CC Ordinance 2248ORDINANCE NO. 2248
AN ORDINANCE OF THE CITY COUNCIL
ESTABLISHING A BY -DISTRICT ELECTION
PROCESS IN FIVE COUNCIL DISTRICTS
WHEREAS, the City of Campbell supports the full participation of all residents in
electing members of the City Council; and
WHEREAS, the City of Campbell is incorporated and operates under the general laws
of the State of California; and
WHEREAS, the City currently has a five -member City Council with each
Councilmember elected at -large by the electorate of the City; 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 December 3, 2018, 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 City disputes the proffered evidence of a violation, but the cost of
defending against a claim under the California Voting Rights Act would likely be
extremely high; and
WHEREAS, the elections to fill the City Council are 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, the 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 (Chapter 1.5 (commencing with
Section 14025) of Division 14 of the Elections Code;) and
WHEREAS, California Government Code section 34871(a) provides for the election of
members of the legislative body of a city by districts in five districts; and
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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 Campbell
made by this ordinance is to further the purposes of the California Voting Rights Act
(Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code,)
and to implement the guarantees of Section 7 of Article I and of Section 2 of Article II 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 city that
changes from an at -large City Council method of election to a district -based City Council
method of election requires a total of four 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 its regular meeting on January 15, 2019, the City Council adopted
Resolution No. 12402 that initiated the process of establishing a district -based election
system and adopting a proposed schedule therefore; and
WHEREAS, pursuant to California Elections Code Section 10010(a)(1), before any
maps of the proposed boundaries of the districts were drawn, the City Council held
public hearings on March 19, 2019, and April 2, 2019 at which time input from the
public on the proposed district boundaries was invited and heard; and
WHEREAS, at the public hearing on April 2, 2019, the City Council adopted Resolution
No. 12423 setting forth criteria to guide the establishment of City Council Electoral
Districts and setting the number of districts to be established and instructed its
demographic consultant to develop redistricting plan options in accordance with that
criteria; and
WHEREAS, on May 22, 2019, consistent with the provisions of California Elections
Code section 10010, the City published and made available for release, 25 draft maps
for consideration by the Council, one of which was prepared by the City's demographic
consultant and 24 of which were prepared and submitted to the City by members of the
public, together with the potential sequence of the elections; and
WHEREAS, on June 11, 2019 consistent with the provisions of California Elections
Code section 10010, the City published and made available for release, an additional
five draft maps that were prepared by the City's demographic consultant for
consideration by the Council, together with the potential sequence of the elections; 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 the date that the last draft map was published, at which the public was
again invited to provide input regarding the content of the draft maps and the potential
sequence of elections; and
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WHEREAS, on June 4, 2019 and June 18, 2019, 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 the meetings, and the proposed sequence of elections, and the
City Council of the City of Campbell considered and discussed the same; and
WHEREAS, on June 18, 2019, the City Council held a 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 meeting of the City
Council of the City of Campbell; and,
WHEREAS, the City Council has scheduled another public hearing for July 2, 2019, on
the proposal to establish district boundaries, review additional public input, and adopt
this Ordinance, approving the selected district map and election sequence; and
WHEREAS, throughout the foregoing process, the City engaged in a significant amount
of public outreach and engagement as required by California Elections Code Section
10010; and,
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California
Government Code section 34886, an ordinance providing for the election of the
members of the City Council of the City of Campbell by -district in five single -member
districts;
WHEREAS, the term limits provisions of Campbell Municipal Code section 2.04.160 will
apply to Councilmembers elected by -district as well as Councilmembers currently
elected at -large;
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. Sections 2.04.170 and 2.04.180 are hereby added to Chapter 2.04 of the
Campbell Municipal Code to read as follows:
2.04.170 By -district electoral system.
A. Pursuant to California Government Code sections 34886 and 34871(a),
Councilmembers shall be elected by -districts in five (5) single -member
districts.
B. Beginning with the general municipal election in November of 2020,
Councilmembers shall be elected in the electoral districts reflected on the
District Map as adopted and periodically modified by ordinance of the City
Council 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,
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meaning one member of the City Council shall be elected from each district,
by the voters of that district alone with each Councilmember serving a four-
year term until his or her successor has qualified.
C. Except as provided in subsection D 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 thirty (30)
days after the termination of residency.
D. Notwithstanding any other provision of this section, each of the
Councilmembers in office at the time this section 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 shown on the District Map adopted by ordinance
of the City Council, 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 and a registered voter
of the district.
2.04.180 Election schedule for Council members elected by -district.
A. Except as otherwise required by California Government Code Section 36512,
Councilmembers from Districts one and two shall be elected beginning at the
General Municipal Election in November of 2020, and every four years
thereafter.
B. Except as otherwise required by California Government Code Section 36512,
Councilmembers from Council Districts three, four and five shall be elected
beginning at the General Municipal Election in November 2022, and every
four years thereafter.
SECTION 3. The official District Map showing the districts described in this Ordinance
and referenced in newly adopted section 2.04.170 of the Campbell Municipal Code is
attached hereto as Attachment A and adopted herein by reference.
SECTION 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
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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.
SECTION 5. The City Council finds that this ordinance is 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.
SECTION 6. If any section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision or decisions shall not affect the validity
of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed this ordinance, and each section, subsection, sentence, clause and
phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid.
SECTION 7. 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 8. In interpreting this Ordinance or resolving any ambiguity, this Ordinance
shall be interpreted in a manner that effectively accomplishes its stated purpose.
SECTION 9. 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 Campbell Express, a newspaper of general circulation published and circulated in
the City of Campbell, Santa Clara 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.
PASSED AND ADOPTED this 2"d day of July, 2019 by the following roll call vote:
AYES: COUNCILMEMBERS: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPR VE .
ATTEST:
Rio6ard M. Waterman, Mayor
Wendy Mod, City Clerk
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