3/28/2022 1
AGENDA
SPECIAL MEETING
OF THE CITY COUNCIL
CORONAVIRUS (COVID-19) ADVISORY
This City Council Meeting will be in -person and open to the public , observing strict COVID -19 safety precautions. All those attending in-person are required to follow posted guidelines. Those wishing to participate during Public Comment may do so in- person at the Azusa Light & Water , or may submit written p ublic comments by emailing [email protected] . Emailed public c omments are due by 5:30 p.m. and shall be limited to no more than 250 words . Written public comments will be provided to the City Council and will be part of the record but will not be read aloud.
AZUSA LIGHT & WATER – OPEN TO THE PUBLIC MONDAY, MARCH 28, 2022 729 N. AZUSA AVE 6:30 P.M. SPECIAL MEETING AZUSA, CA 91702 FOLLOWING UTILITY BOARD MEETING
AZUSA CITY COUNCIL
ROBERT GONZALES
MAYOR
ANDREW N. MENDEZ EDWARD J. ALVAREZ
MAYOR PRO-TEM COUNCILMEMBER
JESSE AVILA, JR. DENNIS BECKWITH
COUNCILMEMBER COUNCILMEMBER
A. PRELIMINARY BUSINESS
1. Call to Order
2. Roll Call
3. Flag Salute
B. PUBLIC COMMENT – Limited to items listed on this Special Meeting Notice.
Each person or representative of a group shall be allowed to speak without interruption for up to five (5) continuous minutes, subject to compliance with applicable meeting rules, on items listed on this agenda only.
Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments.
2 C. SCHEDULED ITEMS
1. RESOLUTION DECLARING THE CITY’S INTENTIO N TO TRANSITION FROM AT -LARGE TO DISTRICT-BASED CITY COUNCIL ELECTIONS.
RECOMMENDED ACTION:
1) Adopt the following Resolution 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)
D. COUNCIL COMMENTS
E. ADJOURNMENT
In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk’ s Office - 213 E. Foothill Boulevard, Azusa City Library - 729 N. Dalton Avenue, and Azusa Police Department Lobby - 725 N. Alameda, Azusa, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at 626 -812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting.
CERTIFICATION
I, Adrian Garcia, M MC, Chief Deputy City Clerk of the City of Azusa, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on March 24, 2022, twenty-four (24) hours prior to the meeting per Government Code 54956 at the City Clerk’s Office, 213 E. Foothill Blvd.; the lobby of the Police Department, 725 N. Alameda Ave.; the Civic Auditorium, 213 E. Foothill Blvd.; the City Library, 729 N. Dalton Ave.; and on the City’s Web Page at www.azusaca.gov .
______________________________________
Adrian Garcia, MMC
Chief Deputy City Clerk
Azusa City Clerk’s Office
NOTICE AND CALL OF A SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF AZUSA
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE CITY CLERK:
NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council is hereby called pursuant to Government Code Section 54956, to be held on Monday , March 28 , 2022, at 6:30 p.m., at the Azusa Light & Water , Following Utility Board Meeting – Open to the Public , located at 729 N. Azusa Ave , Azusa, California, for the purpose of considering the following:
