Item 2.1 - 2nd Reading and Adoption of Ord .No. 809; Est and Implementing By-District ElectionsGw'9Y
City of Poway
ImTME `°r COUNCIL AGENDA REPORT
APPROVED
Cunningham, Grosch, Mullin, Leonard, Vaus
APPROVED AS AMENDED
❑
(SEE MINUTES)
None
DENIED
❑
REMOVED
❑
CONTINUED
Ordinance No. DO
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Nancy Neufeld, City Clerk _Athkl
(858) 6684535 or nneufeld@poway.org
SUBJECT: Second Reading and Adoption of Ordinance No.809 entitled,
"An Ordinance of the City Council of the City of Poway,
California Establishing and Implementing By -District Elections
and Amending Chapter 2.04 of the Poway Municipal Code to
Provide for City Council Elections by Districts"
Summary:
The introduction and first reading of the above -entitled Ordinance was approved at a
Regular City Council Meeting on September 19, 2017. All Councilmembers were present.
There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES:
Cunningham, Grosch, Mullin, Leonard, Vaus
ABSTAINED:
None
ABSENT:
None
DISQUALIFIED:
None
Recommended Action:
Adopt Ordinance No. 809
Fiscal Impact:
None.
Environmental Review:
This item is not subject to CEQA review.
Public Notification:
The Ordinance will be published in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway, within fifteen (15) days after its passage.
1 of 8 October 3, 2017, Item # 2.1
Attachment:
A. Ordinance No. 809
Reviieew�e,•d'/-Approved By: Reviewed By: Approved By:
Wendy Kdserman Morgan Foley Tina White
Assistant City Manager City Attorney City Manager
2 of 8 October 3, 2017, Item # 2.1
ORDINANCE NO. 809
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF POWAY, CALIFORNIA ESTABLISHING AND
IMPLEMENTING BY -DISTRICT ELECTIONS AND
AMENDING CHAPTER 2.04 OF THE POWAY MUNICIPAL
CODE TO PROVIDE FOR CITY COUNCIL ELECTIONS
BY DISTRICTS
WHEREAS, the City of Poway supports the full participation of all citizens in
electing members of the City Council;
WHEREAS, the City of Poway currently elects its four (4) members of the City
Council using an at -large election system, with a separately elected mayor, where
candidates may reside in any part of the City and each member of the City Council is
elected by the voters of the entire City;
WHEREAS, California Government Code Section 34886, effective January 1,
2017, permits the City Council to change the City's method of election by ordinance to a
"by -district" system in which each member of the City Council is elected only by the voters
in the district in which the candidate resides, and permits the mayor to continue to be
elected at -large, in accordance with California Government Code Section 34871,
subdivision (c);
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 by -district city
council method of election requires a total of five 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);
WHEREAS, at regular meeting of the City Council of the City of Poway held on the
18th day of July 2017, the City Council adopted Resolution No. 2017-046 that initiated
the process of establishing a by -district election system and adopted the schedule
therefore;
WHEREAS, thereafter, at a regular and special meeting of the City Council of the
City of Poway held on the 1st and 8th day of August 2017, respectively, pursuant to
California Elections Code Section 10010(a)(1), the City Council held public hearings
where the public was invited to provide input regarding the composition of the City's voting
districts before any draft maps were drawn, and the City Council of the City of Poway
considered and discussed the same;
WHEREAS, at the regular meeting of the City Council of the City of Poway held on
the 1st day of August 2017, the City Council adopted Resolution No. 2017-055 setting
forth the mandatory and permissive criteria to be considered when drawing voting district
maps;
WHEREAS, thereafter, at special meetings of the City Council of the City of Poway
held on the 18th and 31st day of August 2017, pursuant to California Elections Code
3 of 8 October 3, 2017, Item # 2.1
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 each meeting, as well as the proposed sequence of elections, and
the City Council of the City of Poway considered and discussed the same;
WHEREAS, at the special meeting of the City Council of the City of Poway held on
the 31st day of August 2017, the City Council directed staff to draft an ordinance adopting
the voting district map known as Map 133 and a sequence of elections whereby the
Council District 1 and 3 seats will be placed on the 2018 ballot, and the Council District 2
and 4 seats on the 2020 ballot;
WHEREAS, at the regular meeting of the City Council of the City of Poway held on
the 19th day of September 2017, the City Council held a final 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 same
regular meeting of the City Council of the City of Poway;
WHEREAS, at the regular meeting of the City Council of the City of Poway held on
the 3rd day of October 2017, the City Council of the City of Poway conducted a second
reading and adopted the Ordinance; 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 Poway by -district in four single -member districts as reflected
in Exhibit 1 to this Ordinance, with the Mayor elected at -large, 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 to implement the guarantees of
Section 7 of Article 1 and of Section of Article II of the California Constitution.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City of Poway is hereby divided into four (4) Council districts and
the boundaries of the districts are more particularly depicted in Exhibit A, which is
attached hereto and incorporated by this reference.
