HomeMy WebLinkAboutResolution No. 2022-C26RESOLUTION NO.2022-C26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA, COUNTY OF LOS ANGELES, DECLARING
ITS INTENTION TO TRANSITION FROM AT -LARGE TO
DISTRICT -BASED ELECTIONS BY THE NOVEMBER,
2024 GENERAL MUNICIPAL ELECTION PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION
10010(e)(3)(A), AND FINDING THIS TRANSITION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO STATE CEQA
GUIDELINES SECTIONS 15061(b)(3), 15320, AND
15378(b)(5)
WHEREAS, the City Council of the City of Azusa is an elected legislative and
deliberative public body serving the citizens of the City of Azusa, a California general law city;
and
WHEREAS, the Mayor and members of the City Council are elected in
November of even -numbered years (November, 2022, 2024, 2026, etc.); and
WHEREAS, the City presently has an at -large election system (where the entire
jurisdiction votes for each member of the City's governing body) rather than a by -district
election system (where the jurisdiction is divided into 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 Councilmember); and
WHEREAS, in 2003, the California Voting Rights Act ("CVRA") became law,
and the CVRA, in an attempt to prevent the disenfranchisement of protected classes of persons,
established a low bar for attorneys and other persons seeking to force cities and other public
entities to convert from at -large to by -district elections; and
WHEREAS, public agencies that have been sued under the CVRA have typically
been forced to pay large sums to settle with plaintiffs' attorneys; and
WHEREAS, the City Council desires to avoid the high costs and legal risks
associated with a CVRA lawsuit; and
WHEREAS, while the City has yet to receive a letter from a person demanding
that the City transition to by -district elections, the City is aware that other public agencies in the
area have received demand letters alleging that their at -large election systems diluted the ability
of certain protected classes of persons to elect candidates of their choice or to influence elections,
thereby violating the CVRA; and
WHEREAS, while the City has not yet received such a demand, the City Council
anticipates that such a demand will be made in the future and, therefore, desires to take proactive
means to avoid the high costs and legal risks associated with a CVRA lawsuit; and
WHEREAS, the City Council has determined that it is in furtherance of the
purposes of the CVRA to transition from at -large to district -based elections; and
WHEREAS, the City Council desires to declare its intention to adopt an
ordinance pursuant to Government Code section 34886 and Elections Code section 10010
transitioning from at -large to district -based elections for the next general municipal election,
establish specific steps it will undertake to facilitate this transition, and establish an estimated
time frame for doing so.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The City Council finds that all of the
foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the
City Council as if fully set forth herein.
SECTION 2. CEQA. Based upon the whole of the administrative record before
it, the City Council hereby finds that a transition from at -large to district -based elections is
exempt from environmental review under the California Environmental Quality Act ("CEQA")
(Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit.
14, § 15000 et seq.) sections 15061(b)(3), 15320, and 15378(b)(3). Adoption of this
Resolution is an organizational and administrative activity of the City, does not have the
potential to result in either a direct or reasonably foreseeable indirect physical change in the
environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§
15061(b)(3); 15378(b)(5).) In the event adoption of this Resolution does constitute a project, it
is categorically exempt under the Class 20 (Changes in the Organization of Local Governments)
categorical exemption. (State CEQA Guidelines, § 15320.) Further, none of the exceptions to
the exemptions found in State CEQA Guidelines section 15300.2 apply. Staff is hereby directed
to prepare, execute and file with the Los Angeles County Clerk a CEQA Notice of Exemption
within five (5) working days of the adoption of this Resolution.
SECTION 3. Intention to Transition to District -Based Election System. Prior to
the November 2024 General Municipal Election, the City Council intends to adopt an ordinance,
pursuant to Government Code section 34886 to transition the election of its Mayor and City
Council Members from an at -large electoral system to a district -based system.
SECTION 4. Instructions Related to Transition. Following the effective date of
this Resolution, taking into consideration the time required for public outreach and input, and the
timeframes established by the California Elections Code, the following actions shall be taken by
the City and the City Council in accordance with Elections Code section 10010(a):
(i) Conduct public outreach, including to non -English-speaking communities,
to explain the districting process and to encourage public participation;
(ii) Before drawing a draft map or maps of the proposed district boundaries,
hold at least two public hearings at which the public is invited to provide input regarding the
composition of the districts and to consider district boundaries as provided in Elections Code
Section 10010;
(iii) After drawing a draft map or maps, publish the draft map(s) and the
potential sequence of the district elections, and hold at least two public hearings at which the
public is invited to provide input regarding the content of the draft map or maps and the
proposed sequence of elections; and
(iv) Hold a public hearing at which the City Council will consider and adopt
an ordinance establishing district elections, including the adoption of a district boundary map and
the sequence of the district elections.
SECTION 5. Severability. If any provision or clause of this Resolution is held
invalid, unconstitutional, or otherwise repealed by act of law, such invalidity shall not affect any
other provisions or clauses of the same which can be given effect without the invalid provision,
clause, or application. To this end, the provisions and clauses of this Resolution hereto are
declared to be severable.
SECTION 6. Effective Date. This Resolution shall take effect immediately upon
adoption.
SECTION 7. Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Azusa this 28t' day of March, 2022
Robert Gonzales
Mayor
ATTEST:
a ce Conejo,
tv rk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2022-C26 was duly adopted
by the City Council of the City of Azusa, at a special meeting thereof held on the 28`h day of
March 2022, by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
J r ay ce Comejo, J .
City Clerk
APPROVED AS TO FORM:
Best Bej & Krieger, ALP
City Attorney