ORDINANCE NO. 1762
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ADDING SECTIONS 2.04.010
THROUGH 2.04.012 TO THE SAN CLEMENTE MUNICIPAL
CODE, ESTABLISHING A BY-DISTRICT ELECTION
PROCESS IN FOUR COUNCIL DISTRICTS WITH AN
ELECTIVE OFFICE OF MAYOR PURSUANT TO CALIFORNIA
ELECTIONS CODE § 10010 AND CALIFORNIA
GOVERNMENT CODE §§ 34871(C) AND 34886 AND SETTING
MAYORAL TERM LIMITS
WHEREAS, the City of San Clemente currently elects its five City Councilmembers using an at-large election system, and the City Council selects a Mayor and Mayor Pro Tem from among its members; and
WHEREAS, in the at-large election system, candidates may reside in any part of the City and each City Councilmember is elected by the voters of the entire City; and WHEREAS, the City's current electoral system observes the guarantees of Section 7 of Article I and Section 2 of Article II of the California Constitution, the Equal Protection Clause of the United States Constitution, and the federal Voting Rights Act; and WHEREAS, in a by-district election system, a candidate for City Council must reside in the district which he or she wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be; and WHEREAS, on July 10, 2023, the City received a letter from the Law Offices of Michelle R. Jackson, asserting the City's at-large electoral system violated the California Voting Rights Act, and threatening litigation if the City declined to adopt by-district elections; and
WHEREAS, the letter did not contain any evidence of a violation, but the cost of defending against a claim under the California Voting Rights Act is extremely high, even if the City is successful, and at this time such an expensive defense would severely burden the City's budget and curtail the City's ability to provide needed services to its residents; and WHEREAS, under the provisions of California Government Code sections 34870- 34884, a proposal to adopt a by-district method of election in a general law city must ordinarily be submitted to the voters of the city; and
WHEREAS, 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; and
WHEREAS, California Government Code section 34886, as amended effective January 1, 2020, provides:
Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in ATTACHMENT 2
subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code); and
WHEREAS, California Government Code section 34871(c) provides for the election of members of the legislative body of a city by districts in four districts, with a separately elected mayor; and
WHEREAS, the City wishes to avoid litigation and take advantage of the provisions of Government Code section 34886, and therefore, pursuant to California Government Code section 34886, it is declared the change in the method of electing members of the City Council of the City of San Clemente made by this Ordinance also implements the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in Section 14031 of the California Voting Rights Act, and WHEREAS, at its regular meeting of August 15, 2023, the City Council adopted a resolution of intent to establish a by-district voting process pursuant to Elections Code section 10010, Resolution No. 23-85; and
WHEREAS, under the provisions of California Elections Code section 10010, a political subdivision that changes from an at-large method of election to a by-district method of election shall hold at least two public hearings over a period of no more than thirty days, at which the public is invited to provide input regarding the composition of the districts before drawing a draft map or maps of the proposed boundaries of the districts; and WHEREAS, before any maps of the proposed boundaries of the districts were drawn, the City Council held public hearings on August 15, 2023 and September 5, 2023, at which time input from the public on the proposed composition of the districts was invited and heard; and
WHEREAS, on September 21, 2023, consistent with the provisions of California Elections Code section 10010, the City published and made available for public review, thirteen (13) draft maps for consideration by the Council, two of which were prepared by the City's demographic consultant, and the rest of which were submitted by members of the public; and
WHEREAS, the potential sequence of elections for each such map was also published at that time; and
WHEREAS, between October 4, 2023 and October 10, 2023, the City published six (6) more draft maps submitted by the public and NDC, in addition to those already published on September 21, 2023, together with potential sequences of elections for each of those maps; and
WHEREAS, as required by California Elections Code section 10010, the City held a third public hearing on October 3, 2023, at which the public was invited to provide input regarding the content of the draft maps and the potential sequence of elections; and WHEREAS, after the close of the public hearings on October 3, 2023, the City Council provided instruction to the City's demographic consultant about making revisions to draft maps and identified map numbers 109, 111 and 112, which had been submitted by members of the public and NDC, as “Focus Maps”; and
WHEREAS, revised maps and the "Focus Maps", in addition to more maps submitted by the public, were made available for public review on October 10, 2023, and the potential sequence of elections for those maps was published as well; and WHEREAS, as required by California Elections Code section 10010, the City held a fourth public hearing on October 17, 2023, at which the public was again invited to provide input regarding the content of the draft maps and the potential sequence of elections; and WHEREAS, as required by California Elections Code section 10010, the City held a fifth public hearing on October 17, 2023, at which the public was again invited to provide input regarding Ordinance No. 1762; and
WHEREAS, it is the considered view of the City Council that map 109, attached hereto as Exhibit A and incorporated into this Ordinance by reference, will serve the best interests of the City of San Clemente; and
WHEREAS, 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 San Clemente by-district in four single-member districts, and a separately elected office of Mayor.
NOW, THEREFORE, the City Council of the City of San Clemente, California, does ordain as follows:
Section 10: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.10, ADDED Section 2.04.10 of the San Clemente Municipal Code is hereby added as follows:
2.04.10 Four City Councilmembers and Elective Mayor.
Pursuant to California Government Code sections 34886 and 34871(c), commencing with the November 2024 general municipal election, the members of the San Clemente City Council shall be elected by-districts in four (4) single-member districts with an elective Mayor. Each Councilmember shall serve a term of four years subject to the term limit set forth in section 2.04.090. The Mayor shall be elected at large by the people of San Clemente and shall serve a term of two years, with a life-time term limit of three full terms, and without the ability to run for Mayor again after completing three full terms.
Section 2: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.11, ADDED Section 2.04.11 of the San Clemente Municipal Code is hereby added as follows:
2.04.11. By-District Electoral System for Four City Councilmembers.
A. Beginning with the general municipal election in November 2024, Councilmembers shall be elected in the electoral districts reflected on the map contained in Exhibit A hereto, which is incorporated fully herein by this reference, and as subsequently reapportioned as provided by law. Elections shall take place on a bydistrict basis as that term is defined in California Government Code section 34871, meaning one member of the City Council shall be elected from each district, by the voters of that district alone, except for the Mayor, who shall be elected citywide. In accordance with section 2.04.10, each Councilmember shall serve a four-year term until his or her successor has qualified.
B. Except as provided in subdivision (C) hereof, the Councilmember elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227.
Termination of residency in a district by a Councilmember shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within 30 days after the termination of residency. (3) Notwithstanding any other provision of this section, each of the Councilmembers in office at the time this article takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. Vacancies in Councilmember offices elected at-large may be filled from the City at-large. At the end of the term of each Councilmember, that member's successor shall be elected on a by-district basis in the districts established in Subsection A and the map contained in Exhibit A hereto, as subsequently reapportioned as provided by law. A vacancy in a Councilmember office elected by-district shall be filled by a person qualified to hold the office, who is a resident of the district.
Section 4: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.12, ADDED Section 2.04.12 of the San Clemente Municipal Code is hereby added as follows:
2.04.12 Election Schedule for Councilmembers Elected By-District.
A. Consistent with Sections 2.04.10 and 2.04.11, Councilmembers from Council Districts 3 and 4 shall be elected beginning at the General Municipal Election in November 2024, and every four years thereafter.
A. Consistent with Section 2.04.11, the Mayor shall be elected beginning in 2026 and every two years after, and Councilmembers from Council Districts 1 and 2 shall be elected beginning at the General Municipal Election in November 2026, and every four years thereafter.
Section 5: IMPLEMENTATION
If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee 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 Manager shall consult with the 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 6: ENVIRONMENTAL REVIEW
The City Council finds that the proposed amendments to the San Clemente Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) in that it is not a project that has the potential for causing a significant effect on the environment.
Section 7: SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. Such section, subsection, sentence, clause or phrase, instead, shall be superseded and replaced by the corresponding provisions, if any exist, of Title 24 of the California Code of Regulations. The City Council of the City of San Clemente hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
Section 8: INCONSISTENCIES
To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.
Section 9: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.
Section 10: SUNSET PROVISIONS
This Ordinance shall be of no further force and effect if the California Voting Rights Act, Elections Code sections 14025 through 14032, as it now exists or may hereafter be amended, is repealed, or declared by a court of competent jurisdiction to be facially unconstitutional, in whole or in part, or unconstitutional, in whole or in part, as applied to the City of San Clemente, or is amended such that its provisions no longer apply to the City of San Clemente. In the event that this Ordinance is of no further force and effect pursuant to this section, the City Council shall immediately consider an ordinance repealing Sections 2.04.10 through 2.04.12 of the Municipal Code of the City of San Clemente. In the event that this Ordinance is of no further force and effect pursuant to this section, the incumbent Councilmembers elected pursuant to the provisions of this Ordinance shall complete their terms of office until their successors are qualified, and their successors shall be elected at-large in the order in which the terms of the thenincumbent Councilmembers expire and in accordance with all other provisions of law, until such time as a different method of election City Councilmembers is approved in accordance with applicable law.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk of the City of San Clemente shall cause this Ordinance to be published pursuant to the provisions of Government Code § 36933.
Section 11: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.
APPROVED AND ADOPTED this _____day of _________________, 2023.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________
Elizabeth A. Mitchell, CITY ATTORNEY
.
3 4
1 2
5 5
Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Ave Pico
Cll
Del Cerro
Cam La Pedriza
National Demographics Corporation, September 21, 2023
Districting 2023
City of San Clemente
©2021 CALIPER
EXHIBIT A
Map 109
District 1
Total Pop 15,611
Deviation from ideal -485
% Deviation -3.01%
% Hisp 13%
% NH White 75%
% NH Black 1%
% Asian-American 7%
Total 11,758
% Hisp 10%
% NH White 81%
% NH Black 0%
% Asian/Pac.Isl. 8%
Total 11,858
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 10,836
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 8,444
% Latino est. 6%
% Spanish-Surnamed 6%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 90%
% NH Black est. 0%
ACS Pop. Est. Total 16,008
age0-19 26%
age20-60 46%
age60plus 28%
immigrants 12%
naturalized 77%
english 86%
spanish 5%
asian-lang 1%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 43%
bachelor 30%
graduatedegree 23%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 62%
income 0-25k 8%
income 25-50k 8%
income 50-75k 6%
income 75-200k 42%
income 200k-plus 36%
single family 95%
multi-family 5%
rented 15%
owned 84%
Total population data from the California adjustment to the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 16,772
676
4.20%
16%
71%
2%
8%
11,193
13%
74%
5%
7%
10,416
8%
8%
3%
1%
85%
2%
9,370
8%
8%
3%
1%
86%
2%
6,882
7%
6%
3%
1%
88%
2%
16,584
33%
49%
18%
10%
77%
86%
5%
2%
7%
2%
38%
38%
23%
45%
67%
7%
8%
7%
41%
36%
80%
20%
23%
77%
3 16,118
22 0.14%
28%
64%
1%
4%
12,012
16%
76%
2%
6%
9,791
13%
13%
2%
1%
84%
1%
8,527
12%
11%
2%
1%
85%
1%
5,801
10%
10%
1%
0%
87%
1%
15,943
19%
55%
26%
14%
50%
76%
16%
3%
5%
7%
47%
25%
19%
22%
68%
11%
14%
15%
43%
17%
50%
50%
57%
43%
4 15,882
-214
-1.33%
15%
76%
1%
4%
12,723
11%
79%
2%
5%
11,965
8%
8%
2%
1%
89%
0%
10,716
8%
7%
2%
0%
90%
0%
8,032
6%
6%
1%
0%
91%
0%
15,889
20%
49%
31%
9%
78%
88%
8%
2%
2%
4%
47%
29%
19%
24%
62%
11%
10%
8%
43%
29%
70%
30%
37%
63%
Total
64,384
1,161
7.22%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
1%
88%
1%
29,159
7%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
09/20/2023 21:18 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats