HomeMy WebLinkAboutAGENDA REPORT 2021 0707 CCSA REG ITEM 09BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 7, 2021
ACTION INTRODUCED ORDINANCE NO.
489 FOR FIRST READING. (ROLL CALL
VOTE: UNANIMOUS).
BY B. Garza.
B. Consider Ordinance Amending Chapter 2.08 (Municipal Elections) of Title 2
(Administration and Personnel) to Revise the Timeframe for Adjustment of City
Council District Boundaries following the 2020 Decennial Census in Response to
Delays Caused by the COVID-19 Pandemic. Staff Recommendation: Introduce
Ordinance No. 489, amending Chapter 2.08 (Municipal Elections) of Title 2
(Administration and Personnel) of the Moorpark Municipal Code for first reading,
waive full reading, and place this ordinance on the July 21, 2021, regular meeting
agenda for purposes of second reading and adoption. (ROLL CALL REQUIRED)
(Staff: Ky Spangler, City Clerk)
Item: 9.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Ky Spangler, City Clerk
DATE: 07/07/2021 Regular Meeting
SUBJECT: Consider Ordinance Amending Chapter 2.08 (Municipal Elections) of
Title 2 (Administration and Personnel) to Revise the Timeframe for
Adjustment of City Council District Boundaries following the 2020
Decennial Census in Response to Delays Caused by the COVID-19
Pandemic
SUMMARY
On April 3, 2019, City Council adopted Ordinance No. 467 revising the City’s manner of
election from “at-large” to “by-district”, establishing City Council District boundaries, and
among other things, setting a timeframe for the completion of re-districting following the
decennial Census. Due to delays in the release of 2020 Census results caused by the
Coronavirus (COVID-19) pandemic, the deadline established in the Ordinance to adopt
District boundary revisions is unable to be met this year and therefore an amendment to
the Ordinance is required. Staff recommends amending the timeframe for completion of
the redistricting process to respond to the delay in 2020 Census results to align with that
established in the California Elections Code, Section 21602(a)(3).
BACKGROUND
The City Council adopted Ordinance No. 467 on April 3, 2019, amending Chapter 2.08
(Municipal Elections) of the Moorpark Municipal Code in response to an alleged violation
of the California Voting Rights Act. The Ordinance established a “by-district” manner of
election and created City Council voting district boundaries. The Ordinance also
prescribed a timeframe for the adjustment of district boundaries, known as “redistricting”,
following each decennial federal census. Section 2.08.060(A) of the Ordinance states,
“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 the
decennial federal census is taken commencing with the 2020 federal census.” The
purpose behind establishing this deadline was two-fold: 1) to ensure the redistricting
process was completed within a defined time period; and 2) to ensure that potential City
Council candidates would know what district they reside in well in advance of the opening
of an election nomination period for candidacy.
Item: 9.B.
229
Honorable City Council
07/07/2021 Regular Meeting
Page 2
The conduct of the 2020 U.S. Census was significantly impacted by the COVID-19
pandemic which has resulted in delays in the compilation of its results and subsequent
release of this information to states for conveyance to local jurisdictions. Historically,
Census results have been released by the end of March in the year following the Census;
however, 2020 results will not be provided to states until September 30, 2021. Thereafter
states have 30 days in which to assign prison populations back to their respective home
addresses prior to release to local jurisdictions by October 30, 2021. Following each
decennial census, it takes several months to review and interpret the Census data,
conduct the necessary public hearings and workshops required by the Elections Code,
draw redistricting maps (if necessary), and then adopt a final district map. Therefore, it
will not be possible to meet the November 1, 2021, deadline prescribed by the Ordinance
to complete the redistricting process.
California Elections Code Section 21602 et seq. establishes timeframes for completion of
redistricting following the release of Census results. The City’s next regularly scheduled
election will be held on November 8, 2022. Section 21602(a)(3) of the Elections Code
applies to cities conducting its next regular election on or after July 1, 2022, and reads:
“For redistricting occurring before 2031 and where a city does not have a regular
election occurring after January 1, 2022 and before July 1, 2022, the boundaries
of the council districts shall be adopted by the council not later than 205 days
before the city’s next regular election occurring on or after July 1, 2022.”
Based on the provisions of the Elections Code, the City must adopt Council Districts on
or before April 17, 2022, which is 205 days prior to the next City Council election on
November 8, 2022.
