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HomeMy WebLinkAboutOrdinance No. 2025-04 | District Elections | Adopted 06/02/2025ORDINANCE NO. 2025-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY TO ESTABLISH THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY SIX DISTRICTS, ESTABLISH THE BOUNDARIES, IDENTIFICATION NUMBERS, AND THE ELECTION ORDER OF EACH DISTRICT, ESTABLISH A RESIDENCY REQUIREMENT TO SEEK A COUNCIL SEAT FROM EACH DISTRICT, AND RELATED ACTIONS WHEREAS, the City of Gilroy has historically used an at-large method of election, which is consistent with the guarantees of Section 7 of Article 1 and of Section 2 of Article II of the California Constitution; and WHEREAS, the City's at-large electoral system elects six at-large members to the City Council and an at-large mayor to staggered four-year terms; and WHEREAS, California Government Code Section 34886 permits the City Council to change the method of election by ordinance to a “by-district” system in which each member of the City Council is elected only by the voters in the district in which the candidate resides, in accordance with California Government Code Section 34871; and WHEREAS, a by-district system can also be consistent with the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution; and WHEREAS, on February 24, 2025, the City Council adopted Resolution No. 2025-07 which initiated the process of establishing a by-district election system to replace the current at-large system commencing with the 2026 election; and WHEREAS, under the provisions of California Elections Code Section 10010, a city that changes from an at-large city council method of election to a by-district city council method of election must hold a total of at least five public hearings, which includes at least two (2) public hearings regarding potential voting district boundaries prior to the release and consideration of any draft voting district maps, and two (2) public hearings following the release of draft voting district maps; and / / / Docusign Envelope ID: E1371079-DE06-4446-B620-DCC1F865063F WHEREAS, on March 3, 2025 and March 17, 2025, pursuant to California Elections Code Section 10010(a)(1), the City Council held public hearings where the public was invited to provide input regarding the composition of the City’s voting districts before any draft maps were drawn, and the City Council of the City of Gilroy considered and discussed the same; and WHEREAS, at the public hearing of the City Council on March 17, 2025, the City Council also invited input on whether to have six (6) districts and an at-large directly- elected Mayor, or seven (7) districts with the Mayor selected by the City Council on a rotating basis, and voted to proceed with a six-district system with an at-large directly elected Mayor, directing its demographer to draft maps that divide the City into six (6) districts in preparation for the April 7, 2025 public hearing; and WHEREAS, on April 7, 2025, April 21 2025, and May 5, 2025 pursuant to California Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released and published at least seven (7) days before each public hearing and the proposed sequence of the elections, and the City Council of the City of Gilroy considered and discussed the same; and WHEREAS, at its public hearing on April 7, 2025, the City Council reviewed twenty-four draft maps prepared by Redistricting Partners based on public input and direction received at the March 17, 2025, public hearing, and provided direction and proposed revisions regarding the draft maps and new maps; and WHEREAS, at its public hearing on April 21, 2025, the City Council reviewed draft maps that had previously been submitted and created by the public and/ or created by Redistricting Partners, and provided further direction on changes to the boundaries in these draft maps and also drew additional draft maps for consideration; and WHEREAS, at its public hearing on May 5, 2025, the City Council selected Map D and Map F as the final maps – one of which would be selected at the May 19, 2025 Public Hearing – and noted that it would take up the questions on the order of elections Docusign Envelope ID: E1371079-DE06-4446-B620-DCC1F865063F (that is, which three new districts would be on the 2026 ballot and which three districts would be on the 2028 ballot) and whether candidates running for City Council must be residents of the district in which they seek election or any period of time prior to filing their nomination paper; and WHEREAS, at its public hearing on May 19, 2025, the City Council selected Map F as the final map to serve the purposes and objectives of the California Voting Rights Act to increase participation in the electoral process and to enable minority voters to elect candidates of their choice, determined the identification numbers for the districts, identified Districts #4, #5, and #6 as those districts that would select City Council candidates in 2026, and identified Districts #1, #2, and #3 as those districts that would select City Council candidates in 2028; and WHEREAS, at its public hearing on May 19, 2025, the City Council determined that candidates running for City Council must be residents of the district in which they seek election for at least thirty (30) days prior to filing their nomination papers; and WHEREAS, these actions by the City Council do not change the schedule or method of selection of the City's at-large mayor; and WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement above and beyond the public hearings and other procedures required by California Elections Code Section 10010, including hosting a webpage dedicated to districting; inviting the submission of community of interest forms to allow the public to provide input on keeping communities of interest in single districts to the extent possible; hosting workshops on the districting process; inviting the submission of draft maps by the public using an interactive mapping tool; and providing districting information to local and to good government, civic engagement, and minority groups active within the City; and, WHEREAS, the purposes of this Ordinance are to: enact, pursuant to California Government Code Section 34886, an ordinance providing for the election of members of the City Council of the City of Gilroy by district in six (6) single-member districts as reflected in the voting district map referred to as Map F and attached as Exhibit A to this Docusign Envelope ID: E1371079-DE06-4446-B620-DCC1F865063F Ordinance, in furtherance of the California Voting Rights Act of 2001 (Chapter 1.5 [commencing with Section 14025] of Division 14 of the Elections Code) to encourage by-district elections as one method to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution; to establish which three districts are on the ballot in 2026 and which three are on the ballot in 2028; and, to establish a thirty-day (30) residency requirement that requires candidates for City Council to live in the district in which they will run for at least 30 days prior to filing their nomination papers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I INCORPORATION OF RECITALS: The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety. SECTION II A. SELECTION OF MAP: From this time forward and commencing with the November 2026 election, City elections for City Council will be by-district, with the City divided into the six (6) electoral districts with identification numbers for the districts, as shown on the final map selected by the City Council – Map F, and there is no change to the method or schedule of electing the City's Mayor, who will continue to be elected at-large. B. ORDER OF ELECTIONS: Districts #4, #5, and #6 will be on the ballot in November of 2026, and Districts #1, #2, and #3 will be on the ballot in November of 2028, in order to serve the purposes and objectives of the California Voting Rights Act to increase participation in the electoral process and to enable minority voters to elect candidates of their choice. C. THIRTY-DAY (30) RESIDENCY REQUIREMENT: Candidates for City Council must be residents of the district in which they seek election for at least thirty (30) days prior to filing their nomination papers. Docusign Envelope ID: E1371079-DE06-4446-B620-DCC1F865063F SECTION III SEVERABILITY If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION IV TIMING OF EFFECT Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force and effect thirty (30) days from and after the date it is adopted. PASSED AND ADOPTED this 2nd Day of June, 2025, by the following roll call vote: AYES: COUNCIL MEMBERS: Bracco; Cline; Fugazzi; Hilton; Marques; Ramirez; Mayor Bozzo NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: APPROVED: ______________________________ Greg Bozzo, Mayor ATTEST: Bryce Atkins, Acting City Clerk Docusign Envelope ID: E1371079-DE06-4446-B620-DCC1F865063F CERTIFICATE OF THE CLERK I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2025-04 is an original ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said Council held on Monday, June 2, 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 June 10, 2025. ____________________________________ Bryce Atkins Acting City Clerk of the City of Gilroy Docusign Envelope ID: E1371079-DE06-4446-B620-DCC1F865063F