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Home My WebLink About2017-07-25; City Council; ; Adopt Ordinance No. CS-322 Establishing and Implementing By-District Elections (Government Code §34886 and Election Code § 10010)Public Notification This item was noticed in accordance with the Ralph M . Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Ordinance No. CS-322 Page 130 ORDINANCE NO. CS-322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS (GOVERNMENT CODE §34886 AND ELECTION CODE §10010) Exhibit 1 WHEREAS, the City of Carlsbad supports the full participation of all citizens in electing members of the City Council; and WHEREAS, the City of Carlsbad currently elects its four (4) members of the City Council using an at-large election system, with a separately elected mayor, where candidates may reside in any part of the City and each member of the City Council is elected by the voters of the entire City; and WHEREAS, California Government Code Section 34886, effective January 1, 2017, permits the City Council of any city to change the City's method of election by ordinance to a "by-district" system in which each member of the City Council is elected only by the voters in the district in which the candidate resides, and permits the mayor to continue to be elected at-large, in accordance with California Government Code Section 34871, subdivision (c); and, WHEREAS, under the provisions of California Elections Code Section 10010, a city that changes from an at-large city council method of election to a by-district city council method of election requires a total of five public hearings, which includes at least two public hearings regarding potential voting district boundaries prior to the release and consideration of any draft voting district maps, and two public hearings following the release of draft voting district map(s); and WHEREAS, at regular meeting of the City Council of the City of Carlsbad held on the 9th day of May, 2017, the City Council adopted Resolution No. 2017-083 that initiated the process of establishing a by-district election system and adopting the schedule therefore; and WHEREAS, thereafter, at a special and regular meeting of the City Council of the City of Carlsbad held on the 30th day of May, 2017 and the 13th day of June, 2017, respectively, pursuant to California Elections Code Section 10010(a)(l), the City Council held public hearings where the public was invited to provide input regarding the composition of the City's voting districts before any draft maps were drawn, and the City Council of the City of Carlsbad considered and discussed the same; and WHEREAS, at the special meeting of the City Council of the City of Carlsbad held on the 30th day of May, 2017, the City Council adopted Resolution No. 2017-097 setting forth the mandatory and permissive criteria to be considered when drawing voting district maps; and WHEREAS, thereafter, at a special and regular meeting of the City Council of the City of Carlsbad held on the 29th day of June, 2017 and the 11th day of July, 2017, respectively, pursuant to California 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 of the City of Carlsbad considered and discussed the same; and Page 131 WHEREAS, at the regular meeting of the City Council of the City of Carlsbad held on the 11th day of July, 2017, the City Council directed staff to draft an ordinance adopting the voting district map known as the "Cohen-Flock 1" map and putting the Council District 1 and 3 seats on the 2018 ballot, and the Council District 2 and 4 seats on the 2020 ballot; and WHEREAS, at the regular meeting of the City Council of the City of Carlsbad held on the 1gth day of July, 2017, the City Council chose to consider the afore referenced map with a minor modification known as the "Cohen-Flock 1 Map with central beach Census Blocks adjustments" (Attached hereto as Attachment A); and WHEREAS, at the regular meeting of the City Council of the City of Carlsbad held on the 18th day of July, 2017, the City Council held a final public hearing on the proposal to establish district boundaries, reviewed additional public input, formally selected the voting district map and the election sequence attached to, incorporated in, and set forth in this Ordinance, which was introduced for a first reading at the same regular meeting of the City Council of the City of Carlsbad; and WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement above and beyond the public hearings and other procedures required by California Elections Code Section 10010, including, but not limited to, two public workshops; and WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code Section 34886, an ordinance providing for the election of members of the City Council of the City of Carlsbad by-district in four single-member districts as reflected in Attachment A to this Ordinance, with the Mayor elected at-large, in furtherance of the purposes of the California Voting Rights Act of 2001 {Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of Section 7 of Article 1 and of Section of Article II of the California Constitution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that: SECTION 1. The foregoing recitals are true and correct. SECTION 2. Chapter 2.04 of the Carlsbad Municipal Code is hereby amended by adding new Sections 2.04.070, 2.04.080 and 2.04.090 to read as follows: 2.04.070 By-District Electoral System. Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.090 of this Chapter, beginning in November 2018, members of the city council shall be elected on a by-district basis from four (4) single-member Council Districts. The mayor shall be separately elected on a City-wide basis. The City's by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c). Page 132 2.04.080 Establishment of City Council Electoral Districts. A. Pursuant to Section 2.04.070 of this Chapter, members of the city council shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four Council Districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law: 1. Council District 1 shall comprise all that portion of the City reflected on Attachment A. 2. Council District 2 shall comprise all that portion of the City reflected on Attachment A. 3. Council District 3 shall comprise all that portion of the City reflected on Attachment A. 4. Council District 4 shall comprise all that portion of the City reflected on Attachment A. B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this Section and subsequently reapportioned pursuant to applicable State and federal law. C. Except as provided in subdivision D herein and notwithstanding any other provision of this Chapter, once this Ordinance is fully phased in, the member of the city council elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227. Termination of residency in a district by a member of the city council shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency. D. Notwithstanding any other prov1s1on of this Section, and consistent with the requirements of California Government Code Section 36512, the members of the city council in office at the time the Ordinance codified in this Chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each member of the city council, excluding the separate office of mayor, that member of the city council's successor shall be elected on a by-district basis in the districts established in this Section and as provided in Section 2.04.090 of this Chapter. E. Nothing in this Section shall effect the election of the mayor, who shall remain elected on a City-wide basis, in accordance with Sections 2.04.020 and 2.04.060 of this Chapter and Chapter 2.06 of this code. Page 133 2.04.090 Election Schedule. Except as otherwise required by California Government Code Section 36512, the members of the city council shall be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. Members of the city council shall be elected from Council Districts 2 and 4 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such Council Districts shall be amended. The election schedule for the mayor is not affected by this Section. SECTION 3. A map showing the districts described in this Ordinance and codified in Section 2.04.080 of the City of Carlsbad Municipal Code is attached hereto as Attachment A and incorporated herein by reference. SECTION 4. Only when necessary to facilitate the implementation of this Ordinance, is the City Clerk authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials 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 in 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 6. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes. SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Carlsbad hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption (scheduled for July 25, 2017); and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. II Page 134 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 18th day of J.!!!y, 2017, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of J.!!!y, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, M. Packard. NOES: C. Schumacher. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: G £-d,;~£4~~ CELIA A. BREWER, City Attorney (SEAL)