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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />WHEREAS, the Parties seek to remedy violations of the CVRA caused by the City's <br />existing at -large method of electing Council Members, including the alleged existence of racially <br />polarized voting in at -large Council Member elections and the alleged dilution of the voting strength <br />of the City's Asian -American voters in at -large Council Member elections. <br />THE PARTIES AGREE AS FOLLOWS: <br />Jurisdiction. This Court has jurisdiction over Plaintiffs claims for declaratory and <br />injunctive relief under the CVRA. Cal, Elec. Code § 14032. The City is situated in the County of <br />Orange, where Plaintiff resides. Cal. Civ. Proc. Code § 395(a). This Court has jurisdiction over the <br />Parties and subject matter of this action. Furthermore, pursuant to section 664.6 of the California <br />Code of Civil Procedure, the Parties agree that this Court shall retain jurisdiction over this matter to <br />enforce the provisions of the Stipulated Judgment and to award further relief as may be appropriate. <br />Adoption of Ordinance to Transition to By -District Elections. Currently, § 400 <br />the City's Charter requires a hybrid at -large voting system where City Council Members must reside <br />within the ward the Council Member represents, but the Council Member is elected at -large by <br />voters in the City. The current at -large voting system allegedly does not comply with the provisions <br />of the CVRA prohibiting racially polarized voting and has resulted in the dilution of the voting <br />strength of the Asian American voters. In order to bring the City's election system into compliance <br />with the CVRA, § 400 of the City's Charter establishing the City's at -large voting system is declarec <br />invalid. In its stead, the City Council shall adopt an Ordinance establishing by -district elections of <br />City Council Members in accordance with Paragraph 8 of the Parties' Settlement Agreement and an) <br />other applicable provisions contained therein. <br />3. Date of By -District Elections. The City Council shall adopt such post-election <br />Ordinance, which shall detail the City's transition to by -district elections in 2020 and 2022 using the <br />map that was selected by the City Council following the Community Meetings and Public Hearings <br />required by the Settlement Agreement. In the event that the City Council has not adopted a final <br />electoral district map, the Ordinance shall include, and the City agrees to undertake, all actions <br />necessary to adopt a new electoral district map using a process comparable to the process agreed <br />upon by the Parties in the Settlement Agreement. The Ordinance shall be introduced at the next <br />[PROPOSED] STIPULATED JUDGMENT AND FINAL ORDER <br />