SECTION 3. Chapter 2.04 of the Poway Municipal Code is hereby amended by
adding new Sections 2.04.060, 2.04.070, 2.04.080, and 2.04.090 to read as follows:
2.04.060 By -District Electoral System.
Pursuant to California Government Code Section 34886 and the schedule
established in Section 2.04.080 of this Chapter, beginning in November 2018,
members of the City Council shall be elected on a by -district basis from four (4)
single -member Council Districts. The Mayor shall be separately elected on a City-
wide basis. The City's by -district electoral system shall be conducted in
accordance with California Government Code Section 34871, subdivision (c).
4 of 8 October 3, 2017, Item # 2.1
2.04.070 Establishment of City Council Electoral Districts.
A. Pursuant to Section 2.04.060 of this Chapter, members of the City Council
shall be elected on a by -district basis, as that term is defined in California
Government Code Section 34871, subdivision (c), from the four Council Districts
as established and amended from time to time by ordinance, and numerically
designated as District 1, District 2, District 3, and District 4.
B. Members of the City Council, excluding the Mayor, shall be elected in the
electoral districts established by this Section and subsequently reapportioned
pursuant to applicable State and federal law.
C. Except as provided in subdivision D herein and notwithstanding any other
provision of this Chapter, once this Ordinance is fully phased in, the member of the
City Council elected or (in the event of a vacancy filled by the City Council)
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 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 member of the City Council 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, and consistent with the
requirements of California Government Code Section 36512, the members of the
City Council in office at the time the Ordinance codified in 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. At the end of the term of each
member of the City Council, excluding the separate office of Mayor, that member
of the City Council's successor shall be elected on a by -district basis in the districts
established in this Section and as provided in Section 2.04.080 of this Chapter.
E. Nothing in this Section shall affect the election of the Mayor, who shall
remain elected on a City-wide basis, in accordance with Government Code
Sections 34871, subdivision (c), and 34900 et seq.
2.04.080 Election Schedule.
Except as otherwise required by California Government Code Section 36512, the
members of the City Council shall be elected from Council Districts 1 and 3
beginning at the General Municipal Election in November 2018, and every four
years thereafter, as such Council Districts shall be amended. Members of the City
Council shall be elected from Council Districts 2 and 4 beginning at the General
Municipal Election in November 2020, and every four years thereafter, as such
Council Districts shall be amended. The election schedule for the Mayor is not
affected by this Section.
5 of 8 October 3, 2017, Item # 2.1
2.04.090 Map of Council Districts.
The city clerk shall maintain a map of the city showing the current boundaries and
numbers of each city council district as may be established and amended from
time to time by ordinance of the city council.
SECTION 4. 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 5. 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 6. In interpreting this Ordinance or resolving any ambiguity, this
Ordinance shall be interpreted in a manner that effectively accomplishes its stated
purposes.
SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, then such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council of the City of Poway
hereby declares the Council would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that anyone or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk
in accordance with Government Code § 36933.
6 of 8 October 3, 2017, Item # 2.1
Introduced and first read at a Regular Meeting of the City Council of the City of Poway,
California held the 19th day of September 2017, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
that the foregoing Ordinance No. 809, was duly adopted by the City Council at a regular
meeting of said City Council held on the 3rd day of October 2017, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
7 of 8 October 3, 2017, Item # 2.1
City of Poway
2017 Districting
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Stone
Council -
Preferred
Plan 133
2018 Elections: 1 & 3
2020 Elections: 2 & 4
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Water Area
Streets
Landmark Area
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National Demographics Corporation, September 5,1017
8 of 8 October 3, 2017, Item # 2.1