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HomeMy WebLinkAboutCC ORD 2022-2500 By-District Elections (3)URGENCY ORDINANCE NO. 2022 0 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ESTABLISHING CITY COUNCIL ELECTION DISTRICT BOUNDARIES, SEQUENCING ELECTIONS WITHIN THOSE BOUNDARIES, AND ADDING CHAPTER 2.77 ("BY -DISTRICT ELECTIONS") TITLE ("ADMINISTRATION") TO THE NATIONAL CITY MUNICIPAL CODE TO CHANGE THE CITY'S ELECTORAL SYSTEM FROM AT LARGE TO BY -DISTRICT WITH RESPECT TO ELECTING MEMBERS OF THE CITY COUNCIL CITY ATTORNEY SUMMARY This Ordinance changing the City's Electoral System from At -Large to By -District with Respect to Electing Members of the City Council WHEREAS, the Mayor and four members of the City Council of the City ofl ational City ("City") are currently elected in "at -large" elections, in which the Mayor and each City Councilmember are elected by the registered voters of the entire City; and WHEREAS, Government Code section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an "at -large" system to a "by -district" system in which each Councilmember is elected only by the voters in the district in which the Councilmember resides; and WHEREAS, the City received a letter dated November 8, 2021 containing unsubstantiated allegations that the City's at -large electoral system prevents members of National City's Filipino/API community from electing their preferred candidate and violates the California Voting Rights Act ("CVRA") and threatening litigation if the City declined to adopt a district -based electoral system; and WHEREAS, the City Attorney has advised that given the C RA's elimination of two elements of the U.S. Supreme Court's requirements to establish a federal Voting Rights Act challenge under Thornburg i'. tingles 1 478 U.S. 30, a CVRA challenge is more easily made on the basis of an argument that "racially polarized voting" exists, regardless of whether racial minorities have successfully elected preferred candidates in the past under an at -large electoral system or whether there is an absence of historical racial discrimination in the electoral system based on the totality of the circumstances; and WHEREAS, the cost of defending a challenge under the CVRA can exceed several hundred thousand dollars, no City has ever prevailed to date in defending a CVRA lawsuit challenging at -large electoral systems, and the risk of losing such a challenge includes the possible award of attorneys' fees to the plaintiffs by a court; and WHEREAS, the City Council has concluded, on the advice of the City Attorney, that the public interest would be better served by considering a transition to a district -based electoral system pursuant to the "safe harbor" provisions of Elections Code section 10010; and Page 1 of WHEREAS, pursuant to Elections Code Section 10010, Subdivision (e)(3)(A), the City Council adopted Resolution No. 2021-201 on December 21, 2021, declaring its intent to transition from an at -large to a district -based elections system; and WHEREAS, the City contracted with Redistricting Insights, Inc. to draw draft election district maps for the City Council's consideration and to make a map drawing software available to its residents; and WHEREAS, pursuant to Elections Code Section 10010, Subdivision a 1 , the City contracted with Falcon Strategies LLC to publicize the public hearings and workshop by City website, City Social Media (Facebook, Twitter, Instagram), El Latino Newspaper, Filipino Press Newspaper, The Star News Newspaper, posting notices on bulletin boards located outside City Hall, participating in interviews with Radio Latina and CBS, and distributing flyers translated into Spanish and Tagalog; and WHEREAS, pursuant to Elections Code Section 10010, Subdivision (a)(1), before drawing draft maps of the proposed boundaries of the districts, the City held public hearings on February 3 and 22, 2022 and a community workshop on February 5, 2022, to invite the public to provide input regarding the composition of the districts and communities of interest; and WHEREAS, pursuant to Elections Code Section 10010, Subdivision a 2 , after the draft maps were drawn, the City held public hearings on March 5, 2022, March 15, 2022, and March 21, 2022, and April 12, 2022, to invite the public to provide input regarding the content of the draft maps and the proposed sequence of elections; and WHEREAS, pursuant to Elections Code Section 10010, Subdivision (a)(2), the draft maps were published at least seven days before consideration at each public hearing; and WHEREAS, the adoption of a district -based electoral system will not affect the terms of any sitting Councilmember or Mayor in office at the time of the adoption of an ordinance instituting a district -based voting system, each of whom will serve out his or her current term. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The Recitals above are true and correct and incorporated herein by reference. Section 2. Addition. Chapter 2.77 ("By -District Elections") of Title 2 Administration") is added to the National City Municipal Code to read as follows: "Chapter 2.77 — By -District Elections 177.010 — Purpose. Page 2 of The city council declares that this change in method of electing members of the city council is enacted in furtherance of the California Voting Rights Act of 2001. 2.77.020 — By -district elections Commencing with the general election in November 2022, the four members of the city council shall be elected in the electoral districts established by 2.77.030 and subsequently reapportioned as provided by state law. Elections shall take place by -district as that term is defined in California Government Code Section 34871, meaning one member of the city council shall be elected from each district by the voters of that district alone. 2.7 .03 0 — District boundaries. Members of the city council shall be elected on a by -district basis from the four city council districts, the boundaries of which shall be identified in the City Council District Map. 2.77.0 — Term and election sequence. Members of the city council shall be elected to a four year term in accordance with the election sequence identified in the City Council District Map. 2.7.00 — City council residency Each member of or candidate for the city council must reside in the district and be a registered voter in the district in which he or she seeks election at the time nomination papers are issued pursuant to Government Code Section 34882 and Elections Code Section 10227. Any sitting city councilmember elected at -large may reside anywhere within the city during the pendency of his or her term. 2. . 60 — Termination of residency Termination of residency in a district by a member of the city council elected by -district shall create a vacancy for that city council district unless a substitute residence within the district is immediately declared and established within thirty days after the termination of residency. In the event that a vacancy is created as a result of termination of residence as provided herein, such vacancy shall be filled pursuant to the provisions of the Elections Code. 2.77.09 — Mayor elected at -large The office of the mayor shall be elected at -large under Government Code section 3 9 0." Section 3. City Council District Ma + . City Clerk is directed to post a copy of the adopted City Council District Map, included in this Ordinance as Attachment A, to the City's website. Page 3 of 4 Section 4. District Boundaries. The City Clerk is directed to request the demographer provide a list of the census tracts and/or blocks foreach district and to attach that list to this Ordinance as Attachment B. Section 5. Controlling Authority. If there is a discrepancy between the adopted map in Attachment A and the list in Attachment B, the adopted map in Attachment A shall control. Section 6. Urgency Findings. This Ordinance should be passed immediately by a four - fifths vote under Government Code section 36934 as an "Urgency Ordinance" to accommodate the San Diego County Registrar of Voters' deadline for the submission of city council district maps for the November 2022 General Municipal Election, and to preserve the public fist, peace, and welfare by organizing timely elections. Section 7. Transmittal to Count. The City Clerk is directed to provide a signed original of this Ordinance to the San Diego County Registrar of Voters. Section 8. Severability. If any section, subsection, sentence, clause phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 9. Effective Date. This Urgency Ordinance shall take effect immediately after its passage and adoption pursuant to California Government Code Section 36937; it or a summary of it shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California.. PASSED and ADOPTED i this 12th day of April, 2022. ATTEST: LuzMolina, Clerk APPROVED AS TO FORM: ciapta, Charles E. Bell, Jr., City ",Attorney Alejandra Sotelo-Solis, Mayor Page 4 of 4 Passed and adopted by the Council of the City of National City, California, on April 12, 2022 by the following vote, to -wit: Ayes: Sotelo-Solis, Rios, Bush, Rodriguez Nays: Morrison Absent: None. Abstain: None. AUTHENTICATE[ BY: Alejandra Sotelo-Solis By: Mayor of the City of National City. California Luz Molina City Clerk of the City of National City, California C uty City Clerk I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on March 21 k 2022 and on April 12, 2022. I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance. CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE . 2022-2500 of the City Council of the City of National City, passed and adopted by the Council of said City on April 12, 2022. City Clerk of they'9,ty of Natinal City California By: Attachment A DISTRICTING NATIONAL CITY Final Adopted Map April, 2022 DISTRICTING NATIONAL CITY FINAL ADOPTED MAP 2020 Census Count* Deviation # Deviation % 2010 Census Count 2019 CVAP* 2010 CVAP District 1 District 2 District 3 District 4 13,782 14,606 13,996 13,989 -311 513 -97 -104 -2.2% 3.6% 17,840 14,040 12,235 8,572 8,483 6,571 -0.7% -0.7% 13,039 13,697 8,733 8,204 6,857 6,873 *Adjusted for prisoner reallocation DISTRICTING NATIONAL CITY FINAL ADOPTED MAP B.E,se Ncts Sari Diego Nation, I City Anit4 • I '• 12! — National Geographic, Esri, DeLorme. NAVTEQ, UNEP-WCMC, USGS. NASA, ESA, MET], tiRcAN, GEBCO, rioAA.. iPC *Adjusted for prisoner reallocation DISTRICTING NATIONAL CITY FINAL ADOPTED MAP DISTRICT 1 San Diego Bay National City treo- '0150 Anitd .1-- an Leaflet Tiles 0 Esn— Notional Geographic, Esn, DeLorme, NAVTE UNEP-WC?IC, USGS, NASA ESA, METI, NRCAN, DEBI— Total White Black Asian Hispanic 2020 2019 Count* CVAP* 13,782 12,235 7.89% 22.35% 3.35% 11.66% 10.81% 9.20% 75.07% 53.72% *Adjusted for prisoner reallocation DISTRICTING NATIONAL CITY FINAL ADOPTED MAP i Hendevson Recreatb Irj Keeler, Ave Centt, DISTRICT 2 <'!tnS`= n s� !' s • Las Palmas -. Lsr — National Geo• re Mc, Esri, DeLorme, NAVtEQ UNEP-WCEIC USGS, NASA, ESA, 1.¢TI NRCAN GEBCO, Total White Black Asian Hispanic 2020 2019 Count* CVAP* 14,606 8,572 6.27% 11.23% 3.92% 4.96% 16.57% 18.29% 69.96% 64.72% *Adjusted for prisoner reallocation DISTRICTING NATIONAL CITY FINAL ADOPTED MAP DISTRICT 3 Recreation ,' Center Hend rsonl, Rec meat on Center , • Palin St v• solo_ Ave Reynolds St Pelusa3E , �r �l 1• N 's" Ali\,1ff� C�_'� ��, , z toff • -- Lea' et Tiles ©Esn— National Geographic. Esri, veLorme, NAVIEO, UNEP-WCtdC, USGS, NASA, ESA, METI, NRCAN GEBCO NOAA, 1PC Total White Black Asian Hispanic 2020 2019 Count* CVAP* 13,996 8,733 8.85% 14.61% 3.74% 4.44% 36.52% 34.05% 47.23% 43.48% *Adjusted for prisoner reallocation DISTRICTING NATIONAL CITY FINAL ADOPTED MAP DISTRICT 4 o, GoG`'1 f. \Ut rr o National City 'N W �•?nb`St, • _t 7 1, y 1. k m vJ 3e n Sk. . �> ,,` 1 (yurro iati R'it t1t 1J IC y`cy�• rcY c' C▪ : °x Chula ,;st- Vista In ▪ s, Gig'?° `"t o rAam(''a %gc` St Paradise - PnS|y Hills Park Of �gares 2 Pace° Rohr Park Fred H /rtp Ot Chula"i<ta Vdo.. Sj Sr.lt f2 Glen Abbey Cemetery eaflet! Tiles O Esn— National Geographic, Esn, DeLorme, NAVTEQ, UNEP-WCIdC, USGS, NASA, ESA, METI, NRCAI, Total White Black Asian Hispanic 2020 2019 Count* CVAP* 13,989 8,204 8.97% 16.76% 3.44% 3.23% 12.88% 11.51% 71.61% 63.30% *Adjusted for prisoner reallocation Attachment B Plan Name: NationalCity_Final_Map Plan Components District 1 Block: 060730038001035 1035 1036 1037 Block: 060730101031000 1000 Block: 060730106012000 2000 Block: 060730116012000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 Block: 060730116021001 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2018 Block: 060730117002006 2006 2007 2008 2009 2010 3002 3003 3006 3007 3008 3009 3010 4002 4003 4004 4005 4006 4007 4009 4010 4011 4012 4013 4014 Block: 060730118011004 1004 1005 1006 1007 1008 1009 1018 1019 1020 1021 1022 1023 1024 1025 2004 2005 2006 2007 2008 3004 3005 3006 3007 3008 3009 3010 3011 Block: 060730131031005 1005 1006 1007 1008 1009 1010 Block: 060730219001000 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1097 1098 1099 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 District 2 Block: 060730117001003 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 3000 3001 3004 3005 4000 4001 4008 Block: 060730118011000 1000 1001 1002 1003 1010 1011 1012 1013 1014 1015 1016 1017 Maptitude Fmfted t,1ting Page 1 of 3 Plan Components NationalCity_Final_Map District 2 Block: 060730118011000 1026 1027 1028 1029 2000 2001 2002 2003 2009 2010 2011 2012 3000 3001 3002 3003 Block: 060730118021000 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 2000 2001 2002 2003 2004 2005 2006 2007 3000 3001 3002 4001 4002 4003 4004 Block: 06073011902 3000 3000 3001 3002 3003 3004 3005 3008 3009 3010 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 Block: 060730120032004 2004 Block: 060730220001006 1006 1009 2003 District 3 Block: 060730117001000 1000 1001 1002 Block: 060730119021000 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 3011 3012 3013 Block: 060730120021000 1000 1001 1002 1003 1004 1005 2000 2001 2002 2003 2004 2005 2006 Block: 060730120031000 1000 1001 1002 1003 1004 2000 2001 2002 2003 2008 2009 2010 2011 2012 2013 2014 Block: 060730220001000 1000 1001 1002 1003 1004 1005 1007 1008 2000 2001 2002 District 4 Block: 060730032041018 1018 1019 1021 1024 1025 1026 1027 1028 1033 1035 1036 1038 1039 1040 1041 1042 1043 1044 1047 2000 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Block: 060730032071012 1012 Block: 060730032121003 1003 1006 Block: 060730116011000 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 Block: 060730116021000 1000 1011 2000 2001 2017 Block: 060730117002000 2000 2001 2002 2003 2004 2005 2011 Madtude Page 2 of 3 Plan Components NationalCity_Final_Map District 4 Block: 060730120032005 2005 2006 2007 2015 Block: 060730121011000 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 Block: 060730121021000 1000 1001 1002 1003 1004 1005 1006 1007 1010 1013 1014 1015 1016 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Block: 060730122001000 1000 1001 1003 1005 1008 1009 1013 1017 1019 1020 1021 1022 1023 1024 1027 1030 1037 1038 1039 1040 2000 2001 2002 2003 2004 2005 2008 2016 2017 2018 2019 2020 Block: 060730220002004 2004 Maptitude Page 3 of 3 Fw RedLsbktU g