 12853-0027\2262735v4.doc demographer. Pursuant to Elections Code Section 10010(a)(2), these maps were published at least seven (7) days before consideration at a public hearing; and, WHEREAS, at a special meeting of the Moorpark City Council held on January 23, 2019, a regular meeting of the Moorpark City Council held on February 6, 2019 and adjourned to February 21, 2019, pursuant to Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released at least seven (7) days before each meeting, and the proposed sequence of elections, and the City Council considered and discussed the same; and, WHEREAS, at the conclusion of the public hearing held on February 21, 2019, the City Council considered this Ordinance adopting the district map known as Map ___ with Districts ___ and ___ holding elections in 2020 and every four years thereafter, and Districts ___ and ___ holding elections in 2022 and every four years thereafter. Thereafter, the City Council introduced this Ordinance for first reading; and, WHEREAS, at a regular meeting of the Moorpark City Council held on March 6, 2019, pursuant to Elections Code Section 10010(a), the City Council held a final public hearing on the proposal to establish the district boundaries and sequencing for the election of City Council Members, read this Ordinance for the second time, and approved this Ordinance adopting Map ___, with Districts ___ and ___ holding elections in 2020 and every four years thereafter, and Districts ___ and ___ holding elections in 2022 and every four years thereafter, and retaining the directly elected at-large office of Mayor; and, WHEREAS, throughout the foregoing process, the City engaged a significant amount of public outreach and engagement above and beyond the minimum requirements of the California Voting Rights Act of 2001, including substantial participation by the public in drafting proposed district maps. THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. This Ordinance is adopted with respect to the following purposes and findings: (a) Pursuant to California Government Code Sections 34871, 34886 and Elections Code Section 10010, the City Council votes to approve the change to a district-based election system for the four City Council Members whereby all four of those City Council Members shall be elected by the voters of four City Council districts rather than at-large. The office of Mayor shall remain a separately elected at-large office. (b) Pursuant to California Government Code Section 34886, it is declared the change in the method of electing members of the City Council of the City of Moorpark made by this Ordinance is in furtherance of the purposes of the California Voting Rights Act of 2001. 26 Ordinance No. ___ Page 3 -3- 12853-0027\2262735v4.doc (c) Providing for the election of City Council Members by districts and establishing the district boundaries is exempt from review under the California Environmental Quality Act pursuant to Section 15061(B)(3) of the State CEQA Guidelines, because it can be seen with certainty that the change will not have any potentially significant adverse impact on the environment. SECTION 2. Chapter 2.08 (“Municipal Elections”) of Title 2 (“Administration and Personnel”) of the Moorpark Municipal Code is hereby amended to read as follows: “Chapter 2.08 MUNICIPAL ELECTIONS Sections: 2.08.010 Procedure for Holding Elections. 2.08.020 At-Large Election of Mayor. 2.08.030 City Council Districts Established. 2.08.040 Election of City Council Members by District. 2.08.050 Election Sequence. 2.08.060 Adjustment of City Council District Boundaries. 2.08.010 Procedure for Holding Elections. All city municipal elections shall be held in accordance with the election laws of the state of California, as the same now exists or hereafter may be amended, for the holding of municipal elections. 2.08.020 At-Large Election of Mayor. The Mayor shall be a separately elected at-large office, as required by Measure D, approved by the voters of Moorpark on November 8, 1988. 2.08.030 City Council Districts Established. Four City Council districts are hereby established in the City of Moorpark. The boundaries and identifying number of each district shall be as described on the official “Council District Map” on file in the Office of the City Clerk. 2.08.040 Election of City Council Members by District. A. Commencing with the November 2020 general municipal election, City Council Members shall be elected “by districts” as defined in California Government Code Section 34871. Except for the Mayor, a person shall not be eligible to be elected as a City Council Member unless he or she is otherwise qualified as required by law, resides in the geographical area making up the district from which he or she is nominated to be elected and is a registered voter of the City of Moorpark at the time nomination papers are issued to the candidate as provided in California Elections Code Section 10227. No term of any City Council Member that commenced on or prior to the effective date of this Chapter, as amended, shall be affected by the requirements of this Section prior to the expiration date of the City Council Member’s current term. 27 Ordinance No. ___ Page 4 -4- 12853-0027\2262735v4.doc B. Registered voters signing nomination papers or voting for a City Council Member shall be residents of the geographical area making up the district from which the Member is to be elected. C. The terms of the office of the Mayor and each City Council Member are set forth in Section 2.04.045. 2.08.050 Election Sequence. Commencing with the General Municipal Election in November of 20 20 and thereafter, the voters in Council Districts __ and __ shall elect City Council Members by district for full four (4) year terms and the Mayor shall be elected at large for a two (2) year term. At the general municipal election in 2022 and thereafter, the voters in Council Districts __ and __ shall elect City Council Members by district for full four (4) year terms and the Mayor shall be elected at large for a two (2) year term. 2.08.060 Adjustment of City Council District Boundaries. A. Pursuant to Elections Code Section 21601, following each decennial federal census, and using that census as a basis, the City Council shall adjust the boundaries of any or all of the council districts of the City so that the council districts shall be nearly equal in population and shall comply with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance adopted by the City Council before the first day of November of the year following the year in which each decennial federal census is taken commencing with the 2020 federal census. The City Council shall hold a public hearing on the proposed district boundaries as required by Elections Code Section 21607 prior to the introduction of an ordinance adjusting the district boundaries. B. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Elections Code Section 21603. C. Pursuant to Elections Code Section 21606 the term of office of any City Council Member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected. D. At the first election for City Council following adjustment of the boundaries of the districts, a person meeting the requirements of Government Code Section 34882 shall be elected to the City Council for each district under the readjusted district plan that has the same district number as a district whose incumbent’s term on the City Council is due to expire.” SECTION 3. The official “Council District Map” referenced in Section 2.08.030 of the Moorpark Municipal Code is hereby approved and is attached hereto as Exhibit “A” to this Ordinance and incorporated herein by this reference. The official “Council District Map” shall be kept on file in the Office of the City Clerk. 28 Ordinance No. ___ Page 5 -5- 12853-0027\2262735v4.doc SECTION 4. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations of the districts, the eligibility of candidates, or the residence of elected City Council Members within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts. SECTION 5. To the extent the terms and provisions of this Ordinance may be inconsistent or conflict with the terms of conditions of any prior City ordinance, motion, resolution, rule, or regulation government the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof. SECTION 6. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 7. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this ____ day of __________, 2019. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 29 Ordinance No. ___ Page 6 -6- 12853-0027\2262735v4.doc EXHIBIT “A” Official Council District Map [TO BE INSERTED AFTER CITY COUNCIL SELECTION OF DISTRICT MAP] 30 Attachment 5 Minutes of 11/13/2018 and 12/12/2018 Public Hearings 31 MINUTES OF THE DISTRICT-BASED ELECTION COMMUNITY MEETING Moorpark, California November 13, 2018 A District-Based Election Community Meeting of the City of Moorpark was held on November 13, 2018, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: City Clerk Maureen Benson called the meeting to order at 6:37 p.m. 2. PLEDGE OF ALLEGIANCE: Former City Manager Steven Kueny led the Pledge of Allegiance. 3. PUBLIC HEARING: A. First Public Hearing for District-Based Election Process to Invite and Receive Public Input Regarding the Composition of the Districts for the Election of City Councilmembers Prior to Drawing a Draft Map or Maps of the Proposed Boundaries of the Districts. Staff Recommendation: The City Manager will open the public hearing and direct National Demographic Corporation to provide a presentation and explanation of the districting process, public input will be encouraged and received regarding the composition of the districts, and the public hearing will be closed. (The second public hearing on the Composition of the Districts is scheduled for December 12, 2018, at 6:30 p.m.) City Manager Troy Brown opened the public hearing and introduced demographer Douglas Johnson of National Demographics. Mr. Johnson provided a PowerPoint presentation which included discussion of why the City has initiated the process to move to district-based elections, the required time frame for accomplishing this, the requirements of state and federal law, and the tools the City of Moorpark has available on its website for residents to draw their own district maps to present to the City for consideration. Four members of the community spoke during the public hearing and Mr. Johnson responded by providing additional clarification on the process for drawing districts. He also provided additional explanation regarding how increasing the number of districts in a City the size of Moorpark is an option, but not common, because this would result in a lower number of voters in each district, and that this could result in a Councilmember being elected by a small number of voters. ATTACHMENT 5 32 Minutes of the District-Based Election Community Meeting Moorpark, California Page 2 November 13, 2018 In response to a question about whether more than four (4) districts could be mapped, Assistant City Attorney Nicholas Ghirelli, explained that to change the number of districts requires a vote of the people, and there is not time for an election prior to the deadline for the safe harbor ordinance adoption. In response to a question regarding how often the districts would be redrawn and how incumbents would serve out their current term of office following establishment of the districts, Mr. Johnson explained the districts must be redrawn every 10 years after the census is completed. He also discussed scenarios for Councilmembers serving out their term of office and sequencing for district implementation in the 2020 and 2022 elections. Mr. Johnson also responded to questions about the priority for election year 2020 or 2022 sequencing for a new district with a high Latino voter population. In response to a question whether a population area could be divided to create two districts representing Moorpark College, Mr. Johnson confirmed that a street could be used as a boundary to divide Moorpark College into two districts; however, he also stated that it was important to remember that college students lived throughout the whole City. Mr. Brown provided a street boundary example for the Moorpark College area that wouldn't actually split the College property. Mr. Johnson discussed mapping tools that would be available on the City's website, and Mr. Chong shared information that the City's website at www.moorparkca.gov/districts contains the tools for mapping and all communications regarding the district-based election process. Mr. Brown closed the public hearing and reminded the public the next community meeting for the district-based election process will be on December 12, 2018. 4. ADJOURNMENT: The meeting adjourned at 7:34 p.m. Troy Brown, City Manager ATTEST: ~!!.~~ Maureen Benson, City Clerk 33 MINUTES OF THE DISTRICT-BASED ELECTION COMMUNITY MEETING Moorpark, California December 12, 2018 A District-Based Election Community Meeting of the City of Moorpark was held on December 12, 2018, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1 . CALL TO ORDER: City Clerk Maureen Benson called the meeting to order at 6:49 p.m. 2. PLEDGE OF ALLEGIANCE: City Manager Troy Brown led the Pledge of Allegiance. 3. PUBLIC HEARING: A. Second Public Hearing for District-Based Election Process to Invite and Receive Public Input Regarding the Composition of the Districts for the Election of City Councilmembers Prior to Drawing a Draft Map or Maps of the Proposed Boundaries of the Districts. Staff Recommendation: The City Manager will open the public hearing and direct National Demographic Corporation to provide a presentation and explanation of the districting process, public input will be encouraged and received regarding the composition of the districts, and the public hearing will be closed. (The first City Council public hearing on the District Maps and Sequencing is scheduled for a special meeting on January 23, 2019, at 6:30 p.m.) City Manager Troy Brown opened the public hearing. Ms. Benson introduced demographer Robert Mcintyre of National Demographics. Mr. Mcintyre stated he will be discussing communities of interest; how maps are drawn; the legal qualifications for drawing the maps; and will introduce three tools for drawing the maps. He provided a PowerPoint presentation on the California Voting Rights Act and explained why the City has initiated this process to move to district-based elections; the required time frame for accomplishing this; the requirements of state and federal law; and the tools the City of Moorpark has available on its website for residents to draw their own district maps to present to the City for consideration. 34 Minutes of the District-Based Election Community Meeting Moorpark, California Page 2 December 12, 2018 Mr. Mcintyre explained that draft maps need to be submitted before or by January 16, 2019. These maps will be reviewed at the special City Council meeting on January 23, 2019. Mr. Mcintyre demonstrated how to draw maps using the tools on the City's website and emphasized the goal of drawing maps based on communities of interest and essential population numbers for each district based on the 2010 Census. Six members of the community spoke during the public hearing, and included comments on the creation of more than four districts; having an elected Mayor versus an appointed Mayor; and avoiding gerrymandering districts to accommodate existing Councilmembers who live close to each other. Mr. Mcintyre responded by providing additional clarification on the process for drawing districts and referred to the City Attorney for response to comments on creating more than four districts. City Attorney Kevin Ennis stated that maps of five districts or more may be submitted, as no decision on the number of districts has been made. He clarified that the City Council did initiate a process to convert from the at- large Council election system to a district-based system with four districts and an elected Mayor. Mr. Mcintyre stated that the percentage of cities in Ventura County that have adopted five districts with an appointed Mayor as opposed to four districts with an elected Mayor is about 50/50. Mr. Ennis explained that Measure D adopted by the Moorpark voters in 1988 required a directly elected Mayor, which is still currently in force. He went on to state the City Council can overturn this Measure due to a California State statute enacted in 2016 and effective in January 2017 that allows the Council in the context of trying to bring their electoral process into compliance with the California Voting Rights Act to approve, without going to the voters, to have five, seven, or nine districts; or four, six or eight districts with a directly elected Mayor. Mr. Mcintyre further demonstrated the mapping tools on the City's website at www.moorparkca.gov/districts and stated tools for creating five districts will be added to the website. In response to one speaker's concerns that the community of Moorpark Highlands has been divided on the website map, Mr. Mcintyre assured that if they do not receive a map showing that area as a community of interest, they will create a map that does; and in response to another request he said they would add data online to indicate how many units have been occupied since the last census date. 35 Minutes of the District-Based Election Community Meeting Moorpark, California Page 3 December 12, 2018 Mr. Brown closed the public hearing and reminded the public of the special City Council meeting on January 23, 2019. 