HomeMy WebLinkAboutLE, THERESA V. CITY OF SANTA ANA, (CVRA)INSURANCL NOT REQUIRED
WORK MAY RROCra
„T.
CLC "K Oi COUiNCIL
SEP 2 5 2018
SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS
0WCAO (o
A r�cgt kc r d S The parties to this SETTLEMENT AGREEMENT AND GENERAL RELEASE OF
CLAIMS ("Agreement") are Theresa Le (referred to as "Plaintiff' herein), on the one
hand, and the City of Santa Ana, a California Charter City (sometimes referred to as
"Defendant" or "City") and Maria D. Huizar, Clerk of the Council, City of Santa Ana
(sometimes referred to as the "individual Defendant" or "Huizar") (collectively,
"Defendants"), on the other.
These persons and entity are sometimes referred to as "Parties" or "each
Party" herein. This Agreement is effective as of the latest date written next to the
signature of a Party to this Agreement.
L Recitals.
'Che purpose of this Agreement is to settle the action filed in the Orange
County Superior Court under the California Voting Rights Act ("CVRA") entitled
Theresa Le v. City of Santa Ana and Maria D. Huizar, Clerk of the Council, Case No, 30-
2018-00988426-CU-CR-CJC ("CVRA lawsuit").
A-2018-231
The Parties desire to settle the CVRA Lawsuit and to fully and finally settle
any and all matters between them arising out of, or relating to, the CVRA Lawsuit, or
any claims that could have been raised in connection with the CVRA Lawsuit or the
City's ward -based, at -large electoral system occurring prior to the date of this
Agreement, without any further court proceedings (with the exception of a potential
motion for Plaintiffs attorneys' fees), trial, appeal or adjudication of any issue of fact
or law, and without any admission with respect to such matters.
IL Introduction.
On March 6, 2018, counsel for Plaintiff mailed a written notice to Defendant
Huizar asserting that the City s at -large voting system violated the CVRA. The City
did not respond within forty-five (45) days, as provided in California Elections Code
section 10010(e)(2). As a result, Plaintiff filed the CVRA Lawsuit on April 25, 2018,
alleging that the current at -large method of electing Council Members from wards in
the City violates the CVRA, Cal. Elec. Code §§ 14025 et seq. Plaintiff alleges that
racially polarized voting (as defined in California Elections Code section 14026(e))
in at -large City Council elections dilutes the voting strength of Asian -American
voters in the City in violation of the CVRA. Plaintiff further alleges that racial
polarization occurring in Council Member elections denies Asian -American voters a
meaningful voice in the political process and prevents Asian -American voters from
electing Council Members of their choice, also in violation of the CVRA.
The Parties subsequently met and conferred regarding Plaintiffs CVRA claim,
and agreed to resolve the claim through this Agreement. This Agreement has been
voluntarily entered into by the Parties to this litigation.
The Parties agree that the Court in the CVRA lawsuit has jurisdiction over the
subject matter of Plaintiffs claims for declaratory and injunctive relief under the
CVRA, the Court has jurisdiction over the Parties, and that the Orange County
Superior Court is the proper venue, since the City is situated in the County of
Orange, where Plaintiff resides. Cal. Elec. Code § 14032; Cal. Civ. Proc. Code
§ 395(a). Furthermore, pursuant to section 664.6 of the California Code of Civil
Procedure, the Parties agree that this Court shall retain jurisdiction over this matter
to enforce the provisions of the Agreement and to award further relief as may be
appropriate.
Currently, § 400 of the City's Charter requires a hybrid at -large voting system
where City Council Members must reside within the ward the Council Member
represents, but the Council Member is elected at -large by all voters in the City.
Plaintiff has alleged that the current at -large voting system does not comply with the
provisions of the CVRA prohibiting racially polarized voting and has resulted in the
dilution of the voting strength of the Asian -American voters. In order to bring the
City's election system into compliance with the CVRA as alleged by Plaintiff, § 400 of
the City's at -large voting system must be replaced with by -district elections of City
Council Members, either by approval of a ballot measure, currently scheduled for
the upcoming election on November 6, 2018, or by further Court Judgment in the
form attached hereto as Exhibit A, in the above -referenced CVRA lawsuit,
invalidating the City's at -large voting system and requiring a by -district election
system.
This Agreement requires the City to transition from the current at -large
election system to a by -district election system in which Council Members are
elected from six districts redrawn to remedy the alleged racial polarization that has
allegedly diluted the voting strength of the Asian -American community. Candidates
for City Council must reside within the district for which the candidate is seeking
election and candidates must be elected only by voters residing within that district.
This Agreement also sets forth an agreed-upon timeline for the current City Council
to consider, propose, and adopt a revised district map with public participation as
required by law, taking into consideration the requirements of state and federal
voting rights laws, including geographic continuity and compactness, neighborhood
configurations, and communities of interest.
