HomeMy WebLinkAboutOrdinance 1956 (District Elections Map 3B)CLERK'S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 1956
AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING A
BY -DISTRICT ELECTION PROCESS IN FOUR COUNCIL DISTRICTS
PURSUANT TO CALIFORNIA ELECTIONS CODE § 10010 &
CALIFORNIA GOVERNMENT CODE §§ 34871(C) & 34886
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 2nd day of April 2018; a
SUMMARY of Ordinance No. 1956 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City,
held on the 16`h day of April 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: Colin
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
18`h day of April 2018
V -1a
c7x - h
LINDSAY LARA
City Clerk
ORDINANCE NO. 1956
AN ORDINANCE OF THE CITY OF SAN RAFAEL
ESTABLISHING A BY-DISTRICT ELECTION PROCESS IN FOUR COUNCIL
DISTRICTS PURSUANT TO CALIFORNIA ELECTIONS CODE § 10010 &
CALIFORNIA GOVERNMENT CODE §§ 34871 (C) & 34886
WHEREAS, the City of San Rafael supports the full participation of all residents in
electing members of the City Council; and
WHEREAS, Article VI of the Charter of the City of San Rafael provides for four
elected City Council members and a separately elected Mayor; and
WHEREAS, the City of San Rafael currently elects four of its City Council members
using an at-large election system, with a separately elected Mayor, who is also a member
of the City Council; and
WHEREAS, in the at-large election system candidates may reside in any part of
the City, and each City Council member is elected by the voters of the entire City; and
WHEREAS, in a by-district election system a candidate for City Council must
reside in the district which he or she wishes to represent, and only the voters of that district
are entitled to vote to decide who their representative will be; and
WHEREAS, on November 10, 2017, the City received a letter from an attorney
asserting the City's at-large electoral system violated the California Voting Rights Act, and
threatening litigation if the City declined to adopt by-district elections; and
WHEREAS, the letter did not contain any evidence of a violation, but the cost of
defending against a claim under the California Voting Rights Act is extremely high; and
WHEREAS, Article IV, Section 2, of the Charter of the City of San Rafael provides
that all elections to fill the City's public offices shall be conducted in the manner provided
for by general law; and
WHEREAS, California Government Code section 34886, as amended effective
January 1,2017, provides:
Notwithstanding Section 34871 or any other law, th .e legislative body of a
city may adopt an ordinance that requires the members of the legislative
body to be elected by district or by district with an elective mayor, as
described in subdivisions (a) and (c) of Section 34871, without being
required to submit the ordinance to the voters for approval. An ordinance
adopted pursuant to this section shall include a declaration that the change
in the method of electing members of the legislative body is being made in
furtherance of the purposes of the California Voting Rights Act of 2001
1 DUP t CA E
ORiGINAL
(Chapter 1.5 (commencing with Section 14025) of Division 14 of the
Elections Code); and
WHEREAS, California Government Code section 34871 (c) provides for the
election of members of the legislative body of a city by districts in four districts, with a
separately elected mayor; and
WHEREAS, at its regular meeting on January 16, 2018, the City Council adopted
a resolution of intent to establish a by-district voting process pursuant to Elections Code
section 10010; and
WHEREAS, 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 San Rafael
made by this ordinance is to implement the guarantees of Section 7 of Article I and of
Section 2 of Article" of the California Constitution, as set forth in Section 14031 of the
California Voting Rights Act; and
WHEREAS, under the provisions of California Elections Code section 10010, a
political subdivision that changes from an at-large method of election to a by-district
method of election shall hold at least two public hearings over a period of no more than
thirty days, at which the public is invited to provide input regarding the composition of the
districts before drawing a draft map or maps of the proposed boundaries of the districts;
and
WHEREAS, before any maps of the proposed boundaries of the districts were
drawn, the City Council held public hearings on February 5,2018, and February 20,2018,
at which time input from the public on the proposed district boundaries was invited and
heard; and
WHEREAS, at the public hearing on February 20, 2018, the City Council instructed
its demographic consultant to develop redistricting plan options in accordance with the
criteria adopted by the Council in Resolution No. 14468; and
WHEREAS, on February 26, 2018, consistent with the provisions of California
Elections Code section 10010, the City published and made available for release, six draft
maps for consideration by the Council, three of which were prepared by the City's
demographic consultant and three of which were prepared and submitted to the City by
members of the public; and
WHEREAS, the potential sequence of elections was also published; and
WHEREAS, as required by California Elections Code section 10010 and as
detailed hereafter, the City held at least two additional hearings within a period of no more
than 45 days from February 26, 2018, at which the public was again invited to provide
input regarding the content of the draft maps and the potential sequence of elections; and
2
: .
