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CC Resolution 12423RESOLUTION NO. 12423 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING THE 'CRITERIA TO GUIDE THE ESTABLISHMENT OF CITY COUNCIL ELECTORAL DISTRICTS AND SETTING THE NUMBER OF DISTRICTS TO BE ESTABLISHED WHEREAS, the City Council of the City of Campbell ("The City") was elected under an "at large" election system whereby five (5) Councilmembers were elected by voters of the entire City; and WHEREAS, On January 15, 2019, the City Council adopted Resolution 12402 declaring its intent to transition from at -large to district based elections and adopted a timeline setting forth the tentative dates for adopting an ordinance to achieve this; and WHEREAS, On March 19, 2019 and April 2, 2019 the City Council conducted a public hearings at which time it received testimony from the public regarding appropriate criteria to be used to form the districts; and WHEREAS, the City has retained an experienced demographer and special legal counsel to assist the City in establishing a by -district electoral system; and WHEREAS, The City Council has fully considered the presentations of its consultants and all of the public comments received; and WHEREAS, the City Council now wishes to adopt criteria to guide the establishment of electoral districts consistent with legal requirements; and WHEREAS, the Federal Voting Rights Act (42 U.S.C. Section 1973) prohibits the use of any voting qualification, or prerequisite to voting, or standard practice or procedure in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color; and WHEREAS, federal law and the equal protection clause require that each district be equal in population to ensure compliance with the "one person, one vote" rule; however, deviations less than five percent (5%) greater than or less than the ideal, for a total of ten percent (10%) deviation are presumptively constitutional under the equal protection clause where required to.meet an official criteria; and WHEREAS, the City Council has instructed its demographer and city staff to develop draft maps that fully comply with legal requirements and intends to provide official criteria for any needed deviations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby adopt the criteria identified in Exhibit A to guide the establishment of districts for City Council elections; and BE IT FURTHER RESOLVED, that the City Council does hereby direct that five (5) districts be established for .the district based electoral system to be implemented beginning with the November 2020 City Council election. x BE IT FURTHER RESOLVED, that the City Council does hereby direct that five (5) districts be established for the district based electoral system to be implemented beginning with the November 2020 City Council election. PASSED AND ADOPTED this 2nd day of April, 2019, by the following roll call vote: AYES: Councilmembers: Resnikoff, Bybee, Gibbons, Landry, Waterman NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: i Wendy Wood, City Clerk APPROVED: Richard M. Waterman, Mayor- -2- Exhibit A Specification of Criteria to Guide the Establishment of Electoral Districts 1. Each Council District shall contain a nearly equal number of inhabitants; and 2. Council District borders shall be drawn in a manner that complies with the Federal Voting Rights Act; and 3. Council districts shall consist of contiguous territory in as compact form as possible; and 4. Council districts shall respect communities of interest as much as possible; and 5. Council district borders shall follow visible natural and man-made geographical and topographical features as much as possible.