III. Terms and Conditions of the Settlement Agreement.
In consideration of the mutual promises herein, the Parties agree as follows:
1. Ballot Measure for "By -district" Elections.
A ballot measure for the change of the City's Council Member election system
from "at -large" to "by -district" has been placed on the ballot by the City Council and
is currently scheduled to be voted upon by the City's electors at the upcoming
election on November 6, 2018. If the ballot measure is adopted by a majority of the
voters, then the City Council elections thereafter will be held using the district -based
electoral system as provided in Government Code sections 34878 and 34871(c),
commencing no later than the next election for a City Council member (i.e., the
election in November 2020).
Dismissal with Prejudice.
Plaintiff will dismiss the CVRA Lawsuit with prejudice if the ballot measure is
approved by a majority of the voters of the City of Santa Ana in the November 2018
election and only after the by -district electoral map is adopted by the City Council.
The dismissal with prejudice shall be filed within five (5) business days after the
City Council adopts the by -district electoral map. The City shall notify Plaintiffs
counsel when the by -district electoral map is adopted to enable Plaintiffs counsel to
promptly file the request for dismissal.
3. Public Hearing Process for Map Drawing of By -District Elections.
During negotiations of this Agreement, the City Council approved and
adopted a Community Participation Plan detailing the proposed dates of four
Community Outreach Meetings detailed in Paragraph 5 herein and all Public
Hearings detailed in Paragraph 6 herein. The Community Participation Plan is
attached hereto as Exhibit B, and incorporated by reference.
4. Hiring of Demographer and Development of Proposed Electoral District
Map.
The City has contracted with Paul Mitchell of Redistricting Partners,
("Demographer") to design one or more initial electoral district maps for the City
and any revised district maps as necessary, and to assist in the process of
conducting Community Outreach Meetings and Public Hearings, as detailed in
Paragraphs 5 and 6, respectively.
The Demographer will consider the following issues in the creation of draft
proposals and associated data sets: Neighborhood identity, cohesiveness, natural
and artificial barriers, connections and relationships, service delivery boundaries,
school districts and school attendance areas, geography, housing age, registration
and voter participation, residence type and duration, ethnicity, income, and other
factors and metrics relevant to defining communities of interest. The City shall
provide the Demographer with facilities and resources to accomplish this task as
reasonably needed, allowing the Demographer reasonable discretion, in
consultation with City staff, of how best to accomplish this task. The City may also
retain other consultants to assist in that process and to promote and publicize the
process to ensure maximum public participation from all geographic, ethnic,
socioeconomic and interest groups in the City, and will coordinate those additional
efforts with Plaintiff and her counsel.
Plaintiff and her counsel may submit comments or proposed revisions to the
City and the Demographer on the initial and subsequent electoral district mapping
proposals.
All mapping proposals presented to Plaintiff, the City, or the Public will be
accompanied by a data table containing raw population numbers along with other
information expressed in percentages, including citizen voting age population by
race and ethnicity; Spanish and Asian surname registered voters; and Spanish and
Asian surname voter turnout.
5. Community Outreach Meetings and Schedule.
In addition to the four (4) public hearings required by California Elections
Code section 10010, the City also shall hold four (4) Community Outreach Meetings.
These meetings need not be separate and one or more of each maybe combined
with the other on the same date. The Community Outreach Meetings shall take
place in four regions of the City: West, North, Central, and South. The West region
shall encompass the area west of both the Santa Ana River and Mar Les West. The
North region shall encompass the area east of the Santa Ana River and north of Civic
Center Drive. The Central region shall encompass the area east of the Santa Ana
River and the area between Civic Center Drive and Edinger Avenue. The South
region shall encompass the area east of the Santa Ana River and south of Edinger
Avenue. Community Outreach Meetings will have identical agendas except as
indicated in this section. All Community Outreach Meetings shall be held at a
location that is easily accessible to the public and shall occur at times that maximize
the public's attendance.
The Community Outreach Meetings will begin with an educational
presentation to inform the public about the transition to by -district elections and
the City's process for adopting district boundaries. The Demographer will present
sample mapping proposals at the Community Outreach Meetings, including Plan D
included as part of Item 75B of the City Council's May 15, 2018 meeting, and solicit
community feedback.
The City shall hold the first Community Outreach Meeting the week of August
27, 2018 and hold all Community Outreach Meetings at a date not later than the
week of September 17, 2018, with specific proposed dates as set forth in the
Community Participation Plan, attached hereto as Exhibit B'The City shall begin by
holding one Community Outreach Meeting in each region of the City as described
above, the last of which shall be held in the West region. The City is required to
consult with the Plaintiff and her counsel regarding the time and location of the
Community Outreach Meeting occurring in the West region. The Parties must agree
on a time and location of the Community Outreach Meeting occurring in the West
region at least two weeks before the meeting is scheduled to occur. After the
Community Outreach Meetings and the Second Public Hearing have occurred, the
11
Demographer shall consider public submissions and comments regarding the
Demographer's sample election district maps, to prepare proposed maps and
potentially to revise the electoral district maps to be proposed at subsequent Public
Hearings.
