HomeMy WebLinkAboutF-1 Staff Report - Second Reading CVRA Ordinance No. 2024-01SECOND READING ITEM
F-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MARCO A. MARTINEZ, CITY ATTORNEY
DATE: MARCH 18, 2024
SUBJECT: SECOND 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 prepared by the demographer and submitted by members
of the public 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.
On March 4, 2024, the City Council held the final public hearing to take public input and
subsequently introduced the attached ordinance adopting a preferred map. Tonight’s action is to
consider the final adoption of the ordinance. If adopted, the ordinance will become effective in thirty
(30) days and will be used as the basis for all forthcoming City municipal elections.
Approved
City Council
March 18, 2024
CVRA Ordinance
March 18, 2024
Page 2
RECOMMENDATIONS:
Staff recommends that the City Council adopt 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
FISCAL IMPACT:
No additional costs are connected to this step of the CVRA districting endeavor.
Prepared by: Reviewed and Approved by:
Marco A. Martinez
City Attorney Sergio Gonzalez
City Manager
Attachments:
1. Draft Map with Demographic Analysis
2. 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 18th day of March 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 18th day of March, 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