WHEREAS, as required by California Elections Code section 10010, the City held
a public hearing on March 5, 2018, at which the public was invited to provide input
regarding the content of the draft maps and the potential sequence of elections; and
WHEREAS, on March 5, 2018, consistent with the provisions of California
Elections Code section 10010, the City published, and made available for release, one
additional draft map prepared and submitted by members of the public for consideration
by the public and the City Council; and
WHEREAS, the potential sequence of elections for that map was also published;
and
WHEREAS, on March 12, 2018, the City Council held a specially-noticed study
session for further consideration of the seven draft maps that were published on or before
March 12, 2018; and
WHEREAS, on March 12, 2018, consistent with the provisions of California
Elections Code section 10010, the City published and made available for release, four
additional/revised draft map(s) for consideration by the public and the City Council; and
WHEREAS, the potential sequence of elections for those maps was also
published; and
WHEREAS, as required by California Elections Code section 10010, the City held
a public hearing on March 19, 2018, at which the public was invited to provide input
regarding the content of the eleven draft maps published and made available for release
on or before March 12, 2018, and the potential sequence of elections; and
WHEREAS, on March 26, 2018, consistent with the provisions of California
Elections Code section 10010, the City published, and made available for release, three
additional draft maps prepared and submitted by the City's demographic consultant for
consideration by the public and the City Council; and
WHEREAS, the potential sequence of elections for those maps was also
published; and
WHEREAS, as required by California Elections Code section 10010, the City held
a public hearing on April 2, 2018, at which the public was invited to provide input regarding
the content of the fourteen draft maps published and made available for release on or
before March 26, 2018, and the potential sequence of elections; and .
WHEREAS, the purpose of this Ordinance is to enact, pursuant to the Charter of
the City of San Rafael and California Government Code section 34886, an ordinance
providing for the election of the members of the City Council of the City of San Rafael by-
district in four single-member districts, retaining a separately elected office of Mayor.
NOW, THEREFORE, the City Council of the City of San Rafael does ordain as
follows:
3
DIVISION 1.
Chapter 2.02 of the San Rafael Municipal Code, entitled "Elections", is hereby amended
by amending Section 2.02.040 thereof to read as follows:
2.02.040. By-district electoral system for four City Councilmembers;
Mayor separately elected.
A. Pursuant to the City Charter and California Government Code sections
34886 and 34871 (c), councilmembers shall be elected by-districts in four (4)
. single-member districts. As required by the City Charter, the Mayor will be
separately elected by a citywide vote.
B. (1) Beginning with the general municipal election in November 2020,
councilmembers shall be elected in the electoral districts reflected on the map
contained in Exhibit A hereto and as subsequently reapportioned as provided by
State law. Elections shall take place on a by-district basis 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,
except for the Mayor, who shall be elected citywide. In accordance with the City
Charter, each councilmember and the Mayor, shall serve a four-year term until his
or her successor has qualified.
(2) Except as provided in subdivision (B)(3) hereof, the 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 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 councilmember
shall create an immediate vacancy for that council district unless a substitute
residence within the district is established within 30 days after the termination of
residency .
(3) Notwithstanding any other provIsion of this section, each of the
councilmembers in office at the time 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. Vacancies in councilmember offices elected at-
large may be filled from the City at-large. At the end of the term of each
councilmember, that member's successor shall be elected on a by-district basis in
the districts established in Subsection A and the map contained in Exhibit A hereto,
as may subsequently reapportioned as provided by State law. A vacancy in a
Councilmember office elected by-district shall be filled by a person qualified to hold
the office, who is a resident of the district.
4
DIVISION 2.
Chapter 2.02 of the San Rafael Municipal Code, entitled "Elections", is hereby amended
by adding new Section 2.02.050 to read as follows:
2.02.050. Election schedule for Council members elected by-district.
A. Councilmembers shall be elected in Council Districts 4/North and 1/South
beginning at the General Municipal Election in November 2020, and every four
years thereafter. .
B. The Councilmembers from Council Districts 3/East and 2/West shall be
elected beginning at the General Municipal Election in November 2022, and every
four years thereafter.
DIVISION 3.
Chapter 2.02 of the San Rafael Municipal Code, entitled "Elections", is hereby amended
by adding new Section 2.02.060 to read as follows:
2.02.060 Election of other City officers.
The election of members of the board of education, and all other elective city
officers, shall occur at the general municipal election, and the terms of their
offices shall be as set forth in the City Charter. Nominations and all elections to
fill public offices and elections on measures shall be made, held and conducted
in the manner provided for by general law.
DIVISION 4.
If necessary to facilitate the implementation of this Ordinance, the City Manager or his or
her designee 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 Manager shall consult with
the 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.
DIVISION 5:
The City Council finds that the proposed amendments to the San Rafael Municipal Code
are exempt from the requirements of the California Environmental Quality Act (CEQA)
pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) in that it
is not a project which has the potential for causing a significant effect on the environment.
5
DIVISION 6.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. The Council hereby declares that it would have adopted the Ordinance
and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact
that anyone or more sections, subsections, sentences, clauses, or phrases be declared
invalid.
DIVISION 7.
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior
to the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final
passage, and the summary of this Ordinance shall be published within fifteen (15) days
after the adoption, together with the names of those Councilmembers voting for or against
same, in the Marin Independent Journal, a newspaper of general circulation published
and circulated in the City of San Rafael, Marin County, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office
of the City Clerk a certified copy of the full text of this Ordinance, along with the names
of those Councilmembers voting for or against the Ordinance.