Map concepts and/or input regarding communities of interest and other
relevant issues may also be provided by members of the public in the Community
Outreach Meetings and online. The City shall provide members of the public with an
online tool to submit proposed maps, and shall notify the public of the availability of
that tool in accordance with the requirements of Paragraph 11 herein. After the
conclusion of the final Community Outreach Meeting, and taking into consideration
the comments, feedback, and suggestions of the community at the Community
Outreach Meetings as well as the information contained in Paragraphs 4 and 7, the
Demographer shall submit draft district maps to the City and to Plaintiff and her
counsel no later than seven (7) days before the first scheduled post -map Public
Hearings. If necessary, the City shall call Special City Council Meetings to comply
with the deadlines described in this Paragraph.
6. Public Hearing Schedule.
Pursuant to California Elections Code section 10010(a), the City shall hold
two (2) pre -map Public Hearings. These Public Hearings may be held during the
same weeks as the Community Outreach Meetings and may be held on the same
days as the Community Outreach Meetings, as proposed in the Community
Participation Plan. The pre -map Public Hearings as identified in the Community
Participation Plan are proposed on September 4, 2018 and the week of September
17, 2018 (proposed to immediately follow the Community Outreach Meeting that
same week, in the same location). If necessary, the City agrees that it will call
Special City Council Meetings to comply with deadlines mandated by this Settlement
Agreement or deadlines mutually agreed to by the Parties at a later date.
After holding all of the Community Outreach Meetings detailed in Paragraph
5 and the two (2) pre -map Public Hearings, the City Council shall hold two (2) post -
map Public Hearings, in accordance with California Elections Code section 10010.
Consistent with California Elections Code section 10010(a) (2) and as identified in
the Community Participation Plan (attached hereto as Exhibit B), the two (2) post -
map Public Hearings are proposed for October 16, 2018 and October 30, 2018. In
no event shall these two Public Hearings be held later than October 30, 2018. The
final two Public Hearings shall be held at the Council Chamber, or such other
location as reasonably necessary to accommodate such meetings.
At the two (2) post -map Public Hearings, the City Council shall seek input
from the community regarding the content of the Demographer's revised electoral
maps and maps submitted by the public, as detailed in Paragraph 5.
At the second post -map Public Hearing, the City Council will introduce and
conduct a First Reading of a Proposed Ordinance that: (1) adopts a final district map
to be used upon the occurrence of either of the following events: (i) the approval of
the ballot measure currently scheduled to be voted on by City electors at the
November 6, 2018 election, proposing the change from at -large to by -district
Council Member elections, or (ii) the failure of the ballot measure and the change to
a by -district election system pursuant to a Stipulated Judgment entered by the Court
as provided for in this Agreement and as reflected in Exhibit A hereto; (2) specifies
that, consistent with California Elections Code section 10010(b), based on the new
district boundaries established in the adopted map for by -district elections, the
district with the highest percentage of Asian -American citizens of voting age shall be
designated among the three Districts (1, 3 and 5) subject to election on November 3,
2020, with Districts 2, 4 and 6 to be subject to election on November 8, 2022; and
(3) specifies that, consistent with this Agreement, any special elections for Districts
1, 3, and 5 occurring after November 3, 2020 shall be by -district, and any special
elections for Districts 2, 4, and 6 occurring after November 1, 2022 shall be by -
district. At the City's regularly scheduled Council Meeting on November 20, 2018,
the City Council will conduct a Second Reading, and adopt the Proposed Ordinance
as described above.
City Council District Boundaries.
The district map approved by the City Council as detailed in paragraph 6
shall be drawn based on the official United States Census population data, and shall
be drawn in a manner consistent with applicable law. The boundaries of the district
map shall be drawn in accordance with the criteria set forth in the following order
of priority:
L Districts shall contain reasonably equal total population.
ii. Districts shall comply with applicable Federal and State law, including,
without limitation, the Constitutions of the United States and of the
State of California, the federal Voting Rights Act of 1965, as amended,
52 U.S.C. §§ 10301, et seq., and the CVRA. Districts shall also be
drawn in a manner that remedies the claimed vote dilution of Asian -
American voters currently residing on the Westside of the City
without drawing lines solely on the basis of ethnicity.
iii. Districts shall be geographically contiguous and drawn to encourage
geographic compactness.
iv. As required by California Elections Code section 21620, districts shall
be drawn with respect for (1) topography, (2) geography, (3)
cohesiveness, contiguity and integrity of territory, and (4) community
of interest of any neighborhood, including racial, ethnic, and language
minorities, to the extent possible without violating the requirements
of any of the preceding provisions.
8. Change to By -District Elections Absent Ballot Measure Approval.
In the event that the ballot measure is not approved by a majority of voters at
the November 6, 2018 election, Plaintiff may file the Stipulated Judgment attached
hereto as Exhibit A with the Court.
The Council shall thereafter adopt such post-election Ordinance, which shall
detail the City's transition to by -district elections in 2020 and 2022. The Ordinance
shall be introduced at the next regularly scheduled City Council meeting after the
Court shall issue such order. Consistent with California Elections Code section
10010(b), based on the new district boundaries adopted by the City Council for by -
district elections in the Proposed Ordinance required in accordance with Paragraph
6 above, the district with the highest percentage of Asian -American citizens of
voting age shall be designated among the three districts subject to election on
November 3, 2020 (Districts 1, 3 and 5); by -district elections for Districts 2, 4, and 6
will occur on November 1, 2022. Also, in accordance with the terms of this
Agreement, any special elections for Districts 1, 3, and 5 occurring after November
3, 2020 shall be by -district, and any special elections for Districts 2, 4, and 6
occurring after November 1, 2022 shall be by -district. Consistent with the City
Charter, Council Members shall serve for a term of four (4) years.
