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HomeMy WebLinkAboutD-1 Staff Report - Azusa CVRA By-District Elections Public Hearing 1PUBLIC HEARING/SCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MARCO A. MARTINEZ, CITY ATTORNEY DATE: NOVEMBER 6, 2023 SUBJECT: INTRODUCTORY PUBLIC HEARING NO. 1 - CONSIDER AND DISCUSS COMPOSITION OF VOTING DISTRICTS FOR BY-DISTRICT ELECTIONS IN COMPLIANCE WITH THE CALIFORNIA VOTING RIGHTS ACT BACKGROUND: The City of Azusa currently elects its four-member City Council and directly-elected Mayor through an “at-large” electoral system in which each Council Member (and Mayor) may reside anywhere within the City’s boundaries, and each member is elected by the voters of the entire electorate to provide Citywide representation. This is in contrast to a “by district” electoral system where the City is divided into geographical districts, each Council candidate must reside in the district he or she will represent, and only voters within a given district vote for that district’s Council Member. In such systems, the City can elect to have the Mayor remain as a separately- elected at-large position or rotate among all council members. The California Voting Rights Act (“CVRA”) became law in 2003. It provides instructions for transitioning from a jurisdiction from an at-large election system to a different system, typically a by-district or by-division election system. On March 28, 2022, the City Council adopted Resolution No. 2022-C26, declaring its intention to transition from an at-large electoral system to a by-district electoral system, before the November, 2024 General Municipal Election. This introductory hearing represents the first in a series of hearings required by the CVRA. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1) Conduct the introductory public hearing to receive and consider any public input; and 2) Provide further direction to City staff. Approved City Council November 6, 2023 Introductory Public Hearing to Consider Composition of Voting Districts for By-District Elections November 6, 2023 Page 2 ANALYSIS: Procedure to Transition to By-District Elections The CVRA requires the City to follow certain procedural steps in order to transition to a different voting system. The steps include: 1. Adoption of Resolution of Intention. To start the process, the City Council adopts a resolution outlining its intent to transition from an at-large to a district-based election and discussing the steps it will undertake to facilitate the transition. As noted above, the Council adopted such a Resolution on March 28, 2022. 2. Public Hearing Prior to Drawing of District Map. Before adopting district-based maps for future elections, the City must first prepare a draft map or maps. However, before drawing a map, the City must hold at least two (2) public hearings over a period of no more than 30 days. The public must be invited to provide input regarding the districts’ composition. This hearing satisfies one of the hearing requirements. 3. Preparation of Map(s). After the City has held two (2) public hearings, it may direct the preparation of one or more electoral (district) maps. Each district must be as nearly equal in population, using the data from the most recent census. The districts must also be prepared in compliance with specific State and federal requirements, including consideration of communities of interest and natural geographic boundaries. The composition of each district must be developed carefully to ensure that minority votes are not diluted. Dilution may occur through “cracking,” which occurs when the minority community is fragmented across several districts to prevent the minority community from winning enough seats to gain a majority. Dilution may also occur through “packing,” which occurs when a minority community is concentrated into one or two districts where their votes would cause preferred candidates to win by an overwhelming majority. 4. Timing and Sequence of Elections. During one of the hearings, the Council would also need to establish the timing and sequence of district elections. The change to district boundaries cannot not affect the terms of any incumbents. Following the first district-based election in November, 2024, the Council would be comprised of approximately half of its members elected by a district and approximately half of its members elected City-wide. The remaining at-large members would transition to by-district seats in November, 2026. 5. Public Hearings for Map Consideration. After the draft map(s) have been prepared, the City must publish and make them available to the public. The City must also show the staggered terms of office and the potential sequence of the elections. The Council must hold at-least two additional public hearings over a period of no more than 45 days during which the public will be invited to provide input regarding the draft map(s) Introductory Public Hearing to Consider Composition of Voting Districts for By-District Elections November 6, 2023 Page 3 and sequence of elections. The first draft map must be published at least seven (7) days before it is considered at a public hearing. If the map is revised at or during a hearing, it must be published again and made available to the public for at least seven (7) days before being adopted. 