4. ADJOURNMENT: The meeting adjourned at 8:18 p.m. Troy Brown, City Manager ATTEST: Maureen Benson, City Clerk 36 Attachment 6 Summary of Outreach Efforts 37 ATTACHMENT 6 Public Outreach for Public Meetings on Transition to District-Based Elections (Through February 12) Direct Mail: - Sent mailers, in Spanish, to all households in Moorpark registered to receive Spanish- language ballots from the Ventura County Clerk and Recorder’s Office. - Sent mailers, in English and Spanish, to all households in the areas of Moorpark identified by the City’s demographer consultant as 50% or more Latino. E-mail - Sent E-mails to registered subscribers for City News on November 7 and February 1. Press Release - Issued press release announcing public meetings on November 6 to: o Moorpark Acorn o Ventura County Star o Community Link o Happenings o KCLU o Spectrum News 38 Dedicated Website Launched a dedicated website (www.moorparkca.gov/districts) for the transition to District- Based Elections on October 10, with distinct pages for: - District-Based Elections Home Page and Information - Draw Your Map - Document Archive - Frequently Asked Questions - Contact Us The website was repeatedly updated as new information became available: October 10 Initial page created with background information (ahead of October 11 City Council meeting), the Document Archive, and Frequently Asked Questions. October 12 Added the City Council action on October 11 to initiate the transition to District-Based Elections. October 17 Added the timeline and meeting schedule. October 19 Added printer-friendly downloadable PDF of the timeline. October 29 Added printer-friendly downloadable Spanish-language PDF of the timeline. November 7 Added more Frequently Asked Questions. November 13 Launched the “Draw Your Map” page and tools. November 15 Added text clarifying where to submit maps, and created a separate “Contact Us” page. November 19 Added the Powerpoint presentation from the November 13 meeting. November 20 Added a link to the newly-released on-line map drawing tool. 39 December 20 Added information about how to submit a five-district map. January 16 Posted a packet of maps submitted to the City. January 18 Posted a supplemental packet of maps submitted to the City. January 25 Added the Powerpoint presentation for the January 23 meeting. January 30 Posted another supplemental packet of maps submitted to the City. February 6 Posted the three maps selected by the City Council for continued review at its February 6 meeting. Added the new February 21 meeting to the timeline. February 8 Added a notice on the “Draw Your Map” page indicating that the City is no longer accepting new map submittals as of February 7. Overall, the City’s District-Based Elections website received approximately 2,400 page views, with the District-Based Elections home page being the tenth-most visited page on the City’s website. 40 Website Home Page The City further leveraged its overall website home page to promote the meetings. - Ran a slide on the City’s website home page continuously, starting on October 10. - Posted a standing News item on the City’s website home page continuously, starting on November 7. 41 Social Media - Posted meeting information to City’s social media accounts (Facebook and Twitter) on November 11, December 5, December 12, January 18, January 23, January 25, and February 1 - Requested that the Ventura County Sheriff’s Office (Moorpark Police Department) post a meeting announcement through their Nextdoor.com account on January 23. Homeowners Association Outreach - Staff E-mailed information about the transition to District Based Elections, in English and Spanish, to all of the City’s homeowners associations/management companies on November 29. 42 Legal Advertising - As required by state law, legal advertisements for the five public hearings were placed in the Ventura County Star for the following meetings: o November 13 o December 12 o January 23 o February 6 - Legal advertisements were in both English and Spanish. - Legal advertisements were also posted on the City’s website. Translation Services at Public Hearings - Spanish language translators have been available at all public hearings during the districting process. 43 Attachment 7 Chart Identifying Sequencing Options 44 12853-0027\2267557v1.doc Sequencing Options for Final Draft Maps With Central Downtown District Sequenced for 2020 Election Option 1 Option 2 Option 3 2020 2022 2020 2022 2020 2022 401a District 4 (vacant) District 1 (Enegren/Mikos) District 2 (Pollock/Simons) District 3 (vacant) District 4 (vacant) District 2 (Pollock/Simons) District 1 (Enegren/Mikos) District 3 (vacant) District 4 (vacant) District 3 (vacant) District 1 (Enegren/Mikos) District 2 (Pollock/Simons) 418a District 4 (vacant) District 1 (Pollock/Simons) District 2 (Enegren/Mikos) District 3 (vacant) District 4 (vacant) District 2 (Enegren/Mikos) District 1 (Pollock/Simons) District 3 (vacant) District 4 (vacant) District 3 (vacant) District 1 (Pollock/Simons) District 2 (Enegren/Mikos) 422a District 3 (vacant) District 1 (Enegren/Pollock/ Simons) District 2 (Mikos) District 4 (vacant) District 3 (vacant) District 2 (Mikos) District 1 (Enegren/Pollock/ Simons) District 4 (vacant) District 3 (vacant) District 4 (vacant) District 1 (Enegren/Pollock/ Simons) District 2 (Mikos) 45 ATTACHMENT 7 SUPPLEMENTAL CORRECTED ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, PROVIDING FOR THE ELECTION OF CITY COUNCILMEMBERS BY DISTRICTS WITH AN AT-LARGE ELECTED MAYOR, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT, AMENDING CHAPTER 2.08 (“MUNICIPAL ELECTIONS”) OF THE MOORPARK MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Moorpark currently elects its f our (4) City Councilmembers and Mayor using an at-large election system, where candidates may reside in any part of the City and each City Councilmember and the Mayor are elected by the voters of the entire City; and WHEREAS, pursuant to Elections Code Section 10010, a city that changes from an at-large method of electing City Councilmembers to a district -based method of electing City Councilmembers requires a total of five public hearings, which include: (1) at least two public hearings regarding the composition of the districts before any draft maps are drawn; (2) at least two public hearings following the release of draft district maps; and (3) a final public hearing before an ordinance establishing the district -based method of electing City Councilmembers is adopted; and WHEREAS, at a regular meeting of the Moorpark City Council held on October 11, 2018, the City Council adopted Resolution No. 2018 -3755, declaring the City Council’s intent to transition from at-large to district-based City Councilmember elections, with a separately elected at-large Mayor; and WHEREAS, pursuant to Elections Code Section 10010(e)(3)(B), a prospective plaintiff could not commence an action against the City to enforce the requirements of the California Voting Rights Act of 2001 within ninety (90) days of the City Council’s adoption of Resolution No. 2018 -3755. In addition, pursuant to Elections Code Section 10010(e)(3)(C), on October 11, 2018, the City Council entered into a tolling agreement with the law firm of Shenkman & Hughes to extend by an additional ninety (90) days the period of time by which the City could conduct public outreach, encourage public participation, and receive public input in connection with district -based elections; and WHEREAS, pursuant to Elections Code Section 10010(a)(1), on November 13, 2018 and December 12, 2018, the City held public hearings where the public was Ordinance No. Page 2 invited to provide input regarding the composition of the districts before any draft maps were drawn; and WHEREAS, on January 16, 2019, January 18, 2019, and January 30, 2019, the City published and made available for release approximately twenty -one (21), three (3), and eleven (11) draft maps, respectively, and the potential sequencing of the district elections for such maps, which were prepared by the public and the City’s professional demographer. Pursuant to Elections Code Section 10010(a)(2), these thirty-five (35) maps were published at least seven (7) days before consideration at a public hearing; and WHEREAS, at a special meeting of the Moorpark City Council held on January 23, 2019, a regular meeting of the Moorpark City Council held on February 6, 2019 and adjourned to February 21, 2019, pursuant to Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released at least seven (7) days before each meeting, and the proposed sequence of elections, and the City Council considered and discussed the same; and WHEREAS, at the conclusion of the public hearing held on February 21, 2019, the City Council considered this Ordinance adopting the district map known as Map ___ with Districts ___ and ___ holding elections in 2020 and every four years thereafter, and Districts ___ and ___ holding elections in 2022 and every four years thereafter. Thereafter, the City Council introduced this Ordinance for first reading; and WHEREAS, at a regular meeting of the Moorpark City Council held on March 6, 2019, pursuant to Elections Code Section 10010(a), the City Council held a final public hearing on the proposal to establish the district boundaries and sequencing for the election of City Councilmembers, read this Ordinance for the second time, and approved this Ordinance adopting Map ___, with Districts ___ and ___ holding elections in 2020 and every four years thereafter, and Districts ___ and ___ holding elections in 2022 and every four years thereafter, and retaining the directly elected at -large office of Mayor; and WHEREAS, throughout the foregoing process, the City engaged a significant amount of public outreach and engagement above and beyond the minimum requirements of the California Voting Rights Act of 2001, including substantial participation by the public in drafting proposed district maps. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. This Ordinance is adopted with respect to the following purposes and findings: Ordinance No. Page 3 (a) Pursuant to California Government Code Sections 34871, 34886 and Elections Code Section 10010, the City Council votes to approve the change to a district-based election system for the four City Councilmembers whereby all four of those City Councilmembers shall be elected by the voters of four City Council districts rather than at-large. The office of Mayor shall remain a separately elected at-large office. (b) Pursuant to California Government Code Section 34886, it is declared the change in the method of electing members of the City Council of the City of Moorpark made by this Ordinance is in furtherance of the purposes of the California Voting Rights Act of 2001. (c) Providing for the election of City Councilmembers by districts and establishing the district boundaries is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) of the State CEQA Guidelines, because it can be seen with certainty that the change will not have any potentially significant adverse impact on the environment. SECTION 2. Chapter 2.08 (“Municipal Elections”) of Title 2 (“Administration and Personnel”) of the Moorpark Municipal Code is hereby amended to read as follows: “Chapter 2.08 MUNICIPAL ELECTIONS Sections: 2.08.010 Procedure for Holding Elections. 2.08.020 At-Large Election of Mayor. 2.08.030 City Council Districts Established. 2.08.040 Election of City Councilmembers by District. 2.08.050 Election Sequence. 2.08.060 Adjustment of City Council District Boundaries. 2.08.010 Procedure for Holding Elections. All city municipal elections shall be held in accordance with the election laws of the state of California, as the same now exists or hereafter may be amended, for the holding of municipal elections. 2.08.020 At-Large Election of Mayor. The Mayor shall be a separately elected at-large office, as required by Measure D, approved by the voters of Moorpark on November 8, 1988 . 2.08.030 City Council Districts Established. Ordinance No. Page 4 Four City Council districts are hereby established in the City of Moorpark. The boundaries and identifying number of each district shall be as described on the official “Council District Map” on file in the Office of the City Clerk. Ordinance No. Page 5 2.08.040 Election of City Councilmembers by District. A. Commencing with the November 2020 general municipal election, City Councilmembers shall be elected “by districts” as defined in California Government Code Section 34871. Except for the Mayor, a person shall not be eligible to be elected as a City Councilmember unless he or she is otherwise qualified as required by law, resides in the geographical area making up the district from which he or she is nominated to be elected and is a registered voter of the City of Moorpark at the time nomination papers are issued to the candidate as provided in California Elections Code Section 10227. No term of any City Councilmember that commenced on or prior to the effective date of this Chapter, as amended, shall be affected by the requirements of this Section prior to the expiration date of the City Councilmember’s current term. B. Registered voters signing nomination papers or voting for a City Councilmember shall be residents of the geographical area making up the district from which the Member is to be elected. C. The terms of the office of the Mayor and each City Councilmember are set forth in Section 2.04.045. 2.08.050 Election Sequence. Commencing with the General Municipal Election in November of 20 20 and thereafter, the voters in Council Districts __ and __ shall elect City Councilmembers by district for full four (4) year terms and the Mayor shall be elected at large for a two (2) year term . At the general municipal election in 2022 and thereafter, the voters in Council Districts __ and __ shall elect City Councilmembers by district for full four (4) year terms and the Mayor shall be elected at large for a two (2) year term. 2.08.060 Adjustment of City Council District Boundaries. A. Pursuant to Elections Code Section 21601, following each decennial federal census, and using that census as a basis, the City Council shall adjust the boundaries of any or all of the council districts of the City so that the council districts shall be nearly equal in population and shall comply with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance adopted by the City Council before the first day of November of the year following the year in which each decennial federal census is taken commencing with the 2020 federal census. The City Council shall hold a public hearing on the proposed district boundaries as required by Elections Code Section 21607 prior to the introduction of an ordinance adjusting the district boundaries. B. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the Ordinance No. Page 6 City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordan ce with Elections Code Section 21603. C. Pursuant to Elections Code Section 21606 the term of office of any City Councilmember who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the dist rict from which he or she was elected. D. At the first election for City Council following adjustment of the district boundaries pursuant to this section, a person meeting the requirements of Government Code Section 34882 shall be elected to the City C ouncil for each district under the readjusted district plan. The election of a City Councilmember by a district shall occur in the year in which the term of an incumbent City Councilmember elected by the district, if any, is due to expire .” SECTION 3. The official “Council District Map” referenced in Section 2.08.030 of the Moorpark Municipal Code is hereby approved and is attached hereto as Exhibit “A” to this Ordinance and incorporated herein by this reference. The official “Council District Map” shall be kept on file in the Office of the City Clerk. SECTION 4. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not affect the populations of the districts, the eligibility of candidates, or the residence of elected City Councilmembers within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts. SECTION 5. To the extent the terms and provisions of this Ordinance may be inconsistent or conflict with the terms of conditions of any prior City ordinance, motion, resolution, rule, or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof. SECTION 6. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 7. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid o r unconstitutional. Ordinance No. Page 7 SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this ____ day of __________, 2019. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Ordinance No. Page 8 EXHIBIT “A” Official Council District Map [TO BE INSERTED AFTER CITY COUNCIL SELECTION OF DISTRICT MAP] Presented by Kevin G. Ennis, City Attorney City of Moorpark’s 5th Public Hearing on the Transition from an “At-large” to a “District-based” Election System 2.21.19 1 Background on the steps and actions taken by City prior to tonight’s hearing Review of final three maps – 401a, 418a and 422a •Principles and objectives reflected in those three maps Sequencing Options •Review of Sequencing Principles •Review of Attachment 7 – various options for each map Staff Recommendations Overview of Presentation 2 August 2018, City received a letter from Kevin Shenkman, an attorney representing the “Southwest Voter Registration Project” Letter claims the City's “at-large” elections violate the CVRA Letter alleges that voting within Moorpark is racially polarized, resulting in minority vote dilution Letter threatens a lawsuit if the City does not change from an “at-large” election system to a “district-based” election system Background Information 3 On October 3, 2018 and October 11, 2018, the City Council heard detailed presentations into the law and procedures required under the CVRA On October 11, 2018, the City Council adopted a Resolution of Intention to consider the transition to a district-based election system while retaining the Office of Mayor as a separately elected at large office The Council also approved an agreement with Mr. Shenkman that extended the timelines from 90 days to 180 days for the Council to consider and potentially complete the process (until April 9, 2019) Background of Previous Meetings and Actions 4 City has conducted a robust public outreach process to inform the community about the process Attachment 6 of the Staff Report provides detailed information about what has been done to inform the community Dedicated webpage and on-line portal on the City’s website to the districting process •Digital map drawing tool, videos of prior meetings, and copies of prior presentations and documents •Updated 16 times since October 11th with new information as it became available Public Outreach Process Social media posts on Facebook and Twitter Newspaper advertisements about public hearings in English and Spanish Direct mailers in English and Spanish to households registered to receive Spanish-language ballots and to households in predominantly Latino neighborhoods Press releases to a variety of local media outlets Emails to registered subscribers for City news Outreach to HOAs in English and Spanish Spanish translators available at all public hearings Public Outreach process (cont.) 6 So far, the City has: •Held four public hearings: −two “public hearings” (community meetings): the 1st public hearing on November 13, 2018 and the 2nd public hearing on December, 12, 2018 •These were organized and run as community meetings •At these public hearings, the public was invited to provide input regarding district composition and preferred maps •As a result, the City’s demographer drew an initial set of 5 maps and the community submitted an initial set of 19 maps Steps Accomplished Since October 11, 2018 7 The City Council held two additional public hearings (3rd and 4th public hearings overall) on the proposed district maps •January 23, 2019 •February 6, 2019 Over time, 36 maps were submitted to the Council for consideration Council voted to retain the system of a directly-elected Mayor with four councilmembers rather than five councilmembers and a “rotating” Mayor Council selected Maps 401a, 418a and 422a as preferred maps for further consideration Council concluded process of soliciting further maps from the public City Council’s January 23rd and February 6th Public Hearings 8 Review the three final maps and hear from your demographer regarding the features and statistics regarding the three final maps and sequencing options Hear public testimony on the three final maps and their sequencing Discuss pros and cons of each of the three final maps, consider sequencing options, and ask demographer about any possible revisions to each map Tonight’s Public Hearing 9 Goal: select one map and select a sequencing option for that map either tonight or at an upcoming public hearing At the conclusion of this public hearing or an upcoming public hearings, introduce (give first reading to) an Ordinance adopting a district map with how those district elections will be sequenced Before April 9, 2019, hold a final public hearing and adopt (give second reading to) the Ordinance at a Regular Meeting (March 6th or March 20th) Goals and Next Steps 10 Prior Staff Reports provided detailed information about the process and various districting principles Copies of those reports are available on the City’s website Tonight’s Staff Report focuses on the three final maps and options for sequencing the elections for each district NDC is prepared to answer questions about moving areas in and out of specific districts and the information required to do so and risks of doing so Agenda Materials 11 Map 401a 12 Map 418a 13 Map 