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HomeMy WebLinkAbout07/05/2016 12 Charter Amendment; Montes and Arteaga v. City of Yakima, et al. IC t€ xs 1 s. n. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 12. For Meeting of: July 5, 2016 ITEM TITLE: Resolution authorizing the amendment of the City Charter (Article II, Section 1) to be consistent with the Final Injunction and Remedial Districting Plan to in the case of Montes and Arteaga v. City of Yakima, et al. SUBMITTED BY: Jeff Cutter, Interim City Manager Helen A. Harvey, Senior Assistant City Attorney SUMMARY EXPLANATION: This agenda item is to present to the City Council a City Charter section for electing City Council members which is consistent with the decision of the Honorable Thomas O. Rice in the Court's Final Injunction and Remedial Districting Plan ( "Final Injunction ") in Montes and Arteaga v. City of Yakima, et al., United States District Court for the Eastern District of Washington No. 12 -CV- 3108 -TOR. In the Final Injunction at page 34, the Court ordered that the "City of Yakima is permanently enjoined from administering, implementing, or conducting any future elections for the Yakima City Council in which members of the City Council are elected on an at -large basis, whether in a primary, general or special election." The lawsuit by the plaintiffs was filed on August 22, 2012 against the City of Yakima and the seven Council members under Section 2 of the federal Voting Rights Act in Montes, et al. v. City of Yakima, et al., United States District Court for the Eastern District of Washington Case No. CV- 12- 3108 -TOR, and requested injunctive and declaratory relief under Section 2 of the federal Voting Rights Act, 42 U.S.C. § 1973. On February 17, 2015, the Honorable Thomas O. Rice issued a Final Injunction in the case pursuant to Section 2 of the federal Voting Rights Act requiring the City of Yakima to implement a new system for electing City Council members. Under this system, there are seven district positions, and only the registered voters within a district can vote for candidates in the primary and general election for the district position. On November 3, 2015, a General Election was held, and pursuant to the seven district system as ordered by Judge Rice, there are seven districts in the City of Yakima, and seven Council members were elected by the voters in their respective districts and have served in their current term on the Yakima City Council since January 2016. In the Final Injunction at page 35, the Court held that this "judgment is binding upon all parties and their successors. Future redistricting shall be done in a manner that complies with the terms and intent of this Judgment and the Court's August 22, 2014 Order, continues to provide for single- member districts, and complies with Section 2 of the Voting Rights Act." ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability 1 Orir APPROVED FOR SUBMITTAL: / - Interim City Manager STAFF RECOMMENDATION: Adopt Resolution authorizing the amendment of Article II, Section 1 of the City Charter so the City Charter is consistent with the Final Injunction and Remedial Districting Plan. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D resolution 6129/2016 Cover Memo D amendment no 15 6/29/2016 Omer Memo D Article 0 of City of Yakima Charter Effecthp 11-25-2014 6/28/2016 Backup Material Excerpts of Final Injunction and Remedial Districting 6/28/2016 Backup Material Ran dated 2-17-2015 (Pgs. 1 & 34 to end) RESOLUTION NO. R -2016- A RESOLUTION authorizing and approving the amendment of Article II, Section 1 of the Charter of the City of Yakima to be consistent with the Final Injunction and Remedial Districting Plan in the case of Montes and Arteaga v. City of Yakima, et al. WHEREAS, on August 22, 2012, the plaintiffs filed a lawsuit against the City of Yakima and the seven Council members under Section 2 of the federal Voting Rights Act in Montes and Arteaga v. City of Yakima, et al., United States District Court for the Eastern District of Washington Case No. CV -12- 3108 -TOR, and requested injunctive and declaratory relief under Section 2 of the federal Voting Rights Act, 42 U.S.C. § 1973; and WHEREAS, on February 17, 2015, the Honorable Thomas O. Rice issued a Final Injunction and Remedial Districting Plan ( "Final Injunction ") in the case pursuant to Section 2 of the federal Voting Rights Act requiring the City of Yakima to implement a new system for electing City Council members. Under this system, there are seven district positions, and only the registered voters within a district can vote for candidates in the primary and general election for the district position; and WHEREAS, on November 3, 2015, a General Election was held, and pursuant to the seven district system as ordered by the Honorable Thomas O. Rice, there are seven districts in the City of Yakima, and seven Council members were duly elected by the voters in