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HomeMy WebLinkAboutOrd 10-22 Amending Chapter 2.32 of the Dublin Municipal Code Establishing a District-Based Election SystemORDINANCE NO. 10 — 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 2.32 OF THE DUBLIN MUNICIPAL CODE ESTABLISHING A DISTRICT -BASED ELECTION SYSTEM WHEREAS, members of the City Council of the City of Dublin ("City") are currently elected in "at -large" elections, in which each City Councilmember is elected by the registered voters of the entire City; and WHEREAS, California Government Code Section 34886 permits the legislative body of a city to adopt an ordinance to change its method of election from an "at -large" system to a "district - based" system in which each councilmember is elected only by the voters in the district in which the candidate resides; and WHEREAS, the City received a letter on January 4, 2022, from Kevin Shenkman of the law firm of Shenkman & Hughes, on behalf of Southwest Voter Registration Education Project and its unidentified members residing within Dublin, alleging that the City's at -large councilmember electoral system violates the California Voting Rights Act ("CVRA") and threatening litigation if the City declines to voluntarily change to a district -based election system for electing councilmembers; and WHEREAS, under Elections Code section 14028(a), a violation of the CVRA is established if it is shown that racially polarized voting occurs in elections. "Racially polarized voting" means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate (Elections Code Section 14026, subd. (e)); 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 district -based city council method of election must hold a series of 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 at least two public hearings following the release of draft voting district maps; and WHEREAS, on February 15, 2022, the City Council adopted Resolution 17-22 declaring its intention to transition from an at -large election system to a district -based election system in conformance with the CVRA and establishing the timeframe for doing so; and WHEREAS, the City retained the services of a qualified demographer to provide a detailed analysis of the City's current demographics and to prepare draft maps that divide the City into voting districts in a manner consistent with the intent and purpose of the CVRA and all other applicable laws; and WHEREAS, as required by California Elections Code Section 10010, the City Council held public hearings on April 19, 2022 and May 17, 2022 to consider input from the public on the composition of the City Council districts and criteria for determining district boundaries; and Ord. No. 10-22, Item 4.5, Adopted 09/06/2022 Page 1 of 4 WHEREAS, as required by California Elections Code Section 10010, the City Council held public hearings on June 21, 2022, and July 19, 2022, where the public was invited to provide comments and input on the draft maps and the proposed sequence of elections; and WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement beyond the public hearings and other procedures required by California Elections Code Section 10010, including but not limited to hosting two community workshop meetings, creating a dedicated district elections web page and a multi -media outreach approach with significant social media engagement. Additional outreach included a Citywide Community Workshop postcard to all Dublin postal customers, several press releases, emails to website districting subscribers, calls and emails to civic and community business organizations, and process flyers posted to the website and distributed at the Dublin Farmers' Market; and WHEREAS, the City Council considered all oral and written information, testimony, and comments received during the public review process. All draft maps were published more than seven days before the public hearing at which they were discussed; and WHEREAS, at a public hearing on July 19, 2022, the City Council agreed to sequence elections such that elections for Districts 1 and 3 would occur at the November 2024 municipal election, and every four years thereafter, and elections for Districts 2 and 4 would occur at the November 2026 municipal election, and every four years thereafter; and WHEREAS, at a public hearing on August 16, 2022, the City Council voted to proceed with a final map, identified as Map 112; 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 Dublin by district in four single -member districts and this change in the method of electing members of City Council is being made in furtherance of the purposes of the California Voting Rights Act of 2001. The City will maintain the at -large election for Mayor. NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows: Section 1. Municipal Code Amendment. Chapter 2.32 (Elections) of the Dublin Municipal Code is hereby amended to add the following: 2.32.030 District Based Electoral System. A. Subject to Section 2.32.050, Councilmembers shall be elected on a district -based electoral system from four single -member city council districts pursuant to Government Code Sections 34886 and 34871. For purposes of this section, the term "district -based electoral system" shall mean the election of Councilmembers by the voters of the district alone. B. Except as provided in subsection C, below, each Councilmember 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 reside in, and be a registered voter in, the district in which they seek election at the time nomination papers are issued, pursuant to Government Code Section 34882 and Elections Code Section 10227. Termination of residency in a district by a Councilmember shall create an immediate vacancy for that district unless a substitute residence within the district is established within thirty (30) days after that termination of residency. Ord. No. 10-22, Item 4.5, Adopted 09/06/2022 Page 2 of 4 C. An at -large Councilmember shall continue in office until the expiration of the full term to which they were elected or appointed and until their successor is qualified. If vacancies in Councilmember offices elected at -large occur before expiration of the full term thereof, such vacancies shall be filled pursuant to California Government Code Section 36512. D. Upon expiration of the full term of each Councilmember elected at -large, that Councilmember's successor shall be elected on a by -district basis in the districts established in Section 2.32.040.A and as provided in Section 2.32.050. 2.32.040 City Council Districts Established By Resolution. A. Subject to Section 2.32.050, Councilmembers shall be elected on a by -district basis from the Council Districts depicted on the Official District Map, as adopted separately by resolution and incorporated by this reference, a copy of which shall be on file in the City Clerk's office. B. The Council Districts specified in 2.32.040 subsection A, above, shall continue in effect until they are amended or repealed in accordance with law. The Council Districts shall be adjusted following each decennial federal census, as required by the Elections Code and other applicable law. 2.32.050 Election Schedule. Councilmembers shall be elected in Council Districts 1 and 3 beginning at the general municipal election in November 2024, and every four years thereafter. Councilmembers shall be elected in Council Districts 2 and 4 beginning at the general municipal election in November 2026, and every four years thereafter. The term and election schedule for the Mayor is not affected by this Section. Section 2. Technical Adjustments. 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 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 3. CEQA. The City Council finds that the proposed amendments to the Dublin Municipal Code are exempt from the requirements of the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 4. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts. Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 6. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. Ord. No. 10-22, Item 4.5, Adopted 09/06/2022 Page 3 of 4 PASSED, APPROVED AND ADOPTED this 6th day of September 2022, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: c—aDoocuSigned by: /A4bAtf4b1... Mayor ATTEST: DocuSigned by City°perk F40A 5160199.3 Ord. No. 10-22, Item 4.5, Adopted 09/06/2022 Page 4 of 4