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1956 was read and introduced at a regular meeting
of the City Council of the City of San Rafael on Monday, April 2, 2018, and was ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: Colin
ABSENT: Councilmembers: None
6
And will come up for adoption as an Ordinance of the City of San Rafael at a Regular
Meeting of the Council to be held on the 16th day of April 2018.
LINDSAY LARA, City Clerk
[EXHIBIT A -CANAL 3B DISTRICT MAP]
7
Lucas Valley
Map layers
D Cana13B
+ Landmark Point
Landmark Area
Pipeline/Power Line
--Railroad
River
--Streets
Water Area
Neighborhoods
Marinwood
Proposed Election Sequence:
2020: 1 and 4
2022: 2 and 3
City of San Rafael 2018 Districting
Cana13B
Santa Venetia
China Camp
Bay Islands
National Demographics Corporation, March 26, 2018
City of San Rafael -Canal 3B Map
District I 1 2 3 4 Total
Ideal Total Po~ 14,215 14,633 14,049 14,822 57,719
14,430 Deviation from ideal -215 203 -381 392 773
% Deviation -1.49% 1.41% -2.64% 2.72% 5.36%
%Hisp 77% 16% 17% 11% 30%
Total Pop %NHWhite 15% 74% 71% 75% 59% --%NHBlack 2% 2% 2% 2% 2%
% Asian-American 5% 6% 8% 9% 7%
Total 4,057 11,302 10,248 11,518 37,123
Citizen Voting Age %Hisp 39% 9% 8% 7% 11%
%NHWhite 42% 81% 81% 81% 77% Pop -%NH Black 2% 4% 4% 3% 3%
% Asian/Pac.Isl. 15% 5% 5% 7% 7%
Total 2,932 9,582 8,894 9,822 31,230
% Spanish-surnamed 23'V. 7% 6% 6% 8%
Voter Registration % Asian-Surnamed 9% 3% 3% 4% 4%
(Nov 2016) % Filipino-Surnamed 1% 1% 1% 1% 1%
% NH \'\'hite est. 55 % 85% 86 % 84% 82 %
%NHBlack 5% 3% 3% 3% 3%
Total 2,343 8,339 7,881 8,696 27,259
% Spanish -surnamed 21 % 6% 6% 6% 7% -Voter Turnout % Asian-Surnamed 8% 3% 3% 4% 4%
(Nov 2016) % Filipino -Surnamed 1% 1% 1% 1% 1%
% NH \'\'hite est. 58% 86% 87% 85% 83% --%NHBlack 5% 3% 3% 3% 3%
Total 1,109 5,048 5,077 5,610 16,844
% Spanish-surnamed 14% 4% 4% 4% 5%
Voter Turnout % Asian-Surnamed 7% 3% 2% 3% 3%
(Nov 2014) % Filipino-Surnamed 0% 0% 1% 1% 0%
% NH \'\'hite cst. 70% 91% 91 % 89% 89 %
% NH Black est. 5% 2% 2% 2% 2%
ACS Pop. Est. Total 14,418 15,529 14,272 15,264 59,482
ageO -19 31 % 19% 22% 20% 23%
Age age20 -60 59% 59% 47% 50% 54%
age60plus 10% 22% 31% 31% 24%
Immigration immigrants 54% 19% 20% 17% 27% -naturalized 18% 34% 52% 58% 33 %
Language spoken at english 23 % 73% 79% 77% 64%
spa~sh 69% 18% 9% 9% 25 % home -asian-lang 6% 2% 4% 6% 4%
other lang 2% 6% 8% 8% 6%
Language Fluency Speaks Eng. "Less 51 % 11% 8% 9% 19% than Very WeU"
Education (among hs-~ad 40% 41 % 36 % 41 % 40 %
those age 25 +) bachelor 11 % 30% 33 % 29 % 27%
graduatedegree 6% 22% 24% 24% 20%
Child in Household child-under18 47 % 24% 26 % 26% 29 %
Pct of Pop. Age 16+ employed 70% 66% 58% 58% 63%
income 0-25k 29 % 17% 13% 16% 17%
income 25 -50k 26 % 20% 14% 15% 18%
Household Income income 50-75k 15% 11 % 9% 16% 13%
income 75 -200k 25 % 40% 39 % 36 % 36 %
income 200k-plus 5% 12% 26 % 17% 16%
single family 33 % 55% 77% 60% 59 %
Housing Stats multi-family 67 % 45% 23% 40% 41 %
rented 73% 56 % 28 % 36 % 46 %
owned 27% 44% 72% 64% 54%
Tow population d.tt from the 20 HI Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Larino votcr rcg;stfation and turnout data arc Sp:mish-sumamc counts adjusted using Census Population Department
undcrcount estimarcs. NH \Vhirc and NH Black rc-gistntion and rumout counts estim.red by NDC. Citizen Voting Age
P o p., Age, Immigration, and other demographics from the 2011-2015 American Community Survcy and Special
Tabulation 5-ve .r datto