City of Ojai
City Council Resolution No. 22-45
CITY OF OJAI
CITY COUNCIL RESOLUTION NO. 22-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF OJAI, CALIFORNIA, ORDERING THE SUBMISSION
TO THE QUALIFIED ELECTORS OF THE CITY OF A
MEASURE RELATING TO WHETHER TO ALLOW A
TRANSITION TO ELECTING CITY COUNCIL MEMBERS
CITYWIDE BY RANKED CHOICE VOTING RATHER
THAN BY DISTRICT BEGINNING WITH THE NOVEMBER
2024 ELECTION AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,
2022, AS CALLED BY RESOLUTION NO. 22-31
WHEREAS, a General Municipal Election on Tuesday, November 8, 2022 has been called for the City of Ojai by Resolution No. 22-31, adopted on June 14, 2022, and WHEREAS, the City Council also desires to submit to the voters at the election one question relating to how City Council members are elected;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OJAI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals. All of the foregoing recitals are true and correct.
SECTION 2. General Municipal Election. Under Elections Code sections 324 and 10201, the City Council of the City of Ojai hereby calls and notices a General Municipal Election to be held on November 8, 2022, to submit the following measure to the voters:
Shall the voters authorize, at the discretion of the City instant runoff voting and allowing voters to rank candidates YES for elected office in order of preference, to elect City offices at-large, thereby amending the Ojai Municipal
Code to no longer elect City Council members by district, if the City Council implements it starting with the
NO
City Council Resolution No. 22-45
City of Ojai
City Council Resolution No. 22-45
SECTION 3. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast. If this measure is adopted and a measure repealing Measure A and returning to an appointed Mayor is adopted by the City's voters, then the ranked choice voting process shall apply, if implemented by the City Council, to all five City Council Members [four-year-term], the City Clerk, and the City Treasurer, each elected at-large via a ranked choice voting system. If this measure is adopted and a measure repealing Measure A and returning to an appointed Mayor is not adopted by the City's voters, then the ranked choice voting process shall apply, if implemented by the City Council, to the elected Mayor [two-year-term] and the four City Council Members [four-year-term], the City Clerk, and the City Treasurer, each to be elected at-large via a ranked choice voting system. If the voters decide, by majority vote, to adopt this measure, then the transition to a ranked choice voting procedure may take effect with the November 2024 general election, if implemented by the City Council, and the City Council may adopt a resolution implementing a ranked choice voting process, consistent with applicable law.
SECTION 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 5. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 6. Implementation. The City Clerk is directed to file with the Ventura County Board of Supervisors certified copies of this Resolution, with a copy to the Ventura County Registrar of Voters, pursuant to Elections Code section 10403. The City Clerk is further authorized and directed to perform all other acts necessary or required by law to implement this Resolution and related to the election.
SECTION 7. Impartial Analysis. The City Clerk shall transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within ten (10) days of the adoption of this Resolution.
SECTION 8. Ballot Arguments. Any and all members of the City Council are hereby compliance with sections 9282 and 9283 of the California Elections Code by the deadline established by the City Clerk.
City Council Resolution No. 22-45
City of Ojai
City Council Resolution No. 22-45
SECTION 9. Rebuttal Arguments. Under Elections Code Section 9285, when the elections official has selected the arguments for and against the measure, not exceeding 300 words each, which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of the selected argument against the measure and a copy of an argument against the measure to the authors of the selected argument in favor of the measure immediately upon receiving the arguments.
The author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signatures(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument, available upon request from the City Clerk. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 10. Environmental Determination. The City Council determines this Resolution is exempt from review under the California Environmental Quality Act (CEQA).
Pursuant to section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. The calling and noticing of a General Municipal Election is not a project within the meaning of CEQA Guidelines section 15378, subsection (b)(3).
