HomeMy WebLinkAboutAGENDA REPORT 2019 0403 REG CCSA ITEM 08ACITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of April 03, 2019
ACTION Approved Staff
Recommendation, Including
Adoption of Ordinance No. 467.
BY B.Garza
A. Public Hearing to Receive Public Comments and Consider 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: Open the public hearing and receive public comments,
close the public hearing, waive full reading, and adopt Ordinance No. 467.
ROLL CALL VOTE REQUIRED (Staff: Deborah Traffenstedt)
Item: 8.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Assistant City Manager
DATE: 04/03/2019 Regular Meeting
SUBJECT: Public Hearing to Receive Public Comments and Consider 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
The City of Moorpark has been conducting the process set forth in the California Voting
Rights Act (CVRA) to consider transition from a system of at-large elections to a system of
district-based elections. Background information regarding the 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, 2/21/2019, 3/6/2019, and 3/20/2019.
At the last public hearing on 3/20/2019, the City Council took public testimony, and
approved by a 4-1 voice vote (with Councilmember Mikos dissenting) to waive full reading
and introduce Ordinance No. 467 for first reading.
DISCUSSION
This 4/3/2019 City Council public hearing for consideration of adoption of Ordinance No.
467 has been scheduled in compliance with the CVRA. A copy of proposed Ordinance No.
467 is included as an attachment to this agenda report, and Map No. 401b is incorporated
into Ordinance No. 467 as the Exhibit A Council District Map. The district-based election
sequencing incorporated into Ordinance No. 467 is Districts 2 and 4 elected in 2020 and
every four years thereafter, and Districts 1 and 3 in 2022 and every four years thereafter,
and retaining the directly elected at-large office of Mayor.
Item: 8.A.
1
Honorable City Council
04/03/2019 Regular Meeting
Page 2
The City has a deadline of adopting Ordinance No. 467 (providing for the election of City
Councilmembers by district) at a regular meeting before April 9, 2019, to avoid a lawsuit.
The City has entered into a tolling agreement with Kevin Shenkman (an attorney of the law
firm of Shenkman and Hughes), and the tolling agreement precludes him from filing a
lawsuit under the CVRA until April 9, 2019. Since the April 3rd City Council meeting is the
last regular meeting before the deadline, the adoption action for Ordinance No. 467 should
be decided at this meeting. Any revisions to Ordinance No. 467 that would result in the
adoption of the ordinance occurring after April 9, 2019, would expose the City to significant
litigation costs and attorney fees.
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 that would result in scheduling another public hearing
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. Any revisions to
Ordinance No. 467 that would delay adoption of the ordinance until after the regular
4/3/2019 Council meeting could result in additional attorney’s fees and litigation defense
costs as discussed in this agenda report.
STAFF RECOMMENDATION (Roll Call Vote)
Staff recommends that the City Council open the public hearing and receive public
comments, close the public hearing, waive full reading, and adopt Ordinance No. 467.
Attachment: Ordinance No. 467
2
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
3
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, and
closed the public hearing and 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 public
hearing on the proposal to consider second reading and adoption of this Ordinance, and
following public testimony at the public hearing determined to revise this Ordinance to
replace Map 401a with Map 401b, 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 the
City Council further directed that Map 401b be published and made available to the
public for at least seven days before introducing this Ordinance for first reading at a
public hearing on March 20, 2019; and
WHEREAS, at the conclusion of the public hearing held on March 20, 2019, the
City Council considered this Ordinance adopting the district map known as Map 401b
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 closed the public hearing and
introduced this Ordinance for first reading; and
WHEREAS, at a regular meeting of the Moorpark City Council held on April 3,
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 401b, with Districts 2 and 4 holding elections in
2020 and every four years thereafter, and Districts 1 and 3 holding elections in 2022
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Ordinance No. 467
Page 3
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
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.
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Ordinance No. 467
Page 4
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 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.
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Ordinance No. 467
Page 5
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 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.
7
Ordinance No. 467
Page 6
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.
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 3rd day of April, 2019.
Janice S. Parvin, Mayor
ATTEST:
Deborah Traffenstedt
Assistant City Manager/City Clerk
Exhibit A: Council District Map
8
City of Moorpark 2019 Districting
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9