6. Map Adoption. The Council, after selecting a map and choosing the timing and sequence of the election, would then adopt an ordinance providing for district elections, approve the map, and begin implementing by-district elections. For Azusa, the first by-district election will occur at the November 2024 General Municipal Election. Tonight’s Actions Tonight’s hearing is the first of the two pre-map hearings, with the second scheduled for December 4, 2023. Tonight, the City Council may provide direction on the following: 1. How many maps should staff analyze and prepare? (Example: four districts with at-large mayor, five districts, seven districts). 2. Should staff prepare a ballot measure ordinance for placement on the March 5, 2024 ballot to authorize maps that eliminate the separately-elected Mayor? 3. What other public outreach efforts should be considered? As noted above, the map drawing process by the City begins after the initial two (2) public hearings. Once the maps are prepared, staff will present the draft map or maps for public comment and review in two (2) subsequent public hearings. The proposed maps will be provided at least seven days prior to each of these public hearings. The third and fourth public hearings are tentatively scheduled in January and February of 2024. At these hearings, the Council will also need to determine the “sequencing” of the elections. This means that the Council will need to decide which districts will first have their elections in November of 2024 and which will wait until November of 2026. Directly-Elected vs. Rotational Mayor One aspect of this process that is specific to Azusa is its current separately-elected Mayor provision. In the event the City Council elects to continue with a directly-elected (at-large) Mayor, no further action on the Mayoral process is necessary and the final, adopted electoral map would include four voting districts for the other Councilmembers. However, should the Council wish to adopt a five-district plan (and by default adopt a rotational Mayor system), California Government Code section 34902(b) provides that a separate ballot measure is needed to eliminate the directly- elected Mayor position. In order to comply with this provision and be effective in time for the November, 2024 election, any such desired ballot measure must be placed on the March 5, 2024 presidential primary election ballot for consideration by Azusa voters. After certification of the election results (typically early- to mid-April), the City Council would then either adopt an appropriate four-district map plus directly-elected Mayor (should the measure fail) or five-district map with rotational Mayor district plan (should the measure pass). The deadline to place a measure Introductory Public Hearing to Consider Composition of Voting Districts for By-District Elections November 6, 2023 Page 4 on the March 5th , 2024 ballot is December 8, 2023. It is estimated that such a ballot measure would cost the City over $125,000 in election costs. It should be noted that some legal observers believe that a credible argument exists that would authorize the elimination of the City’s separately-elected Mayor position and authorize the use of a five-district map (with a rotational mayor) without placing the matter on the ballot. The theory is that the provisions of the CVRA supersede any conflicting provisions in existing law (i.e. Government Code, Section 34902(b).) Since the CVRA was adopted by the Legislature in 2003 and any conflicting laws were already in existence, the Legislature intended the CVRA to override any conflicting law. However, we are not aware of any case law interpreting this approach. In addition, some legal observers believe that maintaining even one at-large district could be contrary to the goals of the CVRA. Future Hearings & Public Engagement All hearings will be held in the City Council Chambers, located in the Azusa Auditorium, 213 East Foothill Boulevard, Azusa, CA 91702. For additional information, visit the City’s Transition to Districts webpage, at https://www.azusaca.gov/2024-Districting-Process To increase public awareness of the transition to district elections, the City will use a variety of public communication channels to engage members of the community. Districting information will continue to be featured on the City’s website at the following web address: https://www.azusaca.gov/2024-Districting-Process. In addition, the City’s website will be populated with information about how the public can participate and also provide answers to frequently asked district questions. The next public hearing for the Council to receive and consider input from the public concerning the composition of voting districts is scheduled for December 4, 2023. The public is also encouraged to provide input via email to districting@azusaca.gov, to drop it off at City Hall, or mail it to the City Clerk. FISCAL IMPACT: No additional costs are connected to this step of the CVRA districting endeavor. Prepared by: Reviewed by: Marco A. Martinez Adrian Garcia, MMC City Attorney Chief Deputy City Clerk Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager