ORDINANCE NO
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1 ORINANCE NO AN ORINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, CALIFORNIA, AING SECTION TO CHAPTER 1.12 OF TITLE 1 OF THE CITY OF BIG BEAR LAKE MUNICIPAL COE ESTABLISHING BY- ISTRICT ELECTIONS, EFINING ISTRICT BOUNARIES, AN SCHEULING ELECTIONS WITHIN THE ISTRICTS WHEREAS, th City of Big Ba Lak cuntly lcts fiv Councilmmbs using an atlag lction systm; an WHEREAS, in spons to thatn litigation gaing allg non-complianc with th Califonia Voting Rights Act ( CVRA ), th City Council has tmin that it is in th bst intst of th City to shift fom its cunt at lag lction systm to a by-istict lction systm; an WHEREAS, on Novmb 6, 2017, th City Council aopt Rsolution No , a Rsolution claing th City s intntion to tansition fom at-lag to istict-bas lctions pusuant to Elctions Co Sction 10010; an WHEREAS, Califonia Govnmnt Co sction pmits th City Council to chang th City s mtho of lction by Oinanc, with ctain fomalitis, to a by-istict systm in which ach Councilmmb is lct only by th vots in th istict in which th caniat sis; an WHEREAS, pusuant to Califonia Govnmnt Co sction 34886, it is cla that th pupos of th chang in th mtho of lcting mmbs of th City Council of th City of Big Ba Lak ma by this Oinanc is to implmnt th guaants of Sction 7 of Aticl I an of Sction 2 of Aticl II of th Califonia Constitution, as st foth in Sctions though of th Califonia Elctions Co; an WHEREAS, th City Attony ngag an xpt mogaphic fim to assist th City with th pocss of analyzing th City s population, vloping aft maps, an gathing input fom sints on th possibl maps; an WHEREAS, in accoanc with Elctions Co sction 10010, th City Council hl two public haings to obtain input on any popos istict bounais on Novmb 13 an Novmb 16, 2017; an WHEREAS, on cmb 4, 2017, th City ma two maps ppa by th mogaph availabl on its wbsit fo public viw; an WHEREAS, on cmb 11 an cmb 14, 2017, th City Council hl two futh public haings at which th public was invit to povi input gaing th contnt of th aft maps an th squnc of lctions; an
2 Oinanc No Pag 2 WHEREAS, at its cmb 14, 2017 mting, th City Council povi iction to staff to bing back this Oinanc fo th consiation of th City Council; an WHEREAS, on Januay 8, 2018, th City Council intouc, a by titl, an waiv futh aing of this Oinanc; an WHEREAS, th pupos of this Oinanc is to nact, pusuant to Califonia Govnmnt Co sction 34886, an Oinanc poviing fo th lction of th Mmbs of th City Council of th City of Big Ba Lak by-istict in fiv singl-mmb isticts as flct in Exhibit A to this Oinanc. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE OES ORAIN AS FOLLOWS: SECTION 1. Incopoation of Rcitals. Th abov citals a tu an coct an a incopoat hin by this fnc. SECTION 2. By-istict Elctions. Sction is hby a to Chapt 1.12 of Titl 1 of th City of Big Ba Lak Municipal Co to a as follows: By-istict Elctions. A. By-istict Elctions. Pusuant to Califonia Govnmnt Co sction 34886, Mmbs of th City Council of th City of Big Ba Lak shall b lct by-istict in fiv (5) singl-mmb isticts. 1. Mmbs of th City Council shall b lct in th lctoal isticts stablish by subivision B of this Sction an subsquntly appotion as povi by Stat law. Elctions shall tak plac by istict as that tm is fin in Califonia Govnmnt Co sction 34871, maning on Councilmmb shall b lct fom ach istict, by th vots of that istict alon. 2. A Councilmmb lct o appoint to psnt a istict must si in that istict an b a gist vot in that istict, an any caniat fo City Council must si in, an b a gist vot in, th istict in which h o sh sks lction at th tim nomination paps a issu. 3. Tmination of sincy in a istict by a Councilmmb shall cat a vacancy fo that City Council istict unlss a substitut sinc within th istict is immiatly cla an stablish within thity (30) ays aft th tmination of sincy. 4. Notwithstaning any oth povision of this Sction, th Councilmmbs in offic at th tim this Sction taks ffct shall continu in offic until th xpiation of th tm to which h o sh was lct. In th vnt a vacancy occus bfo th xpiation of
3 Oinanc No Pag 3 th tm of a Councilmmb in offic at th tim this Sction taks ffct, a pson who is appoint o lct by spcial lction to fill such vacancy may si anywh within th copoat bounais of th City. A pson appoint o lct to fill such a vacancy shall hol th offic in accoanc with th City Chat an applicabl povisions of th City of Big Ba Lak Municipal Co. B. City Council isticts an istict Elctions. All fiv Councilmmbs shall b lct on a by-istict basis fom th Council isticts shown an numb on th map titl City of Big Ba Lak istict Map attach as Exhibit A, a copy of which shall b on fil in th City Clk s offic. In 2018, an vy fou yas thaft, th following th City Council isticts shall b lct by-istict: istict 2; istict 3; an istict 4. In 2020, an vy fou yas thaft, th following two City Council isticts shall b lct by-istict: istict 1 an istict 5. C. Amnmnt of istict Bounais. Pusuant to Elctions Co sction 21601, as it may b amn fom tim to tim, th City Council shall ajust th bounais of any o all of th isticts following ach cnnial fal cnsus to nsu that th isticts a in complianc with all applicabl povisions of law. SECTION 3. CEQA. Bas upon th whol of th aministativ co bfo it, th City Council hby fins that a tansition fom at-lag to by-istict lctions is xmpt fom nvionmntal viw un th Califonia Envionmntal Quality Act ( CEQA ) (Pub. Rsoucs Co, t sq.) pusuant to Stat CEQA Guilins (Cal. Co Rgs., tit. 14, t sq.) sctions 15061(b)(3), 15320, an 15378(b)(3). Aoption of this Oinanc is an oganizational an aministativ activity of th City, os not hav th potntial to sult in ith a ict o asonably fosabl inict physical chang in th nvionmnt, an is thfo not a pojct fo puposs of CEQA. (Stat CEQA Guilins, 15061(b)(3); 15378(b)(5).) In th vnt aoption of this Oinanc os constitut a pojct, it is catgoically xmpt un th Class 20 (Changs in th Oganization of Local Govnmnts) catgoical xmption. (Stat CEQA Guilins, ) Futh, non of th xcptions to th xmptions foun in Stat CEQA Guilins sction apply. Staff is hby ict to ppa, xcut an fil with th San Bnaino County Clk a CEQA Notic of Exmption within fiv (5) woking ays of th aoption of this Oinanc. SECTION 4. Svability. If any povision of this Oinanc o th application thof to any pson o cicumstanc is hl invali, such invaliity shall not affct oth povisions o applications, an to this n th povisions of this Oinanc a cla to b svabl.
