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Ordinance No. 1207
189 ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE XII, SECTIONS 2-135 THROUGH 2-138 TO CHAPTER 2 OF THE CYPRESS MUNICIPAL CODE ESTABLISHING A BY-DISTRICT ELECTION SYSTEM AND ADOPTION OF AN EXEMPTION FROM CEQA Summary: This ordinance establishes a by-district election system for City Council elections. WHEREAS, members of the City Council of the City of Cypress ("City") are currently elected in "at-large" elections, in which each Council Member is elected by the registered voters of the entire City; and WHEREAS, on January 8, 2024, City entered into a settlement agreement with Southwest Voter Registration Education Project, Kathryn Shapiro, and Malini Nagpal of the complaint alleging that the City's at-large electoral system violates the California Voting Rights Act("CVRA"); and WHEREAS, California Government Code Section 34886 permits the legislative body of a city to adopt an ordinance to change its method of election from an "at-large" system to a "by-district" system in which each council member 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 the method of electing council members from an at- large election system to a by-district method of election requires five public hearings, which includes at least two public hearings prior to the release and consideration of any draft voting district maps, and two public hearings following the release of draft voting district maps; and WHEREAS, on January 10, 2024, the City Council adopted Resolution No. 6953 declaring its intention to transition from an "at-large" election system to a "by-district" election system in conformance with the CVRA and establishing the timeframe for doing so; and WHEREAS, the City retained the services of a qualified demographer to provide a detailed analysis of the City's current demographics and to prepare draft maps that divide the City into voting districts in a manner consistent with the intent and purpose of the CVRA and all other applicable laws; and WHEREAS, as required by California Elections Code Section 10010, the City Council held public hearings at the regular and special City Council meetings on January 22 and 29, 2024, to consider input from the public on the composition of City Council districts; and WHEREAS. the City Council considered all oral and written information, testimony, and comments received during the public review process. All draft maps were published at least seven days before the public hearing at which they were discussed; and WHEREAS, at a public hearing on February 26, 2024, the City Council agreed to sequence elections such that elections for Districts 3 and 4 would occur at the November 2024 municipal election, and every four years thereafter, and elections for Districts 1 , 2, and 5 would occur at the November 2026 municipal election, and every four years thereafter; and WHEREAS, at a public hearing on March 11 , 2024, the City Council voted to proceed with a final map, identified as Map 146; and 190 WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code Section 34886 and in furtherance of the purposes of the CVRA, an ordinance providing for the election of members of the City Council of the City of Cypress by district in single-member districts as reflected in Exhibit "A" to this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Code Amendment. Chapter 2 of the Cypress Municipal Code is hereby amended by adding Article XII to the existing Chapter to read as follows: "Chapter 2 Administration Article XII City Council Elections. Section 2-135 - Declaration of purpose. Section 2-136 - City council districts established. Section 2-137 - Election of members of the city council by district. Section 2-138 - Commencement of election by district. Section 2-135 - Declaration of purpose. The City Council of the City of Cypress 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. Section 2-136 - City Council Districts Established. Five city council districts ("districts") are hereby established in the City Cypress. The boundaries of each district shall be as described on the map attached to Ordinance No. 1207 as Exhibit "A". A. The districts specified above shall continue in effect until they are amended or repealed in accordance with law. Should the law be changed in a manner which would allow the city council to utilize a structure other than voting districts, the city council may revisit its voting system to determine which voting system is best suited for the city. B. Districts shall be adjusted following each decennial federal census, as required by the Elections Code and other applicable law. Section 2-136 - 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 in the order established in Section 2-138 of this Code, 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. Except as provided in subsection D, below, each council member elected by district must reside in that district and be a registered voter in that district, and any candidate for city council must reside in, and be a registered voter in, the district in which they seek election at the time nomination papers are issued, pursuant to Government Code Section 34882 and Elections Code Section 10227. Termination of residency in a district by a council member shall create an immediate vacancy for that district unless a 191 substitute residence within the district is established within thirty days after that termination of residency. D. An at-large council member shall continue in office until the expiration of the full term to which they were elected or appointed and until their successor is qualified. If vacancies in council member offices elected at-large occur before expiration of the full term thereof, such vacancies shall be filled pursuant to California Government Code Section 36512. E. Upon expiration of the full term of each council member elected at- large, that council member's successor shall be elected on a by- district basis in the districts established in Section 2-136 and as provided in Section 2-138. Section 2-138 - Election of members of the city council by district. Commencing with the general municipal election in November of 2024 and thereafter, the voters in districts 3 and 4 shall elect members of the city council by district for full four(4)year terms. At the general municipal election in 2026 and thereafter, the voters in districts 1, 2 and 5 shall elect members of the city council by district for full four (4) year terms." Section 2. Technical Adjustments. If necessary to facilitate the implementation of this Ordinance, the City Clerk 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 Clerk shall consult with the City Manager and 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 3. CEQA. The City Council finds that the proposed amendments to the Cypress Municipal Code are exempt from the requirements of the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 5. This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City. PASSED, APPROVED, AND ADOPTED by the City Councif the City of Cypress at a regular meeting held on the 111h day of March, 2024. / /, >' :71-""-- figYOR OF THE CJ. OF CYPRESS ATTEST: )Alt'CAL. CITY CLERK OF TIDE CITY OF CYPRESS 192 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 11th day of March, 2024, by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Mallari, Peat and Minikus NOES: 2 COUNCIL MEMBERS: Burke and Marquez ABSENT: 0 COUNCIL MEMBERS: None 0),.. CITY CLE °1K OF THE C TY OF CYPRESS 193 '••• Cityof Cypress - Districting 2024 •- • • .• • •• • Draft 146 • , • • ..'i 7esAv® 1 •••••• g• •• • e • • • • •••• • I • • • I ••� • • • • • O. • • • • • • ill.'Lincoln Ave • i -----� M--- -----• flEr • L Centr is } • fl n M "—I e n I ...• • I • a�nge-Ave 4_1 V I I •Y 1 'press . l I . 3 40 , r . L. L___ ,,,,,tittc. _:„.„___ 011 _11_11-t A ; - "• l On. �� —ied;• � — • — ' 4 IN . 1 18.cerci ve I -- 1 ! z I II- .'a na 011 I Ou tion at Flora I f IP I Rii .10•000000000 i bj KO W1 pp •• \I - • • • Sequence of Flection: •• •• r, 2024 - Districts 3 & 4 t _ 'ii _, ' 2026 - Districts 1 2 & 5 - - •V © — Map prepared by National Demographics Corp. Feb 26, 2024 ©2021 CALIPER 194 Draft 146 District 1 2 3 4 5 Total Total Pop 10,301 9,780 9,509 10,403 10,242 50,235 Deviation from ideal 254 -267 ' -538 356 195 894 %Deviation 2.53% -2.66% -5.35% 3.54% 1.94% 8.90% • ,, %Hisp 22% 30% 16% 20% 18% 21% NH White 31% 1 21% 29% 39% 42% 33% Total Pop - - NH Black 5% 4% 3% 3% 2% 1 4% %Asian-American 38% 41% ) 49% 35% 35% 39% Total 5,919 5,704 6.772 7,360 7,254 33,010 %Hisp 18% 28% 13% 21% 14% 18% Citizen Voting Age Pop %NH White 44% 32% 33% 49% 54% 43% %NH Black 7% 3% 2% 2% 2% 3% %Asian/Pac.lsl. 28% 36% 51% 25% 29% 34% Total 5,918 4,996 . 6,071 6,748 7,130 30,863 %Latino est. 23% 30% 18% 16% 17% 20% Spanish-Surnamed 23% 30% 18% 16% 17% 20% Voter Registration -- ---.__ (Nov 2022) %Asian-Surnamed 18% 18% i 26 % 19% 18% 20% %Filipino-Surnamed 3% 4% 2% 2% 3% 3% NH White est. 47% 42% 52% 60% 61% 53% %NHBlack 8% 5% 3% 3% 1% 4% Total 3,024 2,313 3,451 4,021 4,337 17,146 %Latino est. 19% 25% 15% 14% 14% 17% %Spanish-Surnamed 17% 23% 13% 13% 13% 15% VoterTurnout °A Asian-Surnamed 17% 17% 23% 16% 16% 18% (Nov 2022) _ %Filipino-Surnamed 3% 4% 2% 2% 2% 2% NH White est. 53% 48% 57% 65% 66% 59% %NH Black 9% 5% 3% 3% ' 2%_~- 4% Total 4,975 3,806 5,319 5,729 6,342 26,171 Latino est. 20% 30% 16% 16% 17% 19% %Spanish-Surnamed 20% 30% l 16% 16% 17% 19% Voter Turnout %Asian-Surnamed 16% 17% ' 25% 15% 17% 18% (Nov 2020) %Filipino-Surnamed 3% 4% 2% 2% 3% 3% %NH White est. 58% 42% 52% • 65% 62% 57% %NH Black est. 5% 8% 6% 2% 2% 4% ACS Pop.Est. Total 9,509 C 9,675 10,164 i 10,954 9,682 49,985 age0-19 28% 28% 25% 28% 22% 26% Age age20-60 52% 53% 55% 50% 52% 52% age6oplus 20% 19% 20% 23% 27% 22% immigrants 35% 32% 41% 24% 21% 30% Immigration naturalized 58% 58% 71% 62% 76% 64% english 57% 44% 51% 63% 70% 57% spanish . 9h 19% 7% 13% 8% 11% Language spoken at home asian-lang 26% 29% 37% 19% 17% 26% other lang 8% 9% _ 4% 5% 5% 6% Language Fluency Speaks Eng."Less than Very Well" 15% 24% 16% 13% 11% 16% hs-grad 41% 46% 34% 45% 45% 42% Education ------ ___ (among those age 25+) bachelor 35% 30% 35% I 26%0 31% 31°A graduatedegree 17% 12% 25% 19% 18% 18% Child in Household child-under18 47% 34% 39% 41% 30% 38% Pct of Pop.Age 16+ employed 62% 64% 67% 62% 64% 64% income 0-25k 9% 19% 8% 7% 5% 9% income25-50k 13% 16% 11% 8% 9% 11% Household Income income 50-75k 10% 14% 8% 13% 10% 11% income 75-200k 52% 45% 49% 61% 55% 52% income 200k-plus 16% 7% 24% 12% 21%-_ 16% single family 72% 57% 80% 95% 97% 80% Housing Stats multi-family 28% 43% 1 20% 5% 3% 20% - rented 44% 54% 25% 17% 13%__.30% owned 56% 46% 75% 83% 87% 70% Total population data from the California adjustment to the 2020 Decennial Census. ,«•� Surname-based Voter Registration and Tumout 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. Maea 02/26/2024 20:32 Page 1 of 1