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Home My WebLink AboutORD 01 (2022)ORDINANCE NO. 01 (2022) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING SECTION 2,04,060 (QUALIFICATIONS OF THE MEMBERS OF THE CITY COUNCIL) TO CHAPTER 2.04 (CITY COUNCIL) OF ARTICLE 2 (ADMINISTRATION AND PERSONNEL) OF THE DIAMOND BAR CITY CODE IMPLEMENTING BY -DISTRICT ELECTIONS OF FIVE CITY COUNCIL MEMBERS. City Attorney Summary This Ordinance adds Section 2.04.060 to Chapter 2.04 of Article 2 of the Diamond Bar City Code to establish "by -district" elections of council members from five electoral districts. The Ordinance requires that the five members of the City Council be elected by the voters of each of the five districts. The Ordinance further establishes that the boundary lines for each of the five districts and the sequence of elections shall be established by resolution of the City Council such that three districts will be elected at the regular municipal election to be held in November2022 and two districts will be elected at the regular municipal election to be held in November 2024. WHEREAS, members of the City Council of the City of Diamond Bar are currently elected in atdarge elections, in which each of the five Councilmembers is elected by voters of the entire City, and the City Council elects one council member to serve as Mayor each year; and WHEREAS, 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 where the five Councilmembers reside within a designated district boundary and is elected only by the voters in that district; and WHEREAS, notwithstanding the determination to transition to a district -based election system, the City Council finds that the City is best served by Councilmembers who govern in the best interests of the entire community and not just the specific district from which the Councilmember is elected; and WHEREAS, on February 17, 2022, the City Council adopted Resolution No. 2022- 10 declaring the City's intention to transition from at -large to district -based elections pursuant to California Elections Code Section 10010(e)(3)(A); and WHEREAS, the City retained an expert demographer to assist the City with the process of analyzing the City's population, developing draft district maps consistent with the California Voting Rights Act and the Federal Voting Rights Act, implement a community participation plan to gather public input from residents and to facilitate the development of preliminary district map proposals; and Ordinance No. 01 (2022) WHEREAS, the City will complete the districting process on or before May 18, 2022; and WHEREAS, in accordance with California Government Code Section 34886, the City Council hereby declares that the change in the method of electing members of the City Council of the City of Diamond Bar made by this Ordinance is in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of Section 7 of Article I and Section 2 of Article II of the California Constitution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. Section 2.04.060 is hereby added to Chapter 2.04 (City Council) of Article 2 (Administration and Personnel) of the Diamond Bar City Code to read as follows: 2.04.060—Qualifications of the Members of the City Council a. Members of the City Council, generally. Beginning with the November 2022 general municipal election, the City Council shall consist of five members elected by -districts. b. By -District Qualifications. Beginning with the November 2022 general municipal election, a person elected as a member of the City Council shall be a resident of his or her respective Council District created under subdivision (c), as may be subsequently reapportioned as provided by applicable law and shall be nominated and elected only by the voters of his or her respective Council district. A person is not eligible to hold office as Council Member unless he or she is at the time of seeking nomination or appointment to office an elector of the City, residing in the District from which he or she is elected or appointed. If, during his or her term of office he or she moves his or her place of residence outside of the District boundaries or ceases to be an elector of the City, his or her office shall immediately become vacant. However, no Council Member shall be deemed to have moved outside of his or her District as a result of District boundary changes which may occur during his or her term of office, and such Council Member shall continue to serve until his or her term is complete or the office otherwise becomes vacant. c. Council Districts. 1. BOUNDARIES. 2 Ordinance No. 01 (2022) Descriptions of the boundaries for each of the five Districts and their numbering or designations shall be established by resolution of the City Council along with a map entitled "City of Diamond Bar District Map," a copy of which shall be on file in the City Clerk's office. 2. TRANSITION. (a) Nothing herein shall affect the terms of office %J the five members of the City Council in office at the time the ordinance codifying this section establishing district elections takes effect, who shall continue in office until their respective terms expire and until their successors are elected and qualified. Recall proceedings, if any, of such City Council members serving the remainder of an at -large elected term and an election of a successor to such City Council member to complete that term, shall be conducted at -large in accordance with applicable law. (b) Council members shall be elected in three Council Districts designated by resolution of the City Council pursuant to subdivision (c)(1) above at the general municipal election in November 2022 and at the general municipal election every four years thereafter. (c) Council members shall be elected in the remaining two Council Districts at the general municipal election in November 2024 and at the general municipal election every four years thereafter. 3. FUTURE REDISTRICTING. (a) Future adjustments to the boundaries of the Districts established herein shall be made by resolution of the City Council in accordance with federal and state law applicable to general law cities, including, but not limited to, the provision of California Elections Code §§ 21600 et seq. requiring the adjustments of the boundaries of any or all of the Districts following each decennial federal census. (b) Pursuant to Elections Code § 21606, the term of office of any Council Member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the District from which he or she was elected, whether or not that Council Member is a resident within the boundaries of the District as adjusted. At the first election for Council following adjustment of the boundaries of the District, a person meeting the requirements of Government Code § 34882 shall be elected to the City Council for each District under the readjusted District plan that has the same District number as a District whose incumbent's term on the Council is due to expire. 3 Ordinance No. 01 (2022) 4. ANNEXATIONS. 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 or Districts to which the annexed territory shall be a part and shall amend the District boundaries if necessary in accordance with Elections Code § 21603, as it may be amended from time to time. SECTION 2. Effective Date. This Ordinance shall take effect 30 days after its adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION 3. Severability. If any section, sub -section, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected. PASSED, APPROVED AND ADOPTED, this 3rd day of May, 2022, by the City Council of the City of Diamond Bar. CITY OF DIAMOND BAR uth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 19t" day of April, 2022, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 31d day of May, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LiuLyonsTyeMPT/ChouM/Low None None None Kristina Santana, City Clerk