4 Oinanc No Pag 4 SECTION 6. Publication. Th City Clk shall ctify to th aoption of this Oinanc an shall caus a summay of th sam to b publish in th official nwspap of th City of Big Ba Lak within fiftn (15) ays following its aoption. PASSE, APPROVE AN AOPTE this 22 n ay of Januay, 2018, by th following vot: AYES: Jackowski, Putz, Catto, Jahn, Hick NOES: Non ABSTAIN: Non ABSENT: Non Rick Hick Mayo ATTEST: Kathln Smith COO/City Clk APPROVE AS TO FORM: Stphn P. itsch City Attony
5 Oinanc No Pag 5 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARINO ) ss CITY OF BIG BEAR LAKE ) I, Kathln Smith, Acting City Clk of th City of Big Ba Lak, Califonia, o hby ctify that th whol numb of th City Council of sai City is fiv; that th fogoing Oinanc, bing Oinanc No is a full, tu an coct oiginal of Oinanc No of th City of Big Ba Lak, Califonia, ntitl: AN ORINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, CALIFORNIA, AING SECTION TO CHAPTER 1.12 OF TITLE 1 OF THE CITY OF BIG BEAR LAKE MUNICIPAL COE ESTABLISHING BY- ISTRICT ELECTIONS, EFINING ISTRICT BOUNARIES, AN SCHEULING ELECTIONS WITHIN THE ISTRICTS was uly pass an aopt by th sai City Council, appov an sign by th Mayo of sai City, an attst by th City Clk of sai City, all at a gula mting of th sai Council on th 22 n ay of Januay, 2018, an that th sam was so pass an aopt by th following vot: AYES: Jackowski, Putz, Catto, Jahn, Hick NOES: Non ABSTAIN: Non ABSENT: Non I o hby futh ctify that pusuant to th povisions of Sction of th Govnmnt Co of th Stat of Califonia that th fogoing Oinanc No was uly an gulaly publish accoing to law an th o of th City Council an ciculat within sai City. Kathln Smith COO/City Clk
6 SECTION 5. Effctiv at. This Oinanc shall bcom ffctiv thity (30) ays following its aoption. Oinanc No Pag 6 EXHIBIT A [MAP ATTACHE BEHIN THIS PAGE]
7 Gn Cnsus Block Cnsus Plac Piplin/Pow Lin Riv Stts Wat Aa R olf Sw Ea all gl ow Summit Blv Ponosa Oiol Gogia St Mountainai Ln v Pin Knot A Talmag R Spuc R Moo c Pain R ixi Ln Vista Ln Waynoka Ln Fox Fam R Ga s ing bi tin lwiss E Ba Lak Avalo M n R s o Taho on n o i Bowni Ln g Alta Vista Av Gov Av Aln R Sim Villa R P n nsy Com stock Ln Encino R n lvan g ia A M v E Pgin Av v n lo Switzlan t Ca C Av h s 2n08 Thu Fost Svc R San Co C lus an a Faiy Av yon Sa Falls Av n P R as qu al 0 1 n 2 National mogaphics Copoation, cmb 4, 2017 ay p s k c Ro Mo ck W Lakviw Pins R Shlt Lng Cov as Sh Sunst R on Shph Gol Rush ivision Ck R N Ci Fost Svic R st g R Timblin Tl Oak R ill R oh E ch ill c Bi Gol n sr lat ar nf pic talin tio Olym Ca va v Sta a Bl g B N Bi o alwo San l T R ta Balsam Popos Elction Squnc: 2018 lctions: isticts 2, 3 an lctions: isticts 1 an 5 H w o a M Conklin R agl Jffis R w i i B Ln ii Ln Pa alf Iis c t M Tamaack R Echo w i v at W bin R Ro Pak Ln Co v g R R w Lanin lo il W C a Lak R Talbot L ak R Fancis Way Fo E st R g mo o R v k La Cinga R Ln iln Sto n SE G Big Ba Blv N ivision Map lays
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