City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: June 20, 2023
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, Acting City Manager
SUBJECT: Transition to District-Based Elections for Council Members – Proposed District Maps – Public Hearing #5, and Introduce Ordinance No. 2023-139 Establishing and Implementing By-District Elections
RECOMMENDATION
1. Staff recommends that the City Council conduct a public hearing, receive public comment, discuss and give final approval to a preferred districting map and election sequencing plan for inclusion in an ordinance brought to the Council for possible introduction following the public hearing on this topic on June 20, 2023.
2. Staff recommends that the City Council conduct a public hearing, and after receiving any comment form the public or Council, introduce, waive reading and read by title only Ordinance No. 2023-139, An Ordinance of the City Council of the City of Gonzales Establishing and Implementing By-District Elections (Government Code Section 34886 and Election Code Section 10010).
BACKGROUND
Under threat of potential litigation, on July 18, 2022, the City Council adopted Resolution No. 2022-54 initiating the process for conversion from the current at-large voting system for selecting council members to a “by-district” system. Under the by-district system, the City will be divided into four districts in accordance with applicable law, with one council member residing in each district being elected solely by the residents of said district. The Mayor’s position shall continue to be elected atlarge. The by-district election system is purported to promote greater and more meaningful voter involvement in the city council election process and increase the ability of candidates to seek elected office. In order to effectuate the transition process, by law the City is required to conduct five public AGENDA
ITEM
19 hearings to invite and receive public input regarding the composition of the City’s voting districts, proposed district maps and election sequencing.
Two public hearings were conducted on October 25 and December 14, 2022 at which the City’s consultant in this matter, National Demographics Corporation (“NDC”), explained the conversion process, explained the methods by which voting districts are formed, and received comments and questions from the City Council and members of the public. (The first two meetings were held as joint meetings with the City of Soledad as a convenient cost-savings effort, with one meeting held in Gonzales and one meeting held in Soledad.)
A third public hearing was held on March 23, 2023, at which the Council received public input and Council comment on three draft districting maps that had been prepared and professionally reproduced by NDC. The maps were prepared in compliance with the criteria established by the Fair Maps ActElections Code Section 21601, and the maps and accompanying demographic profiles for each map have been available to the public on the City’s website since March 9, 2023. Map drafting requirements, as established by both Federal and State law, include that districts shall be substantially equal in population, shall to the extent practicable be geographically contiguous, shall to the extent practicable respect the geographic integrity of any local neighborhood or local community of interest, shall be easily identifiable and understandable to residents (bounded by natural and artificial barriers, streets and city boundaries), and to the extent practicable, shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations. After comment from a number of persons was received at the public hearing, and additional comment was provided by the City Council, the “Maroon Map” was preliminarily chosen as the favorite option by a majority of the Council.
A fourth public meeting was conducted at the City Council meeting on June 8, 2023. After receipt of public and Council comment, the Council affirmed its preferred option as the Maroon Map. The Council also requested that NDC provide the City with some guidance as to election sequencing, not only for purposes of implementing the new districting scheme, but to also correct a current imbalance in the City’s voting sequence whereby every four years, the City holds an election at which the seats of three council members and the Mayor are up for election. The election pattern has been perceived by current and former councils, as well as members of the public, as having the potential to undermine effective Council and City operations.
REVIEW AND ANALYSIS
The Council has two public hearings regarding districting before it this evening. The purpose of the evening’s first hearing is to receive a report from NDC regarding all of the draft district maps and receive Council and public input on the process, as well as to make a final selection on a preferred map and sequence of elections. This will be the City’s fifth public hearing on the districting process. To date, the City has received only three draft maps, previously prepared by NDC, and made available to the public both on the City’s website and reproduced and included in agenda packets since early March.
As of the date of the preparation of this report, no additional maps have been submitted by the public.
The proposed plan for election sequencing will reset the election schedule so that the mayor and two council members shall be up for election every two years. It has also been prepared so that no current council member’s term of office will be impacted by the by-district conversion. This will be accomplished by phasing the conversion to district elections over the course of several election cycles and having the council member in one district have an initial two-year term. By-district voting will not impact the current two-year voting schedule for the Mayor’s position. The sequencing plan suggested by NDC is as follows:
General Municipal Election of 2024- The council member in Council District 2 and the Mayor will be up for election.
General Municipal Election of 2026- Council members in Districts 1 and 3 (full term) and council member in District 4 (initial two-year term) and the Mayor will all be up for election. From this point forward, the District 1 and 3 seats will be up for election every four years.
General Municipal Election of 2028- Council members in Districts 2 and 4 and the Mayor will be up for election. From this point forward, the District 2 and 4 seats will be up for election every four years.
At the conclusion of the public hearing, the Council will have the opportunity to once again discuss the maps, to direct NDC to develop new or revised maps for consideration at a subsequent hearing, and/or to select a preferred map and election sequence for inclusion in an ordinance for formal adoption at an upcoming meeting. The Council and the majority of public speakers have previously shown a preference for the Maroon Map.
The purpose of the second public hearing will be to introduce, waive reading and read by title only “An Ordinance of the City Council of the City of Gonzales Establishing and Implementing By-District Elections.” This ordinance will amend Chapter 1.20 of Title 1-Administration of the Gonzales City Code to establish the new by-district voting system. The ordinance will codify by-district voting as the means by which council members are elected in the City, incorporate the preferred district map, and establish a proposed election schedule to implement by-district voting. The Council should take comment on the proposed ordinance and then after closing the comment period, consider introduction of the Ordinance. The Ordinance will then be set for consideration of adoption at a noticed hearing in accordance with the City’s standard procedures at the City Council meeting of July 17. 2023.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: District mapping is arguably a means of ensuring that the elected Council better represents the heritage of the City and results in all community members having a say in maintaining the important qualities that make Gonzales a special place to live.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: See above.
City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and wellbeing of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: N/A.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: See above.
ALTERNATIVES
Both the Council and the public are free to request modifications to any of the maps presented this evening. However, modification will require that the modified map or maps and the proposed ordinance implementing and establishing the by-district election process be brought back for additional comment, review and/or introduction at a subsequent public meeting. Given the fact that the Council and public have shown a clear preference for the Maroon Map for several meetings, such action is not recommended.
BUDGET IMPACT
At this point the only cost the City has incurred is the previously approved cost for the City’s consultant.
Mapping and meeting activities are covered by such costs.
PLANNING COMMISSION RECOMMENDATION
None required.
PUBLIC NOTICE REQUIREMENTS
This evening’s public hearing was noticed by posting on the City’s website and Facebook page, and physically posted at City Hall. The public hearing for the second reading of the Ordinance Establishing and Implementing By-District Elections will be noticed for the Council’s July 17th meeting in accordance with the law.
Attachments:
1. Plans & Demographic Profiles for Three Draft Maps
2. Ordinance No. 2023-139