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LE, THERESA V. CITY OF SANTA ANA, (CVRA)
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LE, THERESA V. CITY OF SANTA ANA, (CVRA)
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Last modified
10/3/2018 7:56:13 AM
Creation date
10/2/2018 10:41:16 AM
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Contracts
Company Name
THERESA LE V. CITY OF SANTA ANA, ET AL.
Contract #
A-2018-231
Agency
CITY ATTORNEY'S OFFICE
Council Approval Date
9/4/2018
Destruction Year
2023
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The Parties agree that the Court in the CVRA lawsuit has jurisdiction over the <br />subject matter of Plaintiffs claims for declaratory and injunctive relief under the <br />CVRA, the Court has jurisdiction over the Parties, and that the Orange County <br />Superior Court is the proper venue, since the City is situated in the County of <br />Orange, where Plaintiff resides. Cal. Elec. Code § 14032; Cal. Civ. Proc. Code <br />§ 395(a). Furthermore, pursuant to section 664.6 of the California Code of Civil <br />Procedure, the Parties agree that this Court shall retain jurisdiction over this matter <br />to enforce the provisions of the Agreement and to award further relief as may be <br />appropriate. <br />Currently, § 400 of the City's Charter requires a hybrid at -large voting system <br />where City Council Members must reside within the ward the Council Member <br />represents, but the Council Member is elected at -large by all voters in the City. <br />Plaintiff has alleged that the current at -large voting system does not comply with the <br />provisions of the CVRA prohibiting racially polarized voting and has resulted in the <br />dilution of the voting strength of the Asian -American voters. In order to bring the <br />City's election system into compliance with the CVRA as alleged by Plaintiff, § 400 of <br />the City's at -large voting system must be replaced with by -district elections of City <br />Council Members, either by approval of a ballot measure, currently scheduled for <br />the upcoming election on November 6, 2018, or by further Court Judgment in the <br />form attached hereto as Exhibit A, in the above -referenced CVRA lawsuit, <br />invalidating the City's at -large voting system and requiring a by -district election <br />system. <br />This Agreement requires the City to transition from the current at -large <br />election system to a by -district election system in which Council Members are <br />elected from six districts redrawn to remedy the alleged racial polarization that has <br />allegedly diluted the voting strength of the Asian -American community. Candidates <br />for City Council must reside within the district for which the candidate is seeking <br />election and candidates must be elected only by voters residing within that district. <br />This Agreement also sets forth an agreed-upon timeline for the current City Council <br />to consider, propose, and adopt a revised district map with public participation as <br />required by law, taking into consideration the requirements of state and federal <br />voting rights laws, including geographic continuity and compactness, neighborhood <br />configurations, and communities of interest. <br />III. Terms and Conditions of the Settlement Agreement. <br />In consideration of the mutual promises herein, the Parties agree as follows: <br />1. Ballot Measure for "By -district" Elections. <br />A ballot measure for the change of the City's Council Member election system <br />from "at -large" to "by -district" has been placed on the ballot by the City Council and <br />is currently scheduled to be voted upon by the City's electors at the upcoming <br />
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