SECTION 11. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
City Council Resolution No. 22-45
City of Ojai
City Council Resolution No. 22-45
PASSED, APPROVED AND ADOPTED this 27th day of July, 2022 by the following vote:
Blatz, Francina, Weirick
Haney, Stix
ABSTAIN:
ABSENT:
CITY OF OJAI, CALIFORNIA
By:
Betsy Stix
Betsy Stix, Mayor
7/28/22
Date signe
ATTEST:
Anil Dunt
Gail Davis
Deputy City Clerk
APPROVED AS TO FORM:
matthew? Sermon
Matthew T. Summers
City Attorney
City Council Resolution No. 22-45
Tuesday November 8, 2022 - California General Election
City of Ojai Election Home Next
Measure M
- Majority Approval Required
Shall the voters authorize, at the discretion of the City Council, the use of ranked choice voting, also known as instant runoff voting and allowing voters to rank candidates for elected office in order of preference, to elect City offices at-large, thereby amending the Ojai Municipal Code to no longer elect City Council members by district, if the City Council implements it starting with the November 2024 general election?
What is this proposal?
Details — Official information
Impartial analysis / Proposal
City Attorney
Summary:
Measure M was placed on the ballot by the Ojai City Council and, if approved by most voters, would grant the City Council the authority to implement ranked choice voting starting with the November 2024 general election, and may give the City Council the option to return to at-large elections, instead of the current by district elections, for City Council Members.
Background:
The City's voters elect the Mayor, City Clerk, and City Treasurer directly, each at large, and elect four City Council Members by districts. All City elected officials are elected by plurality, where a single election is held and the candidate with the most votes for each office is elected.
Ranked choice voting is an alternative to the standard methods of conducting municipal elections in California, allowing voters to rank their preferred candidates, including write-in candidates. When there are over two candidates for one seat, ranked choice voting allows voters to rank candidates for that seat in order of preference when marking their ballots. Only one candidate can represent each of the voter's first, second, or third, etc., choices.
In a multiple-office election, each ballot is counted and if there is at least one candidate with more votes than the election threshold (the number of votes sufficient to be elected), each candidate above that threshold will be declared elected. If a candidate wins with more votes than the election threshold, but not all seats have been filled, any extra votes count proportionally toward voters' next choices. If no candidate has more votes than the election threshold, the candidate with the fewest votes is eliminated, and voters who picked that candidate have their votes count for their next choice. The process continues until every seat has been filled.
A YES VOTE on Measure M would grant the City Council the authority to amend the Municipal Code to implement ranked choice voting for the Mayor and City Council elections and may allow the City to transition from district-based elections of City Council Members where candidates are elected using the plurality system to a system where four City Council Members are elected at large by ranked choice voting.
A NO VOTE on Measure M means the City would continue to have elections using the plurality system.
If the voters adopt both Measure L and this Measure M, then the voters would elect all five City Council Members by ranked choice voting if the City Council implements ranked choice voting, with the Mayor selected by rotation. The five City Council seats would either be elected by districts or at-large, depending on whether the City Council elected to switch back to at-large elections, instead of the current by-districts system.
If the voters reject both Measure L and this Measure M, then the City's current electoral system would remain unchanged. *Section 9280 of the California Elections Code requires the City Attorney to prepare an Impartial Analysis for each city measure appearing on the ballot.
