ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PLEASANT HILL, ADDING SECTION 2.55.160
(ARTICLE IV) TO CHAPTER 2.55 OF TITLE 2 OF THE
PLEASANT HILL MUNICIPAL CODE ESTABLISHING BYDISTRICT ELECTIONS, DEFINING DISTRICT
BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN
THE DISTRICTS
THE CITY COUNCIL OF THE CITY OF PLEASANT HILL DOES ORDAIN AS FOLLOWS:
Section 1. Recitals
A. The City of Pleasant Hill currently elects five Councilmembers using an at-large election system.
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 January 19, 2023, the City received a letter challenging the City’s current election system and asserting that the City’s at-large election system violates the California Voting Rights Act (CVRA).
D. On March 6, 2023 the City Council adopted Resolution No. 20-23, a resolution declaring the City’s intention to transition from at-large to district-based elections pursuant to Elections Code Section 10010.
E. California Government Code section 34886 permits the City Council to change the City’s method of election by ordinance, with certain formalities, to a “by-district” system in which each Councilmember is elected only by the voters in the district in which the candidate resides, or a “by-district” system with an at-large elected Mayor.
F. 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 Pleasant Hill 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 Sections 14025 through 14032 of the California Elections Code.
G. 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.
H. In accordance with Elections Code section 10010, the City Council held three “premap” public hearings to obtain input on any proposed district boundaries on March 20, 2023, April 3, 2023 and April 17, 2023.
I. On May 1, 2023, the City Council held a fourth public hearing (first “post-map hearing) to begin reviewing the proposed maps and to solicit input and comment from the public.
J. On May 6, 2023, May 22, 2023 and June 5, 2023, the City Council held three further “post-map” hearings to continue reviewing the proposed maps and solicit input and comment from the public.
K. On June 26, 2023, the City Council held this eighth public hearing (fifth “postmap” hearing) 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 Pleasant Hill by-district in five single-member districts as reflected in Exhibit A to this Ordinance.
M. Notwithstanding the above, the City Council desires to reserve the possibility for Pleasant Hill voters to consider an alternative district map which, if timely approved by a majority of voters, would replace the default map selected by this Ordinance to govern the November 5, 2024 General Municipal Election and all future municipal elections, until amended. Therefore, this Ordinance is adopted subject to possible amendment by the voters as outlined herein.
Section 2. Addition to Code Section 2.55.160 (Article IV) is hereby added to Chapter 2.55 of Title 2 of the Pleasant Hill Municipal Code to read as follows:
“CHAPTER 2.55
ELECTIONS AND CAMPAIGNS
ARTICLE IV
BY-DISTRICT ELECTIONS
“2.55.160. – BY-DISTRICT ELECTIONS.
(A) By-District Elections. Pursuant to California Government Code section 34886, Members of the City Council of the
City of Pleasant Hill shall be elected by-district.
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 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 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 five Councilmembers shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled ‘City of Pleasant Hill District Map – Map #___’
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 bydistrict: District __; District __; and District ___. In 2026, and every four years thereafter, the following two City Council districts shall be elected by-district: District __ and District __.
(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. Replacement of this Ordinance by Future Ballot Measure. Notwithstanding the above, if a majority of Pleasant Hill voters approve a municipal ballot measure which establishes different election district boundaries, at the March 5, 2024 State-wide Primary Election or at any earlier special municipal election authorized by law, the terms of the approved ballot measure shall amend this Ordinance, the approved ballot measure shall be codified to amend section 2.55.160, and it shall govern the election for the Mayor and City Councilmembers at the November 5, 2024 General Municipal Election and at all future municipal elections, until amended. If such a measure is placed on the ballot but not approved by a majority of Pleasant Hill voters, this Ordinance shall remain in effect and shall govern the election for City Councilmembers at the November 5, 2024 General Municipal Election and all future municipal elections, until amended.
Section 4. Technical District Changes. If necessary to facilitate the implementation of this Ordinance, the 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 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 5. 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 Pleasant Hill 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 6. 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 ______2023. ___________________________________
Timothy M. Flaherty, Mayor
ATTEST:
__________________________________
City Clerk
EXHIBIT A
City of Pleasant Hill District Map
[***INSERT MAP***]