422a 14 Need to have nearly equal population in each district (total population and not registered voters) and to be as close to 0% deviation as possible •Up to 10% deviation considered “presumptively constitutional” Consideration of topography, geography, cohesiveness, contiguity, compactness and communities of interests Not using race as the predominant factor in how lines are drawn But at the same time, not dividing any neighborhood made up of a significant number of “protected class” voters (Latinos) Brief Review of Districting Criteria and Principles 15 Deciding which districts hold elections in which years is referred to as “sequencing” All Councilmembers elected to a four-year term, prior to the adoption of the district map and sequencing plan, will still serve their original four-year term None of the incumbents are automatically assigned as the representative of the district in which they live •they remain “at large” incumbents for the rest of their terms If an incumbent wants to run for reelection, they would then have to run for their district seat when that seat is sequenced for an election Sequencing District Elections 16 Since the Council currently has two Council seats up for election in 2020 and two seats up in 2022, there must be two seats up for election in 2020 and two seats up for election in 2022 under a sequencing plan The CVRA provides that when deciding which districts should have an election first (in 2020), the City Council shall give special consideration to the purpose of the CVRA – empowering protected class voters Sequencing District Elections 17 If a single Council Member is in a district, that district is assigned to match the Council Member’s election term, as this allows the voters in that district to decide whether their current Council Member, should he or she run for re-election, deserves re-election If two Council Members whose terms end in the same year are in a single district, that district is assigned to match the two Council Members’ terms If there is at least one pair of Council Members with differing election years, then the City Council, when making the sequencing determination for that district, should take into account the purposes of the CVRA in assigning that district for election in 2020 or 2022 Traditional Sequencing Tools 18 If a district is assigned to have an election in 2020 and the term of one resident Council Member ends in 2020 while the term of another resident Council Member ends in 2022, then the 2020 Councilmember can run for re- election to that district seat in 2020 at the normal end of his or her term In that scenario, the 2022 Council Member faces a dilemma: he or she can run, mid-term, in 2020 against the 2020 Council Member or be termed out in 2022 The Impact of Sequencing on Incumbents 19 If the 2022 Council Member does decide to run in 2020 and wins, he/she then would resign from the 2022 at- large seat and would be sworn into the 2020 by-district seat, leaving a two-year vacancy in the at-large seat The Council would then need to call an election to fill that two-year, at-large seat vacancy (Moorpark Municipal Code requires the filing of a Council vacancy by election) If the 2022 Council Member loses, he or she remains on the Council for the remaining two years of his or her current four-year at-large term, and then leaves the Council in 2022 Impacts of Sequencing on Incumbents (cont.) 20 Option 1 Option 2 Option 3 2020 2022 2020 2022 2020 2022 401a District 4 (vacant) District 1 (Enegren/Mikos) District 2 (Pollock/Simons) District 3 (vacant) District 4 (vacant) District 2 (Pollock/Simons) District 1 (Enegren/Mikos) District 3 (vacant) District 4 (vacant) District 3 (vacant) District 1 (Enegren/Mikos) District 2 (Pollock/Simons) 418a District 4 (vacant) District 1 (Pollock/Simons) District 2 (Enegren/Mikos) District 3 (vacant) District 4 (vacant) District 2 (Enegren/Mikos) District 1 (Pollock/Simons) District 3 (vacant) District 4 (vacant) District 3 (vacant) District 1 (Pollock/Simons) District 2 (Enegren/Mikos) 422a District 3 (vacant) District 1 (Enegren/ Pollock/ Simons) District 2 (Mikos) District 4 (vacant) District 3 (vacant) District 2 (Mikos) District 1 (Enegren/ Pollock/ Simons) District 4 (vacant) District 3 (vacant) District 4 (vacant) District 1 (Enegren/ Pollock/ Simons) District 2 (Mikos) Sequencing Options 21 With Central Downtown District Sequenced for 2020 Election Hear a presentation from NDC regarding the three final maps Ask questions of NDC and staff Take public testimony Discuss and deliberate on preferred map and sequencing options Choose a map and a sequencing option or direct staff to bring back refinements to one or more of the maps Staff Recommendations and Next Steps 22 If the City Council is prepared to select a particular draft map and the sequencing of district elections based on that map, then direct staff to insert the final map number and sequencing into the draft ordinance included as Attachment 4 and introduce the ordinance for first reading. If the City Council is not prepared to select a draft map and sequencing of district elections, then it is recommended that the Council provide specific direction on the modification(s) desired, if any, to one or more of the final three (3) draft maps and hold the public hearing to March 6th at 6:30 PM. Staff Recommendation (cont.) 23 At the conclusion of the hearing on March 6th, the City Council would consider introducing the ordinance to establish a district-based election system Adopt the Ordinance at the March 20th City Council meeting Staff Recommendation (cont.) 24 25 2.21.19 Moorpark City Council Meeting