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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BURBANK ADDING A NEW ARTICLE 3 TO TITLE 2 OF THE
BURBANK MUNICIPAL CODE TO CHANGE THE CITY’S
ELECTORAL SYSTEM FROM AT -LARGE TO BY- DISTRICT
ELECTIONS WITH RESPECT TO ELECTING CITY COUNCIL
MEMBERS, ESTABLISHING DISTRICT BOUNDARIES,
SCHEDULING ELECTIONS WITHIN THE DISTRICTS, AND
MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of Burbank, California (“City”) is a charter city, duly organized under the constitution and laws of the State of California; and
WHEREAS, the five members of the Burbank City Council (“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; and
WHEREAS, California Elections Code section 14027 et seq, the California Voting Rights Act of 2001 (“CVRA”) prohibits the implementation of an at-large electoral system that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgment of the rights of voters who are members of a protected class; and
WHEREAS, Section 800 of the City Charter requires, “Except as otherwise provided by this Charter or ordinance, all municipal elections shall be held in accordance with the election laws of the State of California”; and
WHEREAS, California Government Code section 34886 authorizes the city council to adopt an ordinance changing to a by-district system of electing c ity council members without the need to submit such an ordinance to voters for approval to further the purposes of the CVRA; and
WHEREAS, California Elections Code section 10010 establishes procedures for changing from an at-large to a by-district electoral system; and
WHEREAS, Section 10010 also requires a prospective plaintiff under the CVRA to first send a written notice to the city against which the action would be brought indicating that the at-large method of election used by the city may violate the CVRA; and
WHEREAS, on or about August 23, 202 2, the City of Burbank received a written notice asserting that the City’s current at-large electoral system violates the CVRA; and
WHEREAS, the City of Burbank has a long history of electing city council members ATTACHMENT 1
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who are members of a protected class under the CVRA and denies that it is in violation of the CVRA; and
WHEREAS, the letter does not contain evidence of a violation of the CV RA, but the cost of defending against a lawsuit under the CVRA is extremely high, even if the City is successful, and such an expensive defense would burden the City’s budget impacting the City’s ability to provide needed services to its residents , and a successful defense would not protect the City from future claims under the CVRA; and
WHEREAS, to avoid spending taxpayer dollars in the defense of a potentially extremely expensive lawsuit, the City Council determined that it is in the best interest of the City to move from its current at-large electoral system to a by-district electoral system for members of the City Council, pursuant to California Government Code section 34886 and in furtherance of the purposes of CVRA favoring district-based elections; and
WHEREAS, on January 24, 202 3, the City Council adopted a Resolution of Intention, outlining the City Council’s intention to transition from at -large to district-based elections, specific steps the City Council would undertake to facilitate this transition, and an estimated time frame for so doing; and
WHEREAS, under the provisions of California Election Code section 10010, a city that changes from an at -large method of election to a district -based election must do all of the following before a public hearing at which the City Council votes to approve or defeat an ordinance establishing district-based elections:
• Before drawing a draft map or maps of the proposed boundaries of the districts, the City must hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts.
• After draft maps are drawn, the City must publish at least one draft map and the potential sequence of the elections in the proposed new districts. The first version of a draft map must be published at least seven days before consideration at a public hearing.
• The City must hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map(s) and the proposed sequence of elections.; and
WHEREAS, the City retained a well- qualified and experienced professional demographer to assist with the process of drawing draft district maps and a well-qualified and experienced public outreach consultant to engage the public in the districting process; and
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WHEREAS, on March 14, 2023, and April 11, 2023, the City Council conducted two (2) public hearings for the purpose of soliciting public input on the composition of the proposed election districts; and
WHEREAS, the City Council also established a website dedicated to information about the districting process, and conducted public workshops/forums on March 30, 2023, April 6, 2023, and April 8 , 202 3, at which the City received input and also provided information on the districting process and on opportunities for the public to become involved including providing facilities to allow members of the public to identify “communities of interest” by mapping their location and to draw draft districting maps, and instruction on the use of those facilities; and
WHEREAS, 15 maps of communities of interest and 27 fully formed election district draft maps were submitted to the City by members of the public by the first deadline set for draft map submission, and t wo (2 ) draft district maps were drawn by the City’s demographic consultant, all of which included a proposed sequencing of elections and were published on the City’s districting website on June 7, 2023;
WHEREAS, on June 14, 2023, the City conducted a third public hearing after which it selected three (3) draft maps and two (2) combinations of draft maps as “focus” maps for the process going forward; and
WHEREAS, after the third public hearing the City hosted five (5) additional community forums to allow residents multiple opportunities to discuss the council’s “focus maps” and other direction provided at the June 14, 2023 hearing, and to further comment on the content of draft maps including communities of interest; and
WHEREAS, 13 additional draft maps or map requests were submitted to the City by the second map- submission deadline, and these maps , including a sequencing of elections were published on the City’s districting website on July 11, 2023; and
WHEREAS, on July 18, 2023, the City Council held a fourth public hearing on the draft maps and after the close of the public hearing, it selected draft Map 130 for additional focus and instructed the demographer to develop specified variations to Map 130 for the City Council’s consideration; and
WHEREAS, the Map 130 variations developed by the demographer, which were labeled Map 130B, Map 130C, Map 130D , and Map 130E, were published on the City’s website on July 28, 2023 along with a proposed sequencing of elections for each map; and
WHEREAS, on August 23, 2023, the City council held a fifth public hearing on draft Map 130 and the variations thereto, and , after the close of the public hearing, the City Council selected Map _______ attached hereto as Exhibit A and incorporated herein by this reference, as the districting map for the City commencing with the November 2024 ATTACHMENT 1
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general municipal election and thereafter unless or until changed in accordance with law; and