A. PRELIMINARY BUSINESS
1. Call To Order
2. Roll Call
3. Flag Salute
B. PUBLIC COMMENT
C. SCHEDULED ITEMS
1. RESOLUTION DECLARING THE CITY’S INTENTIO N TO TRANSITION FROM AT- LARGE TO DISTRICT-BASED CITY COUNCIL ELECTIONS.
RECOMMENDED ACTION:
1) Adopt the following Resolution 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 ELEC TIONS 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)
D. COUNCIL COMMENTS
E. ADJOURNMENT
Dated: March 24, 2022
________________________ _____________________________ Robert Gonzales, Mayor Jeffrey L. Cornejo, Jr., City Clerk
DECLARATION OF NOTIFICATION AND POSTING:
I, Adrian Garcia, MMC, Chief Deputy City Clerk of the C ity of Azusa, or my designee, hereby certify that on the 24th day of March, 2022, I e-mailed a true copy of the above notice as follows:
Councilmember Dennis Beckwith San Gabriel Valley Tribune Councilmember Jesse Avila, Jr. 605 E. Huntington Drive, Suite 100 Councilmember Edward J. Alvarez Monrovia, CA 91016
Mayor Pro-Tem Andrew N. Mendez Attn: Daniel Tedford
Mayor Robert Gonzales [email protected]
NOTE: Above addresses on file
and posted said notice in the City Clerk’s Office and the Civic Auditorium, 213 E. Foothill Blvd.; the Police Department Lobby, 725 N. Alameda Ave., the City Library, 729 N. Dalton Ave.; and on the City’s Web Page at www.azusaca.gov
. on March 24, 2022. I declare under penal ty of perjury that the foregoing statement is true and correct.
________________________________
Adrian Garcia, MMC, Declarant
SCHEDULED ITEM
C-1
TO: HONORABLE MAYOR AND CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MARCO A. MARTINEZ, CITY ATTORNEY
JEFFREY LAWRENCE CORNEJO, JR., CITY CLERK
DATE: MARCH 28, 2022
SUBJECT: RESOLUTION DECLARING THE CITY’S INTENTION TO TRANSITION FROM AT-
LARGE TO DISTRICT-BASED CITY COUNCIL ELECTIONS
BACKGROUND:
The City of Azusa currently elects its Mayor and City Council through an “at -large” electoral system in which the Mayor and each Council member may reside anywhere within the City’s boundaries, and each member is elected by the voters of the entire electorate to provide Citywide representation. All voters may elect the Mayor and two Council members during each City election, resulting in a five -member City Council elected to serve the City.
The California Voting Rights Act (“CVRA”) became law in 2003. It provides a way for plaintiffs to allege racially polarized voting and to seek a change from a jurisdiction’s at large election system to a different system, typically a by-district or by-division election system. It also allows for the recovery of a plaintiff’s attorneys’ fees. A violation of the CVRA may be established if it is shown that racially polarized voting has combined with an at -large voting system to imp air the ability of a protected class of voters to elect candidates of its choice or to influence the outcome of an election through vote dilution. “Racially polarized voting” under the CVRA means voting in which there is a difference between the choice of candidates or other electoral choices that are preferred by voters in a protected class and in the choice of candidates and electoral choices preferred by voters in the rest of the electorate.
The CVRA does not require proof that racially polarized voting actually resulted in the defeat of a group’s preferred candidate. Nor does the CVRA require a plaintiff to show racial discrimination by the City or other discriminatory intent.
District-Based Election Systems
A district-based election system is one in which a city is physically divided into separate districts, each with
one Council member who resides in the district and is chosen only by the voters residing in that particular district. In a district-based system, voters within each district may only vote for one candidate every four years. The City does not believe that the record establishes Latino nor Asian racially-polarized voting in the City in violation of the CVRA.
However, as a result of the low threshold of proof established by the CVRA, num erous public agencies throughout California have been facing challenges to their at -large election systems. More recently, the Azusa Unified School District is in the process of converting to district-based elections. Because of the low threshold, the low probability of litigation success, and the potential for being required to pay plaintiffs’ attorneys fees, many agencies have voluntarily changed from at-large elections to district- or division-based elections rather than engage in potentially expensive litigation. Agencies that have litigated cases but settled prior to trial have also paid significant amounts in plaintiffs’ attorney fees.
To provide a safe harbor from expensive lawsuits and settlements, these actions would allow the City to convert to a district-based election system without having to pay legal fees for non-compliance.
RECOMMENDATION:
1) Adopt the following Resolution 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)
ANALYSIS:
A. Proposed Resolution of Intention
The process for converting to district-based elections begins with the adoption of a Resolution of Intention describing its intent and generally describes the process to be used. This is not a small decision as it will completely change the way the public is represented in Azusa and how the public chooses its representation.
Presently, the public has not participated in this decision, nor has the public provided any input into whether they wish to change how they are represented. It will be up to the Council to decide whether, after going through the public hearing process and reviewing draft maps of the proposed districts, to adopt an ordinance transitioning to district-based elections.
B. Procedure to Transition to By-District Elections
(1) Resolution of Intention.
To start the process, the City Council adopts a resolution outlining its intent to transition from an at-large to a district-based election and discussing the steps it will undertake to facilitate the transition.
(2) Public Hearing Prior to Drawing of District Map.
Before adopting district-based elections, the City must first prepare a draft map or maps. However, before drawing a map, the City must hold at least two public hearings over a period of no more than 30 days. The public must be invited to provide input regarding the districts’ composition.
(3) District Map Drawing.
An expert is then required to prepare a proposed m ap or maps. Each district must be as nearly equal in population, using the data from the most recent census. The districts must be prepared in compliance with specific State and federal requirements, including consideration of communities of interest and natural geographic boundaries.
The drawing of districts must be done carefully to ensure that minority votes are not diluted. Dilution may occur through “cracking,” which occurs when the minority community is fragmented across several districts to prevent the minority community from winning enough seats to gain a majority. Dilution may also occur through “packing,” which occurs when a minority community is concentrated into one or two districts where their votes would cause preferred candidates to win by an overwhelming majority.
(4) Timing and Sequence of Elections.
The Council would also need to establish the timing and sequence of district elections. The change to district boundaries will not affect the terms of any incumbents. Following the first election in November, 2024, the Council would be comprised of approximately half of its members elected by a district and approximately half of its members elected City-wide. The remaining at-large members would transition to by-district seats in November, 2026
(5) Public Hearings for Map Consideration.
After the draft maps have been prepared, the City must publish and make them available to the public. The City must also show the staggered terms of office and the potential sequence of the elections. The Council must hold at least two additional public hearings over a period of no more than 45 days during which the public will be invited to provide input regarding the draft map and sequence of elections. The first draft map must be published at least seven days before it is considered at a public hearing. If the map is revised at or during a hearing, it must be published again and made available to the public for at least seven days before being adopted.
(6) Map Adoption.
The Council, after selecting a map and choosing the timing and sequence of the election, would then adopt an ordinance providing for district elections, approve the map, and begin implementing by-district elections.
The first by-district election will occur at the November 2024 General Municipal Election.
FISCAL IMPACT:
If the Council adopts the Resolution of Intent an expert demographer will be needed to prepare the maps. It is expected that demographer costs for the entire process as well as any special legal services will not exceed $30,000. There will also be significant staff resources required with this project. There is sufficient budget savings in the City Clerk’s FY 2021-22 approved budget under account 10-15-210-000-7060 to cover for the transition cost to District Based Elections. If additional funds are required in FY 2022-23, Staff will request
funds through the FY 2022-23 annual budget process.
CEQA COMPLIANCE:
This action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), 15320 and 15378(b)(5) of the CEQA Guidelines.
Attachments:
1. Resolution No. 2022-C26
Prepared by: Reviewed and Approved:
Adrian Garcia, MMC Jeffrey Lawrence Cornejo, Jr.
Chief Deputy City Clerk City Clerk
Fiscal Impact Reviewed By: Reviewed and Approved:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
RESOLUTION NO. 2022-C26
A RE
SOLUTION 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, A ND
15378(b)(5)
W
HEREAS, 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
W
HEREAS, the Mayor and members of the City Council are elected in November of even-numbered years (November, 2022, 2024, 2026, etc.); and W
HEREAS, 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
W
HEREAS, in 2003, the Calif ornia 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 W
HEREAS, public agencies that have been sued under the CVRA have typically been forced to pay large sums to settle with plaintiffs’ attorneys; and W
HEREAS, the City Council desires to avoid the high costs and legal risks associated with a CVRA lawsuit; and
W
HEREAS, 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
Attachment 1
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 bef ore 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 reaso nably 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 he reby 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. F ollowing 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 E lections 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 28
th day of March, 2022
AYES:
NAYS:
ABSENT:
ABSTAIN:
______________________________
Robert Gonzales, Mayor
ATTEST:
______________________________
Jeffrey Cornejo, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney