HomeMy WebLinkAboutAGENDA REPORT 2019 0306 CCSA REG ITEM 09ACITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 3/6/2019
ACTION Motion to reconsider
failed.
BY B.Garza
A. Consider Motion to Request to Reconsider City Council’s Vote to Adopt
Sequencing Option 2 as the Sequencing of Districts for Council District Map 401a
(Districts 2 and 4 Elected 2020; Districts 1 and 3 Elected 2022). Staff
Recommendation: 1) Consider Councilmember Pollock’s request to reconsider
the City Council’s selection of Sequencing Option 2 as the sequencing of
elections for Map No. 401a, with Districts 2 and 4 elected in 2020 and Districts 1
and 3 elected in 2022; 2) If Councilmember Pollock’s Motion made under item 1
above receives a second and is approved by a majority vote of the Council, then
permit Councilmember Pollock to make a second motion to reconsider the
2/21/2019 vote to adopt Sequencing Option 2 as the sequence of elections for
Map No. 401a with District 4 elected in 2020 and remaining districts determined
by a randomized method. If either Motion 1 or Motion 2 fails, proceed to the
public hearing on Ordinance 467 under Item 8.B for consideration of adoption;
and 3)If the City Council adopts a revised sequencing plan for Map No. 401a,
then proceed to the public hearing on Ordinance No. 467 under Item 8.B to
consider ordinance revisions, which would require introduction and first reading
of the revised ordinance, and adoption would then be advertised and a public
hearing scheduled for the regular meeting on 3/20/2019.
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Kevin G. Ennis, City Attorney
Deborah S. Traffenstedt, Assistant City Manager
DATE: 03/06/2019 Regular Meeting
SUBJECT: Consider Motion to Request to Reconsider City Council’s Vote to
Adopt Sequencing Option 2 as the Sequencing of Districts for
Council District Map 401a (Districts 2 and 4 Elected 2020;
Districts 1 and 3 Elected 2022)
BACKGROUND
The City of Moorpark has been conducting the process set forth in the California Voting
Rights Act (CVRA) to consider transitioning from a system of at-large elections to a system
of district-based elections. At the fifth public hearing for the district-based election process
on 2/21/2019 (an adjourned meeting from the regular 2/6/2019 City Council meeting), the
City Council held a series of votes that ultimately led to the introduction of Ordinance No.
467 (Attachment 1) to establish district-based elections using a specified map and district
sequencing. The motions and their corresponding approving votes were as follows:
1. Adopt Map No. 401a as the official Council district map for the City of Moorpark.
Motion approved on a 3-2 vote (ayes: Enegren, Parvin, Simons; nays: Mikos,
Pollock).
2. Adopt Sequencing Option 2 as the sequencing of elections for Map No. 401a, as set
forth in Attachment 7 of the 2/21/2019 staff report: Districts 2 and 4 elected in 2020
and Districts 1 and 3 elected in 2022. Motion approved on a 4-1 vote (ayes:
Enegren, Parvin, Pollock, Simons; nays: Mikos).
3. Waive first reading, read by title only, and introduce Ordinance No. 467 with Map
No. 401a and Sequencing Option 2 for Map No. 401a inserted into the Ordinance.
Motion approved on a 4-1 vote (ayes: Enegren, Parvin, Pollock, Simons; nays:
Mikos).
4. On February 25, 2019, Councilmember Pollock submitted an email to the City
Manager and Assistant City Manager (Attachment 2) explaining his request for a
reconsideration agenda item to ask the City Council to reconsider its selection of
Item: 9.A.
237
Honorable City Council
03/06/2019 Regular Meeting
Page 2
Sequencing Option 2 for Map No. 401a (see Attachment 3 for a copy of the
sequencing table from the 2/21/2019 agenda report). Councilmember Pollock’s
email expresses support for a random drawing to determine the second district to be
sequenced in the 2020 election. This reconsideration request pertains to the
selection of Sequencing Option 2 as the district election sequencing for Map 401a,
which was incorporated into Ordinance No. 467 as part of the recitals on page 2 and
in the proposed new Municipal Code Section 2.08.050 on page 4.
DISCUSSION
The City Council’s Rules of Procedure for Council Meetings (currently Resolution No. 2017-
3618) includes the following section pertaining to reconsideration of a vote:
7.12 Motion for Reconsideration:
Any Councilmember who voted with the majority may move a reconsideration
of any vote at the same meeting or request an agenda item on the next regular
meeting or request a special meeting called to be held prior to the next regular
meeting to consider reconsideration of any vote. The agenda item shall appear on
Presentation/Action/Discussion as a two-part item:
Consider Reconsideration of .
Reconsideration of vote on .
After a motion for reconsideration has once been acted upon, no other
motion for a reconsideration thereof shall be made without unanimous consent of
the Council.
Councilmember Pollock voted in the majority to adopt Sequencing Option 2 as the
sequencing of elections for Map No. 401a. That motion passed on a 4-1 vote with
Councilmember Pollock voting in the affirmative; therefore, consistent with Section 7.12 of
the Rules of Procedure, Councilmember Pollock may seek reconsideration because he
voted in the majority.
For reconsideration of sequencing, the Council must consider two motions as follows:
FIRST MOTION: “Consider reconsideration” of Sequencing Option 2 as the
sequencing of elections for Map No. 401a with Districts 2 and 4 elected in
2020 and Districts 1 and 3 elected in 2022.
The purpose of this first motion is to determine whether the City Council wishes to even
reconsider the selection of Sequencing Option 2 as the sequencing plan for Map No. 401a.
If this motion fails, then Sequencing Option 2 remains as the sequencing plan and no
238
Honorable City Council
03/06/2019 Regular Meeting
Page 3
further consideration of the sequencing plan would be permitted without unanimous
consent of the City Council.
If an affirmative majority of the City Council adopts this first motion, then the effect is to
place before the City Council a motion to reconsider Sequencing Option 2 as the
sequencing plan for Map No. 401a. Thus, the second motion would be as follows:
SECOND MOTION: “Reconsideration of Vote” to adopt Sequencing Option 2
as the sequence of elections for Map No. 401a with Districts 2 and 4 elected
in 2020 and Districts 1 and 3 elected in 2022.
If this motion fails, then Sequencing Option 2 remains the sequencing plan and no further
consideration of the sequencing plan would be permitted without unanimous consent of the
City Council. If this second motion is adopted by an affirmative majority of the City Council,
then the City Council, after debate, may choose a randomization for sequencing.
Depending on the outcome of the motions to reconsider, a change from Sequencing
Option 2 that is now included in Ordinance No. 467 could affect the procedure by which the
City Council adopts the Ordinance to convert to district-based elections. If the City Council
ultimately retains the previously adopted sequencing option for Map No. 401a, then no
change to Ordinance No. 467 would be necessary. The City Council could hold the
required public hearing and vote to adopt Ordinance No. 467, as introduced on February
21st, and the Ordinance would take effect 30 days later. If the City Council adopts a
different sequencing plan, then the City Council would have to reintroduce Ordinance No
467, with the modified sequencing of elections, for first reading. The City Council could not
adopt the Ordinance until its next regular meeting on 3/20/2019. The City has entered into
a tolling agreement with Kevin Shenkman (an attorney of the law firm of Shenkman and
Hughes) who challenged the City’s at-large election system. The tolling agreement
precludes Mr. Shenkman from filing a lawsuit under the CVRA until 4/9/2019.
FISCAL IMPACT
There are no fiscal impacts associated with this request for reconsideration.
STAFF RECOMMENDATION
1) Consider Councilmember Pollock’s request to reconsider the City Council’s
selection of Sequencing Option 2 as the sequencing of elections for Map No. 401a,
with Districts 2 and 4 elected in 2020 and Districts 1 and 3 elected in 2022.
2) If Councilmember Pollock’s Motion made under item 1 above receives a second and
is approved by a majority vote of the Council, then permit Councilmember Pollock to
make a second motion to reconsider the 2/21/2019 vote to adopt Sequencing
Option 2 as the sequence of elections for Map No. 401a with District 4 elected in
2020 and remaining districts determined by a randomized method. If either Motion
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Honorable City Council
03/06/2019 Regular Meeting
Page 4
1 or Motion 2 fails, proceed to the public hearing on Ordinance 467 under Item 8.B
for consideration of adoption.
3) If the City Council adopts a revised sequencing plan for Map No. 401a, then
proceed to the public hearing on Ordinance No. 467 under Item 8.B to consider
ordinance revisions, which would require introduction and first reading of the revised
ordinance, and adoption would then be advertised and a public hearing scheduled
for the regular meeting on 3/20/2019.
Attachments:
1. Ordinance No. 467 (introduced for first reading on 2/21/2019)
2. 2/25/2019 Email from Councilmember Pollock requesting reconsideration
3. Sequencing Options Table from 2/21/2019 agenda report
240
ORDINANCE NO. 467
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 four (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
invited to provide input regarding the composition of the districts before any draft maps
were drawn; and
ATTACHMENT 1
241
Ordinance No. 467
Page 2
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
401a with Districts 2 and 4 holding elections in 2020 and every four years thereafter,
and Districts 1 and 3 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 401a, with Districts 2 and 4 holding elections in
2020 and every four years thereafter, and Districts 1 and 3 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:
(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
242
Ordinance No. 467
Page 3
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.
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.
243
Ordinance No. 467
Page 4
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 2020 and
thereafter, the voters in Council Districts 2 and 4 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 1 and 3 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
244
Ordinance No. 467
Page 5
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 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 district
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 Council 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 or unconstitutional.
245
Ordinance No. 467
Page 6
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
246
City of Moorpark 2019 Districting
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247
1
Deborah Traffenstedt
From:David Pollock
Sent:Monday, February 25, 2019 11:48 AM
To:Troy Brown; Deborah Traffenstedt
Subject:Language for Reconsideration
During the sequencing of council districts at the February 21 meeting, we scheduled District 4 for 2020 and then had to
choose one more district from the remaining three. Since the incumbent councilmembers have a personal interest in
the outcome of this decision, and since there was no compelling reason to choose one over the other, the decision
should have been left to a random drawing. I'm asking that the council reconsider this decision using a random drawing
for the second district to be sequenced in the 2020 election.
David
ATTACHMENT 2
248
12853-0027\2267557v1.doc
Sequencing Options for Final Draft Maps at 2/21/19 Meeting
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)
ATTACHMENT 3
249