AGENDA
Special City Council Meeting
Council Chamber, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Monday, June 3, 2024
Open Session: 5:30 pm.
Agendas for all City Council meetings are posted at least 72 hours prior to the meeting in the kiosk just outside of City Hall, 130 S. Second St., Chowchilla, CA 93610.
The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665- 8615, ext. 102, at least four days prior to a regular meeting and one day for a special meeting.
California Levine Act Statement:
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Chowchilla City Council Member from participating in any action related to a license, permit, contract, or entitlement for use application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from the business/board or applicant.
The Levine Act also requires a member of the Chowchilla City Council who has received such a contribution to disclose the contribution on the record of the proceeding.
CALL TO ORDER/ROLL CALL
Mayor: Kelly Smith
Mayor Pro Tem: Waseem Ahmed
Council Members: Ray Barragan, John Chavez, Jeff Troost City staff and contract employees present will be recorded in the minutes.
OPEN SESSION – 5:30 pm
PLEDGE OF ALLEGIANCE
PRESENTATION/WORKSHOP – Section 1
1.1 Presentation by National Demographics Corporation on Draft District Maps (Lerner) NEW BUSINESS – Section 2
2.1 Consider and Make Map Selection for Inclusion in Ordinance Introduction (Lerner)
2.2 Introduction and First Reading by Title of Ordinance No. 521-24, Establishing ByDistrict Elections (Lerner)
ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA, and made available for public review on this 31st day of May 2024 at or before 4:00 pm.
Joann McClendon, CMC, City Clerk
June 3, 2024 Special City Council Meeting – CVRA, 5:30pm
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REPORT TO THE CITY COUNCIL
Item 1.1
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TO AGENDA
Meeting of: June 3, 2024
AGENDA SECTION: Presentations/Workshop
SUBJECT: Presentation by National Demographics Corporation on Draft District Maps PREPARED BY: Mary Lerner, City Attorney
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ BACKGROUND:
City Council members are currently elected under an “at-large” method of election, where Council members can live anywhere within the City’s boundaries and registered voters within the City may vote for all seats on the Council. On March 21, 2024, the Council took action to begin the hearing process to transition to by-district elections. In by-district elections, each Council member must reside within a designated district boundary and is elected only by the voters in that district boundary.
On April 9, 2024, and April 23, 2024, the Council held two (2) initial public hearings to give the public an opportunity to provide input regarding the potential composition of the district boundaries. During each of these meetings, the Council received a presentation from National Demographics Corporation regarding the district creation process, and thereafter held a public hearing to gather community input regarding the composition of district boundaries.
On May 7, 2024, draft district maps and election sequencing schedules were published on the City’s website for the Council and public’s consideration. On May 14, 2024, the Council held its first public hearing to gather community input regarding these draft maps. On May 18, 2024, the City held an informal community meeting where members of the public were invited to ask the demographer questions, and provide additional feedback.
On May 21, 2024, additional draft district maps and election sequencing schedules were published on the City’s website for the Council and public’s consideration. On May 28, 2024, the Council held its second public hearing to gather community input regarding these draft maps.
On June 3, 2024, the Council will receive a presentation from National Demographics Corporation regarding draft district maps, and then will subsequently introduce by first reading an ordinance adopting a map and corresponding election sequencing schedule.
CITY OF CHOWCHILLA
Draft Plans Presentation
June 3, 2024 Dr. Jeff Tilton, Senior Consultant
National Demographics Corporation
2 Districting Process
Step Description
Two Initial Hearings
April 9 & April 23
• Held prior to release of draft maps
• Education and to solicit input on the composition of districts Release draft maps
May 7
• Maps must be posted at least 7 days prior to 3rd hearing Two hearings on draft maps
May 14 & May 28
• Two meetings to discuss and revise the draft maps and to discuss the election sequence
Community Forum
May 18
• Learn more about districting in Chowchilla
• Review draft maps
Special Meeting
June 3
• Map selected
• First reading of Ordinance
Map adoption
June 11
• Map adopted via Ordinance.
• Final map must be posted at least 7 days prior to adoption June 3, 2024
3 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
“Shall not adopt election district
boundaries for the purpose of
favoring or discriminating against
an incumbent, political candidate,
or political party.”
1. Federal Laws 2. California Criteria
In prioritized order:
1. Geographically contiguous
2. Undivided neighborhoods
and “communities of
interest”
(Socio-economic geographic areas
that should be kept together)
3. Easily identifiable
boundaries
4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)
California Prohibition
3 Districting Rules and Goals
Future population growth
Other Traditional
Districting Principles
June 3, 2024
4 401: 4 districts, elective mayor
June 3, 2024
• “President” Streets united.
• North of Ventura united.
• D3 entirely in Downtown.
• Greenhills united.
5 402: 4 districts, elective mayor
June 3, 2024
• “President” Streets united
and combined with
downtown areas in D3.
• North of Ventura united
and combined with
northern-downtown areas.
• Arab-American cultural
center area united.
• D1 and D3 have large
Downtown populations.
• Greenhills united.
6 403: 4 districts, elective mayor
June 3, 2024
• “President” Streets united.
• North of Ventura united.
• Arab-American cultural
center area united.
• D3 entirely in Downtown.
• Greenhills united.
7 404: 4 districts, elective mayor
June 3, 2024
• “President” Streets united
and combined with the
heart of Downtown.
• D3 is not compact but
unites North of Ventura
and then follows border
of Downtown.
• Arab-American cultural
center area united.
• Greenhills united.
8 405: 4 districts, elective mayor
June 3, 2024
• Adapted from Map 403
• “President” Streets united.
• North of Ventura united.
• Arab-American cultural
center area united.
• D3 entirely in Downtown.
• Greenhills united.
9 501: 5 districts
June 3, 2024
• “President” Streets united.
• D3 is almost entirely
Downtown.
• D4 is almost entirely
Downtown.
• Arab-American cultural
center area mostly united.
• Greenhills united.
10 502: 5 districts
June 3, 2024
• “President” Streets in two
districts.
• Downtown in four
districts.
• North of Ventura united.
• Arab-American cultural
center area in two districts.
• Greenhills united.
11 503: 5 districts
June 3, 2024
• “President” Streets united.
• D3 entirely in Downtown.
• North of Ventura united.
• Arab-American cultural
center area mostly united
in D1.
• Greenhills united.
12 504: 5 districts
June 3, 2024
• Adapted from 503
• “President” Streets united.
• D3 entirely in Downtown.
• North of Ventura united.
• Arab-American cultural
center area mostly united
in D1.
• Greenhills united.
13 Election Year Sequencing Rules
5/28/2024
Elections Codes Section 10010
(b) In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts.
Schools Only: Education Code 5021(a)
If a 2026 and a 2024 trustee are in a seat, some counties say the seat must be up in 2026.
14 Election Year Sequencing In Practice
5/28/2024
1. Number of seats up in a given election is set and cannot change
2. Respect the voters: an incumbent alone in a district has the election year assigned to match the incumbent’s term
3. Vacant seats with traditional low turnout / underrepresentation:
If the next election is a (relatively high turnout) Presidential election, assign the seat to the Presidential year
If the next election is a (relatively low turnout) Gubernatorial election, up to the jurisdiction: elect ASAP but in a low turnout year forever, or wait two years to be in a high turnout year forever.
15 Election Year Sequencing Scenarios
5/28/2024
Resides in District electing in
2024
Resides in District electing in
2026
Term ends in
2024
Runs for election in district at end of
current term
Leaves office at end of current term
in 2024. Can run (but not as
incumbent) when district is up for
election in 2026.
Term ends in
2026
Option 1: Leaves office at end of
current term in 2026. Can run (but
not as incumbent) when district is up
for election again in 2028.
Option 2: In 2024, runs for bydistrict seat. If elected, is sworn into by-district 4-year term, creating a
vacancy for remaining two years of
at-large term, which is filled by
appointment or special election.
Runs for election in district at end
of current term
16 Election Year Sequencing
Maps 401, 402, 403:
Proposed:
2024: Districts 3 & 4
2026: Districts 1 & 2
Alternative:
2024: Districts 1 & 3
2026: Districts 2 & 4
Map 404:
2024: Districts 1 & 4
2026: Districts 2 & 3
Map 405:
Proposed:
2024: Districts 1 & 4
2026: Districts 2 & 3
Alternative:
2024: Districts 1 & 3
2026: Districts 2 & 4
(Mayor would also be elected in 2024)
Maps 501 and 502:
Proposed:
2024: Districts 3, 4 & 5
2026: Districts 1 & 2
Alternative:
2024: Districts 1, 3 & 4
2026: Districts 2 & 5
Maps 503 and 504:
Proposed:
2024: Districts 1, 3 & 5
2026: Districts 2 & 4
Alternative:
2024: Districts 1, 3 & 4
2026: Districts 2 & 5
5/28/2024
17 June 3, 2024
Public Hearing & Discussion
REPORT TO THE CITY COUNCIL
Item 2.2
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THE AGENDA
Meeting of: June 3, 2024
AGENDA SECTION: New Business
SUBJECT: Introduction and First Reading by Title Only of Ordinance No. 521-24, Establishing By-District Elections
PREPARED BY: Mary Lerner, City Attorney
ATTACHMENTS: Draft Ordinance
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
That City Council provide an introduction and first reading by title only of Ordinance No. 521-24, Establishing By-District Elections.
BACKGROUND:
City Council members are currently elected under an “at-large” method of election, where Council members can live anywhere with the City’s boundaries and registered voters within the City may vote for all seats on the Council. The California Voting Rights Act, enacted in 2001, is a state law that allows voters to sue a public agency for using “at-large” elections. Under the CVRA, the definition of an “atlarge” election is broad. An at-large election includes any of the following election methods: (1) where the voters of the entire jurisdiction elect the members to the governing body; (2) where the candidates are required to reside within given areas of the jurisdiction and the voters of the entire jurisdiction elect the members to the governing body; and (3) where at-large elections are combined with district-based elections. A violation of the CVRA is established if it is proven that the City’s at-large elections have resulted in “racially polarized voting” and “vote dilution.” District-Based Elections
The only method of election with a proven track record of providing protections from a CVRA violation is district-based elections. As a result, many public agencies, either on their own initiative or in response to a threat of a CVRA lawsuit, transition to district-based elections. District-based voting systems are ones in which a city is divided into separate geographic districts, each of which elects its own representative(s) who reside(s) in the district and who is/are elected only by the voters residing in that district. Districts are balanced by voter population to ensure no violation of the “one person, one vote” rule. Under the “one person, one vote” rule, voting districts must be relatively equal in size so that each citizen’s voting power is roughly equivalent to every other citizen voting on the matter.
Letter from Scott Rafferty
In February 2024, the City received a letter from Attorney Scott Rafferty alleging that the City’s at-large method of elections violate the CVRA. In this letter, Mr. Rafferty indicates his belief that the City should adopt district-based elections. The letter does not provide any specific demographic data or analysis in support of his claim, though Mr. Rafferty indicates more information regarding his concerns will be provided at a later date. Upon receipt of Mr. Rafferty’s letter, the City is provided 45 days of safe harbor protections against a CVRA lawsuit. If within that 45-day period the City passes a resolution indicating an intent to adopt district areas, the City will be provided an additional 90 days of safe harbor protections in order to complete the process to adopt district-based elections.
The Financial Cost of Defending CVRA Lawsuits
Rather than transition to district-based elections, some public agencies choose to defend against a potential CVRA litigation. CVRA lawsuits can be very expensive to the agency being challenged, regardless of the lawsuit’s outcome. In addition to its own attorneys’ fees, a public agency facing a voting rights challenge may be required to pay the attorneys’ fees and costs for the plaintiff.
District’s Process
City Council members are currently elected under an “at-large” method of election, where Council members can live anywhere with the City’s boundaries and registered voters within the City may vote for all seats on the Council. On March 21, 2024, the Council took action to begin the hearing process to transition to by-district elections. In by-district elections, each Council member must reside within a designated district boundary and is elected only by the voters in that district boundary.
On April 9, 2024, and April 23, 2024, the Council held two (2) initial public hearings to give the public an opportunity to provide input regarding the potential composition of the district boundaries. During each of these meetings, the Council received a presentation from National Demographics Corporation regarding the district creation process, and thereafter held a public hearing to gather community input regarding the composition of district boundaries.
On May 7, 2024, draft district maps and election sequencing schedules were published on the City’s website for the Council and public’s consideration. On May 14, 2024, the Council held its first public hearing to gather community input regarding these draft maps. On May 18, 2024, the City held an informal community meeting where members of the public were invited to ask the demographer questions, and provide additional feedback.
On May 21, 2024, additional draft district maps and election sequencing schedules were published on the City’s website for the Council and public’s consideration. On May 28, 2024, the Council held its second public hearing to gather community input regarding these draft maps.
RECOMMENDED ACTION
Given the issues and timeline noted above, Staff recommends that Council, in accordance with California Government Code section 36934 and Section 2.04.090 of Chapter 2.04 of Title 2 of the City of Chowchilla’s Municipal Code, introduce and provide a first reading by title only of Ordinance No. 521-24, Establishing By-District Elections. Accordingly, a draft Ordinance is provided for Council’s consideration.
ORDINANCE NO. 521-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AMENDING SECTION 2.04.150 OF TITLE 2 OF CHAPTER 2.04 OF
THE CHOWCHILLA MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS,
DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE
DISTRICTS, PURSUANT TO THE CALIFORNIA VOTING RIGHTS ACT THE CITY COUNCIL OF THE CITY OF CHOWCHILLA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council of the City of Chowchilla hereby determines as follows:
A. The City of Chowchilla currently elects five Council Members at-large. The five City Council Members pick one Council Member to serve as mayor for one year, after which the City Council picks a different Council Member to serve as mayor for another one-year term.
B. The City Council has determined that it is in the best interest of the City to shift from its current at-large election system to a by-district election system.