their respective districts and have served in their current term on the Yakima City Council since January 2016; and WHEREAS, on April 4, 2016, the United States Supreme Court held in the case of Evenwel, et al. v. Abbott, et al., Case No. 14 -940 that a State may draw its legislative districts based on total population; and WHEREAS, on April 5, 2016, in City Resolution No. R- 2016 -051, the City Council passed a Resolution directing counsel to withdraw the City and City Council's appeals of the Orders of the Honorable Thomas O. Rice of the United States District Court for the Eastern District of Washington issued in Montes and Arteaga v. City of Yakima, et al., on August 22, 2014, February 17, 2015, March 19, 2015 and June 19, 2015, and to dismiss the appeals with prejudice that were pending in the U.S. Court of Appeals for the Ninth Circuit Case Nos. 15- 35309 and 15- 35593, which were consolidated by the Court on July 30, 2015 in No. 15- 35309; and WHEREAS, on April 12, 2016, pursuant to the stipulation of the parties in Montes and Arteaga v. City of Yakima, et al., the appeals to the U.S. Court of Appeals for the Ninth Circuit were voluntarily dismissed with prejudice; and WHEREAS, in the Final Injunction in Montes and Arteaga v. City of Yakima, et al., the Court ordered that the "City of Yakima is permanently enjoined from administering, implementing, or conducting any future elections for the Yakima City Council in which members of the City Council are elected on an at -large basis, whether in a primary, general, or special election "; and WHEREAS, in the Final Injunction in Montes and Arteaga v. City of Yakima, et al., the Court held that the "judgment is binding upon all parties and their successors. Future redistricting shall be done in a manner that complies with the terms and intent of this Judgment and the Court's August 22, 2014 Order, continues to provide for single- member districts, and complies with Section 2 of the Voting Rights Act "; and WHEREAS, the City Council finds it to be in the best interest of the City of Yakima to continue to implement and facilitate the Orders and Final Injunction and Remedial Districting Plan of the Honorable Thomas O. Rice in Montes and Arteaga v. City of Yakima, et al. that were entered in United States District Court for the Eastern District of Washington Case No. CV -12- 3108 -TOR, and to authorize and approve the amendment of Article II, Section 1 of the Charter of the City of Yakima so that the City Charter is consistent with the Orders and Final Injunction and Remedial Districting Plan in the case of Montes and Arteaga v. City of Yakima, et al.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes, approves and passes the attached Amendment No. 15, which amends Article II, Section 1 of the Charter of the City of Yakima. The City Council further authorizes and directs the Mayor of the City of Yakima to sign the authentication of the City Charter amendment. ADOPTED BY THE CITY COUNCIL this 5 th day of July, 2016. Avina Gutierrez, Mayor ATTEST: City Clerk AMENDMENT NO. 15 That Article II, Section 1 of the Charter of the City of Yakima be amended to read as follows: ARTICLE II Officers — Council- Manager Form of Government SECTION 1. A. Beginning with the elections for the Yakima City Council to be held in 2015, and including the August 4, 2015 primary election and the November 3, 2015 general election, all elections for the Yakima City Council will be conducted using a system in which each of the seven members of the City Council is elected from a single - member district. Each Council member must reside in his or her district, and only residents of a given district may vote for the Council member position for that district. B. In the Final Injunction and Remedial Districting Plan ( "Final Injunction ") entered by the Court in United States District Court for the Eastern District of Washington Case No. 12 -CV- 3018 -TOR ( "Case No. 12 -CV- 3018 - TOR ") on February 15, 2015, maps and tables showing the boundaries of the seven single- member districts and their populations were attached as Exhibit A to the Final Injunction. C. The City shall take all steps necessary to implement the seven single - member district plan attached as Exhibit A to the Final Injunction in Case No. 12 -CV- 3018 -TOR in order to allow single- member district based elections to proceed in 2015 and thereafter, provided that the City of Yakima may revise those districts based on annexations, de- annexations, and population changes reflected in the decennial census and at appropriate times in the future when necessary to conform to state and federal law. D. In order to preserve the staggered election plan for members of the City Council, in elections held for the City Council in 2015 the odd numbered districts were set for a four -year election cycle and even numbered districts were set initially for a two - year term and are set thereafter for a four -year election cycle. E. Future redistricting shall be done in a manner that complies with the terms and intent of the Final Injunction and Judgment and the Court's August 22, 2014 Order in Case No. 12 -CV- 3108 -TOR, continues to provide for single- member districts, and complies with Section 2 of the Voting Rights Act. F. At the primary election, each qualified voter of each district may cast only one vote for a candidate. The names of the two candidates from each district for whom the largest number of votes are cast at the primary election shall appear on the general election ballot for that district. G. In the event any Council member elected or appointed to a district position moves that member's place of residence outside the district boundary from which that member was nominated or appointed, then that Council member shall forfeit the office of Council member and the position held by the member shall be deemed to be vacant. In the event a vacancy occurs for any reason in the Council, the vacancy in the district shall be filled by the appointment of some qualified person who is a resident of that district by a majority vote of the remaining members of the Council, but such appointee shall hold office only until the next regular municipal election, at which time a qualified person who is a resident of that district shall be elected to serve for the remainder of the unexpired term for that position. CHARTER OF THE TY OF 1MA ........„....„„„ .... kt 4ii aa, " *liaaafiaaaaa'aa aa aaal. a . % 0' aaaanoug a teaaaaaaaa.aalaa ' aaaaaa *011,,,,, % ? (tips) a *1++RiIii.i.gilligiiiiK8i4, . :L'....iiiwgg + A.'" ' * ' . i . . a Aaa a • Cei. % #a 4 . ... a a a • " l'il, .%"' ' k%k. .. . 5, .1 . . ........• b r . ern Effective Nov e 25, 2014 ARTICLE I Name, Boundaries, Powers, Rights and Liabilities SECTION 1. The people of the City of Yakima, within the boundaries as now established, or as hereafter established, shall continue to be the body politic and corporate by name of City of Yakima, and under that name shall have perpetual succession; shall use a corporate seal; may sue and be sued; may acquire property within or without its boundaries for municipal purposes by purchase, gift, devise, lease, or condemnation, and may sell, lease, hold, manage and control such property as its interests may require, except that property purchased for park purposes shall be within the city limits; and except as prohibited by the constitution of the State of Washington, or restricted by this charter, the City of Yakima shall have all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever pertaining to cities of the first class within the State of VVashington. SECTION 2. The enumeration of particular powers by this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby or appropriate to the exercise thereof, the City of Yakima shall have, and may exercise, all powers which under the constitution and laws of the State of Washington it would be lawful for said charter specifically to enumerate. All powers of the City, whether express or implied, shall be exercised in the manner prescribed by this charter, or if not prescribed herein, then in the manner provided by law, ordinance or resolution of the City Council. ARTICLE II Officers -- Council-Manager Form of Government SECTION 1. A. The elective officers of the City of Yakima shall consist of seven Council members, who shall be residents of the City, who shall constitute the Council, and one of whom shall be the Mayor chosen as provided by SECTION 3 of this Article II. One Council member shall be elected from each of four separate districts of the City, and three Council members shall be elected from the City at large without regard to residence in any particular area of the City, by the qualified electors of the City, all at the times and in the manner hereinafter provided. The Council members so elected shall constitute the governing body of the City. B. (1) The City shall be divided by ordinance of the City Council into four districts as nearly equal in population as practicable. On the publication of the results of each decennial federal census, the City shall be redivided by ordinance of the City Council into four districts as nearly equal in population as practicable, which redivision shall be accomplished so as to be effective not less than ninety days prior to the municipal primary election to be held next following the publication of census results for nomination of candidates for "district positions" 1 on the Council, as defined in Subsection C (1) of this SECTION. On the division or redivision of the City into districts as provided by this subsection, any territory thereafter annexed to the City and contiguous to only one then existing district shall be added to and constitute a part of that district; and if annexed territory is contiguous to more than one then existing district, the annexed territory shall be divided into segments, as nearly equal