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HomeMy WebLinkAbout1971ORDINANCE NO. 1971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO SAFEGUARD PALM SPRINGS RESIDENTS' VOTING RIGHTS, COMPLY WITH THE CALIFORNIA VOTING RIGHTS ACT, AND PROTECT THE CITY AGAINST LITIGATION; ADDING SECTION 2.02.005 OF THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING BY- DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING DISTRICT ELECTIONS. City Attorney's Summary This Ordinance adds Section 2.02.005 to Chapter 2.02 of the City's Municipal Code changing the method by which the City's yoters elect all fiye City Councilmembers. Currently, the City elects all Councilmembers, in an "at-large" eiection. This Ordinance safeguards Palm Springs residents' yoting rights, implements requirements of the California Voting Rights Act, and protects the City against litigation. Effectiye starting with the Noyember 2019 general municipal election, the City will elect its Councilmembers "by-districf from fiye electoral districts. The Ordinance includes and approyes the final Council-selected map establishing the boundaries of the fiye electoral districts that Councilmembers will represent. The Ordinance also proyides that Councilmembers representing Districts 1, 2 and 3 will be elected in Noyember of 2019, and eyery four years thereafter, and that Councilmembers representing Districts 4 and 5 wili be elected in Noyember of 2021, and eyery four years thereafter, subject to change as required or authorized by law. The Ordinance includes detailed and integrated findings that serve as the context and basis for its adoption, indicates that the City's transition to "by-district" elections implements the California Voting Rights Act, and addresses minority yoter dilution and the probability of racially polarized yoting, and is otherwise consistent with federai and state iaw. WHEREAS, pursuant to City Charter sections 301 and 302, the City of Palm Springs currently elects and is governed by five (5) co-equal City Councilmembers, one of whom serves as Mayor, using an at-large election system; and WHEREAS, the California Voting Rights Act (CVRA), at California Elections Code section 14027, states: "An at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgment of the rights of voters who are members of a protected class. . ."; and Ordinance No. 1971 Page 2 WHEREAS, the City engaged an expert demographic firm to analyze the City's population and election history, in order to determine if there was evidence of "racially polarized voting", indicating that a protected class within Palm Springs has had its ability to elect candidates of its choice or its ability to influence the outcome of an election impaired through minority voter dilution; and WHEREAS, this analysis indicates that at large elections over the past several years show the possibility, and in some cases the probability, of racially polarized voting in those at-large elections; and WHEREAS, on March 5, 2018, the City received a letter from the Southwest Voter Registration Project demanding that the City transition from an at-large electoral system to a by-district system in order to address alleged violations of the CVRA due to potential minority voter dilution, or face litigation on this issue; and WHEREAS, legal counsel for the Southwest Voter Registration Project has agreed to extend the deadline for the City to make this transition until December 31, 2018, after which he may file legal action as described above; and WHEREAS, no municipality has prevailed in Court in keeping at-large elections as the result of litigation initiated pursuant to the CVRA, including several California charter cities (e.g., Modesto, Palmdale, Santa Monica); and WHEREAS, cities have spent millions of dollars in losing efforts to maintain at- large elections, paying both their own and the plaintiff's attomeys fees, which is authorized by the CVRA; and WHEREAS, The California Court of Appeals has ruled that Charter Cities must comply with the CVRA's requirements regarding by-district elections (Jauregui v. City of Palmdale, (2014) 226 Cal.App.4th 781); and WHEREAS, on November 8, 2018, the Superior Court of the State of California for the County of Los Angeles issued its tentative decision and order in the case of Pico Neighborhood Association, etal. v. City of Santa Monica, ruling that Santa Monica must transition to by-district elections and the court rejected all defenses, including the fact that Santa Monica voters have twice voted to retain at-large elections in their charter since 1946; and WHEREAS, to date, 29 Charter Cities have transitioned from at-large to by-district elections without a public vote, 21 by ordinance and nine by court order; and WHEREAS, in response to the threatened litigation regarding alleged non- compliance with the CVRA, and the desire to maximize the goals of the CVRA and the City's goals of equality, diversity and inclusion, the City Council has determined that it is in the best interest of the City to transition from its current at-large election system to a by-district election system; and Ordinance No. 1971 Page 3 WHEREAS, Native Americans have lived in what is now Palm Springs since time immemorial; and WHEREAS, communities of color, excluding Native Americans - largely Latino, African American, and Filipino, - have lived and worked in Palm Springs since as early as 1910; and WHEREAS, by the 1930s the City's population had increased dramatically and communities of color at that time worked mainly in the agricultural, service, and labor industries of the City; and WHEREAS, since the 1930s, communities of color continuously populated Section 14 in central Palm Springs until the 1960s; and WHEREAS, after World War II, there were mass evictions and the forced removal of residents of Section 14; and WHEREAS, this systematic removal of communities of color from Section 14 led to the creation and settlement in what is now Desert Highlands Gateway, the Veterans Tract, Demuth Park, Lawrence Crossley, and the Golden Sands neighborhoods; and WHEREAS, the City Council has further determined that transitioning from its current at-large election system to a by-district election system will improve minority voter representation by addressing minority voter dilution under the CVRA, particularly with respect to the neighborhoods identified above; and WHEREAS, on April 19, 2018, the City Council adopted Resolution No. 24406, a resolution declaring the City's intention to transition from at-large to by-district elections pursuant to California Elections Code Section 10010; and WHEREAS, the City Council created the Palm Springs CVRA Working Group made up of residents to conduct research, engage the public, and make recommendations relating to by-district elections and diversity in government; and WHEREAS, on May 10, 2018, the Palm Springs CVRA Working Group developed a Statement of Principles identifying goals and processes to help guide the transition to by-district elections, which the City Council unanimously adopted on May 16, 2018; and WHEREAS, the City's retained expert demographic firm assisted the City with developing draft electoral district maps and gathering input from residents on the electoral boundaries of possible maps; and WHEREAS, over 30 public meetings were held throughout the City of Palm Springs to engage residents, obtain input, and provide training on how to draw district maps; and WHEREAS, two mailers were sent to every resident and business address in Palm Springs advising them of the plan to transition to by-district elections and inviting them to Ordinance No. 1971 Page 4 participate in the process; and WHEREAS, in accordance with Elections Code section 10010, the City Council held two public hearings to obtain input on any proposed district boundaries on June 20 and July 11, 2018; and WHEREAS, 41 maps were submitted by the professional demographer and residents; and WHEREAS, on August 28, 2018, the City made 8 maps prepared by its demographer available on its website for public review; and WHEREAS, from July 12, 2018 to September 24, 2018, the City made 33 maps prepared by and submitted by residents available on its website for public review in a timely manner as they were submitted; and WHEREAS, some of the submitted maps proposed that the City Councilmember who would serve as Mayor be elected at-large while the other four City Councilmembers would be elected by-district; while other maps proposed that all five City Councilmembers would be elected by-district; and WHEREAS, the CVRA, at California Elections Code section 14026(a)(3), defines a prohibited "at-large method of election" to include "one that combines at-large elections with district-based elections"; and WHEREAS, on October 4, 2018, the City Council directed that there be five (5) electoral districts within the City, and that all five Members of the City Council no longer be elected at-large; the Council finding that five (5) districts is most consistent with the CVRA and the Statement of Principles unanimously approved by the City Council; and WHEREAS, on November 15 and November 29, 2018, the City Council held two further public hearings as required by Elections Code 10010, at which the public was invited to provide input regarding the content of the draft maps and the sequence of elections; and WHEREAS, on December 10, 2018, the City Council introduced, read by title, and waived further reading of this Ordinance which includes a map (see attached Exhibit "A") with five council districts that are population balanced and based on communities of interest and other Constitutional factors as set forth in the CVRA and Federal Voting Rights Act; and WHEREAS, California Government Code section 34886 permits the City Council to change the City's method of election by ordinance, with certain formalities, to a by- district system in which each Councilmember is elected only by the voters in the electoral district in which the Councilmember resides; and WHEREAS, pursuant to California Government