RES-11155 Intention to Transition from At-Large to District-Based Elections_Nov. 2020RESOLUTION NO. 11155
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DECLARING ITS INTENTION
TO TRANSITION FROM AT-LARGE TO DISTRICT-
BASED ELECTIONS FOR CITY COUNCIL
PURSUANT TO ELECTIONS CODE SECTION 10010
AND GOVERNMENT CODE SECTION 34886
EFFECTIVE FOR THE NOVEMBER 2020 GENERAL
MUNICIPAL ELECTION.
WHEREAS, the City of Orange, California("City") is a general law city, duly organized
under the Constitution and laws of the State of California; and
WHEREAS,the four members of the Orange City Council are currently elected in at-large
elections, in which each City Council member is elected by all registered voters of the entire City,
with the Mayor being separately elected by all registered voters of the entire City, pursuant to
California Government Code Sections 34871 and 34900 et seq.; and
WHEREAS,the California Voting Rights Act of 2001 (Elections Code §§14025-14032)
CVRA") provides that its purpose is "to implement the guarantees of Section 7 of Article I and
of Section 2 of Article II of the California Constitution"; and
WHEREAS,the City of Orange believes that its current electoral system is consistent with
Section 7 of Article I and Section 2 of Article II of the California Constitution, and that a district-
based electoral system is also consistent with these provisions; and
WHEREAS,the CVRA applies to jurisdictions that use an at-large method of election;
and
WHEREAS, numerous cities throughout California, including many in Orange County,
have been sued under the CVRA to force those cities to abandon their at-large electoral systems,
and implement a by-district electoral system; and
WHEREAS, the defense of litigation under the CVRA is extremely expensive even if a
city were to prevail, and successful defense would not prevent a different plaintiff from suing the
city under the CVRA in the future; and
WHEREAS, the CVRA mandates that prevailing plaintiffs are entitled to recover their
attorneys' fees and expenses, including expert witness fees, from a defendant city, and even
defendant cities that have settled CVRA lawsuits in the early stages of litigation are mandated to
pay plaintiffs' attorneys' fees and expenses, which typically have been substantial; and
WHEREAS, California Government Code Section 34886 authorizes the legislative
body of a city to adopt an ordinance, without voter approval, to change its method of election
from "at-large" to "district-based" in which each council member is elected only by the voters
residing in the district in which the candidate resides; and
WHEREAS, Section 34886 authorizes such a change "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, the California Voting Rights Act manifests a preference for a district-
based electoral system; and
WHEREAS, numerous cities and special districts throughout the state and in Orange
County have moved from an at-large electoral system to a by-district electoral system for members
of their governing bodies; and
WHEREAS, the City intends to make this transition from an at -large system to a by-
district system in accordance with the procedural rules outlined in Government Code Section
34886 and Elections Code section 10010.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orange
as follows:
1. The foregoing recitals are true and correct.
2. The City Council shall consider an ordinance to change to a district-based election
system for use in the City's General Municipal Election for City Council Members
beginning in November 2020, in accordance with Elections Code section i 0010 and
Government Code section 34886, and other applicable law.
3. The City Council directs staff to retain a qualified demographer, and other appropriate
consultants as needed,to provide a detailed analysis of the City's current demographics
and any other information or data necessary to prepare a draft map that divides the City
into voting districts in a manner consistent with the intent and purpose of the Federal
Voting Rights Act.
4. In conjunction with the qualified demographer, City Staff shall propose an estimated
time frame and hearing schedule for the adoption of a district-based electoral system in
compliance with Elections Code section 10010.
5. The City Council directs staff to institute a program for public outreach and to inform
the residents of Orange of this resolution and the districting process, and to facilitate
and encourage public participation.
6. The timelines once established for the hearing schedule may be adjusted as deemed
necessary, provided that such adjustments shall not prevent the City from complying
with the time frames specified by Election Code Section 10010.
Resolution No. 11155 2
ADOPTED this 23rd day of Apri12019.
ark A.Murphy, M , City of Orange
ATTEST:
1 p Gt,' I z r'
Pamela C eman, City Clerk, City of Orange
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at an adjourned regular meeting thereof held on the 23rd day of April 2019, by the
following vote:
AYES: COUNCILMEMBERS: Alvaxez, Murphy,Nichols, Monaco
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
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V''--}CI I;
Pamela leman, City Clerk, City of Orange
Resolution No. 11155 3