DISCUSSION
The language contained in Ordinance No. 467, Section 2.08.060(A) of the Municipal
Code, requires modification of the timeframe for completing the redistrict process in
advance of the November 2022 election to address delays caused by an October 30,
2021, release of Census results, yet still maintain a time-certain completion of redistricting
associated with future decennials Censuses.
Staff proposes the follow modification to the language contained in Section 2.08.060(A):
“Any adjustment of district boundaries shall be made by ordinance adopted by the city
council before April 17, 2022, for the 2020 decennial federal census. For every
adjustment of district boundaries following the 2020 decennial federal census, the
ordinance shall be adopted before the first day of November of the year following the year
in which the decennial federal census is taken.”
The proposed modification maintains the completion timeframe for future redistricting
efforts and the certainty of district assignment for potential candidates that the Council
intended to provide through the adopted language while maintaining compliance with the
Municipal Code for the 2020 Census redistricting requirement. 230
Honorable City Council
07/07/2021 Regular Meeting
Page 3
FISCAL IMPACT
There is no fiscal impact associated with this action.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Strategy 2 - Equity and Inclusion; Goal 2 -
Practice Respect, Equity and Inclusion Citywide; and Objective 5 (2.2.5) - Complete the
redistricting process.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Introduce Ordinance No. ___, amending Chapter 2.08 (Municipal Elections) of Title 2
(Administration and Personnel) of the Moorpark Municipal Code for first reading, waive
full reading, and place this ordinance on the July 21, 2021, regular meeting agenda for
purposes of second reading and adoption.
Attachment 1: Chapter 2.08.060(A) in Legislative Format
Attachment 2: Draft Ordinance No. ____
231
Legislative Format
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 April 17, 2022,
for the 2020 decennial federal censusthe first day of November of the year following the
year in which each decennial federal census is taken commencing with the 2020 federal
census. For every adjustment of district boundaries following the 2020 decennial federal
census, the ordinance shall be adopted before the first day of November of the year
following the year in which the decennial federal census is taken. 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.
ATTACHMENT 1
232
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 2.08 (“MUNICIPAL
ELECTIONS”) OF THE MOORPARK MUNICIPAL CODE TO
REVISE THE TIMEFRAME FOR ADJUSTMENT OF CITY
COUNCIL DISTRICT BOUNDARIES FOLLOWING THE
DECENNIAL FEDERAL CENSUS, AND MAKING A
DETERMINATION OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Moorpark adopted Ordinance No. 467 on April 3, 2019,
which changed the municipal election system from an at-large format to a by-district
format to elect four (4) City Councilmembers by District and elect an at-large Mayor; and
WHEREAS, Section 2.08.060 of the Moorpark Municipal Code, adopted pursuant
to Ordinance No. 467, established a timeframe for adjustment of district boundaries
following the completion of each decennial federal census beginning with the 2020 federal
census (2020 Census), requiring that an ordinance be adopted before the first day of
November of the year following the year in which the census is taken; and
WHEREAS, the Coronavirus (COVID-19) pandemic experienced during 2020 and
2021 resulted in delays in the conduct and completion of the 2020 Census, and release
of final Census figures; and
WHEREAS, it is anticipated that the 2020 Census results will be released to local
jurisdictions on or about October 30, 2021; and
WHEREAS, Elections Code Section 21602(a)(3), establishes a deadline of April
17, 2022, in which redistricting must be completed by general law cities with city council
elections held in November 2022; and
WHEREAS, due to the delay in the release of 2020 Census results, the November
1, 2021 deadline for completion of redistricting prescribed in Ordinance No. 467 is
infeasible due to the length of time needed to review the Census data, conduct the
required public hearings and outreach, and prepare a final district map, all of which
requires several months to complete; and
WHEREAS, Section 2.08.060 of the Moorpark Municipal Code requires
amendment to revise the timeframe for completion of redistricting following the 2020
Census.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 2.08.060 (“Adjustment of City Council District Boundaries”)
of Chapter 2.08 (“Municipal Elections”) of Title 2 (“Administration and Personnel”) of the
Moorpark Municipal Code is hereby amended to read as follows:
ATTACHMENT 2
233
Ordinance No. ___
Page 2
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 April 17, 2022, for the 2020
decennial federal census. For every adjustment of district boundaries following
the 2020 decennial federal census, the ordinance shall be adopted before the
first day of November of the year following the year in which the decennial
federal census is taken. 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.
SECTION 2. To the extent the terms and provisions of this Ordinance may be
inconsistent or conflict with the terms or 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 3. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. 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 5. 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 _______, 2021.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
234