The Parties acknowledge that except as permitted by law, the City would
expressly violate the terms of this Agreement by enacting an ordinance establishing
at -large election of City Council Members or by passing a Resolution placing at -large
elections on the ballot.
9. Ballot Argument in Favor of Ballot Measure.
The City agrees that no current City Council member, Department Head or
City Manager shall campaign against or in any other way (including by proxy)
oppose in their official capacity the Ballot measure. Nothing herein shall preclude
any Council Member or other City official from expressing his or her personal
opinion in his or her personal capacity regarding the proposed ballot measure to
any person. In doing so, no Council member, Department Head or City Manager
shall state or indicate that any such opinion is given in his or her official capacity as
a Council member, Department Head, City Manager, or City official and shall
affirmatively state that any such opinion is made only in his or her personal
capacity.
10. Plaintiffs Participation.
Plaintiff may attend and participate personally and through representatives
of her choosing in the process for developing the electoral district map including,
without limitation, (a) by attending Community Outreach Meetings and Public
Hearings detailed in Paragraphs 5 and 6, respectively, and (b) providing the City
Council in writing, at or prior to the final Public Hearing or meetings on proposals
for the electoral district map, any and all comments the Plaintiff may have
concerning the maps under consideration by the City Council.
11. Informational Material Concerning Transition to By -District Elections.
In accordance with the requirements of Paragraph 5, the City shall be
required to educate voters about district elections and the process of developing
electoral districts. The City shall provide such educational information to the public
beginning on or before the date of the first Community Outreach Meeting. Such
information shall also be prominently posted on the City's designated webpage for
district elections and some information about the ballot measure and the reasons
for its placement on the ballot shall be mailed to all voting age residents in the City,
which may be included with voter information booklets or other materials provided
to voters in connection with the November 6, 2018 election. The City's designated
website shall maintain all information relevant to the transition to district elections
including; posting notices and agendas of Community Outreach Meetings and Public
Hearings, as well as Frequently Asked Questions. The City must permit Plaintiff and
her counsel to review and comment on the proposed information before the
information is posted. The City is also required to send e-mails to all persons who
have requested to be included in the city's e-mail list and posting notices and
materials on all City -operated social media accounts and events calendars.
As permitted by law, the City will provide written educational information to
the public about the transition to by -district elections. Notices shall also be
provided to local Vietnamese, Spanish, and Cambodian media outlets and
community groups.
12. Multilingual Notices and Agenda.
Official required notices and agendas (but not, agenda materials), the
informational and educational material described in Paragraph 10, including that
which is required by this Agreement to be posted on the City's website, will be
translated into Vietnamese, Khmer, and Spanish, and any other languages required
by California Elections Code section 14201. The City will also provide interpreter
services in Vietnamese, Khmer, and Spanish, and any other languages required by
California Elections Code section 14201, at all Community Outreach Meetings and
Public Hearings detailed in Paragraphs 5 and 6. Upon request by any resident of the
City, the City shall make reasonable efforts to provide additional interpreter
services at all Community Outreach Meetings and Public Hearings for any other
language beyond those languages specified herein. All interpreters will be certified
court interpreters.
13. Future Redistricting.
The City's district boundaries shall be redrawn in accordance with the same
criteria set forth in this Agreement, except as may otherwise be required under
relevant law and provisions of the Santa Ana City Charter that do not violate the law.
14. Attorneys' Fees, Costs, and Expenses.
California Elections Code section 14030 mandates the award of attorneys'
fees, costs and expenses to prevailing plaintiffs in any action to enforce sections
14027 and 14028. The City agrees to pay Plaintiff an award of reasonable attorneys'
fees, litigation expenses, and costs in the amount of $265,000 in settlement for: (1)
all attorneys' fees and costs and expenses incurred in this case to date, and (2) all
attorneys' fees, costs or expenses that Plaintiff may incur in participating in the
mapping discussions, the Community Outreach Meetings, Public Hearings and/or
the execution of this Agreement and the execution or filing of the Stipulated
Judgment discussed herein. Any other attorneys' fees, costs and expenses incurred
relating to the CVRA lawsuit are deemed to be included within this $265,000 total
unless expressly excluded from this total as provided herein. The City shall pay to
Plaintiff's counsel the full amount of $265,000 within ten (10) days of execution of
this Agreement.
After execution of this Agreement by the Parties hereto, each Party shall bear
its own attorneys' fees, costs and expenses of whatever nature or cause, including,
without limitation, attorneys' fees, costs and expenses associated with the ballot
arguments, the ballot measure and the November 6, 2018 election, or participation
in the process of establishing the City's electoral districts. Exclusive of the $265,000
payment for attorneys' fees, costs and expenses provided herein, Plaintiff reserves
the right to seek attorneys' fees, costs and expenses as to enforcement of this
Agreement should Plaintiff contend that Defendants have not complied with the
terms of this Agreement. In the event Plaintiffs must resume litigation for non-
compliance with this Agreement, Plaintiffs shall be entitled to seek all fees and costs
expended in furtherance of this lawsuit incurred from the date of execution of this
Agreement, up to and including any fees incurred by Plaintiff in connection with
filing a motion for attorney's fees.
15. Stay of Proceedings.
Upon execution of this Agreement, the parties shall submit a stipulation and
proposed order to the Court requesting that all litigation related to the above
captioned lawsuit between the Parties shall be suspended and the above -entitled
action stayed until a date certain after the November 6, 2018 election, at which date
the action shall be dismissed within ten (10) days (if the ballot measure passes, and
subject to this Court's retention of jurisdiction pursuant to this Agreement), or the
Stipulated Judgment shall be filed (if the ballot measure does not pass) as detailed in
Paragraph 8. The Parties shall execute a stipulation to the effect that the matter may
be stayed between the date of the execution of this Agreement and the November 6,
2018 election. This litigation bar does not apply to other litigation activities
9
required to effectuate this Agreement, litigation activities ordered by the Court, and
any potential motion for enforcement -related attorneys' fees and costs referenced in
Paragraph 14.
16. Amendments to be in Writing.
No supplement, modification, waiver, or amendment with respect to this
Agreement and its exhibits shall be binding unless executed in writing and signed by
the Party against whom enforcement of such supplement, modification, waiver or
amendment is sought.
17. Full Integration.
All agreements, covenants, exhibits and representations, oral or written, of
the Parties concerning the subject matter of this Agreement are contained herein.
No other agreements, covenants, exhibits or representations, oral or written, have
been made by any Party to any other Party concerning the subject matter of this
Agreement. All prior and contemporaneous conversations, negotiations, possible
and alleged agreements, representations, exhibits and covenants concerning the
subject matter of this Agreement are merged herein. This is a fully integrated
document.
18. Further Actions.
The Parties hereto agree to execute all further and additional documents, and
undertake such further acts, as shall be reasonable, convenient, necessary or
desirable to comply with the provisions of this Agreement, and the Parties further
agree to cooperate with each other to effectuate the intent of this Agreement.
19. Severability.
If any term or provision of this Agreement, or the application thereof, to any
persons or circumstances shall, to any extent, be held invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each such term or provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
20. Multiple Originals.
This Agreement may be executed in multiple counterparts, each of which so
fully executed counterpart shall be deemed an original. No counterpart shall be
deemed to be an original or presumed delivered unless and until the counterpart
executed by the other Party to this Agreement is in the physical possession of the
Party seeking enforcement thereof. The Parties expressly agree to permit the use of
electronic signatures to execute this Agreement.
10
21. No New Lawsuit.
Effective only upon the adoption of the Proposed Ordinance referenced in
Paragraph 6, and the payment of the attorneys' fees, cost, and expenses detailed in
Paragraph 14, Plaintiff agrees that she will not file another lawsuit asserting a claim
under the CVRA, the federal Voting Rights Act, the City's at -large electoral system, or
California Code of Civil Procedure § 1021.5 based on the facts alleged (or facts that
could have been alleged) in the Complaint in the CVRA Lawsuit. Nothing in this
paragraph shall be understood to limit Plaintiffs efforts to organize community
members to support passage of the ballot measure to convert the City's election
system to by -district elections. Furthermore, nothing in this paragraph shall be
understood or construed to limit Plaintiffs right to pursue litigation to enforce the
terms of this Agreement or the Stipulated judgment referenced in Paragraph 8
herein.
22. Release of Claims.
Effective only upon the adoption of the Proposed Ordinance referenced in
Paragraph 6, and the payment of the attorneys' fees, cost, and expenses detailed in
Paragraph 14, the Parties, for themselves and their past, present or future heirs,
beneficiaries, executors, administrators, officers, employees, directors, agents,
partners, successors and assigns, including past, present or future City Council
members and Mayors ("Releasors"), do hereby fully release, acquit, waive and
forever discharge one another, including their heirs, beneficiaries, executors,
administrators, officers, employees, directors, agents, partners, successors and
assigns, and their past, present or future City Councilmembers and Mayors,
("Releasees"), from any and all claims, actions, causes of action, factual allegations,
demands (including without limitation demands for equitable and injunctive relief,
debts, damages, costs, expenses including expert fees, losses, or attorney's fees) for
any and all claimed violations of the federal Voting Rights Act, the CVRA, the City's
at -large electoral system, or California Code of Civil Procedure § 1021.5 ("Claims")
arising out of, based on, or related to the facts alleged (or facts that could have been
alleged) in the Complaint in the CVRA Lawsuit, which Claims the Releasors have or
may have against the Releasees, except for rights to enforce this Agreement, or as
otherwise provided herein. In this Paragraph, the conjunctive includes the
disjunctive.
23. Express Waiver of All Claims Under California Civil Code Section 1542.
It is further understood and agreed that this Agreement extends to all of the
above-described Claims and potential Claims as described in Paragraph 22, arising
out of, based on, or related to the facts alleged (or facts that could have been
alleged) in the Complaint in the CVRA Lawsuit, and that all rights under California
Civil Code §1542 are hereby expressly waived by the Parties for themselves and the
other Releasors with respect to all such Claims. Section 1542 provides as follows:
11
A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time
of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.
Notwithstanding these provisions of Section 1542, Plaintiff and Defendants
expressly acknowledge that this Agreement is intended to include in its effect,
without limitation, all Claims as described in Paragraph 22, arising out of, based on,
or related to the facts alleged (or facts that could have been alleged) in the
Complaint in the CVRA Lawsuit, which they do not know or suspect to exist in their
favor at the time of execution hereof and that the settlement reflected in this
Agreement contemplates the extinguishment of all such Claims, except for rights to
enforce this Agreement and the reserved right to seek related attorney's fees and
costs referenced in Paragraph 14, above.
24. Non -admission of Liability.
This Agreement is not intended to be, and shall not be construed as an
admission by any Party of any violation of any statute or law or constitution, or any
other improper or wrongful conduct. Nothing in this provision is intended to or
shall be interpreted to affect the filing or entry of the Stipulated judgment if the
conditions for its filing have otherwise been met.
25. Interpretation.
The interpretation of this Agreement shall be governed by the laws of the
State of California and any applicable laws of the United States. This Agreement shall
be construed as though jointly prepared by the Parties and any uncertainty or
ambiguity shall not be construed against any one Party.
26. Admissibility of this Agreement and Retention of Jurisdiction.
This Agreement constitutes a compromise of disputed claims and shall not be
treated as an admission of liability, or the appropriateness of any remedy had
liability been adjudicated, by any of the Parties at any time or for any reason. This
Agreement shall not be admissible in any legal or administrative proceeding,
including proceedings between either or both Defendants and the Plaintiff or
proceedings involving either or both Defendants and any other Party.
Notwithstanding the generality of the foregoing, the Parties agree that once it is
signed by the Parties, this Agreement shall be fully binding and admissible in any
judicial or administrative proceeding: (a) to enforce the terms of this Agreement
pursuant to California Code of Civil Procedure § 664.6 or otherwise; (b) for breach
of this Agreement's provisions; (c) and to prove the fact and terms of settlement. It
is further agreed that the Court shall retain jurisdiction to enforce the terms of this
Settlement Agreement pursuant to California Code of Civil Procedure § 664.6.
12
27. Representation by Counsel.
Each of the Parties expressly acknowledges and represents that she/it has
been represented by counsel in the negotiations culminating in this Agreement.
Each of the Parties has read this Agreement, reviewed the same with counsel, and
fully understands the meaning and effect of each and every provision of this
Agreement, in particular the meaning and effect of the releases and the waiver of
rights under California Civil Code § 1542 contained in Paragraph 23 above. The
signatories below also represent that they each have authority to execute this
Settlement Agreement on behalf of the Party for whom/which they are signing.
Date: September 2018 THERESA LE
`
Plaintiff
APPROVED AS TO FORM:
1I✓ �f� (�✓ Date: September IZ 2018
Deanna Kitamura
Nicole Gon Ochi
EVINWIFENVIV01111167.►
ADVANCING JUSTICE -LOS
ANGELES
A-- Date: September L?, 2018
Jose F. Sanchez
Bridget Johnsen
Sean A. Commons
Lauren M. De Lilly
SIDLEY AUSTIN LLP
Attorneys.lor Plaintiff Theresa Le
Date: September 2018
13
CITY OF SANTA ANA
42 -✓t , —f)n Al
Raul Godinez II v
City Manager, City of Santa Ana
Defendant
Date: Sept tar er _, 2018
ATTEST:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
APPR VEDAS TO FORM:
I
imberly all Barlow
JONES & MAYER
3777 N. Harbor Blvd.
Fullerton, CA 92835
(714)446-1400
Attorneys for Defendants City of
Santa Ana and Maria D. Huizar
MARIA D. HUIZAR
Clerk of the Council, City of S to
Ana
Defendant
Date: SeptembeaT, 2018
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Deanna Kitamura, SBN 162039
dkitamura@advancingjustice-la.org
Nicole Gon Ochi, SBN 268678
nochi@advancingjustice-la.org
ASIAN AMERICANS ADVANCING
JUSTICE -LOS ANGELES
1145 Wilshire Blvd., 2nd Floor
Los Angeles, CA 90017
Telephone: 213-977-7500
Facsimile: 213-977-7595
Jose F. Sanchez, SBN 161362
jsanchez@sidley.com
Bridget S. Johnsen, SBN 210778
bjohnsen@sidley.com
Sean A. Commons, SBN 217603
scommons@sidley.com
Lauren M. De Lilly, SBN 301503
ldelilly@sidley.com
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, California 90013
Telephone: 213-896-6000
Facsimile: 213-896-6600
Attorneys for Plaintiff
Theresa Le
E OU- V
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
CENTRAL JUSTICE CENTER
THERESA LE, ) Case No. 30-2018-00988425-CU-CR-CJC
Plaintiff, )
V.
CITY OF SANTA ANA and MARIA D.
HUIZAR, City of Santa Ana Clerk of the
Council, in her official capacity,
Defendants.
[PROPOSED] STIPULATED JUDGMENT
AND FINAL ORDER
Complaint Filed: April 25, 2018
Judge: Honorable Derek W. Hunt, Dept. C23
[PROPOSED] STIPULATED JUDGMENT AND FINAL ORDER
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED JUDGMENT
The following Stipulated Judgment is entered into by and between Plaintiff Theresa Le
("Plaintiff'), and Defendants City of Santa Ana ("City") and Maria D. Huizar ("Huizar"), City of
Santa Ana Clerk of the Council ("Defendants" and together with Plaintiff, the "Parties").
WHEREAS, Plaintiff is a registered voter in the City and a member of the Santa Ana Asian -
American community. As such, Plaintiff is a member of a protected class under the California
Voting Rights Act ("CVRA"), California Elections Code §§ 14205-14032.
WHEREAS, the City is an incorporated municipality situated within the County of Orange.
The City is governed by a City Council, which consists of six council members who are elected at -
large, and a mayor who is also elected at -large. The City is a charter city created for the provision
government services and is subject to the CVRA. Cal. Elec. Code § 14026(c).
WHEREAS, Defendant Huizar was sued in her official capacity as the City's Clerk of the
Council. The Clerk of the City Council is the local elections official in the City and coordinates
the Court of Orange to conduct municipal elections.
WHEREAS, on March 6, 2018, counsel for Plaintiff mailed a written notice to Defendant
Huizar, asserting that the City's at -large voting system violates the CVRA. The City did not
to Plaintiff s written notice within forty-five days, as provided in California Elections Code section
10010(e)(2).
WHEREAS, on April 25, 2018, Plaintiff filed the above -captioned lawsuit alleging that the
current at -large method of electing Council Members in the City violates the CVRA.
WHEREAS, on or around September 4, 2018, the Parties entered into a Settlement
Agreement that provided for a ballot measure to be submitted to the voters of the City during the
November 6, 2018 election to transition to a by -district election system from an at -large voting
system ("Ballot Measure"). In the event that a majority of the voters of the City failed to pass the
Ballot Measure, the Settlement Agreement permits the Plaintiff to file this Stipulated Judgment to be
entered as an Order of the Court.
WHEREAS, on November 6, 2018, the Ballot Measure failed to pass and was defeated.
[PROPOSED] STIPULATED JUDGMENT AND FINAL ORDER
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, the Parties seek to remedy violations of the CVRA caused by the City's
existing at -large method of electing Council Members, including the alleged existence of racially
polarized voting in at -large Council Member elections and the alleged dilution of the voting strength
of the City's Asian -American voters in at -large Council Member elections.
THE PARTIES AGREE AS FOLLOWS:
Jurisdiction. This Court has jurisdiction over Plaintiffs claims for declaratory and
injunctive relief under the CVRA. Cal, Elec. Code § 14032. The City is situated in the County of
Orange, where Plaintiff resides. Cal. Civ. Proc. Code § 395(a). This Court has jurisdiction over the
Parties and subject matter of this action. Furthermore, pursuant to section 664.6 of the California
Code of Civil Procedure, the Parties agree that this Court shall retain jurisdiction over this matter to
enforce the provisions of the Stipulated Judgment and to award further relief as may be appropriate.
Adoption of Ordinance to Transition to By -District Elections. Currently, § 400
the City's Charter requires a hybrid at -large voting system where City Council Members must reside
within the ward the Council Member represents, but the Council Member is elected at -large by
voters in the City. The current at -large voting system allegedly does not comply with the provisions
of the CVRA prohibiting racially polarized voting and has resulted in the dilution of the voting
strength of the Asian American voters. In order to bring the City's election system into compliance
with the CVRA, § 400 of the City's Charter establishing the City's at -large voting system is declarec
invalid. In its stead, the City Council shall adopt an Ordinance establishing by -district elections of
City Council Members in accordance with Paragraph 8 of the Parties' Settlement Agreement and an)
other applicable provisions contained therein.
3. Date of By -District Elections. The City Council shall adopt such post-election
Ordinance, which shall detail the City's transition to by -district elections in 2020 and 2022 using the
map that was selected by the City Council following the Community Meetings and Public Hearings
required by the Settlement Agreement. In the event that the City Council has not adopted a final
electoral district map, the Ordinance shall include, and the City agrees to undertake, all actions
necessary to adopt a new electoral district map using a process comparable to the process agreed
upon by the Parties in the Settlement Agreement. The Ordinance shall be introduced at the next
[PROPOSED] STIPULATED JUDGMENT AND FINAL ORDER
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
regularly scheduled City Council meeting following entry of this Stipulated Judgment by Court
order. Thereafter, electoral district lines shall be adjusted only as required by law and as set forth in
California Elections Code section 21620. Consistent with California Elections Code section
10010(b), based on the new district boundaries adopted by the City Council for by -district elections,
the district with the highest percentage of Asian -American citizens of voting age shall be designated
among the three districts subject to election on November 3, 2020 (Districts 1, 3 and 5); by -district
elections for Districts 2, 4, and 6 will occur on November 1, 2022. Also, in accordance with the
terms of this Agreement, any special elections for Districts 1, 3, and 5 occurring after November 3,
2020 shall be by -district, and any special elections for Districts 2, 4, and 6 occurring after November
1, 2022 shall be by -district. Consistent with the City Charter, Council Members shall serve for a
term of four (4) years.
4. Future Redistricting. The City's electoral district boundaries shall be redrawn in
accordance with the provisions of this Stipulated Judgment, relevant law, and the provisions of the
Santa Ana City Charter that do not violate the law.
Order of the Court. Upon the filing of this Stipulated Judgment, Judgment shall be
entered in the above -captioned matter against Defendant City of Santa Ana and in favor of Plaintiff,
Theresa Le. Defendant Huizar is dismissed as a Party. The City of Santa Ana's at -large Council
Member election system, and corresponding provisions of § 400 of the City's Charter, violate the
California Voting Rights Act, and the City's election system must be immediately transitioned to by
district elections, notwithstanding any part of § 400 of the City's Charter to the contrary.
6. Continuing Jurisdiction. This Stipulated Judgment has been voluntarily entered
into by the Parties to this litigation, has been approved by the Superior Court of the State of
California, County of Orange as to its form and substance, and is entered as an Order of the Court.
The Court shall retain jurisdiction to enforce the provisions of this Stipulated Judgment.
Amendments to be in Writing. No supplement, modification, waiver, or
amendment with respect to this Stipulated Judgment shall be binding unless executed in writing and
signed by the party against whom enforcement of such supplement, modification, waiver or,
amendment is sought.
[PROPOSED] STIPULATED JUDGMENT AND FINAL ORDER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
S. Full Integration. All agreements, covenants, and representations, oral or written, of
the Parties concerning the subject matter of this Stipulated Judgment are contained herein and in the
Parties' previously executed Settlement Agreement. No other agreements, covenants, or
representations, oral or written, have been made by any party to any other party concerning the
subject matter of this Stipulated Judgment except the Settlement Agreement. All prior and
contemporaneous conversations, negotiations, possible and alleged agreements, representations, and
covenants concerning the subject matter of this Stipulated Judgment are merged herein. This is a
fully integrated document.
9. Further Actions. The Parties hereto agree to execute all further and additional
documents, and undertake such further acts, as shall be reasonable, convenient, necessary or
desirable to comply with the provisions of this Stipulated Judgment, and the Parties further agree to
cooperate with each other to effectuate the intent of this Stipulated Judgment.
10. Severability. If any term or provision of this Stipulated Judgment, or the application
thereof, to any persons or cncwustatxces shall, to any extent, be held invalid of unenforceable, the
remainder of this Stipulated Judgment, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each such term or provision of this Stipulated Judgment shall be valid and be enforced
to the fullest extent permitted by law.
11. Multiple Originals. This Stipulated Judgment may be executed in multiple
counterparts, each of which so fully executed counterpart shall be deemed an original. No
counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart
executed by the other party to this Stipulated Judgment is in the physical possession of the party
seeking enforcement thereof.
IN WITNESS THEREOF, the undersigned have caused this Stipulated Judgment to be executed.
Date: September Lt2018
THERESA LE
Plaintiff
5
[PROPOSED] STIPULATED JUDGMENT AND FINAL ORDER
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
APPROVED AS TO FORM:
JAAN ,L 1j&i4gb2t✓1-/
Deanna Kitamura
Nicole Gon Ochi
ASIAN AMERICANS ADVANCING
JUSTICE -LOS ANGELES
Date: September iv 2018
Date: September)S, 2018
Jose
Bridget Johnsen
Lauren M. De Lilly
SIDLEY AUSTIN LLP
Attorneys for Plaintiff Theresa Le
Date: September 2018
Date: Sep�rabnrr _; 2018
ATTEST:
Maria D. Huizar
Clerk of the Council, City of Santa Ana
APP OVED AS TO FORM:
Kimberly HAf Barlow
JONES & MAYER
3777 N. Harbor Blvd.
Fullerton, CA 92835
Attorneys for Defendants City of Santa
Ana and Maria D. Huizar
CITY OF SA
�TA ANA
r
Rau Godinez I, 'ity Manager
City of Santa An, Defendant
Clerk of the Council,
City of Santa Ana, Defendant
Date: September, 2018
[PROPOSED] STIPULATED JUDGMENT AND FINAL ORDER
y
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[PROPOSEDI ORDER
Upon the stipulation of the parties hereto and upon their agreement to entry of this Stipulated
Judgment without trial or adjudication of any issue of fact or law herein, and good cause appearing
therefore, IT IS SO ORDERED.
Date:
Hon. Derek W. Hunt
[PROPOSED] STIPULATED JUDGMENT AND FINAL ORDER