2020/02/25 City Council Ordinance 944 ORDINANCE NO. 944
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING TITLE 2 "ADMINISTRATION AND PERSONNEL" OF THE ROHNERT
PARK MUNICIPAL CODE TO ADD A CHAPTER 2.66, "DISTRICT ELECTIONS" TO
PROVIDE FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY FIVE
DISTRICTS; ESTABLISH THE DISTRICT BOUNDARIES; AND ELECTION ORDER
OF EACH DISTRICT
WHEREAS, on October 11, 2019, the City of Rohnert Park received a letter from a
potential Plaintiff's attorney alleging that the City's at large election system violated the California
Voting Rights Act; and
WHEREAS, to date, no city has successfully litigated a CVRA challenge and such
litigation can be costly and burdensome to cities; and
WHEREAS, California Government Code section 34886, effective January 1, 2016,
permits the City Council of any city to change the City's 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; 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 requires a total of five public hearings, which includes at least two public hearings
regarding potential voting district boundaries prior to the release and consideration of any draft
voting district maps, and two public hearings following the release of draft voting district map(s);
and
WHEREAS, at a regular meeting held on November 12, 2019, the City Council adopted
Resolution No. No. 2019-140, to begin the process of transitioning to a district based election
system and adopting the schedule for public hearings to conform to the requirements of California
Elections Code section 10010; and
WHEREAS, thereafter, at regular meetings held on November 12, 2019 and November
26, 2019, 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 number and composition of
the City's voting districts and election sequencing, before any draft maps were drawn,and the City
Council considered public input and discussed the same at those meetings; and
WHEREAS, thereafter, at regular meetings on December 10, 2019, January 14, 2020,
January 28, 2020 and February 11, 2020 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 at least seven (7) days before each
meeting, and the proposed sequence of elections, and the City Council received considered and
discussed the same; and
WHEREAS, at the regular meeting on February 11, 2020, the City Council held a public
hearing on the proposal to establish district boundaries, reviewed additional public input, formally
selected the voting districts known as Map 112 and the election sequence attached hereto and
incorporated herein as Attachment"A"to this Ordinance, which was introduced for a first reading
at that time with a second reading and adoption scheduled to take place on February 25, 2020; and
WHEREAS, throughout the foregoing process, the City engaged in a significant amount
of public outreach and engagement above and beyond the public procedures required by California
Elections Code Section 10010 and complied with the provisions and timelines set forth in Elections
Code Section 10010; and
WHEREAS,the City considered the criteria set forth in Elections Code Section 21601 and
is adopting district boundaries in accordance with the provisions stated therein, as well as the
federal Voting Rights Act and the California Voting Rights Act; and
WHEREAS, the purpose of this Ordinance is 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 Rohnert Park by-district in five single-member districts as reflected in Attachment A
to this Ordinance and to implement the guarantees of the California Constitution.
NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council hereby finds that the foregoing recitals are a
true and accurate and are incorporated herein by reference.
Section 2. California Environmental Quality Act(CEQA) Determination.
Adoption of this Ordinance is exempt from environmental review as the adoption of this Ordinance
does not qualify as a "project" pursuant to Public Resource Code section 21065 and CEQA
Guidelines Sections 15320, 15378 and 15061(b)(3) since it can be seen with certainty that there is
no possibility that adoption of the Ordinance would cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment.
Section 3. Code Amendment. Title 2 "Administration and Personnel" of the Rohnert
Park Municipal Code is hereby amended to add a Chapter 2.66 "District Elections,"within Title 2
to read as follows:
"Chapter 2.66. - District Elections.
2.66.010-Declaration of Purpose. The City Council of the City of Rohnert Park
hereby declares that the change of method of electing members of this Council,
hereby enacted, is being made in furtherance of the California Voting Rights Act
of 2001.
2.66.020-City Council Districts Established. Five City Council districts are hereby
established in the City of Rohnert Park. The district boundaries and identifying
number of each district shall be as described on the Council District Map, attached
hereto as Attachment"A" and incorporated hereby by this reference.
2.66.030-Election of Members of the City Council by District.
A. Following the effective date of this ordinance and upon the
commencement of"by district"elections pursuant to section 2.66.040, members of
the City Council shall be elected"by District,"as defined in California Government
Code Section 34871, or any successor statute.
B. Registered voters signing nomination papers or voting for a member of
the City Council shall be residents of the geographical area making up the district
from which the member is to be elected.
C.No term of any member of the City Council that commenced prior to the
effective date of this ordinance shall be affected by the adoption of this ordinance.