in population as practicable, according to the number of then existing districts contiguous to the annexed territory and each segment shall be added to and constitute a part of its then existing contiguous district. (2) Whenever the population of any district exceeds the population of any other district by more than ten percent, the City Council shall by ordinance redivide the City into four districts as nearly equal in population as practicable; provided, that any such redivision shall be accomplished so as to be effective not less than ninety days prior to any municipal primary election for Council members to "district positions" as defined in Subsection C (1) of this SECTION. C. (1) Not less than ten days before the time for filing declarations of candidacy for the City Council for the election to be held in the year 1979, the City Clerk shall designate by consecutive numbers, commencing with the number one and ending with the number four, the positions on the Council to be filled by candidates nominated from districts, and such designations shall be thereafter permanently considered as separate offices for election purposes as "district positions" according to their permanently designated number. At the municipal election to be held in the year 1979, eight candidates shall be nominated from the four districts, as follows: Candidates for "district positions" shall file their candidacy for nomination by the electors of the district wherein each candidate, respectively, resides. At the primary election, each qualified voter of each district may cast only one vote for a candidate. The names of the two candidates from each district for whom the largest number of votes are cast at the primary election shall appear on the citywide general election ballot, and the one candidate from each district who receives the highest number of votes, as cast by the citywide electorate at the general election, shall thereby be declared as duly elected to each respective "district position" as a member of the City Council. (2) Not less than ten days before the time for filing declarations of candidacy for the City Council for the election to be held in 1981, the City Clerk shall designate, by consecutive numbers commencing with the number five and ending with the number seven, the positions on the Council to be filled by candidates to be elected from the City at large without regard to residence in any particular area of the City, and such designations shall be thereafter permanently considered as separate offices for election purposes as "at large positions" according to their permanently designated numbers. D. (1) Council members shall be elected for four-year terms. On the expiration of those terms, succeeding elections shall be conducted so that three Council members are elected at large without regard to residence in any 2 particular area of the City and four Council members elected to "district positions" in the manner provided by Subsection C of this SECTION. (2) In the event any Council member elected or appointed to an "at large position" moves that member's place of residence outside the city boundary, or in the event any Council member elected or appointed to a "district position" moves that member's place of residence outside the district from which that member was nominated or appointed, then that Council member shall forfeit the office of Council member and the position held by that member shall be deemed to be vacant. In the event a vacancy occurs for any reason in the Council, the vacancy shall be filled by the appointment of some qualified person by a majority vote of the remaining members of the Council, but such appointee shall hold office only until the next regular municipal election, at which time a qualified person shall be elected to serve for the remainder of the unexpired term for that position. If the vacancy occurs in a position held by a Council member originally nominated or appointed from a district, then the appointee shall be a resident of that district and the Council member who is elected to serve for the remainder of that term shall be a resident of that district and shall be nominated and elected in the manner provided by Subsection C (1) of this SECTION. E. Provision for the time and manner of election of Council members, and the conduct of such biennial elections shall be governed by general state laws, by this charter, and by applicable ordinances of the City as they may be enacted from time to time. SECTION 2. The Council shall constitute the legislative branch and authority of the City government and shall have power to adopt rules of order and regulations for the conduct of its business. SECTION 3. The Council shall choose its own chairman at its first meeting and at the first meeting after the subsequent biennial elections. The chairman shall have the title of Mayor during the biennium for which chosen. The Mayor shall preside at all meetings of the Council