ORD 06-19 OMC Ch 2.02 to Establish a By-District Election SystemORDINANCE NO. 06-19
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 2
OF THE ORANGE MUNICIPAL CODE BY
ADDING CHAPTER 2.02 TO ESTABLISH A BY-
DISTRICT ELECTION SYSTEM FOR CITY
COUNCIL MEMBERS IN SIX COUNCIL
DISTRICTS WITH A SEPARATELY ELECTED
MAYOR PURSUANT TO CALIFORNIA
ELECTIONS CODE § 10010 & CALIFORNIA
GOVERNMENT CODE §§ 34871(c) & 34886.
WHEREAS, the City of Orange ("City") is a general law city, duly organized under the
Constitution and laws of the State of California; and
WHEREAS, 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 separately elected by all registered voters of the entire City; and
WHEREAS, each City Council Member serves a four-year term; and
WHEREAS, at the March 2, 1976 General Municipal Election, the voters of the City of
Orange changed the City's electoral system to thereafter directly elect the Mayor and also
determined that the Mayor shall serve a two-year term 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 has
resulted in the election of inembers of a protected class as defined in the CVRA for many years;
and
WHEREAS, the City of Orange also believes that a district-based electoral system can
also be consistent with Section 7 of Article I and Section 2 of Article II of the California
Constitution; and
WHEREAS, the CVRA applies to jurisdictions that use an at-large method of election;
and
WHEREAS, the CVRA manifests a preference for a district-based electoral system; 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 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 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(c) provides for the election of
members of the legislative body of a city by districts in six districts,with a directly elected mayor;
and
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 Orange made by this
Ordinance is to continue 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 CVRA,and to protect
the City from potential liability under the CVRA; and
WHEREAS, at its regular meeting on April 23, 2019, the City Council adopted a
resolution of intent, Resolution No. 11155, to establish a by-district voting system pursuant to
Elections Code section 10010; and
WHEREAS,under the provisions of California Elections Code section 10010, a political
subdivision that changes from an at-large method of election to a by-district method of election
shall hold at least two public hearings over a period of no more than thirty days, at which the
public is invited to provide input regarding the composition of the districts before drawing a draft
map or maps of the proposed boundaries of the districts; and
WHEREAS,before any maps of the proposed boundaries of the districts were drawn,the
City Council held public hearings on June 13, 2019, and June 26, 2019, at which time input from
the public on the proposed composition of the districts was invited and heard; and
WHEREAS,at the public meeting on July 27,2019,the City Council adopted Resolution
No. 11178,invited the public to submit proposed districting maps, and instructed its demographic
consultant to develop districting map options in accordance with the criteria adopted by the
Council in that resolution,to wit:
Ordinance No. 06-19 2
1. Districts equal in population as specified by law
2. No racial gerrymandering
3. No denial or abridgement of the right to vote based on race or color
4. Consideration of Communities of Interest
5. Consideration of compactness, where practicable
6. Districts of contiguous territory,to the extent practicable,including that a district shall
not be detertnined to be non-contiguous on the sole basis that its parts are connected
through unincorporated territory within the boundaries of the City
7. Consideration of topography and geography
8. Use of whole census blocks; and
WHEREAS, on August 20, 2019, consistent with the provisions of California Elections
Code section 10010, the City published and made available for release, 17 draft maps proposed
by members of the public, and five draft maps prepared by the City's demographic consultant;
and
WHEREAS, the potential sequence of elections in the districts represented in each map
was also simultaneously published for each draft plan; and
WHEREAS, as required by California Elections Code section 10010, the City held a
public hearing on August 27, 2019 at which the public was invited to provide input regarding the
content of the draft maps and the potential sequence of elections; and
WHEREAS, on August 27, 2019 the City Council selected three focus maps for further
revision and consideration by the public; and
WHEREAS, the City received 13 amended maps based on the focus maps, and on
September 3, 2019, amended maps were published (the potential sequence of elections in the
amended maps remained the same as in the base focus map of each amended map); and
WHEREAS,as required by California Elections Code section 10010,the City held a fifth
public hearing on September 10, 2019, at which the public was again invited to provide input
regarding the content of the draft maps and the potential sequence of elections, and at which the
City Council further narrowed the focus maps to one, and the public was again invited to provide
input regarding the content of the draft maps and the potential sequence of elections; and
WHEREAS,the City received four amended maps based on the focus map and one based
on Map 122, and on October 15, 2019, all amended maps were published along with the potential
sequence of elections in the amended maps; and
WHEREAS,on October 22,2019,the City held a sixth public hearing at which the public
was again invited to provide input regarding the content of the draft maps and the sequence of
elections, including the map attached to and made a part of this Ordinance; and
WHEREAS, the City has complied with all requirements of California Elections Code
section 10010; and
Ordinance No. 06-19 3
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 Orange by-district in six single-member districts, retaining a separately elected
office of Mayor.
NOW,THEREFORE,the City Council of the City of Orange does ordain as follows:
SECTION ONE:
Title 2 of the Orange Municipal Code is hereby amended by adding Chapter 2.02,entitled
City Council—Composition, Elections and Term of Office, which shall read as follows:
Chapter 2.02 CITY COUNCIL-COMPOSITION,ELECTIONS AND TERM OF OFFICE
2.02.010. Composition of the City Council
Pursuant to California Government Code section 34871(c), the City Council shall be
composed of six members and a separately elected Mayor.
2.02.020. By-District Electoral System for Six City Council Members.
Pursuant to California Government Code sections 34886 and 34871(c), Council Members
shall be elected by-districts in six (6) single-member districts, and the Mayor will be
directly elected by the voters of the City as follows:
A. Beginning with the general municipal election in November 2020, Council
Members(except the Mayor)shall be elected in the electoral districts reflected on the map
contained in Exhibit "A" attached hereto, which is incorporated herein by this reference
and made a part of this Ordinance,and as subsequently reapportioned 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, meaning one member of the City Council shall be
elected from each district, by the voters of that district alone, except for the Mayor, who
shall be directly elected by the voters of the City.
B. The Council Member 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 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 Council Member shall
create an immediate vacancy for that council district unless a substitute residence within
the district is established within 30 days after the termination of residency.
C.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.
Ordinance No. 06-19 4
At the end of the term of each councilmember elected at-large, that member's successor
shall be elected on a by-district basis in the districts established in Subsection A and the
map contained in Exhibit"A", as subsequently reapportioned as provided by State law.
2.02.030. Rotation of Elections in the Districts and Term of Office
A. Councilmembers shall be elected in Council Districts 1, 2, 3, and 5 beginning at
the General Municipal Election in November 2020,and every four years thereafter,except
as provided in Subdivision (B).
B. The City Council shall, on a one-time basis only and prior to the first day for
circulating nomination papers for the General Municipal Election in November 2020,
designate the candidate elected from one of Council Districts 1, 3, and 5, to serve a two-
year term.At the October 22,2019 City Council meeting District 1 was randomly selected
to serve the two year term on a one time basis in the November 2020 General Municipal
Election.
C. Councilmembers shall be elected in Council Districts 4, 6, and District 1,
designated for a two-year term as provided in subdivision (B), beginning at the General
Municipal Election in November 2022, and every four years thereafter.
D. Except as provided in Subdivision (B) and elections to fill a vacancy, as stated
below, each member of the City Council elected at the general municipal election, other
than the Mayor, shall be elected to serve a four-year term until his or her successor is
qualified.
E. A vacancy in a Council Member office elected by-district shall be filled by a
person qualified to hold the office, who is a resident of the district in accordance with
Government Code section 36512(b).
F. The Mayor shall be directly elected by the voters of the City and shall serve a two-
year term until her or his successor is qualified. A vacancy in the office of Mayor shall
be filled pursuant to Government Code section 34902(a), and must be a resident of the
City.
SECTION TWO:
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 adopted in this
Ordinance 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 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.
Ordinance No. 06-19 5
SECTION THREE:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed and adopted this Ordinance
and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more
section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION FOUR:
The City Council finds that the proposed amendments to the Orange Municipal Code are
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 FIVE:
This Ordinance was introduced on October 22, 2019.
SECTION SIX:
This Ordinance shall take effect 30 days after adoption.
SECTION SEVEN:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the
same to be published as required by law.
ADOPTED this 12th day of November 2019.
Mark A. urphy, Mayor, City of r ge
ATTEST:
amela Coleman, City Clerk, City of Orange
Ordinance No. 06-19 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the adjourned regular meeting of the City Council
held on the 22nd day of October 2019, and thereafter at the regular meeting of said City Council
duly held on the 12th day of November 2019,was duly passed and adopted by the following vote,
to wit:
AYES:COLTNCILMEMBERS: Alvarez, Murphy,Nichols, Monaco
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COiJNCILMEMBERS: None
amela Coleman, City Clerk, City of Orange
Ordinance No. 06-19 7