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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 nf I V''--}CI I; Pamela leman, City Clerk, City of Orange Resolution No. 11155 3