Ordinance Number 1035 ORDINANCE NO. 1035
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA,ADDING A NEW ARTICLE 3 TO CHAPTER 4
OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO
CHANGE THE CITY'S ELECTORAL SYSTEM FROM AT-LARGE TO
BY-DISTRICT ELECTIONS WITH RESPECT TO ELECTING CITY
COUNCIL MEMBERS, ESTABLISHING DISTRICT BOUNDARIES, AND
SCHEDULING ELECTIONS WITHIN THE DISTRICTS
WHEREAS, the City of San Juan Capistrano supports the full participation of all
residents in electing Members of the City Council; and,
WHEREAS, the City of San Juan Capistrano currently elects five (5) City Council
Members using an at-large election system; and,
WHEREAS, in the at-large election system, candidates may reside in any part of the
City and each City Council Member is elected by the voters of the entire City; and,
WHEREAS, in a by-district election system, a candidate for City Council must reside
in the district that 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, 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 be
submitted to the voters of the City along with the proposed boundaries of the districts; and,
WHEREAS, California Government Code section 34886, effective January 1, 2016,
permits the City Council of a city with a population of fewer than 100,000 people, to change
the city's method of election by ordinance, with certain formalities, to a "by-district" system
in which each City Council member is elected only by the voters in the district in which the
candidate resides; and,
WHEREAS, the City of San Juan Capistrano's population under the 2010 Census
was approximately 34,593; and,
WHEREAS, the City received a letter dated December 16, 2015, from Shenkman&
Hughes asserting its at-large electoral system violates the California Voting Rights Act, and
threatening litigation if the City declined to adopt by-district elections in time for the 2016
City Council elections; and,
WHEREAS, notwithstanding that the City Council had agendized the matter in
closed session and representatives from Shenkman & Hughes were aware that the matter
was under review by the City Attorney, on January 27, 2016, a civil action was filed against
the City by Shenkman & Hughes on behalf of the Southwest Voter Registration Education
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Project and two individual residents alleging that the City's at-large election system violates
the California Voting Rights Act; and,
WHEREAS, neither the December 16, 2015, letter nor the complaint in the civil
action 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, in order to avoid the litigation costs associated with defending the civil
action, the City entered into a Stipulated Judgment pursuant to which it agreed to adopt by-
district elections in time for the 2016 City Council elections; and,
WHEREAS, 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 Juan
Capistrano made by this ordinance is to implement 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, 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 on a proposal to establish the
district boundaries of the political subdivision prior to a public hearing at which the
governing body of the political subdivision votes to approve or defeat the proposal, and,
WHEREAS, the City Council held public hearings on the proposal to establish
district boundaries on May 18, 2016, and June 6, 2016, at which it considered the proposal
to establish district boundaries, and also held a public hearing on June 6, 2016, the public
meeting at which the City Council voted on the proposal; and,
WHEREAS, in addition to the public hearings, the City also conducted three
community outreach meetings on May 4, 2016, May 7, 2016, and June 1, 2016, in order to
provide the San Juan Capistrano residents the opportunity to actively participate in the
establishment of district boundaries for the by-district elections; and,
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California
Government Code section 34886, an ordinance providing for election of the Members of
the City Council of the City of San Juan Capistrano by-district five single-member districts
as reflected in Exhibit A to this Ordinance; and,
WHEREAS, this ordinance is adopted pursuant to Government Code section
36937(a) as an ordinance relating to an election, and, therefore, takes effect immediately
upon passage and adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Article 3 is hereby added to Chapter 4 of Title 2 of the San Juan
Capistrano Municipal Code with the title"City Council Electoral System"to read as follows:
Sec. 2-4.301 By-District Electoral System
A. Pursuant to California Government Code section 34886, Members of the City
Council of the City of San Juan Capistrano shall be elected by-district in five (5) single-
member districts.
B. (1) Beginning with the municipal election in November 8, 2016, Members
of the City Council shall be elected in the electoral districts established by Sec.2-4.302 and
subsequently reapportioned as provided by State law. Elections shall take place "by-
district" 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. Each Member of the City Council shall serve a four-year term until his or her
successor is qualified.
(2) Except during the transition period as provided in subdivision (4) of this
section, the Council Member elected or appointed to represent a 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 he or she seeks election at the
time nomination papers are issued pursuant to California Government Code section 34882
and Elections Code section 10227.
(3) Termination of residency in a district by a Council Member shall create
a vacancy for that Council district unless a substitute residence with the district is
immediately declared and established within thirty (30) days after the termination of
residency. In the event that a vacancy is created as a result of termination of residency as
provided herein, such vacancy shall be filled pursuant to the provisions of
Sec. 2-1.301.
(4) Notwithstanding any other provision of this section, the Council
Members in office at the time this Article takes effect shall continue in office until the
expiration of the full four-year term to which he or she was elected and until his or her
successor is qualified. At the end of the full four-year term of each Council Member, that
Council Member or that Council Member's successor shall be elected on a by-district basis
in the districts established in Sec.2-4.302 and as provided in Sec.2-4.303. In 2016, the full
four-year term of two Council Members expire and said Council Members or their
successors shall be elected by-district. In 2018, the full four-year term of three Council
Members expire and said Council Members or their successors shall be elected by-district.
In the event a vacancy occurs in a City Council Office before the expiration of the full four-
year term of a City Council Office in 2018, a person who is appointed to fill such vacancy
may reside anywhere within the corporate boundaries of the City. In the event a vacancy
occurs in a City Council Office before the expiration of the full four-year term of a City
Council Office in 2018, a person who is elected to fill such vacancy may reside anywhere
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within the corporate boundaries of the City and shall be elected at-large by all the voters of
the City. A person appointed or elected to fill such a vacancy shall hold the Office for the
remainder of the term of that Office pursuant to Government Code section 36512 and
subject to Sec. 2-4.303.
Sec. 2-4.302 Establishment of City Council Electoral Districts
A. Members of the City Council shall be elected on a "by-district' basis from the
Council districts described as follows:
(1) Council District 1 shall comprise all that portion of the City beginning at the
point of intersection of the Laguna Niguel/San Juan Capistrano city line and San Juan
Canyon Creek, and proceeding northerly along the Laguna Niguel/San Juan Capistrano
city line to the Mission Viejo/San Juan Capistrano city line, and proceeding southerly along
the Mission Viejo/San Juan Capistrano city line to Marguerite Pkwy, and proceeding
southerly along Marguerite Pkwy to Rancho Viejo Rd, and proceeding southerly along
Rancho Viejo Rd to Village Rd, and proceeding northerly along Village Rd to Lakeview Rd,
and proceeding westerly along Lakeview Rd to Eastview Ct, and proceeding northerly
along Eastview Ct to Westmont Ct, and proceeding northerly along Westmont Ct to Riviera
Ct, and proceeding southerly along Riviera Ct to Creekwood Rd, and proceeding easterly
along Creekwood Rd to Village Rd, and proceeding northerly along Village Rd to
Edgewood Rd, and proceeding westerly along Edgewood Rd to Briarwood Ln, and
proceeding easterly along Briarwood Ln to unnamed Local road, and proceeding easterly
along unnamed Local road to Applewood Ct, and proceeding southerly along Applewood
Ct to Village Rd, and proceeding southerly along Village Rd to Trabuco Creek Rd, and
proceeding southerly along Trabuco Creek Rd to unnamed Local road, and proceeding
southerly along unnamed Local road to Rancho Viejo Rd, and proceeding easterly along
Rancho Viejo Rd to Trabuco Creek Rd, and proceeding southerly along Trabuco Creek Rd
to 1- 5, and proceeding southerly along 1- 5 to EI Horno St, and proceeding southerly along
EI Horno St to EI Camino Real, and proceeding northerly along EI Camino Real to La Zanja
St, and proceeding westerly along La Zanja St to unnamed Local road, and proceeding
southerly along unnamed Local road to Paseo Santa Clara, and proceeding westerly along
Paseo Santa Clara to Avenida de la Vista, and proceeding northerly along Avenida de la
Vista to Ave de la Vista, and proceeding northerly along Ave de la Vista to Avenida de la
Vista, and proceeding northerly along Avenida de la Vista to Ave de la Vista, and
proceeding northerly along Ave de la Vista to Avenida de la Vista, and proceeding northerly
along Avenida de la Vista to Ave de la Vista, and proceeding northerly along Ave de la
Vista to Oso Rd, and proceeding easterly along Oso Rd to Camino Capistrano, and
proceeding northerly along Camino Capistrano to unnamed Local road, and proceeding
westerly along unnamed Local road to nonvisible boundary, and proceeding westerly along
nonvisible boundary to AT and SF Railway, and proceeding northerly along AT and SF
Railway to San Juan Canyon, and proceeding northerly along San Juan Canyon to the
point of beginning.
(2) Council District 2 shall comprise all that portion of the City beginning at the
point of intersection of the Mission Viejo/San Juan Capistrano city line and Marguerite
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Pkwy, and proceeding easterly along the Mission Viejo/San Juan Capistrano city line to the
San Juan Capistrano city line, and proceeding easterly along the San Juan Capistrano city
line to shoreline, and proceeding southerly along shoreline to 1-5, and proceeding northerly
along 1- 5 to unnamed Ramp, and proceeding northerly along unnamed Ramp to 1- 5, and
proceeding northerly along 1- 5 to Trabuco Creek Rd, and proceeding northerly along
Trabuco Creek Rd to Rancho Viejo Rd, and proceeding westerly along Rancho Viejo Rd to
unnamed Local road, and proceeding northerly along unnamed Local road to Trabuco
Creek Rd, and proceeding northerly along Trabuco Creek Rd to Village Rd, and
proceeding northerly along Village Rd to Applewood Ct, and proceeding northerly along
Applewood Ct to unnamed Local road, and proceeding westerly along unnamed Local road
to Briarwood Ln, and proceeding westerly along Briarwood Ln to Edgewood Rd, and
proceeding southerly along Edgewood Rd to Village Rd, and proceeding southerly along
Village Rd to Creekwood Rd, and proceeding westerly along Creekwood Rd to Riviera Ct,
and proceeding northerly along Riviera Ct to Westmont Ct, and proceeding southerly along
Westmont Ct to Eastview Ct, and proceeding easterly along Eastview Ct to Lakeview Rd,
and proceeding westerly along Lakeview Rd to Village Rd, and proceeding southerly along
Village Rd to Rancho Viejo Rd, and proceeding northerly along Rancho Viejo Rd to
Marguerite Pkwy, and proceeding northerly along Marguerite Pkwy to the point of
beginning.
(3) Council District 3 shall comprise all that portion of the City beginning at the
point of intersection of San Juan Canyon and the Laguna Niguel/San Juan Capistrano city
line, and proceeding southerly along San Juan Canyon to Trabuco Creek, and proceeding
southerly along Trabuco Creek to Del Obispo St, and proceeding westerly along Del
Obispo St to Alipaz St, and proceeding northerly along Alipaz St to Calle Rio Vista, and
proceeding westerly along Calle Rio Vista to Via Belardes, and proceeding southerly along
Via Belardes to Paseo Carolina, and proceeding southerly along Paseo Carolina to
unnamed Local road, and proceeding westerly along unnamed Local road to nonvisible
boundary, and proceeding southerly along nonvisible boundary to unnamed Local road,
and proceeding northerly along unnamed Local road to Alipaz St, and proceeding southerly
along Alipaz St to nonvisible boundary, and proceeding easterly along nonvisible boundary
to Alipaz St, and proceeding southerly along Alipaz St to canal/aqueduct, and proceeding
easterly along canal/aqueduct to shoreline, and proceeding northerly along shoreline to I-
5, and proceeding southerly along 1- 5 to San Juan Creek Rd, and proceeding easterly
along San Juan Creek Rd to Valle Rd, and proceeding southerly along Valle Rd to La
Novia Ave, and proceeding easterly along La Novia Ave to unnamed Vehicular trail, and
proceeding southerly along unnamed Vehicular trail to ridge line, and proceeding westerly
along ridge line to unnamed Vehicular trail, and proceeding easterly along unnamed
Vehicular trail to Ave Calita, and proceeding easterly along Ave Calita to Via de Agua, and
proceeding southerly along Via de Agua to Calle Canto, and proceeding westerly along
Calle Canto to Via Cascada, and proceeding southerly along Via Cascada to Calle de
Bonanza, and proceeding westerly along Calle de Bonanza to unnamed Local road, and
proceeding southerly along unnamed Local road to Paseo Brillo, and proceeding easterly
along Paseo Brillo to Via de Agua, and proceeding southerly along Via de Agua to Camino
Las Ramblas, and proceeding westerly along Camino Las Ramblas to Pacific Coast Hwy,
and proceeding westerly along Pacific Coast Hwy to the Dana Point/San Juan Capistrano
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city line, and proceeding westerly along the Dana Point/San Juan Capistrano city line to the
Laguna Niguel/San Juan Capistrano city line, and proceeding northerly along the Laguna
Niguel/San Juan Capistrano city line to the point of beginning.
(4) Council District 4 shall comprise all that portion of the City beginning at the
point of intersection of AT and SF Railway and Trabuco Creek, and proceeding southerly
along AT and SF Railway to nonvisible boundary, and proceeding easterly along nonvisible
boundary to unnamed Local road, and proceeding easterly along unnamed Local road to
Camino Capistrano, and proceeding southerly along Camino Capistrano to Oso Rd, and
proceeding westerly along Oso Rd to Ave de la Vista, and proceeding southerly along Ave
de la Vista to Avenida de la Vista, and proceeding southerly along Avenida de la Vista to
Ave de la Vista, and proceeding southerly along Ave de la Vista to Avenida de la Vista, and
proceeding southerly along Avenida de la Vista to Ave de la Vista, and proceeding
southerly along Ave de la Vista to Avenida de la Vista, and proceeding southerly along
Avenida de la Vista to Paseo Santa Clara, and proceeding easterly along Paseo Santa
Clara to unnamed Local road, and proceeding northerly along unnamed Local road to La
Zanja St, and proceeding easterly along La Zanja St to EI Camino Real, and proceeding
southerly along EI Camino Real to EI Horno St, and proceeding northerly along EI Horno St
to 1- 5, and proceeding southerly along 1- 5 to unnamed Ramp, and proceeding southerly
along unnamed Ramp to 1- 5, and proceeding southerly along 1- 5 to shoreline, and
proceeding westerly along shoreline to canal/aqueduct, and proceeding westerly along
canal/aqueduct to Alipaz St, and proceeding northerly along Alipaz St to nonvisible
boundary, and proceeding easterly along nonvisible boundary to Alipaz St, and proceeding
northerly along Alipaz St to unnamed Local road, and proceeding westerly along unnamed
Local road to nonvisible boundary, and proceeding northerly along nonvisible boundary to
unnamed Local road, and proceeding northerly along unnamed Local road to Paseo
Carolina, and proceeding northerly along Paseo Carolina to Via Belardes, and proceeding
northerly along Via Belardes to Calle Rio Vista, and proceeding easterly along Calle Rio
Vista to Alipaz St, and proceeding southerly along Alipaz St to Del Obispo St, and
proceeding easterly along Del Obispo St to Trabuco Creek, and proceeding northerly along
Trabuco Creek to the point of beginning.
(5) Council District 5 shall comprise all that portion of the City beginning at the
point of intersection of the San Juan Capistrano city line and shoreline, and proceeding
southerly along the San Juan Capistrano city line to the San Clemente/San Juan
Capistrano city line, and proceeding southerly along the San Clemente/San Juan
Capistrano city line to the Dana Point/San Juan Capistrano city line, and proceeding
westerly along the Dana Point/San Juan Capistrano city line to Pacific Coast Hwy, and
proceeding northerly along Pacific Coast Hwy to Camino Las Ramblas, and proceeding
easterly along Camino Las Ramblas to Via de Agua, and proceeding northerly along Via de
Agua to Paseo Brillo, and proceeding westerly along Paseo Brillo to unnamed Local road,
and proceeding northerly along unnamed Local road to Calle de Bonanza, and proceeding
easterly along Calle de Bonanza to Via Cascada, and proceeding northerly along Via
Cascada to Calle Canto, and proceeding easterly along Calle Canto to Via de Agua, and
proceeding northerly along Via de Agua to Ave Calita, and proceeding westerly along Ave
Calita to unnamed Vehicular trail, and proceeding westerly along unnamed Vehicular trail
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to ridge line, and proceeding northerly along ridge line to unnamed Vehicular trail, and
proceeding northerly along unnamed Vehicular trail to La Novia Ave, and proceeding
westerly along La Novia Ave to Valle Rd, and proceeding northerly along Valle Rd to San
Juan Creek Rd, and proceeding westerly along San Juan Creek Rd to 1- 5, and proceeding
northerly along 1- 5 to shoreline, and proceeding easterly along shoreline to the point of
beginning.
B. The Council districts specified in subdivision (A) shall continue in effect until
they are amended or repealed in accordance with law.
Sec.2-4.303 Election Schedule
Council Members shall be elected in Council Districts 1 and 5 beginning at the
municipal election in November 8, 2016, and every four years thereafter. Council Members
shall be elected from Council Districts 2, 3, and 4 beginning at the municipal election in
November 6, 2018, and every four years thereafter.
Sec.2-4.304 Implementation
A map showing the districts described in the Ordinance codified in this Article is
attached hereto as Exhibit A and incorporated herein by this reference. To the extent there
is a conflict between the descriptions contained in the Ordinance codified in this Article and
the map incorporated herein, the map shall prevail.
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 2. Effective Date.
This Ordinance shall be effective immediately as an ordinance relating to an election
pursuant Government Code section 36937(a).
SECTION 3. 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 government the same subject, the terms of this Ordinance shall prevail with
respect to the subject matter thereof.
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SECTION 4- Interpretation-
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be
interpreted in a manner that effectively accomplishes its state purposes.
SECTION 5. Severability.
If any section, subsection, subdivision, sentence, clause phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court or competent jurisdiction, then such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of San Juan Capistrano
hereby declares it would have adopted this Ordinance and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
PASSED, APPROVED AND AD PTED this 21St day of June 2016.
AM PATTERSON, ES6., MAYOR
ATT_ T 1(,--) J:�_
MA IA MORRI , C#NbeLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, City Clerk of the City Council of the City of San Juan Capistrano,
California, do hereby certify that the foregoing Election Ordinance No. 1035 was duly
introduced and passed at a regular meeting of the City Council on the 21st day of
June 2016, by the following vote:
AYES: COUNCILMEMBERS: Perry, Ferguson and Mayor Patterson
NOES: COUNCILMEMBERS: Allevato and Reeve
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: N e
Mar Morris Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 27th day of June 2016, 1 caused to be posted a certified copy of Ordinance No.
1035, adopted by the City Council on June 21, 2016, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING A NEW ARTICLE 3 TO CHAPTER 4
OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO
CHANGE THE CITY'S ELECTORAL SYSTEM FROM AT-LARGE TO
BY-DISTRICT ELECTIONS WITH RESPECT TO ELECTING CITY
COUNCIL MEMBERS, ESTABLISHING DISTRICT BOUNDARIES, AND
SCHEDULING ELECTIONS WITHIN THE DISTRICTS
This document was posted in the Office of theit CI k
IA MORRIS, ITY CLERK
San Juan Capistrano, California
9 0 1035
II
Final District Map
Approved on
June 6, 2016F
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