Published Arguments — Arguments for and against
Arguments FOR Arguments AGAINST
Ojai is a community with a history of creative decision making Vote No! that protects the distinct character we celebrate. Argument Against Measure M Due to the threat of a costly lawsuit under the California Ranked choice is no choice, not allowed under the State of Voting Rights Act, Ojai was forced to move from at-large California Constitution as a General Law city, Which Ojai is voting to districts. This has degraded our governance and and has been for over 100 years. Only 7 of 478 cities in discourse. Voters are confused to discover they can only vote California use ranked choice. Why is this a last-minute issue? for candidates living in their small area of what is already a Why now? Why be a "test case"? Why risk the costs of a small town, rather than candidates for all the Council seats lawsuit? Why are we fallowing Santa Monica who spent $7 throughout our town. million and counting this folly? Our city attorney said "it The commonly adopted remedy to protect minority could cost us hundreds of thousands"! candidates and women candidates from discrimination in No advance notification, keeping the public from weighing in, voting is district voting. But because minorities live across until the last minute. Stop wasting our time and money. If the Ojai rather than in one area, district voting actually has the voters want to get away from districting, then the voters opposite effect, reducing rather than protecting their voting would speak out. They haven't! We haven't even implemented power. vistricts also rewara negative campaigning, wnich discourages minority and women candidates from running. all our districts and they want to get rid of what hasn't been a problem, except in their minds.
Fortunately, there is a proven remedy: at-large Ranked
Choice Voting. This method gets rid of restrictive districts. It The council only supports ballot initiatives that are in the ensures representation from all segments of our community favor of council. They have opposed ballot initiatives brought while maintaining critically important community cohesion. by the citizens. The yes votes to forward these propositions You vote for your preferred candidates from anywhere in the are from councilmembers whose positions are at high risk city, and rank your choices, ensuring your support goes to due to the re-districting policy. Is that coincidence? If you your most preferred candidate that can win. This will give us can't win an election for Mayor, then just agree with your buddies to get appointed. Convenient, Council is creating problems that don't exist, reacting to problems that only they Accurately reflects our values, see. They don't like an elected Mayor, even though the voters Holds elected officials accountable to all voters across our have chosen it twice. They don't like districting because it city, makes it more difficult for them to get reelected. They want Increases opportunity for women and candidates of color to the voters to relinquish their future rights to determine how gain office, and Promotes more positive, civil, and issue- we vote so they can preserve their jobs. All this at the cost of oriented campaigns. nearly $100,000, creating risks of wildly expensive litigation, Significantly, the League of Women Voters has endorsed and the distraction of our city resources from the real ranked choice voting. problems they should be solving.
If this measure passes, it authorizes Ojai to enact at-large, s/Robert Daddi Ojai Voter ranked choice voting, when it is legally feasible, thus avoiding costly litigation.
Vote Yes. We deserve a government that represents our
values, our diversity and our strength as a unique small city. s/Suza Francina Ojai City Council Member s/William
Weirick Ojai City Council
s/Brenna Furness Business Owner s/Judy
Murphy Planning Commissioner
Replies to Arguments FOR Replies to Arguments AGAINST
No Rebuttal to the Argument in Favor of This Measure Was Please vote Yes on Measure M.
Submitted
Rebuttal to Argument Against Measure M
If the voters approve this, it simply gives the city council flexible authority to act once the legal challenges involving other cities are cleared up. Such as, if the city can avoid a lawsuit under the California Voting Rights Act by
demonstrating that ranked choice voting actually improves the election prospects of women and minorities. Or when the California Supreme Court rules, likely in January, on an appeals court ruling that granted Santa Monica the right to keep at large voting districts. Ojai will not implement ranked choice voting and at large district voting unless these legal issues are resolved, thereby avoiding costly litigation.
There was ample advance public notice regarding this. On April 26, 2022, the city council directed staff to provide a report on ranked choice voting. The city attorney reported back on May 24. After a lengthy discussion, the issue was sacred pening anal, delayed pending analysis by the city attorney. Giving the standard advance meeting notice, the city council met on Following an extensive discussion the council voted 3-2 to put ranked choice voting on the ballot, letting the voters decide. It will only be implemented if the threat of litigation is moot.
No city council members will personally benefit from this measure. Two of the three-member majority who voted to put this on the ballot declined to run for re-election. The two dissenters are the only elected officials seeking re-election. s/Suza Francina Ojai City Council Member
s/Brenna Furness Business Owner
s/William Weirick Ojai City Council
s/Judith R. Murphy Planning Commissioner
Save my choice:
Yes No