HomeMy WebLinkAboutAGENDA REPORT 2019 0306 CCSA REG ITEM 08BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 3/6/2019
ACTION Revised Ordinance
No. 467 and scheduled
reintroduction for March 20,
2019, with New Map 401B.
BY B.Garza
B. Consider Sixth Public Hearing to Receive Public Comments on Second Reading
and Adoption of 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. Staff Recommendation: 1) Open the public hearing and receive
public comments regarding the adoption of Ordinance No. 467; and 2) At the
conclusion of the public hearing on March 6th, the City Council should close the
public hearing and: a) Introduce for 2nd reading and adopt Ordinance No. 467 by
roll call vote; or b) Determine any revision to Ordinance No. 467 and re-introduce
revised Ordinance No. 467 for first reading, and direct staff to advertise and
schedule a public hearing for the regular City Council meeting on 3/20/2019 to
consider second reading and adoption of revised Ordinance No. 467.
Item: 8.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Assistant City Manager
DATE: 03/06/2019 Regular Meeting
SUBJECT: Consider Sixth Public Hearing to Receive Public Comments on Second
Reading and Adoption of 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
BACKGROUND
Background information regarding the California Voting Rights Act (CVRA) and the
procedures to convert to a district-based election process for electing City Councilmembers
is available on the City’s website at: https://www.moorparkca.gov/Districts, including the
staff reports, videos and other relevant information for the prior meetings and public
hearings on this district-based election process, including on 10/3/2018, 10/11/2018,
11/13/2018, 12/12/2018 1/23/2019, 2/6/2019, and 2/21/2019.
At the fifth public hearing on February 21, 2019, the City Council introduced for first reading
Ordinance No 467, which provides for the election of City Councilmembers by districts,
establishes the boundaries and identification number of each district, the election order of
each district (sequencing), amends the Municipal Elections Chapter of the City’s Municipal
Code, and makes a California Environmental Quality Act exemption determination. This
public hearing agenda item has been scheduled for the second reading and adoption of
Ordinance No. 467.
DISCUSSION
The City of Moorpark has been conducting the process set forth in the CVRA to consider
transition from a system of at-large elections to a system of district-based elections. At the
5th 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 further narrowed
its focus from district maps 401a, 418a, and 422a (that were selected at the 2/6/2019
Item: 8.B.
218
Honorable City Council
03/06/2019 Regular Meeting
Page 2
public hearing for further consideration), and voted 3-2 (with Councilmembers Mikos and
Pollock dissenting) to select map 401a to be inserted as Exhibit A in the ordinance
subsequently numbered and introduced for first reading as Ordinance No. 467 (see
Attachment 1). A motion to select sequencing option 2 for Map 401a was approved by
voice vote 4-1, Councilmember Mikos dissenting. Sequencing option 2 places Districts 2
and 4 on the 2020 general municipal election and Districts 1 and 3 on the 2022 election. A
motion to introduce Ordinance No. 467 (Attachment 1) for first reading and introduction
was approved by voice vote 4-1, Councilmember Mikos dissenting. Additionally at the
2/21/2019 adjourned meeting, staff was directed to schedule the final public hearing for
adoption of the ordinance for the 3/6/2019 regular City Council meeting, and this public
hearing was subsequently legally noticed. Staff has included in Attachment 2 the one email
received since the 2/21/2019 meeting that pertains to this public hearing agenda item.
There is a separate agenda item 9.A. scheduled for the 3/6/2019 regular meeting that
describes Councilmember Pollock’s written request dated 2/25/2019 for a reconsideration
agenda item to ask the City Council to reconsider using a random drawing to determine the
second district to be sequenced in the 2020 election (and agenda item 9.A. should be
reordered to be considered prior to this public hearing agenda item). The reconsideration
request pertains to the district election sequencing portion of Ordinance No. 467 that is
included in the ordinance recitals on page 2 and in the proposed new Municipal Code
Section 2.08.050 on page 4 of the ordinance.
If the City Council determines to revise the sequencing order and numbers in the recitals
and in the Municipal Code Section 2.08.050 of Ordinance No. 467 pursuant to agenda item
9.A, staff has included as Attachment 3 to this agenda report a copy of a draft revised
Ordinance No. 467. Please note that if the election sequencing is changed, Ordinance No.
467 Exhibit A (Map 401a) would also require revision to incorporate the revised
sequencing. Any revisions to Ordinance No. 467 other than minor typographical
corrections will require re-introduction and first reading of the ordinance, which can occur at
the 3/6/2019 meeting. If the City Council determines to make no change to the ordinance
included as Attachment 1 to this report, then a roll call vote will be required for adoption of
Ordinance No. 467 following second reading.
FISCAL IMPACT
The fiscal impacts of converting from at-large to district-based elections were discussed in
the prior agenda reports referenced in the Background section of this report. Any further
revisions to Ordinance No. 467 would result in additional costs for advertising another
public hearing, as well as additional costs for bilingual translation for a hearing notice,
bilingual translator meeting attendance, and City Attorney and staff costs for continued
work on agenda items.
219
Honorable City Council
03/06/2019 Regular Meeting
Page 3
STAFF RECOMMENDATION
Staff recommends that the City Council:
1. Open the public hearing and receive public comments regarding the adoption of
Ordinance No. 467.
2. At the conclusion of the public hearing on March 6th, the City Council should close
the public hearing and: a) Introduce for 2nd reading and adopt Ordinance No. 467
by roll call vote; or b) Determine any revision to Ordinance No. 467 and re-
introduce revised Ordinance No. 467 for first reading, and direct staff to advertise
and schedule a public hearing for the regular City Council meeting on 3/20/2019 to
consider second reading and adoption of revised Ordinance No. 467.
Attachments:
1. Ordinance No. 467 (introduced for first reading at the 2/21/2019 adjourned meeting)
2. District-Based election related correspondence received since the 2/21/2019
adjourned meeting
3. Copy of Draft revised Ordinance No. 467 (to be considered only if the City Council
determines to revise the district sequencing numbers in the recitals on page 2 and
Section 2.08.050 on page 5 pursuant to Agenda Item 9.A on the 3/6/2019 agenda)
220
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
221
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
222
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.
223
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
224
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.
225
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
226
City of Moorpark 2019 Districting
Map 401a
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227
Attachment 2
Correspondence Received Since February 21, 2019
228
Deborah Traffenstedt
From:
Sent:
To:
Subject:
Good afternoon,
Erin Dimberg
<aggie99cates@yahoo.com >
Monday, February 25, 2019 12:13 PM
Deborah Traffenstedt; Roseann Mikos;
Janice Parvin; David Pollock; Ken Simons;
Chris Enegren; Troy Brown
concerns following 2/21 meeting
Unfortunately I have been unable to attend any of the district map meetings thus far,
they all have fallen on nights I have previous commitments with my daughter's school
and I sit on several PTA boards.
Though I haven't been present, I have watched every meeting and I have emailed in my
thoughts. I am very disappointed that those who have written and submitted their
thoughts/opinions prior to the meeting have zero acknowledgment during the
meeting. How do we know that the council is actually taking into account the opinions
of those of us who unfortunately can't attend the meetings? I am not saying they
don't, but because there is no acknowledgement it can feel that way.
Regarding the last meeting on 2/21, I am disappointed with the outcome of the meeting
and how the decision was made regarding sequencing. All current council members
were voted into office by citizens and 4 members ultimately decided who would continue
after 2020. Truthfully, neither option 1 or 2 for sequencing were my preferred
options. The city should have done option 3, it is the truly on ethical option for both
council members and voters and the only option that doesn't favor Simons over Mikos
and vice versa. Sadly, that option was quickly dismissed by ALL candidates. The only
ethical way to proceed having dismissed option 3 would be to allow for random selection
between the two remaining options. The argument that ensued following the dismissal
of option 3 was shocking, embarrassing and completely unnecessary.
Initially I planned to bring my 10 year old daughter with me to this meeting, she needs
to attend a government meeting as part of a badge she is working on for Girl Scouts. I
am thankful we weren't able to attend this meeting. It would have been very difficult to
explain to her why adults were behaving like children. It saddens me that all members
behaved so poorly and, regardless of anyone's opinions about a particular council
member, they were all voted into office and 4 people shouldn't be the ones making
these sorts of decisions. I was very disappointed to witness Enegren and Simons push to
1 229
vote instead of going the ethical, fair and compassionate route of random selection
between options 1 and 2. I was even more disappointed to see Parvin and Pollock give in
to negative peer pressure .. I do not support Mikos over Simons. I would feel the same
way regardless of which option they voted for. They shouldn't have voted, period.
I walked away from watching the meeting feeling very sad that adults in our community
could treat one another so badly. Based on this meeting alone, I don't think if I was
asked to vote for any current members that I would be able, in good conscious, to do
so.
I pray everyone is able to move forward and work together for the good of Moorpark. I
pray that all parties left that meeting realizing they all played a role in the negative
outcome and will work to never allow such mean spiritedness to plague the council
again.
I realize that sitting on the city council is mostly a thankless job, I appreciate your time
and service to Moorpark.
To Mrs. Mikos, I am very sorry that your years of service will come to an end as the
result of such a negative meeting. I hope you are able to focus on the good. You fought
hard to ensure that the under represented received a district allowing them the best
opportunity to find someone from within their community and you succeeded.
In the future, selecting between 4 and 5 districts, specific maps and sequencing choices
should be made by voters, not council members. I also ask that in 2020, we vote on
term limits for the city council and Mayor.
Sincerely,
Erin Dimberg
2 230
ATTACHMENT 3
DRAFT REVISED
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
231
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 continued 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, and introduced this Ordinance for first reading; and
WHEREAS, at a public hearing held for adoption of this Ordinance on March 6,
2019, the City Council considered revisions to this Ordinance adopting the district map
known as Map 401a and made the decision to revise the sequencing of elections in
2020 and 2022 to be Districts 1 and 4 holding elections in 2020 and every four years
thereafter, and Districts 2 and 3 holding elections in 2022 and every four years
thereafter, and the City Council re-introduced this Ordinance as revised for first
reading; and
WHEREAS, at a regular meeting of the Moorpark City Council held on March 20,
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 1 and 4 holding elections in
2020 and every four years thereafter, and Districts 2 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.
232
Ordinance No. 467
Page 3
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
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.
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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 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 1 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 2 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
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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 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.
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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
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