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Home My WebLink AboutOrdinance No. 2024-01 Establishing By District Elections-c1ORDINANCE 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: The City of Azusa currently elects four Council Members and a separately-elected Mayor using an at-large election system. 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. 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). 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. 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). 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. A. B. C. D. E. F. 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. G. On January 16, 2024 and February 20, 2024, the City Council held a two public hearings to begin reviewing the proposed maps. H. 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. 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. I. J. 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. 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. (a) 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. 1. 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. 2. 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. 3. 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 coiporate boundaries of the City. A person appointed or elected to fill such a vacancy shall hold the office in accordance with State law. City Council Districts and District Elections. All five Councilmembers shall be elected on a “by-districf ’ basis from the Council districts shown and numbered on the map titled ‘City of Azusa District Man' 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. (b) 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.” (c) 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 Chances. 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 18'^ day of March 2024. C Robert wnzales Mayor ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF AZUSA ) ) ss. ) 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 4“* day of March 2024, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the 18'*’ day of March, 2024, by the following vote of the Council: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH COUNCILMEMBERS: AYES: NOES: ABSENT: COUNCILMEMBERS City Cler APPROVED AS TO FORM: \Best,Eest & Krieger,\fLP City Attorney EXHIBIT A City of Azusa District Map -i- San Gatmeiftvef Trail ;sa Wilderness Park tfxy'at'tf closed 9Azusa Trail Rest Area t2'*v .< 1 <. 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