City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 7, 2023
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Consider Adoption, 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)
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing, and after receiving any comment from the public or Council, adopt, 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 ByDistrict 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 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 AGENDA
ITEM
10 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 hearing 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.
On June 20, 2023, the Council conducted the fifth of its public hearings on by-district elections. The Council took comment from the public, confirmed its desire to adopt the Maroon Map for districting purposes and voiced satisfaction with the election sequencing plan proposed by the City’s consultant.
Thereafter, the Council introduced, waived 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).” The Council directed staff to notice a public hearing for consideration of adoption of Ordinance No. 2023-139, which has been set for this evening.
REVIEW AND ANALYSIS
The Council will conduct a public hearing this evening after which it should consider adoption of Ordinance No. 2023-139. If adopted, said ordinance will amend Chapter 1.20 of Title 1-Administration of the Gonzales City Code to codify elections by-district in the City of Gonzales, commencing in 2024; confirm the district map to be used in the City; and establish the sequencing for implementation of bydistrict elections. 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 by-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 incorporated into Ordinance No. 2023-139 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.
Please note as discussed at the public hearing on June 20th, the two-year term for the council member in District 4 in 2026 is a one-time event necessary in order to reset the election of two council members and the Mayor at all subsequent elections. The District 4 seat will be up for a four-year term at the election in 2028 and every four-year election cycle thereafter.
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
The Council could choose to refrain from adopting Ordinance No. 2023-139 and provide staff with direction but this is not recommended. This evening’s action is the result of more than a year’s worth of work and public input on conversion to the districting process. Staff believes that all issues associated with by-district voting have been fully vetted with the public and Council, and that the ordinance before the Council accurately captures the Council’s wishes concerning this matter.
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 publication in accordance with the law.
Attachments:
1. Public Hearing Notice
2. Ordinance No. 2023-139