HomeMy WebLinkAboutRES 2022-10RESOLUTION NO. 2022-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, STATING THE CITY'S INTENT TO TRANSITION FROM AT -LARGE TO BY -DISTRICT ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10010(e)(3)(A) WHEREAS, members of the City Council of the City of Diamond Bar ("City currently elected in at -large elections, in which each Councilmember is elected by all registered voters of the entire City; and WHEREAS, Government Code Section 34886 authorizes the City Council to adopt an ordinance to change its method of election from an at -large system to a district -based system, in which each Councilmember is elected only by the voters in the district in which the candidate resides; and WHEREAS, on January 13, 2022 the City received a letter from Kevin Shenkman, attorney for the Southwest Voter Registration Education Project (SVERP), asserting that the City's at -large election system violates the California Voting Rights Act ("CVRA") and threatening litigation if the City declines to voluntarily change to a district -based election system for electing Councilmembers; and WHEREAS, while Mr. Shenkman's letter did not include any evidence to support the claim that the CVRA was violated by the City's use of an at -large election system, the City Council has concluded that it is in the public interest to begin the process of transitioning from at -large to district -based elections due to the uncertainty of litigation to defend against a CVRA lawsuit and the potentially extraordinary cost of such a lawsuit, even if the City were to prevail. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. That the above recitals are true and correct. Section 2. That the City Council of the City of Diamond Bar intends to consider an ordinance to change to a district -based election system for use in the November 2022 General Municipal Election for City Council Members. Section 3. That the City Council hereby outlines its intention to transition from at - large to district -based elections, the specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so. Section 4. That City staff shall work with a demographer to provide a detailed analysis of the City's current demographics and any other information or data necessary to prepare a draft map that divides the City into voting districts in a manner consistent with the intent and purpose of the CVRA and the Federal Voting Rights Act. Resolution No. 2022-10 Section 5. The City Council hereby approves the tentative timeline as set forth in Exhibit "A", attached to and made a part of this Resolution, for conducting a public process to solicit public input and testimony on proposed district -based electoral maps before adopting any such map. Section 6. That the timelines contained in Exhibit "A" may be adjusted by the City Manager as deemed necessary, provided that such adjustments shall not prevent the City from complying with the time frames specified by Elections Code Section 10010, and/or as the same time frames may be modified by agreement approved pursuant to California Elections Code section 10010(e)(3)(C)(i). Section 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval. PASSED, APPROVED and ADOPTED this 17t" day of February, 2022. THE CITY OF DIAMOND BAR Low, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its special meeting held on the 17t" day of February, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT Chou, M/Low None None None Kristina Santana, City Clerk 2 Resolution No. 2022-10 Exhibit A TENTATIVE TIMELINE: CONSIDERATION AND IMPLEMENTATION OF DISTRICT -BASED ELECTION METHOD DATE EVENT COMMENT February 17, 2022 City Council adopts Resolution CVRA action cannot be declaring its intention to commenced for 90 days transition from at -large to (Deadline: May 18, 2022) district -based elections February -March Public Outreach regarding process and to encourage public participation March 1, 2022 1st Public Hearing City Council hearing regarding composition of districts; no maps et. March 15, 2022 2"d Public Hearing City Council hearing regarding composition of districts; no maps Must be conducted no more yet. than 30 days from the 1st public hearing date No Later Than Post draft maps and potential Draft maps and proposed March 29, 2022 sequence of elections sequence of elections must be posted publicly at least 7 days before 3d Public Hearing. April 5, 2022 3rd Public Hearing City Council hearing regarding composition of districts. No Later Than April Post any new or amended maps Draft maps and proposed 121 2022 and potential sequence of sequence must be posted publicly elections. at least 7 days before 3d Public Hearing. April 19, 2022 4th Public Hearing — Select map, City Council introduces ordinance establishing district elections, including district boundaries and election sequence. First Reading of ordinance. May 3, 2022 5ch Public Hearing — adoption of ordinance establishing district elections Day 90 — May 18, 2022 June 2, 2022 Effective date of ordinance establishing district elections July 18, 2022- Candidate filing period August 12, 2022 i