WHEREAS, the City Council took into consideration the purposes of the CVRA and public comment, the lack of evidence of a violation of either the CVRA or the federal Voting Rights Act, as well as the electoral expectations of the voters who elected three City Council members in 2022, two of whom are members of a protected class, and then assigned a sequencing of election to the districts in draft Map ___; and
WHEREAS, draft Map _____ is population balanced, contains contiguous districts, respects the communities of interest identified through t he public hearing process, uses recognizable natural and constructed boundaries, contains compact districts, and does not discriminate in favor of or against any political party; and
WHEREAS, the purpose of this ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for election of the Members of the City Council of the City of Burbank by-district in f ive (5) single-member districts as reflected in Exhibit A to this ordinance thereby protecting the City of Burbank from litigation under the CVRA; and
WHEREAS, it is the intent of the City Council to continue the process of analyzing and updating the City’s electoral system by potentially bringing forth to the voters ballot measures proposing amendments to the Charter of the City of Burbank providing for the election of City Council members by-district, election of five (5) City Council members with four (4) members elected by-district and one (1) member directly elected as mayor by the voters of the entire City, and for the expansion of the City Council to seven (7) members with six (6) members elected by-district and one (1) member directly elected as mayor by the voters of the entire City, and other amendments including those that may be necessary to coordinate other charter provisions with the new system of by- district elections of members of the City Council of the City of Burbank, and
WHEREAS, it is the intent of the City Council to consider in a separate ordinance amendments to Title 2, Chapter 3 of the City of Burbank Municipal Code, known as the City of Burbank Elections Code, to address regulations pertaining to by-district elections including the qualification of candidates for election to a district seat (e.g. durational residency in the district, timing of registration, etc.); circulation, signing, and filing of nomination papers; residency during tenure in office; sequencing of elections after redistricting; and the like,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURBANK DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new Article 3 is hereby added to Chapter 3 of Title 2 of the Burbank Municipal Code with the title “City Council Electoral System” to read as follows:
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Sec. 2-3-301 City Council Electoral System.
a) City Council districts established. Five City Council districts are hereby established in the City of Burbank. The boundaries and identifying number of each district shall be as described on the Council District Map ___ attached hereto as Exhibit “A” and incorporated herein by this reference.
b) Election of members of the City Council by-district.
1. Following the effective date of the ordinance codified in this section and upon the commencement of “by -district” elections in the order established in subdivision (c) of this section 2-3- 301, members of the City Council shall be elected “by-district” as defined in California Government Code section 34871 or any successor statute.
2. Each City Council member elected or appointed on or prior to the effective date of the ordinance codified in this section shall serve the full term of office to which elected or appointed.
3. The term of office of each member elected to the City Council by-district shall be four years.
c) Commencement of district elections. Commencing with the general municipal election in November of 2024 and thereafter, the voters in districts ___ and ___ shall elect members of the City Council by -district for full four -year terms. At the general municipal election in 2026 and thereafter, the voters in districts ___, ___ and ___ shall elect members of the City Council by-district for full four-year terms.
d) Adjustment of District Boundaries.
1. The City Council shall, by ordinance or resolution, adjust the boundaries of any or all of the districts following each decennial federal census. The City Council shall adjust the boundaries so that the districts shall be nearly equal i n population as practicable and in compliance with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance or resolution adopted in accordance with procedures specified in state law and adopted by the City Council by the applicable deadline specified in state law.
2. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries in accordance with state law.
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by-district and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which they were elected.
4. Notwithstanding subdivision (d)(3), a special election or an appointment to fill a vacancy shall be conducted within the boundaries of the district whose voters elected the council member, even if those boundaries were adjusted in accordance with subdivision (d) (1). A recall of a council member shall be conducted within the boundaries of the district whose voters elected the council member, even if those boundaries were adjusted in accordance with subdivision (d)(1).
e) Vacancy. A vacancy in a City Council seat whose council member was elected at- large shall be filled from the City at-large. A vacancy in a City Council seat whose council member was elected by-district shall be filled by-district.
f) Implementation. 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 2. E ffective Date. This Ordinance shall become effective on the 31st day after the date of its adoption.
SECTION 3. Inconsistencies. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule, or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.
SECTION 4. Interpretation. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.
SECTION 5 . CEQA. Pursuant to Section 15320 of the Guidelines for the Implementation of the California Environmental Quality Act (“CEQA”), further review under CEQA is not required because the City Council action in establishing district-based elections consists of a change in the organization or reorganization of a local governmental agency where the change does not change the geographical area in which previously existing powers are exercised. Therefore, the City Council finds that it can be seen with certainty that there is no possibility that this action will result in any environmental effect. The City Clerk is hereby directed to file a Notice of Exemption with the County Clerk within three (3) days following the date of this Ordinance.
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SECTION 6. Publication. The City Clerk shall certify the adoption of this Ordinance.
Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Counci l members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Burbank.
SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Burbank hereby declares it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
PASSED AND ADOPTED this ________ day of __________________, 2023.
___________________________
Konstantine Anthony
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_________________________ By: _______________________ Kimberley Clark, City Clerk Jill Vander Borght
Senior Assistant City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. _____ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ___ day of ____, 2023, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following of the ordinance’s adoption on ________.
__________________________
Kimberley Clark, City Clerk