Ordinance No. 944
2
2.66.040-Commencement of District Elections. Commencing with the general municipal
election in November of 2020 and thereafter the voters in districts 1, 3 and 4 shall elect
members of the City Council by district for full four (4) year terms. At the general
municipal election in 2022 and thereafter, the voters in districts 2 and 5 and shall elect
members of the City Council by district for full four(4) year terms."
Section 4. Severability. If any section,subsection,sentence,clause,phrase,or portion
of this ordinance is for any reason held to be invalid or unenforceable by a court of competent
jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and
effect. The Council of the City of Rohnert Park hereby declares that it would have adopted each
section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases, or portions of this
Ordinance be declared invalid or unenforceable.
Section 5. Effective Date.
This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code
section 36937.
Section 6. Publication; Certification.
The City Clerk shall attest to the adoption of this Ordinance and cause the same to be published in
accordance with State law.
This ordinance was introduced by the City Council of the City of Rohnert Park on February 11,
2020 and DULY AND REGULARLY ADOPTED this 25th day of February,2020 by the following
vote: 11
AYES( ) Co,NA.I nr\t,n/11/11r5 A-a(trn5) S+/fork, (4.61y Oa OA non
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Josep T. WIlinan, ayor
ATTEST:
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RO I i () FORM:ilia i.. I ALA . A1
11chelle March a a on, 7 ity Attorney
Ordinance No. 944
3
ATTACHMENT A- DISTRICT MAP 112
Rohnert Park
2019 Districting u H F' Lill
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Proposed Election Sequencing: /----- -- k�:
2020: District 1, 3 and 4 �� Magnolia Ave -
2022: District 2 and 5c:, \ >
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Map layers \G 2 '
112
Railroad
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National Demographics Corporation,February 3,2020
i
i
02016 CALIPER
Rohnert Park- Map 112
District 1 2 3 4 5 Total
Total Pop 8,126 8,461 7,893 8,295 8,196 40,971
Deviation from ideal -68 267 -301 101 2 568
• Deviation -0.83% 3.26% -3.67% 1.23% 0.02% 6.93%
%Hisp 36% 17% 19% 15% 23% 22%
[oral Po _%NH White 54% 70% 69% 73% 65% 66%
P %NH Black 3% 2% 2% 2% 3% 2%
Asian-American 4% 9% 6% 7% 6% 6%
Total 5,102 6,652 6,276 6,542 6,421 30,993
%Hisp 27% 17% 13% 13% 18% 17%
Citizen Voting Age Pop %NH White 66% 74% 76% 79% 72% 74%
%NH Black 2% _ 2% 2% 1% 2% 2%
• Asian/Pac.Isl. 4% 7% 7% 5% 5% 6%
Total 3,348 4,682 4,713 4,812 4,233 21,788
• Latino est. 23% 15% 14% 13% 18% 16%
Voter Registration(Nov %Spanish-Surnamed 20% 14% 13% 12% 17% 15%
2018) %Asian-Surnamed 2% 3% 3% 2% 2% 2%
%Filipino-Surnamed 1% 1% 1% 1% 1% 1%
%NH White est. 73% 79% 76% 82% 65% 75%
%NH Black 2% 2% 2% 2% 2% 2%
Total 2,280 3,351 3,486 3,602 2,885 15,604
%Latino est. 20% 14% 12% 12% 15% 14%
Voter Turnout (Nov %Spanish-Surnamed 18% 12% 11% 11% 14% 13%
2018) %Asian-Surnamed 2% 3% 3% 2% 2% 20/0
%Filipino-Surnamed 1% 1% 1% 1% 1% 1%
• NH White est. 76% 81% 78% 84% 68% 78%
%NH Black 2% 2% 2% 2% 2% 2%
Total 2,673 3,757 3,955 4,109 3,378 17,872
%Latino est. 21% 14% 13% 12% 17% 15%
Voter Turnout (Nov %Spanish-Surnamed 19% 12% 12% 11% 15% 13%
2016) %Asian-Surnamed 2% 3% 2% 2% 2% 2%
%Filipino-Surnamed 1% 1% 1% 1% 1% 1%
• NH White est. 74% 78% 72% 84% 74% 77%
• NH Black est. 2% 3% 1% 1% 2% 2%
ACS Pop.Est. Total 8,722 8,454 7,547 8,660 8,687 42,071
age0-19 24% 20% 27% 22% 23% 23%
Age age20-60 63% 67% 54% 55% 57% 59%
age60plus 14% 14% 20% 23% 21% 18%
Immi ration immigrants 24% 9% 11% 10% 18% 14%
