1 TO: City Council
FROM: Ryan Smoot, City Manager
MEETING DATE: May 2, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 848 Adding Section 2-1.29.1 to Chapter 1 of Title 2 Of the Lomita Municipal Code Establishing By-District Elections, Defining District Boundaries, and Scheduling Elections within the Districts
RECOMMENDATION
Adopt ordinance.
BACKGROUND
On April 18, 2023, the City Council introduced on first reading Ordinance No. 848. This action is to approve the second reading and adoption of the ordinance.
OPTIONS
1. Approve the attached ordinance.
2. Do not approve the ordinance.
3. Provide staff with further direction.
ATTACHMENTS
1. Ordinance No. 848
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Item No. 7d
CITY OF LOMITA
CITY COUNCIL REPORT
ORDINANCE NO. 848
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, ADDING SECTION 2-1.29.1 TO CHAPTER 1 OF TITLE 2
OF THE LOMITA MUNICIPAL CODE ESTABLISHING BY-DISTRICT
ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING
ELECTIONS WITHIN THE DISTRICTS, AND FINDING THE ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF LOMITA DOES ORDAIN AS FOLLOWS:
Section 1. Recitals
A. The City of Lomita currently elects five Councilmembers 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 January 18, 2022, the City received a letter challenging the City’s current election system and asserting that the City’s at-large election system violates the California Voting Rights Act (CVRA).
D. On February 28, 2022, the City Council adopted Resolution No. 2022-08, a resolution declaring the City’s intention to transition from at-large to district-based elections pursuant to California Elections Code Section 10010.
E. California Government Code Section 34886 permits the City Council to change the City’s method of election by ordinance, with certain formalities, to a “by-district” system in which each Councilmember is elected only by the voters in the district in which the candidate resides.
F. 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 Lomita 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 Sections 14025 through 14032 of the California Elections Code.
G. 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.
H. In accordance with California Elections Code Section 10010, the City Council held two public hearings to obtain input prior to proposing district boundaries on August 16, 2022, and September 6, 2022, and community workshops on September 15, 2022, and March 18, 2023.
Ordinance No. 848
I. On March 21, 2023, the City Council held a third public hearing to begin reviewing the proposed maps and soliciting public comment.
J. On April 18, 2023, the City Council held a fourth public hearing to select a map for adoption and introduced, read by title, and waived further reading of this Ordinance.
K. 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 Lomita by-district in five single-member districts as reflected in Exhibit A to this Ordinance.
Section 2. Amendment Section 2-1.29.1 is hereby added to Chapter 1 of Title II of the Lomita Municipal Code to read as follows:
“2-1.29.1. – BY-DISTRICT ELECTIONS.
(A) By-District Elections. Pursuant to California
Government Code section 34886, Members of the City
Council of the City of Lomita 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.
Ordinance No. 848
4. Notwithstanding any other provision of this
Section, the Councilmembers 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 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 Lomita 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 two City Council districts shall be elected by-district: District 2 and District 4. In 2026, and every four years thereafter, the following three City Council districts shall be elected by-district: District 1; District 3; and District 5.
(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 3. 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 4. 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 Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase Ordinance No. 848
hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 5. 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 2
nd day of May 2023.
___________________________________
Barry Waite, Mayor
ATTEST:
__________________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
__________________________________
Trevor Rusin, City Attorney
Exhibit A
Ordinance No. 848