Code section 34886, it is declared that the purpose of the change in the method of electing members of the City Council of Ordinance No. 1971 Page 5 the City of Palm Springs made by this Ordinance is to implement the guarantees of Article I, Section 7 and Article II, Section 2 of the California Constitution, as set forth in the California Voting Rights Act (California Elections Code sections 14025 through 14032); and WHEREAS, local voters' preference for at-large elections, whether expressed through referendum, initiative or charter amendment election, does not alter the requirements of the CVRA, nor does it insulate the City from potential litigation under the CVRA; and WHEREAS, the Council has determined that portions of certain provisions of the Charter of the City of Palm Springs are inconsistent with the CVRA, including without limitation the at-large election elements of Sections 301 and 302; 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 Palm Springs by-district in five single-member districts as reflected in Exhibit A to this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as material findings in support of this Ordinance. SECTION 2. By-District Elections. Section 2.02.005 is hereby added to Chapter 2.02 of Title 2 of the City of Palm Springs Municipal Code to read as follows: "2.02.005 - By-District Elections. A. By-District Elections. Pursuant to Califomia Government Code section 34886, all members of the City Council of the City of Palm Springs shall be elected by-district in five (5) single-member districts. 1. All members of the City Council shall be elected in the electoral districts established by subsection B of this Section and as subsequently reapportioned pursuant to State law. All City Council elections shall take place "by district" as that term is defined in California Government Code section 34871, meaning each of the five (5) Councilmembers shall be elected from each district, by the voters of that district alone. 2. Any Councilmember elected or appointed 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 he or she seeks election at the time nomination papers are issued. Ordinance No. 1971 Page 6 3. Termination of residency in a district by a Councilmember shall create a vacancy for that City Council district unless a substitute residence within the district is immediately declared and established within thirty (30) days after the termination of residency. 4. Notwithstanding any other provision of this Section, all Councilmembers, including the Councilmember who serves as Mayor, in office at the time this Section takes effect shall continue in office until the expiration of the at-large term to which they were elected. In the event a vacancy occurs before the expiration of the term of a Councilmember, in office at the time this Section takes effect, including the Councilmember who serves as Mayor, a person who is appointed or elected by special election to fill such vacancy may reside anywhere within the corporate boundaries of the City. A person appointed or elected to fill such a vacancy shall hold the office in accordance with the City Charter and applicable provisions of the City of Palm Springs Municipal Code. B. City Council Districts and District Elections. All five Councilmembers shall be elected on a by-district basis from the Council districts shown and numbered on the map titled 'Citv of Palm Springs District Map' attached as Exhibit A, a copy of which shall be on file in the City Clerk's office. In November, 2019, and every four years thereafter, the following three City Council districts shall be elected by-district: District 1; District 2; and District 3. In November, 2021, and every four years thereafter, the following two City Council districts shall be elected by-district: District 4 and District 5. The City Council may, by future enactment, change the dates of these elections as required and/or authorized by applicable law. C. Amendment of District Boundaries. Pursuant to California Elections Code section 21620, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each federal decennial census or, if authorized by the City Charter, following each federal mid-decade census, to ensure that the districts are in compliance with all applicable provisions of law." SECTION 3. CEOA. Based upon the whole of the administrative record before it, the City Council hereby finds that a transition from at-large to by-district elections is exempt from environmental review under the California Environmental Quality Act ("CEOA") (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061 (b)(3), 15320, and 15378(b)(3). Adoption of this Ordinance is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect Ordinance No. 1971 Page 7 physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event adoption of this Ordinance does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEOA Guidelines, § 15320.) Further, none of the exceptions to the exemptions found in State CEOA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the