and shall also have the powers and perform the duties conferred and imposed by this charter and the ordinances of the City. The Mayor shall be recognized as the head of the City for all ceremonial purposes and by the Governor for purposes of military law. The Mayor shall have no regular administrative duties but in time of public danger or emergency shall, if so authorized and directed by a majority vote of the Council, take command of the police, maintain order and enforce the law. The Mayor shall also have the rights, privileges and immunities of a member of the Council with the right to vote as another member thereof. If a vacancy occurs in the office of Mayor, or in case of the Mayor's absence or disability, a Mayor pro tem shall be elected by the Council from its members to act as Mayor for the unexpired term or during the continuance of the absence or disability. 3 SECTION 4. Except as otherwise provided in this charter, all powers of the City shall be vested in the Council. The Mayor and each member of the Council shall receive compensation as established by Ordinance. Members of the Council shall be qualified electors of the City and any member ceasing to possess any of the qualifications specified in general law or in this charter or convicted of crime involving moral turpitude while in office shall immediately forfeit his office. SECTION 5. The Council shall meet at the times and places fixed by ordinance, but must hold at least two regular meetings each month. The Clerk shall call special meetings of the Council upon request of the Mayor or any two members. Requests for special meetings shall state the subjects to be considered and no other subject shall be considered at a special meeting except by consent of all members of the Council. All meetings of the Council and of committees thereof shall be open to the public, and the rules of the council shall provide that citizens of the City shall have a reasonable opportunity to be heard at any meetings in regard to any matter being considered thereat. SECTION 6. The Council shall choose such employees of its own body, as it may deem necessary. Employees of the Council shall not be chosen for a definite term but shall continue to serve during the pleasure of the Council. SECTION 7. The Council shall appoint an officer whose title shall be City Manager and who shall be the chief executive officer and the head of the administrative branch of the City government. The City Manager shall be chosen upon the basis of character and ability with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office as hereinafter outlined. Choice shall not be limited by any residence or political qualification. No person elected to membership on the Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed following the expiration of the term for which elected. Before entering upon the duties of the office, such City Manager shall take the official oath for the support of the National and State Governments and the faithful performance of duties, and shall execute a bond in favor of the City in such sum as may be fixed by the Council. SECTION 8. The City Manager shall be appointed for an indefinite term and may be removed by a majority vote of the Council. At least thirty days before the effective date of removal, the City Manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the City Council stating the Council's intention to remove the City Manager and the reasons therefor. Upon passage of the resolution stating the Council's intention to remove the City Manager, the Council may by a similar vote suspend the City Manager from duty, but compensation shall continue until the removal becomes effective. 4 The City Manager may, within thirty days from the date of service upon the City Manager of a copy thereof, reply in writing to the resolution of intent for removal. In the event no reply is timely filed, the resolution shall upon the thirty-first day from the date of such service constitute the final resolution removing the City Manager, and the City Manager's services shall terminate upon that day. If a reply shall be timely filed with its Clerk, the Council shall fix a time for a public hearing upon the question of the City Manager's removal and a final resolution removing the City Manager shall not be adopted until a public hearing has been held. The action of the Council in removing the City Manager shall be final. In case of the absence or disability of the City Manager, the Council may designate some qualified person to perform the duties of the office during such absence or disability. SECTION 9. The powers and duties of the City Manager shall be (1) To have general supervision over the administrative affairs of the municipality; (2) To appoint and remove at any time all department heads, officers and employees of the City, except members of the Council, but the appointment and removal of those department heads, officers and employees who are subject to Civil Service or merit systems of the City of Yakima shall be pursuant to the Civil Service laws, rules and regulations of such City in existence at the effective date hereof: provided, that the Council may cause an audit to be made of any department or office of the City government and may select the persons to make it, without the advice or consent of the City Manager; (3) To attend all meetings of the Council at which his attendance may be required by that body; (4) To see that all laws and ordinances are faithfully executed, subject to the authority which the Council may grant the Mayor to maintain law and order in times of emergency; (5) To recommend for adoption by the Council such measures as he may deem necessary or expedient; (6) To prepare and submit to the Council such reports as may be required by that body or as he may deem it advisable to submit; (7) To keep the Council fully advised of the financial condition of the City or town and its future needs; (8) To prepare and submit to the Council a tentative budget for the fiscal year; (9) To perform such other duties as the Council may determine by ordinance or resolution. SECTION 10. Administrative departments shall be created by the City Council as the public business may demand. Pending further action by the City Council, the administrative departments now in existence shall be continued. The rights, powers and duties of the departments shall be prescribed, distributed, assigned, established or discontinued by ordinance. 5 SECTION 11. The City Manager may authorize the head of the department or office responsible to the City Manager to appoint and remove subordinates in such department or office. Any officer or employee who may be appointed by the City Manager or by the head of a department or office, except one who holds a position subject to Civil Service, may be removed by the City Manager or other such appointing officer at any time. Subject to the provisions of SECTION 9 herein, the decision of the City Manager or other appointing officer shall be final and there shall be no opportunity for administrative appeal. SECTION 12. Appointments made by or under the authority of the City Manager shall be on the basis of executive and administrative ability and of the training and experience of the appointees in the work, which they are to perform. Residence within the City shall not be a requirement. SECTION 13. Neither the Council, nor any of its committees or members shall direct or request the appointment of any person to, or removal from, office by the City Manager or any of the City Manager's subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any committee or member thereof shall give orders to any subordinate of the City Manager, either publicly or privately: Provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. SECTION 14. The City Manager and other officers, assistants and employees, shall receive such salary or compensation as the Council shall fix by ordinance and it shall be payable at such times as the Council shall determine. SECTION 15. Nothing in this Article shall affect the pension or Civil Service or merit system of the City of Yakima in existence at the effective date hereof. ARTICLE III Elections SECTION 1. Elections shall be general, primary or special. The manner and method of holding and calling municipal elections, both general and special, shall be according to State law. All municipal elections shall be non-partisan and by the qualified electors of the City. 6 Case 2:12-cv-03108-TOR Document 143 Filed 02/17/15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ROG-ELIO MONTES, et al., NO 12-CV-3108-TOR Plaintiff, FINAL INJUNCTION AND RE DIAL DISTRICTING PLAN CITY OF YAKI , et al., Defendants. BEFORE THE COURT are the parties' proposed injunctive orders (ECF Nos. 113 and 117) and amicus curiae's third alternative (ECF No. 126). This matter was submitted for consideration without oral argument. The Court has reviewed the briefing, the record, and files herein, and is fully informed. BACKGROUND This is an action to remedy a violation of Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 (previously codified at 42 U.S.C. § 1973). Plaintiffs filed suit in 2012 alleging that Yakima's existing at-large electoral system diluted Latino FINAL INJUNCTION AND REMEDIAL DISTRICTING PLAN Case 2:12-ev-03108-TOR Document 143 Filed 02111/15 ACCORDINGLY, IT IS ORDERED: 1. Plaintiffs' Motion for Entry of Proposed Remedial Plan and Final Injunction (ECF No. 117) is G TED. Defendants Proposed Remedial Redistricting Plan(s) and Injunction (ECF No. 113, 129, 136) are DENIED. 2. The City of Yakima is permanently enjoined from administering, implementing, or conducting any future elections for the Yakima City Council in which members of the City Council are elected on an at-large basis, whether in a primary, general, or special election. 3. Beginning with the elections for the Yakima City Council to be held in 2015, and including the August 4, 2015 primary election and the November 3, 2015 general election, all elections for the Yakima City Council will be conducted using a system in which each of the seven members of the City Council is elected from a single-member district. Each councihnember must reside in his or her district, and only residents of a given district may vote for the couneilmember position for that district. 4. The Court hereby adopts, as a remedy for the Section 2 violation, Plaintiffs' proposed Illustrative Plan 1. Maps and tables showing the boundaries of the new seven single-member districts and their populations are attached as Exhibit A. 5. Defendants shall take all steps necessary to implement the seven FINAL INJUNCTION A II REMEDIAL DISTRICTING PLAN — 34 Case 2:12-cv-03108-10 R Documet 143 Filed 02/17/15 single-member district plan attached as Exhibit A in order to allow single-member district based elections to proceed in 2015 and thereafter, provided that the City of Yakima may revise those districts based on annexations, de-annexations, and population changes reflected in the decennial census and at appropriate times in the future when necessary to conform to state and federal law. 6. In order to preserve the current staggered election plan for members of the City Council, the odd numbered districts will be set for a four-year election cycle and the even numbered districts will be set initially for a two-year term and thereafter for a four-year election cycle. 7. This judgment is binding upon all parties and their successors. Future redistricting shall be done in a manner that complies with the terms and intent of this Judgment and the Court's August 22, 2014 Order, continues to provide for single-member districts, and complies with Section 2 of the Voting Rights Act, 8. Any requests by Plaintiffs for costs and fees shall be determined by the Court in accordance with Fed. R. Civ. P. 54(d). The District Court Executive is hereby directed to enter this Order, enter Judgment accordingly, and provide copies to counsel. DATED February 17, 2015. 9, leri ..,,VkAllik 0' THO S O. RICE 41, United States District Judge FINAL INJUNCTION AND REMEDIAL DISTRICTING PLAN — 35 Case 2:12-m-03108-TOR Document 143 Filed 02/17/15 EXHIBIT A FINAL INJUNCTION AND REMEDIAL DISTRICTING PLAN — 36 Ir Yakima -- Illustrative Plan 1 _ )-ri 77Water Area a Z 02012 Precincts - �_ h*. Highway Nac irs:(iivrr `_� t ,� 9 Y \` - t -t District - \ 1 grundla r\ i ; �'. 1-� . - _. - 12 in a River., 4 ~ / 4 i �Y Myna, Lae _ ER St-.. 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' Population S to .ry Report tri Z Yakima City Council --Illustrative Plan 1 Sal 0 Z Group Group Quarters Group Quarters Quarters District Population Deviation Pa Deviation Hisp. % !lisp. tatiority % liffloority Incarcerated College Dorms Military cci 1 12533 -497 -3.81% 9626 76.81% 10227 81.60% 0 0 0 0 0 2 13358 328 2.52% 9713 72.71% 10505 78.84% 273 0 0 :3 Z 3 12859 -171 -L31% 4395 34,18% 5297 4t19% 0 91 0 >‘. 4 13175 145 C11% 5724 43A5% 6761 51.32% 778 0 0 10 5 12683 -347 -2.66% 3668 28.92% 4464 3520% 0 0 0 6 13176 146 1.12% 1820 13.81% 2648 2010% 0 0 0 . 0 D4 7 13283 253 1.94% 2641 19.88% 3842 27A2% 58 0 0 C0 34 641 co Total 91067 37587 4127% 43544 47.82% 1109 91 0 t 0 0 44 Ideal 13030 Total Deviation 623% 0 o cr: = H 2 CD i-4 % Latino % Latino = n 18+ NH DOJ vut+ NH % Laurie Registered at ail Citiz ( ens all 1-3 District 18+ Pop 1 8+ Rise. % 18+ HiSp. Indian post indtari 184 KnoritY % 18+ Ranority CVAP registerod ) ages) I- b....i ..i. Z 1.41 1 7604 5335 7016% 195 2.56% 5748 75.59% 54.51% 5278% 71.93% CI 2 8545 5639 65.99% 182 213% 6182 72.35 46.31% 53,35% 6328% 11 . Cc 3 9377 2564 2734% 222 237% 3200 3413% 24.80% 1818% 3222% 2 69% ›. 4 9716 3523 3626% 334 3A4% 4301 4427% 26 2524% 57% O. . 34. to 5 9801 2152 21.96% 247 252% 2755 28.11% 1221% 14.48% 20.17% , 6 10175 1083 10.64% 125 123% 1612 15.84% 711% 6.91% 11.39% Lia -3.. do 7 10069 1541 15.30% 172 1.71% 2199 21.64% 15.14% 10.59% 2324% 0 cn Total 65287 21837 33.45% 1477 2.26% 25997 39.82% 22.66% 19.56% 3434% Notes: (1) Group quarters data are from the 2010 Advance Group Quarters File released by the Census Bureau on April 20, 2011 (2) With post-Census 2010 annexation affecting Districts 6 and 7, current city population is 91208. Deviation is calculated based on idea district size of 13,030 (91208/7), (3) % LCVAP calculated by disaggregating 2008-2012 ACS block group estimates for 18+ citizen Hispanics and Non-Hispanics to 2010 census blocks. (4) % Latino registered based on Spanish surname match to registered voter list current through mid-March 2014 (5) % Latino citizen calculated by disaggregating 2008-2012 ACS block group estimates for citizen Hispanics and Non-Hispanics to 2010 census blocks. cc .... . ............................................................................................... ................................... .... . . . .