I naturalized 37% 71% 59% 66% 45% 50%
english 61% 86% 80% 84% 71% 76%
Language spoken at home Spanish 33% 9% 12% 9% 22% 17%
asian-lang 3% 3% 4% 4% 3% 3%
other lang 3% 2% 4% 3% 3% 3%
Language Fluency 18%Eng."Less 18% 4% 5% 5% 10% 8%
than Very Well"
Education amon those hs-grad 61% 63% 66% 63% 61% 62%
age(25+)g bachelor 16% 22% 20% 20% 20% 20%
graduatedegree 6% 11% 7% 9% 7% 8%
Child in Household child-underl8 30% 26% 26% 27% 26% 27%
Pct of Pop.Age 16+ employed 63% 66% 64% 63% 64% 64%
income 0-25k 23% 14% 16% 11% 20% 17%
income 25-50k 23% 17% 20% 19% 22% 20%
Household Income income 50-75k 26% 19% 20% 18% 20% 20%
income 75-200k 27% 46% 40% 47% 34% 39%
income 200k-plus 2% 4% 4% 6% 5% 4%
single family 52% 75% 69% 78% 64% 68%
Housin Stats multi-family 48% 25% 31% 22% 36% 32%
g rented 60% 43% 45% 39% 49% 47%
owned 40% 57% 55% 61% 51% 53%
Total population data from the 2010 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 NIDC.Citizen Voting Age Pop.,Age,Immigration,
and other demographics from the 2013-2017 American Community Survey and Special Tabulation 5-year data.
AFFIDAVIT OF POSTING
Pursuant to California Government Code §36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
) ss
County of Sonoma
I, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 944
Ordinance No. 944, an Ordinance of the City Council of the City of Rohnert Park, CA,
Amending Title 2 "Administration and Personnel"of the Rohnert Park Municipal Code
to add a Chapter 2.66, "District Elections" to provide for the Election of Members of
the City Council by Five Districts; Establish the District Boundaries & Election Order
of Each District was published on 02/28/2020, as required by law, and posted in five (5)
public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office. 130 Avram
Avenue. Rohnert Park. California 94928 on 02/28/2020.
Ordinance No. 944 was published in the Community Voice on 02/28/2020 as required by
law.
'14>)
JfAnne Buergler, City Clerk
Subscribed and sworn to before me this March 10, 2020
Sylvia Lopez Cuev s, Assistant City Clerk
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AYES:NOES:ABSENT:ABSTAII{:AI{ ORDINANCE OF THE"CÍTY COUNCIL OF THE CITY OF ROHI{ERT PARK AI{ENDING T]TLE 2 "AT'ÍIINISTRATIONAND PERSONNEL" OF TI{E ROHNERT PARK ¡IUilICIPAL CODE TO ADD A CHAPÍER 2.08, 'DISTRICT ELECTIONS'TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE CITY COUTICIL BY FTVE DISTRICTS; ESTABLISH lHEOISTRICT BOUNDARIES; AND ELECTION ORDER OF EACH DISTRICTWHEREAS, on October ll, 2019, the City of Rohnert Park received a letter from a potential Plainüffs attomêy alloging thatClt¡/s at large elec{ion system yiolated ths CalifomÍa Vot¡ng Rights Ac{; andWHEREAS, to date, no city has successfully litigated a GVRA challenge and such litigalion can be coEtly and burdonsometo sit¡es; andCouncilCityI$IEREAS, under the proyisions of Califomia Elec{ions Code sec.tion 10010, a city that changes from an at largê city councilme$od of elec{ion to a bydistric't city council method of election requires a total of f¡vê public hearings, which includesat laast two public hea¡ings regarding potential yoting distr¡c't boundaries pr¡or to the ¡elease and consideretion of any drafrvot¡ng disÍíct maps, and two public hearings following the release of draft voting d¡sfict map(s); andWHEREAS, at a rcgular meeting held on November 12, 2lll9, the City Counc¡l adopted Rêsolution No. No. 2019.1rO, to beglnthe process of transitioning to a disûlct based election system and adopting the schedule for public hearings to confom tothe requirements of California Elec{ions Code sec{ion l@10; andthetheYUHERÊAS, the¡eafrer, at regular meetings on December 10, 2019, January 1{, 2020, January 28, ã120 and February ll, 20211prrcuant to Califomia Eloc{¡ons Code Section 1üll0(a)(2), thê City Council held public headnç where the publh ras ¡nvitedto povide input regard¡ng the content of the drdt maps that had been releas€d at least seven (7) days b€fore eech meet¡ng,and the proposed sequence of elections, and the Cþ Gouncil rcceived considêred and discussed the same; andreading at that time wllfi a second reading and adoption schedulêd to take place on February 25, 2020; andVIflEREAS, throughout the foregoing p¡ocess, the City engaged in a significant amount of public oubeach and ongag8mentabove and beyond the public procedures required by Califomia Elec{ions Code Sect¡on 100'10 and complied wlth theprovislons and timelin€6 sd forth in Elections Code Sedion 10010; andWHEREAS, $e City considered the cdteria set forth in Elections Code Sadion 2f601 and ls adopt¡ng disfict boundades inaccordancê with the provisions stded there¡n, as well as the fedenl l/oting Rights Act and the Califom¡a lrbting RightsAc{; andto enact, pursuant to Callfomia Govemment Code sec{ion 3¿1886, an ordinancoWHEREAS, Califomia GovemmEnt Godesection 34886, effec{iveJanuary f ,2016, pemibthe Citythe Citfs method of élec'tion by ordinance to a "by-d¡stric{' system in which each member of theby the voters ¡n the dislrict ln which the candidats resides; andUYHEREAS, the purpose of th¡s Ord¡nance isproviding forJhe elec{ion of members of heCity Council offie Cþas reflec'ted in Atiachment A to this Ordinance and to implanent theI{OW THEREFORE, THE CITY COUNCIL OF THE CtrY OF ROHNERT PARK DOES HEREBY ORDAIN AS FOLLOWS:SecÍion I . Recihls. The City Counc¡l hereby finds thd the foregoing recitals are a üue and accurate and are ¡ncorporatedby reference,Seclion 3, CodeAmendment fiüe 2 'Administration and Personnelo ofthe Rohnert Park Municipal Code is hereby amendedadd a Chapter 2.66 'Disttic.t Elec{ions," within Title 2 to ¡ead as follows:of Rohnert Park bydisûid in flve singlememberguarante€s of the Califomia Constitr¡tion,"Chañr 2.66.. D¡sülc{ ElecÍ¡ons.266.010-D€c-laration of Puryose. The City Council of itre City of Rohnet Park hereby declares that the chanç of method ofol€cting memberc of this Gouncil, hereby enacled, is being made in furtherance of the Califomia l/oting Rigntb Act of 2ü}l .Sodion 5. Etrec'tiveDle.T-his ord¡naice s6ã¡¡ffi €trec't thirty (30) days after adoption as provided by Govemment code section 36937.Ssc'tion 6. Publ¡caüon: C€rtiflcat¡on.The City Cløk shall attest to the adoption of this Ordinance and cause the same to be published in accordance with StateThis ordinance wes ¡ntroducêd by the City Council ofthe City of Rohnert Park on February 11, 2020 and DULYANDREGUIARLYADiopÍED this 25$ day of February 2020 by the following roll call vote:Gouncilmember Adams, Councilmember Sffiord and tayor CallinanCouncilmember Belforte and Vice Mayor MackenzieNoneNoneJoseph T. Call¡nan,Mayor(3)(2)(0)(0)ATIEST:Sllyia Lopez Cuevas, Assistant Gity GlefkAPPROVEDAS TO FORIII:ftichelle IÍarchetta Kenyon, GþAttorneyttz IRohnert Park2019 DistrictingATTACHIIENTA. DISTRICT ÍIIAP I12
(3)(2t(0)(0t1{OES:ABSEIIT:ABSTAII{:REGULARTYübAYES:NoneI{oneLop€z Cu€ùas, AsÊishnt C¡ty ClerkASTOilarchettaCouncilmemberAdarns, Gouncllmember Sffiord and tavor CallinanGouncilmember Belforte and Vice tayor tadtemle -ofRotulêrtP¿rtonFoüruarymmandDULYAI{Dfoilowingnrlcaflvob:11,Joseph L Callinan,ttayorFORT:Kenyon, CityAttomeyATÍACHTEI{TA- DISTRICT TAP I12tt2L€tLÉtap layeref-l112* Râ¡lr@dSt¡€€tGProposed Election Sequencing:2020; Distict 1,3 and42022i Disúct2anð5Rohnert Park2019 DistrictingNdd hqryhid 6rydiq Ftuq3, æ0. aæ16 üL|PERDated: February26,2lfl0Published: Febnnry 2E, 2llãlthe Communityìbice