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HomeMy WebLinkAbout2025-07 Districting ResolutionResolution No. 2025-07 Resolution of Intent – Districting City Council Regular Meeting | February 24, 2024 Page 1 of 5 RESOLUTION NO. 2025-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING ITS INTENTION TO TRANSITION FROM AN AT-LARGE ELECTION SYSTEM TO A DISTRICT-BASED ELECTION SYSTEM PURSUANT TO CALIFORNIA ELECTIONS CODE 10010 WHEREAS, the City of Gilroy ("the City") is a Charter City with six elected members of the City Council elected to staggered four-year terms, and an elected mayor who also serves a four-year term; and WHEREAS, the City Council is charged with managing the City's affairs, setting City policy, and adopting ordinances and resolutions necessary for efficient governmental operations; and WHEREAS, members of the City Council and Mayor are currently elected to staggered four-year terms in “at-large” elections in which each City Councilmember and the Mayor are elected by the registered voters of the entire City; and WHEREAS, California Government Code Section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an at-large system to a district-based system or district-based system with an elected mayor in which each Councilmember is elected only by the registered voters in the district in which the candidate resides; and WHEREAS, the City desires that its electoral system be fair and representative and provide the opportunity for all City residents to elect candidates of their choice to the City Council, and WHEREAS, the City through its City Council and Mayor believes that a move to district-based City Council elections will enhance the opportunity for all City residents, including minority groups, to elect candidates of their choice in fair and representative elections; and WHEREAS, on December 16, 2024, the City received a letter from attorney Kevin Shenkman asserting that the City’s at-large City Councilmember electoral system violates the California Voting Rights Act (“CVRA”); and WHEREAS, the City of Gilroy denies that its current at-large electoral system violates the CVRA or any other law in any aspect, and asserts that its current at-large system is fair and representative in all respects; and Docusign Envelope ID: A104659E-CB3A-44C6-A059-8C0014458DE8 Resolution No. 2025-07 Resolution of Intent – Districting City Council Regular Meeting | February 24, 2024 Page 2 of 5 WHEREAS, the City intends to make this transition from an at-large electoral system for members of the City Council to a district-based system in accordance with the procedural rules outlined in Government Code Section 34886 and Elections Code 10010, and intends to do so within 90 days unless that time is extended; and WHEREAS, the City will work with an experienced demographer to assist the City in making the transition to district-based elections to elect members of the City Council; and WHEREAS, the City will hold at least two public hearings within 30 days of the adoption of this resolution, the purposes of which are: (1) to hear presentations on both the CVRA and the move to district-based elections for members of the City Council; (2) to receive public input about the City in terms of communities of interest and the contours of districts; and, (3) to assist both the City Council and the City's demographer in understanding what district boundaries might make sense; and, (4) to explain to City residents the rules and parameters regarding drawing districts that comply with both state and federal election law; and WHEREAS, these first hearings will occur and public input be received before the demographer draws any maps for consideration of the City Council; and WHEREAS, there is no limitation as to the number of public hearings or meetings the City may hold for the purpose of receiving input from City residents; and WHEREAS, the City will then hold at least additional two public hearings at which the demographer will present draft maps drawn in accordance with both state and federal law and which take into account public input received at the first two public input hearings; and WHEREAS, at least one of these hearings of the two to collect public input and the two to present draft maps will be held after 6:00 p.m. on a weekday or on a Saturday; and WHEREAS, any draft maps of new electoral districts presented for consideration at these additional public hearings will be published on the City's website and available for public release and review at least seven days before any hearing to consider those maps; and WHEREAS, once the City Council has selected a draft map or is further along in the draft map process, the City will take public input at its public hearings on draft maps regarding the proposed sequence of elections, because given the City's staggered elections for City Council three new districts will be on the ballot in November of 2026 and the other three will be on the November 2028 ballot; and WHEREAS, in making the determination as to the order of elections, the City Council will do so in furtherance of “the spirit of the CVRA”; and Docusign Envelope ID: A104659E-CB3A-44C6-A059-8C0014458DE8 Resolution No. 2025-07 Resolution of Intent – Districting City Council Regular Meeting | February 24, 2024 Page 3 of 5 WHEREAS, at a fifth or final meeting, the City Council will select one of the draft maps and set the order of elections. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby finds and resolves as follows: 1. The above recitals are true and correct and are incorporated herein by this reference. 2. The City Council hereby resolves, pursuant to Elections Code Section 10010, to bring the transition to a district-based election system for members of the City Council by ordinance as authorized by California Government Code Section 34886, for use in the City's Municipal Election for City Councilmembers in November 2026 and November 2028, and intends to do so within 90 days of this resolution absent an extension. 3. The City Council further resolves to retain a qualified demographer and to hold at least five public hearings for public input, with the first two hearings being for the purpose of public input on communities of interest and how maps should be drawn, with at least two more hearings at which draft maps will be presented. Any map that the City Council will consider will be published on the City's website and available to the public at least seven days in advance of that hearing. In these later hearings, the City Council will also receive public input on the sequence of elections to further the purposes of the CVRA. The City will publicly release a draft schedule of the public hearings in advance, within a reasonable timeframe from this Resolution, and post the same on its website. 4. At a fifth or final meeting, the City Council will select a map, and also set the order of elections in 2026 and 2028 in the spirit of the CVRA. 5. Working with the demographer, staff is directed to publicize relevant maps, information, notices, agendas and other materials regarding district-based elections and to establish means of communication to answer questions from the public. 6. All public hearings shall be noticed on the City's website, and in addition, as follows: posting on the City's website at least 7 calendar days in advance of the hearing and publication at least 7 days in advance of the hearing by means contemplated to provide notice to City residents including publication in local newspapers or other means; at least one of the CVRA hearings will occur on a Saturday or after 6 pm on a weekday. 7. The City will adopt a proposed schedule to complete the transition from an at-large elections system to a district-based elections system. The currently proposed schedule of the required public hearings is as follows. This schedule may be changed or augmented by future Council action. Docusign Envelope ID: A104659E-CB3A-44C6-A059-8C0014458DE8 Resolution No. 2025-07 Resolution of Intent – Districting City Council Regular Meeting | February 24, 2024 Page 4 of 5 Date Event March 3, 2025 Public Hearing No. 1 March 17, 2025 Public Hearing No. 2 April 7, 2025 Public Hearing No. 3 April 21, 2025 Public Hearing No. 4 May 5, 2025 Public Hearing No. 5 8. The City Administrator is authorized to take any and all other necessary actions to give effect to this Resolution. 9. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 3rd day of March, 2025 by the following roll call vote: AYES: COUNCIL MEMBERS: BRACCO, FUGAZZI, MARQUES, HILTON, RAMIREZ, CLINE, BOZZO NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: APPROVED: Greg Bozzo, Mayor ATTEST: Beth Minor, Interim City Clerk Docusign Envelope ID: A104659E-CB3A-44C6-A059-8C0014458DE8 Resolution No. 2025-07 Resolution of Intent – Districting City Council Regular Meeting | February 24, 2024 Page 5 of 5 CERTIFICATE OF THE CLERK I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2025-07 is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, February 24, 2025, with a quorum present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 26 FEBRUARY 2025. Beth Minor Interim City Clerk of the City of Gilroy Docusign Envelope ID: A104659E-CB3A-44C6-A059-8C0014458DE8