C. On March 21, 2024 the City Council adopted Resolution No. 07-24, a resolution declaring the City’s intention to transition from at-large to district-based elections pursuant to the California Voting Rights Act (California Elections Code Section 10010).
D. California Government Code section 34886 permits the City Council to change the City’s method of election by ordinance and without an election to a [fourmember “by-district” system with a separately elected at-large mayor OR five-member “by-district” system], in which each Councilmember is elected only by the voters in the district in which the candidate resides.
E. 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 the City of Chowchilla made by this Ordinance is 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 the California Voting Rights Act (Sections 14025 through 14032 of the California Elections Code).
F. The City engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps.
G. In accordance with Elections Code section 10010, the City Council held two “premap” public hearings to obtain input on any proposed district boundaries on April 9, 2024, and April 23, 2024.
H. On May 7, 2024, the City Council published draft district maps to its website.
On May 14, 2024, the City Council held its first public hearing to begin reviewing the proposed maps.
I. On May 18, 2024, the City Council held an informal community meeting where members of the public were invited to ask the demographer questions, and provide additional feedback.
J. On May 21, 2024, the City Council published additional draft district maps to its website. On May 28, 2024, the City Council held its second public hearing on the proposed maps.
K. On June 3, 2024, the City Council held a meeting to select a map for adoption and introduced, read by title, and waived further reading of this Ordinance.
L. 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 Chowchilla by-district in [four single-member districts with a separately elected at-large mayor OR five single-member districts] as reflected in Exhibit A to this Ordinance.
SECTION 2. Amendment. Section 2.04.150 of Title 2 of Chapter 2.04, of the Chowchilla Municipal Code is hereby amended as follows:
“2.04.150 - Election of council members—General election.
A. Commencing with the general municipal election now scheduled for November, 1995, the general municipal elections for the city shall be held on the same date as the statewide general elections, being the first Tuesday after the first Monday of November of each even-numbered year.
B. Those city officers, including council members whose terms of office would have, prior to the adoption of the ordinance codified in this section, expired in December, 1995, following the election in November, 1995, shall, instead, continue in office until no later than December, 1996, or until their successors are elected and qualified.
C. Those city officers, including council members whose terms of office would have, prior to the adoption of said ordinance, expired in December, 1997, following the
election in November, 1997, shall, instead, continue in office until no later than December, 1998, or until their successors are elected and qualified.
D. All procedural requirements, including the dates of any notice, canvass of votes, or certification of election, shall comply with those for the statewide general election.
E. Commencing with the November 5, 2024 General Municipal Election, the city council shall consist of [four city councilmembers with a separately elected at-large mayor OR five city councilmembers], all of whom shall be elected at the time and in the manner provided by law.
F. The successors of all initial officers will be elected by the city electors at a general municipal election.
G. By-District Elections.
a. Pursuant to California Government Code section 34886, commencing with the November 5, 2024 General Municipal Election, members of the City Council of the City of Chowchilla shall be elected by-district in [four (4) single-member districts with a separately elected at-large mayor OR five (5) single-member districts].
1. Members of the City Council shall be elected in the electoral districts established by subdivision (b) of this Section and subsequently reapportioned as provided by State law. Elections shall take place “by-district” as that term is defined in California Government Code section 34871, meaning one Councilmember shall be elected from each district, by the voters of that district alone.
2. A 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.
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, the Councilmembers elected at-large and in office at the time this Section takes effect shall continue in office until the expiration of the term to which he or she was elected. In the event a vacancy occurs before the expiration of the at-large elected term of a Councilmember in office at the time this Section takes effect, 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 State law.
b. City Council Districts and District Elections. All [four OR five] Councilmembers shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled ‘[Map Name]’ attached as Exhibit A, a copy of which shall be on file in the City Clerk’s office. In 2024, and every four years thereafter, the following three City Council districts shall be elected by-district: District X; District X; and District X. In 2026, and every four years thereafter, the following two City Council districts shall be elected by-district: District X and District X.
c. Amendment of District Boundaries. Pursuant to Elections Code section 21601, 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 decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.”
SECTION 3. Technical District Changes. If necessary, to facilitate the implementation of this Ordinance, the City Administrator or 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 Administrator or 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 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Chowchilla hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause
a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED, AND ADOPTED this ___ day of _____, 2024. __________________________
Kelly Smith
Mayor
APPROVED AS TO FORM:
__________________________
Mary Lerner
City Attorney
ATTEST:
__________________________
Joann McClendon
City Clerk
STATE OF CALIFORNIA )
COUNTY OF MADERA ) ss.
CITY OF CHOWCHILLA )
I HEREBY CERTIFY that the foregoing Ordinance No. 521-24 was duly introduced and placed upon its first reading at a special meeting of the City Council of the City of Chowchilla held on the 3rd day of June 2024, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the 11th day of June 2024, by the following vote of the Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS