AGENDA
SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL,
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
APRIL 8, 2024
City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Joy Jeannette, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Todd Litfin
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto Open Session: 11:00 a.m.
NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.
The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
• Teleconference
https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone:
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Submit written comments:
We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to 1 SPECIAL MEETING
APRIL 8, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.
Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.
When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.
If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)
MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS
ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.
2 SPECIAL MEETING
APRIL 8, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:
FLAG SALUTE: ______________________
B. DELETIONS/ADDITIONS TO AGENDA
C. APPROVAL OF AGENDA
D. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.
Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
E. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:
1. Approval Resolution No. 24-39 Expressing The City Council’s Intention To Initiate Procedures For Establishing And Implementing By-District Elections For City Council Members.
A. CALL TO ORDER—SPECIAL MEETING
3 SPECIAL MEETING
APRIL 8, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RECOMMENDATION: Staff recommends that the City Council approve Resolution No. 24-39 Expressing the City Council’s Intention To Initiate Procedures For Establishing And Implementing By-District Elections For City Council Members.
M__________________S__________________ACTION__________________ F. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 10, 2024 at 7:00 p.m.
TIME OUT:
M__________________S__________________ACTION____________________
I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,
HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON APRIL 6, 2024, AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.
Brenda Lopez, City Clerk, CMC
G. DECLARATION OF POSTING
4 SPECIAL MEETING
APRIL 8, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us
YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.
CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.
CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.
LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.
RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 5 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121
SPECIAL MEETING
OF THE ADELANTO CITY COUNCIL
ADELANTO PUBLIC FINANCING AUTHORITY,
ADELANTO PUBLIC UTILITY AUTHORITY,
ADELANTO COMMUNITY BENEFIT CORPORATION,
AND THE SUCCESSOR AGENCY BOARD
APRIL 8, 2024
All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
Participate via zoom please log in using any of the options below:
Teleconference https://us06web.zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09
TELECONFERENCE
To Participate and and Call in for public
comments:
Please call 1-669-900-6833 along with
conference code 931 4644 4676
Passcode: 7601
Dated: April 6, 2024 Brenda Lopez, City Clerk, CMC
TIME
Open Session – 11:00 a.m.
6 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: April 8, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Todd Litfin, City Attorney
SUBJECT: RESOLUTION NO. 24-39 EXPRESSING THE CITY COUNCIL’S INTENTION TO INITIATE
PROCEDURES FOR ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS FOR
CITY COUNCIL MEMBERS
STAFF RECOMMENDATION:
Staff recommends that the City Council approve Resolution No. 24-39 Expressing The City Council’s Intention To Initiate Procedures For Establishing And Implementing By-District Elections For City Council Members.
BACKGROUND:
Over the past several years, voting rights advocates have threatened many cities across the state alleging the cities violated the California Voting Rights Act (“CVRA”). (Elec. Code §§ 14025-14032.) In response, nearly all cities have voluntarily changed their method of electing City Councilmembers to district elections rather than face costly litigation.
The CVRA only applies to jurisdictions, like the City of Adelanto, that utilize an “at-large” election method where voters of the entire jurisdiction elect each of the members of the City Council. The threshold to establish liability under the CVRA is extremely low, and the CVRA allows prevailing plaintiffs to recover their attorneys’ fees and costs from a government defendant. As a result, almost every government defendant in the history of the CVRA that has fought the conversion to district elections has either lost in court, or settled and agreed to implement district elections. (There is a current case that was just recently decided by the California Supreme Court that was sent back down to the lower court for additional review.) Judgments or settlements have forced most defendants to pay at least some portion of the plaintiffs’ attorneys fees and costs. Most cities that chose to fight CVRA challenges through litigation have lost and incurred large dollar fee awards.
The CVRA was enacted in 2002 with the specific intent of eliminating several key burden of proof requirements that exist under the federal Voting Rights Act of 1965 (“FVRA”). (52 U.S.C. § 10301 et seq.) Before the enactment of the CVRA, several jurisdictions in California successfully defended themselves 7 in litigation brought under the FVRA.