Riverside County Clerk a CEOA Notice of Exemption within five (5) working days of the adoption of this Ordinance. SECTION 4. Integration of Ordinance. If any provision of this Ordinance or the application thereof to any person or circumstance is overturned or suspended, this Ordinance shall be deemed overturned or suspended in its entirety and no portion of this Ordinance shall be deemed severable from the overturned or suspended provision. SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary of the same to be published in the official newspaper of the City of Palm Springs within fifteen (15) days following its adoption. SECTION 7. Entry of Note into Charter. Within thirty (30) days following the Effective Date of this Ordinance, the City Clerk is hereby directed to enter a notation that elements of Sections 301 and 302 of the City Charter that are consistent with an "at-large method of election" as the term is defined by California Elections Code section 14026(a)(3), are superseded by preemptive State law, i.e., the CVRA, pursuant to the court decision of Jauregui v. City ofPalmdaie, (2014) 226 Cal.App.4th 781. To the extent that Sections 301 and 302 of the City Charter conflict with the provisions of this Ordinance, this Ordinance shall govern. [signatures on next page] Ordinance No. 1971 Page 8 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 19"^^ DAY OF DECEMBER. 2018. GEOFFTORS, MAYOR PRO TEM ATTEST: ONVLJ. MEJIA CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) ss I, ANTHONY J. MEJIA, City Clerk, hereby certify that the attached is a true copy of Ordinance No. 1971, introduced by the City Council of the City of Palm Springs, California, at a City Council meeting held the 10th day of December, 2018, and adopted at a regular City Council meeting held on the 19th day of December, 2018, by the following vote: AYES: Councilmembers Holstege, Middleton, and Mayor Pro Tem Kors NOES: Councilmember Roberts, and Mayor Moon ABSENT: None ABSTAIN: None WITNESS my hand and official seal of the City of Palm Springs this ZM^day of ' V , 2018. lONY CITY CLERK Ordinance No. 1971 Page 9 EXHIBIT A [MAP ATTACHED BEHIND THIS PAGE] V / \ V- Palm Springs Districting 2018 Palm Springs District Map Tenn mo: S3 Sonora^ •pjiAcmmPacku ^4 im Map layers PS District Map v2 Water Axea Streets Railroad Palm Springs IPS Neighborhoods For more detail, please see the plan viewer on the City's website Map prepared by National Demographics, December 3, 2018 Palm Springs - Palm Springs District Map v2 District 1 2 3 4 5 Total Ideal Total Pop 8,524 9,322 9,133 9,107 8,465 44,551 8,910 Deviation from ideal -386 412 223 197 -445 857 % Deviation -4.33%4.62%2.50%2.21%-4.99%9.62% Total Pop % Hisp 49%22%27%17%11%25% % Nl I White 31%67%62%74%83%64% % NII Black 10%4%4%3%2%4% % Asian-American 8%5%4%4%2%5% (jtizcti \'oting Age Pop Total 5,475 7,670 7,168 7,429 7,575 35,317 % I lisp 29%14%18%12%10%16% % NI I White 49%76%72%80%83%73% % Nil Black 11%4%5%2%2%4% % Asian/Pac.lsl.10%4%3%4%4%5% \'otcr Registration (Nov 2016) Total 3,683 5,788 4,883 5,278 5,780 25,414 % Latino est.22%15%13%11%9%14% % Spanish-Sumamed 20%13%12%10%8%12% % Asian-Sumamed 1%1%1%1%1%1% % Filipino-Surnamed 2%1%1%1%1%1% % Nl 1 White est.71%68%84%91%85%80% % Nl I Black 13%4%6%2%2%5% N'oter Turnout (Nov 2016) Total 2,795 4,745 3,892 4,355 4,843 20,629 % 1 .atino est.18%13%11%10%8%12% % Spanish-Surnamed 16%12%10%9%7%10% % Asian-Sumamed 2%1%1%1%1%1% % Filipino-Surnamed 2%1%1%1%1%1% % NI I White est.75%69%86%92%86%82% % NI I Black 13%4%6%2%2%5% N'otcr Turnout (Nov 2014) Total 1,613 2,959 2,514 2,875 3,356 13,317 % Latino est.17%9%8%7%5%8% % Spanish-Surnamed 16%8%7%6%5%8% % Asian-Sumamed 1%1%1%1%1%1% % Filipino-Surnamed 2%1%1%1%0%1% % Nl I White est.61%78%80%89%91%82% %NII Blackest.11%3%9%2%2%5% ACS Pop. list.Total 9,340 9,613 9,862 8,961 8,506 46,281 Age ageO-19 26%15%15%10%5%14% age20-60 50%49%52%39%43%47% age60plus 24%36%34%51%52%39% Immigration immigrants 27%20%22%17%14%20% naturalized 39%48%40%41%50%43% Language spoken at home english 57%72%68%78%81%71% Spanish 35%21%23%13%12%21% asian-lang 5%2%4%4%2%3% other lang 3%5%5%6%5%5% I.anguage I'iuenq-Speaks ling. "Less than Vcrv Well" 17%9%14%7%4%10% liducation (among those age 25+) hs-grad 54%55%51%55%52%53% bachelor 16%20%22%22%23%21% graduatedegree 9%14%13%15%18%14% (ihild in I lousehold child-underl8 22%13%13%8%4%11% Pet of Pop. Age 16+employed 53%49%51%40%42%47% I lousehold Income income 0-25k 29%24%34%31%30%30% income 25-50k 26%25%25%27%21%24% income 50-75k 16%17%16%16%16%16% income 75-200k 24%29%21%24%24%24% income 200k-plus 5%6%4%3%10%6% I lousing Stats single family 78%83%55%76%77%73% multi-familv 22%17%45%24%23%27% rented 40%31%60%40%36%41% owned 60%69%40%60%64%59% Toul popuhtion data from the 2l)It) Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewade Database. l.alino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NM White and N11 Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 3 >12-21 >16 Amencan Community Sur\ ey and Special Tabulation 5-ycar data.