HomeMy WebLinkAboutOrd 1356 Election of City Council Members - Districts-Ranked Choice VotingSTAFF REPORT
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
MEETING DATE: April 30, 2020
PREPARED BY: Lauri Aylaian, City Manager
REQUEST: Introduce for first reading an ordinance relating to election of City
Council members by districts and ranked choice voting.
Recommendation
(1) Introduce, read by title only, and waive further reading of Ordinance No. 1356
relating to election of City Council members by districts and ranked choice
voting.
Updated Background
At its meeting of April 16, 2020, the City Council adopted map NDC7 as the official city map
for districting. The Council deferred the first reading of the districting ordinance.
On the agenda for this meeting is the renewed first reading of the districting ordinance. The
ordinance memorializes NDC7 as the city's district map. It also establishes the process for
ranked choice voting. A proposed subdivision "E" would delay implementation of ranked
choice voting until November, 2022, given the current worldwide pandemic and its impact
on both local finances and the capacity of the community to embrace additional change.
The ordinance also clarifies that the designation of the central district will be "Civic Center
Core," adds an additional 'Whereas" regarding the April 16th City Council meeting, and
deletes a reference to the "core" district in 2.38.040(F).
Proposed Ordinance
Election of City Council
The members of the City Council are currently elected through an at -large election system,
which means that the electors from the entire city vote for the Councilmembers. Under
Government Code Section 34886, the City Council may adopt an ordinance that requires
the City Council to be elected by district. The proposed Ordinance, if adopted, will
accomplish this final step.
April 30, 2020 — Staff Report
By -District Voting — Ordinance No. 1356
Page 2 of 3
The proposed Ordinance does the following:
• States that the city is divided into two council districts;
• References the "City of Palm Desert District Map" chosen by the City Council which
provides geographic descriptions of both districts;
• States that one of the districts, including approximately twenty percent (20%) of the
city's residents, would encompass the Civic Center core and elect one (1)
Councilmember. The second district would include the remainder of the City (about
eighty percent (80%) of the residents) and elect four (4) Councilmembers.
• Requires that Councilmembers live and be registered to vote in the district in which
they seek to hold office.
• Clarifies that only residents of a district can vote for Councilmember(s) in that district.
• States that districts may be adjusted after each federal census. In this instance,
districts may be redrawn in 2021 after the 2020 federal census.
• States that if the City annexes land, the district boundaries will be amended if
necessary.
• Provides for the transition from at large elections to districts and confirms that no term
of office to which a Councilmember has been elected shall be cut short.
Ranked Choice Voting
Ranked Choice Voting is a method that allows voters to rank candidates for elected office
in order of preference. The ballot allows voters to assign a different ranking to every
candidate, as well as to write-in candidates. Voters may rank as few or as many candidates
as they prefer.
The proposed ordinance includes information on how voting proceeds in various rounds in
both single -seat and multi -seat elections. Tabulations and rounds continue until all available
seats are filled.
The elections official (the City Clerk) will post a report summarizing the results of each
election.
In addition, the City will conduct a voter education and outreach campaign for the first two
elections that use ranked choice voting.
Fiscal Impact
The implementation of Ranked Choice Voting will cost $350,000 for the first election cycle,
plus an unknown additional expense in public education. Thereafter, the software license
will cost approximately $70,000 annually.
April 30, 2020 — Staff Report
By -District Voting — Ordinance No. 1356
Page 3 of 3
DISTRICT ELECTIONS PROCESS TIMELINE
City of Palm Desert
73-510 Fred Waring Drive, Palm Desert, CA 92260 ph. 760.346.0611
Note: All future dates are tentative
1st Community Meeting: Presentation to community regarding
January 15, 2020
process and purpose of transition from at -large to by -district
election system
2nd Community Meeting: Presentation to community regarding
February 12, 2020
the map drawing process and purpose of transition from at -large to
by -district election system
1st Public Hearing without maps: gather public input on the
February 13, 2020
composition of zones
2nd Public Hearing without maps: gather public input on the
February 27, 2020
composition of zones
Ongoing
City Council and community outreach to educate and encourage
public participation in mapping options
March 12 and 26,
3rd and 4th Public hearings: City Council hearings to consider
2020
and select new district maps
April 16, 2020
May through
November 2020
November 3, 2020
2021
LEGAL REVIEW
Robert W .
Robert W.
Hargreaves
City Attorney
5th Public Hearing: Adoption of district maps by City Council
Voter outreach and education on new election format
First by -district election in two districts on November 3, 2020
Districts redrawn, if necessary, to reflect 2020 census data
DEPT. REVIEW
Lauri Aylaian
City Manager
City Manager Lauri Aylaian: 2au/. `�`�
ATTACHMENT: Ordinance No. 1356
FINANCIAL
REVIEW
Janet M. Moore
Director of Finance
ASSISTANT
CITY MANAGER
Andy Firestine
Assistant City
Manager
ORDINANCE NO. 1356
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ADDING
SECTION 2.38.040 TO CHAPTER 2.38, TO THE
PALM DESERT MUNICIPAL CODE RELATING TO
ELECTION OF CITY COUNCIL MEMBERS BY DISTRICTS
AND RANKED CHOICE VOTING.
WHEREAS, the City Council of the City of Palm Desert, California ("City Council")
has determined that it is in the best interest of the City to shift from its current at large
election system to a by district election for members of the City Council using ranked
choice voting, and,
WHEREAS, the City held its first and second community meeting on January 15,
2020, and February 12, 2020, respectively, regarding the process and purpose of
transition from at -large to by -district election system; and,
WHEREAS, the City held its first and second public hearings without maps to
gather public input on the composition of zones on February 13, 2020, and February 27,
2020, respectively; and,
WHEREAS, the City held its third and fourth public hearings to discuss the process
of defining district boundaries and preparing maps on March 12, 2020, and March 26,
2020, respectively; and,
WHEREAS, on April 16, 2020, the City Council conducted its fifth public hearing
and adopted the NDC7 map as the districting map for the City; and,
WHEREAS, the City continues to engage in public outreach by posting updates
and information on www.representpd.org, Facebook and NextDoor, and through
traditional media, mass mailings, and distribution of informational bulletins to faith -based
organizations and schools.
NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of
Palm Desert, California, as follows:
SECTION 1. Recitals. The City Council of the City of Palm Desert, California,
hereby finds that the foregoing recitals are true and correct and are incorporated herein
as substantive findings of this Ordinance.
SECTION 2. Amendment to Municipal Code. Palm Desert Municipal Code
Section 2.38.040 Election of City Council of Chapter 2.38 General Municipal Elections is
hereby added as follows:
"Section 2.38.040. Election of City Council.
A. Definitions. The following definitions apply to this Section:
71'500 00926 32522578 1
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ORDINANCE NO. 1356
"By district" as used in this Section shall mean election of members of the City
Council by voters of the district alone.
"Geographical area making up the district" shall mean the district.
B. Number of Districts. Pursuant to Government Code section 34871(a), the City of
Palm Desert is divided into two (2) council districts.
C. Boundaries and Numberinq of Each District. Descriptions of the boundaries of
each district and their numbering are as shown on the attached Exhibit A along
with a map entitled "City of Palm Desert District Map," a copy of which shall be
on file in the City Clerk's office.
D. Election of Citv Council. Members of the City Council shall be elected "by districts"
from two districts as provided herein. One of the districts, including approximately
twenty percent (20%) of the city's residents, would encompass the Civic Center
Core and elect one (1) Council member. The second district would include the
remainder of the City (about eighty percent (80%) of the residents) and elect four
(4) Council members. Except as provided in Subsection F, entitled Transition to
District Elections, a Council member of either district must live in that district and
must be a registered voter in that district to be eligible to hold office for that district.
Only voters who live in a district shall be eligible to vote in the election for Council
member(s) of that district.
E. Amendment of District Boundaries. Pursuant to Elections Code section 21601, as
it may be amended, the City Council shall adjust the boundaries of any or both of
the districts following each decennial federal census. Using the census as a basis,
the City Council shall adjust the boundaries in compliance with all applicable
provisions of law.
At the time of any annexation of territory to the City, the City Council shall
designate, by resolution adopted by a vote of at least a majority of the City Council,
the contiguous district to which the annexed territory shall be a part and shall
amend the district boundaries if necessary in accordance with Elections Code
section 21603, as it may be amended.
Pursuant to Elections Code section 21606, the term of office of any council
member who has been elected and whose term of office has not expired shall not
be affected by any change in the boundaries of the district from which he or she
was elected, whether or not that council member is a resident within the
boundaries of the district as adjusted. At the first election for council following
adjustment of the boundaries of the districts, a person meeting the requirements
of Government Code section 34882 shall be elected to the City Council for each
district under the readjusted district plan that has the same district number as a
district whose incumbent's term on the council is due to expire.
F. Transition to District Elections. In 2020, one council member shall be elected by
District 1 and two council members shall be elected from District 2. In 2022, two
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ORDINANCE NO. 1356
council members shall be elected from District 2. Terms of office shall be four
years. Each incumbent Council member elected at large shall be allowed to
complete the term for which they are elected regardless of the district of residency
so long as they otherwise remain eligible to hold the office and have not been
removed for cause or elected to another office.
SECTION 3. Amendment to Municipal Code. Palm Desert Municipal Code
Section 2.38.050 Ranked Choice Voting of Chapter 2.38 General Municipal Elections is
hereby added as follows:
"2.38.050 Ranked Choice Voting
A. General Provisions
1. Ranked choice voting is a method that allows voters to rank candidates for
elected office in order of preference. Elections conducted by ranked choice voting are
tabulated in rounds, as specified in this Section.
2. For purposes of this Section, the following terms have the following
meanings:
(a) "Batch elimination" means the simultaneous defeat of two or more
continuing candidates because it is mathematically impossible for those
candidates to receive enough votes to become designated as elected before being
designated as defeated.
(b) "Continuing candidate" means a candidate who has not yet been
designated as elected or defeated.
(c) "Election threshold" means the number of votes sufficient for a candidate
to be elected in a multi -seat contest. The election threshold equals the total votes
counted in the first round of tabulation, divided by the sum of one plus the number
of offices to be filled, then adding one, disregarding any fractions. Winning
threshold = ((Total votes cast)/(Seats to be elected+1)) +1, with any fraction
disregarded. The Secretary of State may approve alternate formulas to calculate
the election threshold as long as any alternate formula produces a threshold that
is no greater than the total votes counted in the first round of tabulation divided by
the number of offices to be filled ((Total votes cast)/(Seats to be elected)), nor no
smaller than the total votes counted in the first round of tabulation divided by one
more than the number of offices to be filled, then adding one, disregarding any
fractions ((Total votes cast)/(Seats to be elected+1) +1).
(d) "Elimination batch" means a group of two or more candidates who can
be simultaneously defeated through batch elimination because it is mathematically
impossible for those candidates to be elected.
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ORDINANCE NO. 1356
(e) "Highest -ranked continuing candidate" means the ranking on a voter's
ballot with the lowest numerical value for a continuing candidate, i.e., 2nd is lower
than 3rd, and equals a higher rank.
(f) "Inactive ballot" means a ballot that does not contain a continuing
candidate, or that has reached an overvote, making the ballot unable to be
transferred to another continuing candidate.
(g) "Multiseat election" means an election in which two or more candidates
can be designated as elected in a single contest to fill multiple seats in the same
publicly elected office. This may also be referred to as a multi -winner election.
Multiseat elections using ranked choice voting may be referred to as single
transferable vote.
(h) "Overvote" means an instance in which a voter has ranked more than
one candidate at the same ranking.
(i) "Ranking" means the number assigned to a candidate that establishes
the order in which a ballot is transferred to that candidate. The ranking with the
lowest numerical value indicates the voter's highest -ranked continuing candidate,
with the rankings increasing in numerical value for the voter's lower -ranked
continuing candidates.
0) "Seat" means an elected position occupied by one person, one or more
of which form a publicly elected office.
(k) "Skipped ranking" means a voter has left a ranking order unassigned but
ranks a candidate at a subsequent ranking order.
(1) "Surplus" or "surplus fraction" means a number equal to the quotient of
the difference between an elected candidate's vote total and the election threshold,
divided by the candidate's vote total (or (V-T)N, in which W" is the elected
candidate's vote total and "T" is the election threshold), rounded down to four
decimal places, ignoring any remainder.
(m) "Transfer value" means the proportion of a vote that a ballot will
contribute to its highest -ranked continuing candidate. Each ballot begins with a
transfer value of 1. If a ballot contributes to the election of a candidate under
paragraph 2.38.050(B)(4)(b)(2). it receives a new transfer value.
3. (a) A ballot that does not contain a continuing candidate shall count as an
inactive ballot.
(b) If a ballot contains a skipped ranking, the ballot shall be transferred to
the highest -ranked continuing candidate.
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ORDINANCE NO. 1356
(c) If a ballot contains an overvote, it shall count as an inactive ballot when
the overvote is reached.
4. If two or more candidates are tied with the fewest number of votes and
cannot be defeated through batch elimination, the candidate to be defeated shall be
determined by lot.
5. If a special election to fill one or more vacancies with ranked choice voting
is consolidated with an election to elect one or more other members of the elected body
to full terms using ranked choice voting to create a single, multiseat election, the full terms
shall be awarded to the candidates declared elected first, and the vacancies awarded to
the candidates declared elected last. If two or more candidates are declared elected in
the same round, the candidates with larger surpluses shall be considered elected before
the candidates with smaller surpluses, in the order of the size of the surplus. If two or
more candidates that are declared elected in the same round have equal surpluses, the
order of their election shall be determined by lot.
B. Vote Counting
1. This Subsection establishes the procedures for electing candidates in
multiseat elections using ranked choice voting.
2. A ballot shall allow voters to assign a different ranking to every candidate,
as well as to write-in candidates. If the city's voting equipment cannot feasibly
accommodate that number of rankings on the ballot, the elections official (the "elections
official" is the City Clerk of the City of Palm Desert) may limit the number of choices a
voter may rank to the maximum number allowed by the equipment.
3. In an election conducted by ranked choice voting, the elections official shall
provide ballot instructions that make clear the proper voting procedures for voting in a
ranked choice voting election.
4. In a multiseat election conducted by ranked choice voting, tabulation
proceeds in rounds as follows:
(a) If, in the initial tabulation, the number of continuing candidates is less
than or equal to the number of seats to be filled, then all continuing candidates are
elected and tabulation is complete. Otherwise, tabulation proceeds to an additional
round as described in paragraph (2) of subdivision (b).
(b) An additional round of tabulation shall proceed as follows:
(1) Each ballot shall count, at its current transfer value, for the
highest -ranked continuing candidate on that ballot. If the number of elected
candidates or the sum of the number of elected candidates and the number
of continuing candidates is equal to the number of seats to be filled, then all
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ORDINANCE NO. 1356
continuing candidates are designated as elected, and tabulation is
complete. Otherwise, the tabulation proceeds pursuant to paragraph (2).
(2) If any continuing candidate has a number of votes greater than or
equal to the election threshold for the contest, that candidate shall be
designated as elected. Each ballot counting for an elected candidate is
assigned a new transfer value by multiplying the ballot's current transfer
value by the surplus fraction for the elected candidate, rounded down to four
decimal places and ignoring any remainder. If each of two or more
candidates has a number of votes greater than or equal to the election
threshold for the contest at the same time, the surpluses may be distributed
simultaneously or in rounds in which the largest surplus is distributed first.
Each candidate elected under this paragraph is deemed to have a number
of votes equal to the election threshold for the contest in all future rounds
and a new round begins pursuant to paragraph (1).
(3) If no candidate is elected pursuant to paragraph (2), then, if batch
elimination is used and any candidates qualify for an elimination batch, any
candidates in the elimination batch are defeated through batch elimination.
Otherwise the candidate with the fewest votes is defeated and votes for the
defeated candidates shall be transferred to each ballot's next -ranked
continuing candidate and a new round begins pursuant to paragraph (1).
5. (a) Jurisdictions using ranked choice voting may eliminate multiple
candidates through batch elimination. If batch elimination is used, candidates shall be
eliminated in batches as described in paragraph (3) of subdivision (b) of Section 103.
(b) A continuing candidate is in the elimination batch if the number of elected and
continuing candidates with more votes than that candidate is greater than or equal to the
number of seats to be filled, and it is mathematically impossible for that candidate to be
elected for any of the following reasons:
(1) The candidate has fewer votes than any other continuing candidate.
(2) The candidate's current vote total plus the sum of current votes for
continuing candidates with fewer votes would not be enough to equal or surpass
the continuing candidate with the next highest current vote total.
(3) The candidate has a lower current vote total than a continuing candidate
described in paragraph (2).
(c) If a candidate is defeated through batch elimination, votes for that candidate
shall be transferred to each ballot's next -ranked continuing candidate.
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ORDINANCE NO. 1356
C. Reporting.
1. For purposes of this Section, the following terms have the following
meanings:
(a) "Ballot report" means a report that lists all of the following for each ballot
counted in the tabulation:
(1) The candidate or candidates indicated at each ranking.
(2) The precinct in which the ballot was cast.
(3) Whether the ballot was cast by mail.
(b) "Summary report" means a report that lists all of the following:
(1) The number of ballots counted.
(2) The votes received by each candidate in each round of the tabulation.
(3) The cumulative number of inactive ballots.
(4) Any additional information the jurisdiction chooses to include, such as
the cumulative number of inactive ballots that were counted as inactive for any of
the following reasons:
(A) The ballot reached an overvote.
(B) All candidates on the ballot were designated as elected or defeated.
(c) "Comprehensive report" means a report that, for each precinct, lists all of the
information required in a summary report.
2. (a) An elections official shall publish a summary report for the final tabulation
of the official canvass in conjunction with the certified statement of the results. The
elections official shall also publish at least one of the following reports for the final
tabulation of the official canvass:
(1) A comprehensive report.
(2) A ballot report.
(b) A report generated pursuant to this section shall reflect the vote count at the
point when the votes have been counted toward each continuing candidate but before the
transfer of elected candidates' surplus or candidates have been subsequently designated
as defeated. The report shall also reflect each ballot counted as an inactive ballot as
having the number of votes equal to the ballot's transfer value.
7
ORDINANCE NO. 1356
(c) A ballot report generated pursuant to this section shall not permit the order in
which the votes were cast in each precinct to be reconstructed. An overvote ranking shall
be reported without reporting to which candidates the ranking was assigned.
(d) If the elections official determines that tabulation of all rounds is not feasible on
election night, the elections official may provide the contest tabulation report totals for
only the first round of tabulation or only a tally of highest -ranked continuing candidates in
the initial tabulation.
(e) For a contest that is tabulated with a voting system, the elections official shall
do all of the following:
(1) Tabulate the results as soon as the elections official determines it is feasible
after the close of the polls, and publish the corresponding summary report.
(2) Tabulate the results for the last preliminary results on election night and publish
a corresponding summary report.
(3) Publish the corresponding ballot report whenever the results of a tabulation is
published, except if tabulation is limited pursuant to subdivision (b).
(f) This section does not prohibit an elections official from including additional
information in any report.
3. An elections official shall promptly post a report made available to the public
on the official's internet website. A ballot report made available pursuant to this Section
shall be provided in a plain text electronic format and need not be published by other
means. If an elections official does not have an internet website, the elections official shall
promptly make the report available to the public by other means and shall notify the public
of the report's location through a notice prominently displayed in an appropriate location
in their office.
D. Definitions.
1. For purposes of this chapter, the following terms have the following
meanings:
(a) "Additional supported language" means a language for which the City is
required to provide voting materials and assistance under the federal Voting Rights
Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or for which the Secretary of State has
determined that it is necessary to provide facsimile ballots at a precinct within the
jurisdiction pursuant to subdivision (c) of California Elections Code § 14201.
(b) "Additional supported language community" means a community that
speaks an additional supported language.
ORDINANCE NO. 1356
2. (a) the City shall conduct a voter education and outreach campaign before
each election conducted pursuant to this Section, until the conclusion of the second
general election conducted in this manner. A campaign conducted pursuant to this
Section shall include public meetings and public service announcements through different
media, including media serving additional supported language communities, if available,
to familiarize voters with that election method. Materials and information disseminated as
part of the campaign shall be provided in all additional supported languages and shall be
accessible to individuals with disabilities.
(b) the City shall, in collaboration with the county elections official, develop
a plan describing how it will conduct the voter education and outreach campaign
required by this section. The plan shall include all of the following information:
(1) How the City will use media, which may include digital media,
newspapers, radio, and television, to inform voters about an upcoming election.
(2) What information will be publicly available on the elections official's
internet website.
(3) What information will be included in the sample ballot and vote by mail
materials.
(4) How the City will conduct direct outreach to voters, including voters with
disabilities.
(5) How the City will have a community presence to educate voters,
including voters with disabilities.
(6) How the City will educate voters within each additional supported
language community.
(c) Before finalizing its plan, the City shall publish a draft plan and hold, at
least 10 days after publication of its plan, at least one regular public meeting to
discuss the plan. The shall also make a good faith effort to invite each of the
following to at least one of those public meetings:
(1) Representatives, advocates, and other stakeholders representing each
additional supported language community.
(2) Representatives from the disability community and community
organizations and individuals that advocate on behalf of, or provide services to,
individuals with disabilities.
(d) All materials provided by the voter education and outreach campaign,
including materials provided on the internet website of the elections official, sample
ballots and vote by mail materials, and materials provided through direct outreach
0
ORDINANCE NO. 1356
and community presence, shall be provided in the additional supported languages
and shall be accessible to individuals with disabilities.
(e) If multiple jurisdictions within the same county are conducting ranked
choice voting elections, the jurisdictions may combine or coordinate their voter
education plans and voter education and outreach campaigns.
(f) The City may partner or coordinate resources with nongovernmental
organizations to conduct its voter education and outreach campaign."
E. Operative Date.
This section shall be operative for elections commencing November 2022 in light
of the 2020 public health crisis.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph.
sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held
to be unconstitutional, such decision shall not affect the validity of the remaining portion
of this Ordinance or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any
portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the
balance of this Ordinance shall not be affected.
SECTION 5. Certification and Publication. The City Clerk of the City of Palm
Desert shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner
permitted under California Government Code Section 36933.
SECTION 6. CEQA. The City Council finds that adoption of this Ordinance is not
a "project," as defined in the California Environmental Quality Act because it does not
have a potential for resulting in either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment and concerns
general policy and procedure making.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
10
ORDINANCE NO. 1356
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Palm Desert on the day of 2020, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
GINA NESTANDE, MAYOR
APPROVED AS TO FORM:
ROBERT W. HARGREAVES
CITY ATTORNEY
11
ORDINANCE NO. 1356
State of California )
County of Riverside) s.s.
City of Palm Desert )
I: Rachelle D. Klassen, City Clerk, hereby certify that the foregoing is a true copy of
Ordinance No. , introduced at a regular meeting held on the day of
2020, and duly adopted by the City Council of the City of Palm Desert,
California at a regular meeting thereof held the day of , 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
`F
Rachelle D. Klassen, City Clerk
ORDINANCE NO. 1356
EXHIBIT A
PALM DESERT DISTRICT MAP
[The Palm Desert District Map selected by the City Council at its meeting of April 16,
2020, known as "NDC7".]
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