Under the FVRA, four factors must be met in order to establish a violation, including: (1) the “geographically compact” FVRA precondition (e.g., can a majority-minority district be drawn?), and; (2) the “totality of the circumstances” or “reasonableness” test. The CVRA removes both of those factors.
Instead, under the CVRA, a plaintiff must establish racially polarized voting occurs in a jurisdiction with at-large elections and, separately, that this results in vote dilution.. As a result, the CVRA is tilted heavily in favor of plaintiffs’ attorneys, and was enacted with that specific intent in mind. Despite its removal of key safeguards contained in the FVRA, the California courts have held that the CVRA is constitutional. (See Sanchez v. City of Modesto (2006) 145 Cal.App.4th 660.) In response to the substantial costs imposed upon cities and other public agencies in defending CVRA suits, in 2016, the California Legislature amended the Elections Codes to simplify the process of converting to by-district elections and to provide a “safe harbor” process to protect agencies from litigation. If a city receives a demand letter, then the city is given 45 days of protection from litigation to assess its situation. If within that 45 days, the city adopts a resolution declaring the Council’s intent to transition from at-large to district based elections, outlining the steps to be taken to facilitate that transition, and estimating a time frame for action, then the CVRA prohibits a potential plaintiff from filing a CVRA action for an additional 90 day period. (Elec. Code § 10010(e)(3).) Furthermore, any demand for attorney’s fees reimbursement is capped at $30,000 plus CPI if the City adopts a resolution and takes actions pursuant thereto.
Staff’s recommendation is not based on any admission or concession that the City would ultimately be found to have violated the CVRA; rather, the risks and costs associated with protracted CVRA litigation — particularly in light of results in all other cities that have fought to retain at-large voting. The public interest may be ultimately better served if the City converts to a by-district electoral system if converting to that system avoids a significant attorneys’ fees and cost award. The attached Resolution, if approved, would affirm the City Council’s intent to adopt a by-district election system, but it does not commit the City Council to ultimately adopt such an election system. The City also needs to potentially amend the City Charter to allow for district elections which could require a vote of the residents. In the attached proposal, the Mayor would remain an at-large (Citywide) elected position.
Following approval of the Resolution, the Council would be required hold a total of five public hearings before a by-district electoral system can be adopted: two must be held before any proposed district boundaries have been drawn, two must be held after proposed district maps have been generated, and finally, the Council must consider the actual ordinance that would establish district based elections at a fifth public hearing. The fourth and fifth public hearing can occur at the same meeting. This process is intended to commence within the next three months.
The City will likely also retain an expert districting consultant and demographer to evaluate the City’s position under the CVRA and to advise on risks and potential liabilities who will draw proposed districts after the first two public hearings, and present the maps to the Council. These maps will be based on input from the City Council, the public, and compliance with all applicable law. The Council will have the ability to request modifications to the options presented, or a different option entirely.
FISCAL IMPACT:
The estimated cost of the transition to district elections, which consists of hiring a demographer and 8 additional City Attorney time, will be approximately $60,000 but could be higher. The ultimate cost of attempting to retain the City’s current at-large method of election could be a substantial amount more.
ATTACHMENTS:
A. Resolution No. 24-39
9 RESOLUTION NO. 24-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, EXPRESSING THE CITY COUNCIL’S INTENTION, PURSUANT TO ELECTIONS CODE SECTION 10010(e)(3)(A), TO INITIATE PROCEDURES FOR
ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS FOR CITY
COUNCIL MEMBERS
WHEREAS, the City of Adelanto, California (“City”) is a charter city, duly organized under the constitution and laws of the State of California; and
WHEREAS, four of the members of the Adelanto City Council are currently elected in at-large elections, in which each City Council member is elected by all registered voters of the entire City, with the mayor being separately elected by all registered voters of the entire City, pursuant to California Government Code sections 34871 and 34900 et seq.; and
WHEREAS, although Government Code section 34886 of the Government Code authorizes any city to change to a by-district system or by-district system with an elective mayor without the need to put such a change to voters, the City’s Charter currently requires at-large elections and will potentially require amendment; and
WHEREAS, the City Council has determined that it is in the best interest of the City to move from its current at-large electoral system to a by-district election for members of the City Council with an at-large election of the Mayor in furtherance of the purposes of California Voting Rights Act; and WHEREAS, the City moves to make this transition from an at-large system to a by-district system in accordance with the procedural rules outlined in Government Code Section 34886 and Elections Code 10010 and the Charter amendment process if necessary; and WHEREAS, the City received a letter threatening action under the California Voting Rights Act on February 23, within forty-five (45) days before the date of this Resolution; and WHEREAS, the City will begin by working with an experienced demographer to assist the City in establishing maps for a by-district electoral system; and WHEREAS, before drawing a draft map of the proposed boundaries of the districts, the City will hold at least two (2) public hearings over no more than thirty (30) days, at which time the public is invited to provide input regarding the composition of the districts; and WHEREAS, the City will then publish and make available for release at least one (1) draft map of the new electoral districts, including the potential sequence of elections shown; and 10 WHEREAS, once the draft map has been publicized for at least seven (7) days , the City will hold at least two (2) additional public hearings, over no more than forty-five (45) days, at which time the public is invited to provide input regarding the content of the draft map and the proposed sequence of elections prior to the public hearing at which the City Council adopts a map; and WHEREAS, if a draft map is revised at or following a public hearing, the revised map will be published and made available to the public at least seven (7) days before the City chooses to adopt it; and
WHEREAS, in determining the final sequence of staggered district elections, the City Council will give special consideration to the purposes of the CVRA, and will take in to account the preferences expressed by the members of the districts; and
WHEREAS, the City Council now wishes to adopt criteria to guide the establishment of electoral districts consistent with legal requirements including reasonable equal population and section 2 of the federal Voting Rights Act, as well as other concerns and considerations important to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Adelanto, California, as follows:
1. The above recitals are true and correct and are incorporated herein by this reference.
2. The City Council hereby resolves, pursuant to Elections Code section 10010, to adopt a by-district election system by ordinance as authorized by California Government Code section 34886, for use in the City’s General Municipal Election for City Council Members with an at-large election for Mayor, and also if necessary initiate an amendment to the City’s Charter pertaining thereto.
3. The City Council further resolves to retain a qualified demographer, hold at least five (5) public hearings and publish at least one (1) draft map and staggering sequence.
4. The city’s redistricting/demographic consulting firm, acting under the supervision of the City Manager, is hereby authorized to direct and formulate one or more electoral district scenarios for review by the public and City Council at two or more public hearings if necessary, in accordance with the city’s proposed timeline.
5. Working with the demographic consulting firm, staff is directed to publicize relevant maps, information, notices, agendas and other materials regarding by-district elections and to establish means of communication to answer questions from the public. 11 6. All public hearings shall be noticed as follows: posting on the city’s website at least ten (10) calendar days in advance of the hearing and publication at least ten (10) days in advance of the hearing in the newspaper adjudicated to provide notice within the city.
7. The City Manager is authorized to take any and all other necessary actions to give effect to this Resolution.
8. This Resolution shall become effective immediately upon its adoption. The process is intended to commence within the next three months.
PASSED, APPROVED AND ADOPTED THIS 8
th DAY OF APRIL, 2024.
__________________________________
Gabriel Reyes, Mayor of Adelanto
____________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
__________________________________________
Todd Litfin, City Attorney
12 I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-39 was duly approved at the special meeting of the City of Adelanto on the 8
th day of April, 2024, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this 8
th day of April, 2024.
___________________________________
Brenda Lopez, City Clerk
SEAL
13