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HomeMy WebLinkAboutD-1 Staff Report - Azusa CVRA PH 5 -First Reading OrdinancePUBLIC 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: MARCH 4, 2024 SUBJECT: PUBLIC HEARING – FIRST READING OF ORDINANCE ESTABLISHING BY- DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, SCHEDULING ELECTIONS; AND CHANGING THE OFFICE OF MAYOR FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE, PURSUANT TO THE CALIFORNIA VOTING RIGHTS ACT BACKGROUND: The California Voting Rights Act (“CVRA”) became law in 2003. It provides instructions for transitioning 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 its current at-large electoral system to a by- district electoral system. On November 6, 2023 and December 4, 2023, the City Council conducted the first two of four (4) required hearings to receive public input on the transition. At those hearings, the City Council received public input and discussed the various demographic and map options they wished staff and the City’s consultant demographer to study. With that analysis complete, the City Council conducted public hearings to review the draft maps on January 16, 2024 and February 20, 2024. At its meeting of February 20, the Council also determined the electoral maps should consist of five districts with a rotational mayor. The hearing tonight represents the fifth public hearing, and third hearing to review draft maps and accept additional comments with the goal of having a final district map adopted in time for the November, 2024 General Municipal Election. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: Approved City Council March 4, 2024 CVRA Ordinance March 4, 2024 Page 2 1) Conduct a public hearing to receive and consider any public input and provide any further direction; and 2) Waive first reading, read by title only and introduce the following Ordinance No. 2024- 01: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING SECTIONS 2-26, 2-27 AND 2-31 OF DIVISION I OF ARTICLE II OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS; AND CHANGING THE OFFICE OF MAYOR FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE, PURSUANT TO THE CALIFORNIA VOTING RIGHTS ACT ANALYSIS: Previous staff reports described the milestones required and taken pursuant to the CVRA. These included: 1. The Adoption of a Resolution of Intention. The Council adopted such Resolution on March 28, 2022. 2. Two Public Hearings Prior to Drawing of District Maps. These hearings were conducted on November 6, 2023 and December 4, 2023. 3. Preparation and Review of Map(s). These were presented on January 16, 2024. At that time, the Council directed staff and its demographic consultants to focus on maps reflecting five (5) voting districts. 4. Tentative Selection of Preferred Map. At the February 20, 2024 hearing the Council reviewed four additional maps, selected Map No. 5.7 as the preferred map and directed staff, the City Attorney and its demographic consultant to prepare an ordinance to adopt the changes and sequencing of elections. Map Adoption and Changes Proposed in Ordinance In accordance with Council direction at previous hearings, the ordinance implementing the changes in compliance with the CVRA proposes the following: 1. Adopts Map No. 5.7 as the preferred map showing five (5) district boundaries. 2. Establishes the following election sequence: A. Districts 2, 4 and 5 will be up for election in November of 2024; and B. Districts 1 and 3 will we up for election in November of 2026. 3. Removes provisions currently in the Municipal Code (A.M.C. Sec. 2-31) setting a different salary process for the Mayor. Pursuant to Government Code section CVRA Ordinance March 4, 2024 Page 3 36516.1, only a separately-elected Mayor may receive compensation that is different from other Councilmembers. If the City changes to a five-district structure, all Councilmembers would receive the same salary in accordance with applicable law. Public Engagement To increase public awareness of the transition to by-district elections, the City uses 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://azusaca.gov/2028/Districting-Establishing-2024-Voter-Dist. The City’s website is populated with information about how the public can participate and also provides answers to frequently asked districting questions. In addition, the link to the online mapping tool was provided on December 5, 2023, and the public submitted a total of five maps for evaluation and Council’s consideration. FISCAL IMPACT: No additional costs are connected to this step of the CVRA districting endeavor. Prepared by: Reviewed and Approved by: Marco A. Martinez Sergio Gonzalez City Attorney City Manager Attachments: 1.Draft Maps with Demographic Analysis 2. Proposed Ordinance District Total Population Raw Population % Population Latino NL White Alone NL Black Alone NL AIAN Alone NL Asian Alone NL Hawaiian Alone NL Other Alone NL 2+ Races CVAP19 Total CVAP19 NL White CVAP19 NL Black CVAP Hispanic CVAP19 Not Hispanic CVAP19 NL AIAN CVAP19 NL ASIAN CVAP19 NL Hawaiian CVAP19 NL Other 1 9,991 -50 -0.50%5,407 2,311 388 26 1,495 14 59 291 6,333 2,170 331 2,947 3,375 18 721 -14 2 10,034 -7 -0.07%3,514 2,839 419 19 2,823 30 51 339 8,822 3,964 431 2,350 6,523 18 1,713 25 80 3 10,020 -21 -0.21%7,965 816 165 33 847 2 59 133 5,940 668 223 4,361 1,616 -616 -3 4 10,066 25 0.25%7,474 781 347 14 1,272 17 38 123 5,883 738 338 4,003 1,921 1 809 18 3 5 10,093 52 0.52%7,777 1,029 323 22 750 2 35 155 5,728 855 161 4,303 1,415 -337 -4 Total 50,204 32,137 7,776 1,642 114 7,187 65 242 1,041 32,706 8,395 1,484 17,964 14,850 37 4,196 43 104 Ideal 10,041 Deviation 1.02% Map 5.7 Proposed Election Sequence: Districts 2, 4 & 5 – November, 2024 Districts 1 & 3 – November, 2026 Attachment 1 ORDINANCE NO. 2024-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING SECTIONS 2-26, 2-27 AND 2-31 OF DIVISION 1 OF ARTICLE II OF CHAPTER 2 OF THE AZUSA MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS; AND CHANGING THE OFFICE OF MAYOR FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE, PURSUANT TO THE CALIFORNIA VOTING RIGHTS ACT THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council of the City of Azusa hereby determines as follows: A.The City of Azusa currently elects four Council Members and a separately-elected Mayor using an at-large election system. B.The City Council has determined that it is in the best interest of the City to shift from its current at-large election system to a by-district election system . C.On March 28, 2022 the City Council adopted Resolution No. 2022-C26, a resolution declaring the City’s intention to transition from at-large to district-based elections pursuant to the California Voting Rights Act (California Elections Code Section 10010). D.California Government Code section 34886 permits the City Council to change the City’s method of election by ordinance and without an election to a five-member “by-district” system without a separately-elected at-large Mayor, in which each Councilmember is elected only by the voters in the district in which the candidate resides. E.Pursuant to California Government Code section 34886, it is declared that the purpose of the change in the method of electing members of the City Council of the City of Azusa made by this Ordinance is to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in the California Voting Rights Act (Sections 14025 through 14032 of the California Elections Code). F.The City engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps. G.In accordance with Elections Code section 10010, the City Council held two “pre- map” public hearings to obtain input on any proposed district boundaries on November 6, 2023 and December 4, 2023. H. On January 16, 2024 and February 20, 2024, the City Council held a two public hearings to begin reviewing the proposed maps. Attachment 2 I. On March 4, 2024, the City Council held a fifth public hearing to select a map for adoption and introduced, read by title, and waived further reading of this Ordinance. J. The purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of the Members of the City Council of the City of Azusa by-district in five single-member districts as reflected in Exhibit A to this Ordinance. SECTION 2. Amendment. Section 2-26 of Division I, Article II, Chapter 2, of the Azusa Municipal Code is hereby amended as follows: “Sec. 2-26. - Composition; election. (a) Commencing with the November 5, 2024 General Municipal Election, the city council shall consist of five city councilmembers, all of whom shall be elected at the time and in the manner provided by law. The office of Mayor in the City of Azusa shall cease to be a separately-elected office and shall become an appointive office, and the city council of five members shall annually choose one of its members to act as Mayor, through those rules and procedures it may prescribe by ordinance or resolution. (b) The successors of all initial officers will be elected by the city electors at a general municipal election.” SECTION 3. Amendment. Section 2-27 of Division I, Article II, Chapter 2, of the Azusa Municipal Code is hereby replaced in its entirety as follows: “Sec. 2-27 – By-District Elections. (a) By-District Elections. Pursuant to California Government Code section 34886, commencing with the November 5, 2024 General Municipal Election, members of the City Council of the City of Azusa shall be elected by-district in five (5) single-member districts. 1. Members of the City Council shall be elected in the electoral districts established by subdivision (b) of this Section and subsequently reapportioned as provided by State law. Elections shall take place “by-district” as that term is defined in California Government Code section 34871, meaning one Councilmember shall be elected from each district, by the voters of that district alone. 2. A Councilmember elected or appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued. 3. Termination of residency in a district by a Councilmember shall create a vacancy for that City Council district unless a substitute residence within the district is immediately declared and established within thirty (30) days after the termination of residency. 4. Notwithstanding any other provision of this Section, the Councilmembers elected at-large and in office at the time this Section takes effect shall continue in office until the expiration of the term to which he or she was elected. In the event a vacancy occurs before the expiration of the at-large elected term of a Councilmember in office at the time this Section takes effect, a person who is appointed or elected by special election to fill such vacancy may reside anywhere within the corporate boundaries of the City. A person appointed or elected to fill such a vacancy shall hold the office in accordance with State law. (b) City Council Districts and District Elections. All five Councilmembers shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled ‘City of Azusa District Map’ attached as Exhibit A, a copy of which shall be on file in the City Clerk’s office. In 2024, and every four years thereafter, the following three City Council districts shall be elected by-district: District 2; District 4; and District 5. In 2026, and every four years thereafter, the following two City Council districts shall be elected by-district: District 1 and District 3. (c) Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.” SECTION 4. Amendment. Section 2-31 of Division I, Article II, Chapter 2, of the Azusa Municipal Code, providing for the salary of the separately-elected at-large Mayor, is hereby repealed in its entirety. SECTION 5. Technical District Changes. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts. SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Azusa hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid SECTION 7. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance PASSED, APPROVED, AND ADOPTED this _____ day of ______2024. ___________________________________ Robert Gonzales, Mayor ATTEST: __________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Ordinance No. 2024-01 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the 4th day of February 2024, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the ___ day of _______, 2024, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: Best, Best & Krieger, LLP City Attorney __________________________________ __________________________________ EXHIBIT A City of Azusa District Map [***INSERT MAP***]