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Smart Voter
Stanislaus County, CA November 6, 2001 Election
Measure L
General Election Date Change, Districts for Council Members
City of Modesto

Charter Amendment

6,662 / 33.6% Yes votes ...... 13,127 / 66.3% No votes

See Also: Index of all Measures

Information shown below: Impartial Analysis | Arguments | Full Text

Shall the Modesto City Charter be amended to change the general municipal election date from November in odd numbered years to March in even numbered years and to impose a requirement that beginning in the 2004 general municipal election, all Councilmembers other than the Mayor be elected from one of six districts, the boundaries of which would be determined by the Modesto City Clerk no later than July 1, 2001?

Impartial Analysis from the City Attorney
This initiative would amend Section 300 of the Modesto City Charter to provide that the time for Regular Municipal Elections be changed to March in even numbered years beginning in the year 2002. The precise date in March would be as specified in Section 1201 of the Elections Code. Section 300 of the Modesto City Charter now provides that regular Municipal Elections are to be held in November of odd numbered years. The initiative provides that the terms of those Councilmembers, including the Mayor, elected in 1997 and 1999, be extended until their successors are elected in 2002 and 2004, respectively.

Under the terms of the proposed initiative, runoff elections, if necessary, would be changed from the second Tuesday in December to the first Tuesday in May following the Regular Municipal Election.

This initiative also proposes to require that Councilmembers be elected by district. The Mayor would continue to be elected at large.

Pursuant to the proposed initiative, Section 501 of the Modesto City Charter would be amended and Sections 503, 504 and 505 would be added to the City Charter. Under the current election system, Councilmembers are elected by "Chair" which are numerically designated as Chairs 1 through 6. Under the terms of the proposed initiative, the City Clerk would be required to divide the City into six Councilmember Districts no later than July 1, 2002. At that time, Councilmembers previously elected to a numerically designated chair would be deemed to be the representative of the district with the same numerical designation. As of the date of the 2004 General Municipal Election, all Councilmembers would be required to be residents of the district that they represent.

The proposed initiative sets forth detailed guidelines for the City Clerk to follow in determining the district boundaries. The districts are required to be as near the equal and population as possible according to the latest Federal census. The City Clerk would be required to redetermine district boundaries within 180 days following the publication of each Federal census and after each time the City annexes additional territory.

The proposed charter amendments could have a significant fiscal impact on the City for several reasons. First, there may be costs associated with the determination of the district boundaries. Care must be taken to ensure that the determination of the boundaries comply with both the proposed charter requirements and with the Voting Rights Act of 1965. It may be necessary for the City to hire experts to ensure compliance in this regard. Those costs are unknown at this time. Second, there may be increased election costs associated with the election of Councilmembers by District and with the change of the General Municipal Election date. The exact amount of those costs are also unknown at this time.

/s/ Michael D. Milich

  News and Analysis

10/21 Modesto Bee
"City divided over term limits, district election...sides offering starkly different pictures of the effects of changes."
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Arguments For Measure L Arguments Against Measure L
Representative government is a cornerstone of democracy. Measure L will strengthen representative government in Modesto.

For too long, Modesto has been governed by a limited voice, often concentrated in a small portion of a large and diverse city.

Measure L establishes six council districts so that all Modestans will now have a direct representative to field and respond to citizen concerns. The position of Mayor will continue to be elected at large.

Measure L also changes the date of municipal elections to coincide with statewide primaries in even years, increasing the number of voters participating in the current odd year elections.

The fact that virtually every form of government representation today is by districts (Modesto Irrigation District, County Supervisor, Assembly, Senate, U.S. Congress, etc.) is proof enough that Measure L is appropriate for Modesto, a city nearing a population of 200,000.

Don't be fooled by opponents to district elections. Claims of political deal making and other red herring arguments are more a description of current, special interest, insider politics.

Measure L changes Modesto politics for the better....for the future!

/s/ Carmen Sabatino
Mayor

/s/ Bill Conrad
Modesto City Councilmember

/s/ Paul Ortega
Commander, American GI Forum

/s/ Patrick M. McGrath

/s/ Bob Shook
Candidate for City Council

Rebuttal to Arguments For
Would you rather have six council members accountable to you or one? District elections would give you one City Council member accountable to you. Your representation would go from six to one. People are closer to government and get better decisions when six officeholders are responsible to them rather than one.

And do you really think the so-called special interest groups will not be involved in each and every district election? Just as much money can be spent, or more, in a district election as in an at-large election. Moreover, there is no definitive research that shows we can expect greater diversity and better decisions with district elections.

Modesto's city vision states "A healthy, safe, attractive, economically vibrant, socially diverse and culturally rich city with a strong sense of identity and pride, a community engaged in the practice of citizenship with governance based on the principle; of stewardship. " Our present system keeps you in control and helps us realize our vision.

Vote No! on Measure L.

/s/ Bette Belle Smith

/s/ Gladys E. Williams

/s/ Susan G. Johnsen

Don't be fooled: district elections will NOT result in election reform and such a system will NOT make city officials more accountable to its citizens. Rather, it will foster provincialism and backroom deal making regarding the delivery of our City's services and the location of its capital projects. In short, it will worsen City politics.

In the last 30 years, under the current at-large system, city council members have been elected from neighborhoods throughout the City. Moreover, under this system, there has been an even distribution of capital improvement projects throughout the City. Councilmembers have tackled problems of the City regardless of where they were located.

While voters may be tempted to vote for Measure L because it also includes moving municpal elections to the same date as statewide primary elections, in reality, this results in the poorest voter turnout. This divisive measure will also require the citizens of Modesto to pay for yet another municipal election.

Documented experience in other cities has shown that district elections do NOT result in a significant voter turnout, do NOT guarnatee lower campaign costs, and do NOT ensure that the City Council is representative of the entire community. District elections would make it viturally impossible for an ethnic minority candidate to be elected where an ethnic majority exists.

Vote No! on Measure L and District Elections

/s/ Susan G. Johnsen

/s/ Bette Belle Smith

/s/ Gladys E. Williams

Full Text of Measure L
Petition For Submission to Voters of Proposed Amendment to the Charter of the City of Modesto

To the City Council of the City of Modesto:

We, the undersigned, registered and qualified voters of the State of California, residents of the City of of Modesto, pursuant to Section 3 of Article XI of the California Constitution and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code, present to the City Council of the City of Modesto this petition and request that the following proposed amendment to the charter of the city be submitted to the registered and qualified voters of the city for their adoption or rejection at an election on a date to be determined by the City Council.

The proposed charter amendments read as follows:

SECTION ONE: Declaration of Findings and Intent.

(a) This initiative shall be known as the "Election Reform Act of 2000."

(b) The citizens of Modesto find that the City election system should be reformed and improved to increase voter turnout and to make elected city officials more accountable to the voters. Everyone will benefit if more people become actively involved in the City's elections, and if city officials become more accountable to the citizens. To that end, the Citizens of Modesto amend the City Charter to do the following:

1. Move regular municipal elections to the same date as statewide primary elections. The present system of holding municipal elections in odd-numbered years is very expensive for the City and results in low turnout. Moving city elections to even-numbered years will increase turnout and save money.

2. Elect Councilmembers from districts. District elections allow everyone to be represented by someone who lives in their part of town and who understands their concerns. District elections make candidates more accountable to the people they represent and increase interest in city elections.

SECTION TWO: Charter Amendements.

The Charter of the City of Modesto is amended to read as follows:

SECTION 300. REGULAR MUNICIPAL ELECTIONS.

Regular municipal elections for the election of officers and for such other purposes as the Council may prescribe shall be held biennially on the first Tuesday after the first Monday in November of each odd-numbered year until the year 1999. Thereafter they shall be held biennially in March of each even-numbered year at the date specificied in California Elections Code §1201, as the same now exists or hereafter be amended, commencing with the year 2002. The terms of those Council members, including the Mayor, elected in 1997 and 1999 are hereby extended until their successors are elected and qualified in 2002 and 2004, respectively.

If, at a regular municipal election held on such date in March of each even-numbered year, no candidate for one of the elective offices of the City of Modesto receives a majority of the votes cast at said regular municipal election, a second regular municipal election shall be held for said office on the first Tuesay after the first Monday in May of each even-numbered year commencing with the year 2002. At said second regular municipal election, the two (2) candidates receiving the highest number of votes at the first regular municipal election shall have their names placed on the ballot for election to said office.

SECTION 501. MANNER OF ELECTION.

The Mayor shall be elected from the City at large at the times and in the manner provided in this Charter. The Councilmembers shall be elected by District at the times and in the manner provided by this Charter.

SECTION 503. DESIGNATION OF COUNCILMEMBERS FOR ELECTION.

As to Councilmembers there shall be deemed to be six (6) separate offices to be filled, one of which shall be designated as District 1, another as District 2, another as District 3, another as District 4, another as District 5, and another as District 6. The City Clerk pursuant to Section 700 of this Charter has previously designated the six (6) separate Councilmember offices as Chairs 1 through 6. When the City Clerk initially establishes District boundaries pursuant to Section 505 of this Charter, the Councilmember previously elected to a numerically designated Chair shall be deemed to be the representative of the District with the same numerical designation. No candidate shall file for more than one (1) elective office. Such designation shall be used on all nomination papers, certificates of election and all election papers referring to the office.

SECTION 504. TERM OF OFFICE.

(a) Except as otherwise provided in this Charter, the terms of elective offices shall be four (4) years.

(b) In 2002 and every fourth (4th) year thereafter, the offices of Councilmembers designated as District 2, District 4 and District 5 shall be filled at the general municipal election held in March, or at such other time as provided in this Charter. In 2004 and every fourth (4th) year thereafter, the offices of Mayor and Councilmembers designated as District 1, District 3 and District 6 shall be filled at the general municipal election held in March, or at such other time as provided in this Charter.

SECTION 505. ELIGIBILITY, DISTRICT RESIDENCE.

Commencing with the 2004 general municipal election, no person shall be eligible to hold elective office as a Councilmember unless that person is, and has been for a period of at least thirty (30) days immediately preceding the filing of nomination papers for such office or appointment to such, a resident within the Council District corresponding in number to the office to which that person is elected or appointed. Each Councilmember shall, during the Councilmembers term of office, reside within such Council District. Further, as of date of the 2004 general municipal election, the incumbents in District 2, 4 and 5 shall be subject to the residency requirements of this section. The initial boundaries of such Districts shall be determined by the City Clerk no later than July 1, 2002 and shall be redetermined by the City Clerk not later than one hundred eighty (180) days following the publication each federal census thereafter. The District boundaries shall be determined or redetermined in conformance with the following standards:

(a) The territory comprising each District shall be contiguous and as nearly compact in shape as possible.

(b) The District should be as nearly equal in population as possible according to the latest Federal Decennial Census.

(c) District boundaries shall not cross census tract lines, except to the extent necessary to ensure that the Districts are as nearly equal in population as may be according to the latest federal decennial census.

(d) The six (6) districts shall be formed by dividing the City into six (6) geographic areas that split the City evenly from west to east, and again in thirds from north to south, thereby creating a northwestern, mid-western, southwestern, northeastern, mid-eastern and southeastern districts, consistent with the other standards listed below.

(e) Consistent with Section 505 (d) above, District 1 shall be composed of the northwestern-most census tracts in the city that contain one-sixth of the population of the city. For purposes of this section, a census tract shall be considered to be to the northwest of other census tracts if it contains any area that is farther to the north and the west than all areas contained within the other census tracts. In the event that two or more census tracts are equally northern by this definition, the City Clerk shall select the western-most census tract.

(f) Consistent with Section 505 (d) above, District 2 shall be composed of the northeastern-most census tracts in the city that contain one-sixth of the population of the city.

(g) Consistent with Section 505 (d) above, District 3 shall be composed of the mid-western-most census tracts in the city that contain one-sixth of the population of the city.

(h) Consistent with Section 505 (d) above, District 4 shall be composed of the mid-eastern-most census tracts in the city that contain one-sixth of the population of the city.

(i) Consistent with Section 505 (d) above, District 5 shall be composed of the southwestern-most census tracts in the city that contain one-sixth of the population of the city.

(j) Consistent with Section 505 (d) above, District 6 shall be composed of the southeastern-most census tracts in the city that contain one-sixth of the population of the city.

(k) If at any time between each federal decennial census, the city annexes territory, the City Clerk shall adjust the boundaries of any or all of the Districts of the city so that the Districts shall be as nearly equal in population as may be according to the latest federal decennial census.

SECTION THREE: Severability.

If any provision of this measure or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or application, and to this end the provisions are severable.


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