HomeMy WebLinkAbout2012/07/17 Item 13/~~ CITY COUNCIL
AGENDA STATEMENT
~~ CITY OF
CHULAVISTA
JULY 17, 2012, Item
ITEM TITLE: CONSIDERATION OF CHARTER REVIEW COMMISSION
REPORT AND PROPOSED CHARTER AMENDMENT
LANGUAGE TO PROVIDE FOR DISTRICT ELECTIONS
SUBMITTED BY: THE CHARTER REVIEW COMMISSION
JILL D.S. MALAND, ASSISTANT CITY ATTO
REVIEWED BY: GLEN R. GOOGINS, CITY ATTORNEI~~~~
4/STHS VOTE: YES ~ NO ~X
SUMMARY
On June 21, 2011, the City Attorney presented the City Council with the Charter Review
Commission's "Report Regarding General District Elections (and Alternatives) for City
Council Seats." The Council accepted the report and directed the Commission to return in
February 2012, following public outreach efforts by the Commission, with a "white
paper" containing the Commission's estimation of the pros and cons of district elections
and data on the election methods utilized by other cities. That report was presented to the
Council on February 14, 2012. The Council then directed the Commission to draft
proposed Charter amendment language for the Council's consideration for placement on
the November 2012 ballot. The Commission has prepared the proposed language and
presents it tonight for the Council's consideration.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA
Guidelines because it involves only consideration of a report regarding district elections
and therefore is an organizational or administrative activity of government that will not
result in a direct or indirect physical change in the environmental; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Thus, no environmental review is necessary.
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RECOMMENDATION
The Charter Review Commission report details the Commission's recommendation that
the City proceed with placing on the ballot for voter consideration a Charter amendment
that provides for district elections in the form presented. Staff recommends that the City
Council accepts the Report and provides direction to the Commission and staff, as the
Council deems appropriate.
DISCUSSION
INTRODUCTION
Chula Vista City Council members currently are elected through an "at-large"
election system. In June 2011, the City Council directed the Charter Review Commission
to conduct public outreach and prepare a "white paper" for the City. Council, to include
the Commission's assessment of the pros and cons of changing to a district election
system, and information on the election systems of other California cities. The
Commission completed its task and presented its recommendation to the Commission in
February 2012. Specifically, based upon community input the Commission recommended
that, no sooner than November 2012, the City Council submit a ballot measure for voter
consideration that would amend the Charter to convert the existing "at-large" system for
electing councilmembers to a "by district" election system. The Council accepted the
Commission's recommendation and directed the Commission to prepare draft language
for the Council's consideration for placement on the November 2012 ballot.
The City Attorney's office and outside counsel have worked with the Commission
over the last several months to provide legal guidance and assist the Commission with
preparing the proposed Charter amendment lanuage. Accordingly, staff is providing the
Council with the following report to supplement the Commission's recommendation.
IL FACTUAL BACKGROUND
In June 2010, the Council referred several issues and questions to the Charter
Review Commission for review, including the issue of whether the City should amend its
charter to establish council districts and hold district elections. The Charter Review
Commission met in response to that referral. The commissioners concluded that
additional research should be performed prior to any decision-making, including a review
of options fox establishing districts and legal issues.
In July 2010, the City Attorneys' office presented the Council with a report
detailing the Charter Review Commissions discussion and the associated actions.
Following the presentation, the City Council directed staff to return to Council with drafr
Charter amendments, one of which would establish City Council geographic voting
districts. The City Attorney's Office presented those draft amendments to the Council on
July 27th. The Council continued the item to August 3, 2010, and also requested that the
City Clerk return with an estimate of costs associated with placing the item on the ballot.
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At the August 3, 2010 meeting, the City Clerk provided an estimate of costs
related to a ballot measure and informed the Council that monies would need to be
appropriated in order to pay such costs. Council took no further action with respect to
district elections at that time and the matter was tabled indefinitely.
On May 10, 2011, Councilmembers again introduced the idea of establishing
council districts and holding district elections. The Council referred the matter to the
Charter Review Commission to identify and evaluate election options, including: (i) no
change to the current system (continue with all at-large seats); (ii) district elections
(based on geographic boundaries); or (iii) an alternative that may include a mixed
election system or a hybrid.
In order to take up the Council referral, the Charter Review Commission met on
June 6, 2011. After comments by staff, commissioners and the public, the commissioners
voted unanimously to recommend to the City Council that they continue their discussion
related to district elections, hold public meetings in different locations in order to obtain
public input, research election options, including methods used by other cities within the
state of California, to evaluate the efficacy of such options, and to further understand
some of the legal framework and issues associated with establishing districts and having
district elections.
City staff presented a report to the Council on June 21, 2011, relaying the
Commission's request. After considering the report, Council directed the Commission to
conduct public outreach, consider election systems of other California cities and prepaze
a report with the Commission's assessment of the pros and cons related to district
elections. The Commission met in response to the Council's direction and returned to the
Council on September 13, 2011, to request funding for its public outreach efforts. The
Council did not approve that funding, but requested that the Commission continue with
its efforts, utilizing available City resources.
In February 2012, the Commission presented its report and recommendation that a
proposed Charter amendment be placed on the ballot no earlier than November 2012. In
response, the Council directed the Commission to prepare proposed ballot language for
the Council's consideration for placement on the November 2012 ballot. The
Commission proceeded accordingly, has completed its work and now presents its report
and recommendation for the Council's consideration.
III. LEGAL ANALYSIS
As a charter city, Chula Vista has plenary authority over the method by which its
officers are elected.' Thus, the City is free to alter its current election system, so long as
it complies with applicable federal and state law, including the Federal Voting Rights Act
and the California Voting Rights Act. The Commission has recommended that the City
place a ballot measure before the voters for their consideration that would change the
election process for Councilmembers from an "at-large" system to a "by district" system.
'Cal. Const., art. XI, sec. 5, subd. (b).
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An explanation of these types of election systems, and a review of some of the legal
principles governing district boundaries, are provided below.
A. Election Systems
The City Councilmembers aze currently elected by an at-large election
process; if the Commission's proposed charter amendment is approved, it would change
that to a by district system. These two systems are discussed in more detail below.
1. At-Large
An at-large election system is one in which the candidates for
office can live anywhere within the jurisdiction and the entire electorate is entitled to cast
ballots for each office. Chula Vista currently uses an at-large, by seat, system to elect its
City Council members. With this system, each candidate for office must identify the
specific Council seat which he or she seeks to fill. The Councilmembers in Chula Vista
are elected for terms of four years, on a rotating basis. The Mayor and seats one and two
are up for election in one election year; Council seats three and four are up for election in
the alternate election year. With this system, two Council seats aze up for election every
two years, with the Mayor's seat included every fourth yeaz.z
According to the 2010 Census, Chula Vista is the 14th largest city in the state,
based on population. For the Council's reference, we collected election information on
the 20 largest California cities. We determined that six of those cities utilize at-large
elections (in order of size, from largest to smallest population): (i) Anaheim; (ii) Chula
Vista; (iii) Fremont; (iv) Irvine; (v) Oxnard; and (vi) Fontana.
2. "By District"
In elections conducted by district, the candidates live in the district
and are elected by voters in that district, only. The jurisdiction is divided geographically
and each district is represented on the Council by one of its residents. The voters in a
district are entitled to cast their ballots only for the candidates vying for that district's
seat. Eleven of the twenty largest cities elect their Councilmembers by district: (i) Los
Angeles; (ii) San Diego; (iii) San Jose; (iv) San Francisco; (v) Fresno; (vi) Sacramento;
(vii) Long Beach; (viii) Bakersfield; (ix) Riverside; (x) San Bernardino; and (xi)
Modesto. All of these except Riverside and San Bernazdino are larger in population than
Chula Vista.
With district elections, the City could structure them in a couple of ways. The
City currently holds its general election in June. If a candidate receives a majority of the
votes, that candidate wins the office. If no candidate receives a majority of the votes, the
two candidates who received the most votes proceed to a runoff election in November.3
This same process could be utilized for district elections, with only those electors residing
2 Chula Vista City Charter, Sec. 300.
' Chula Vista City Charter, Sec. 300.G.
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in the district eligible to vote for the candidates for that district, in both the general and
any run-off election. Alternatively, the City could choose to hold just one election. In this
scenario, the top vote getter from the district would win the seat, with no runoff election
required. The Charter Review Commission's recommendation would retain the City's
current election system, with a general election in June and arun-off if necessary in
November.
We previously provided the Council with our legal analysis and identification of
potential legal issues for the Council's consideration in deciding whether to continue with
at-large elections, or switch to district elections. We have not restated that analysis in this
report because the Council previously made the decision to proceed with placing the
matter before the electorate. However, we will be prepazed to respond to any questions
the Council may have regarding those legal issues.
B. District Boundaries
If the City opts to proceed with establishing district elections, the
boundaries cannot be drawn to either illegally benefit or discourage participation in the
electoral process of any constitutionally protected group. The lines must be drawn to
create districts that have reasonably equal populations and avoid either intentional or
unintentional discrimination and must be established in a manner that is based on
"substantial equality."' Furthermore, the lines must be drawn in a rational manner and
cannot be drawn to intentionally separate voters into different districts on the basis of
race, unless the use of race passes strict scrutiny.' The proposed Charter amendment
presented by the Commission was prepared with the assistance of specialty counsel to
help ensure that the legal requirements will be met if the measure is adopted.
IV. CHARTER REVIEW COMMISSION RECOMMENDATION
Pursuant to the City Council's direction in Februazy 2012, the Charter Review
Commission has spent the past several months drafting proposed Charter amendment
language to place on the November 2012 ballot. On July 9, 2012, the Commission
approved its report and proposed ballot language. Those documents are attached as
Exhibit A to this Agenda Statement.
The proposed amendment would modify Charter section 300, and add a
new section 300.5. Exhibit A reflects the added language in bold, italicized font, and the
deleted language in strikeout. In summary, the proposed amendment would provide for
the following:
• Division into Four Geographic Council Districts
For election purposes, that the City would be divided into four districts,
with the district boundaries to be drawn after approval of the ballot
measure, by an independent districting commission. The district
boundaries are to be submitted to the City Council for approval by
Reynolds v. Sims (1964) 377 U.S. 533, 579.
s Shaw v. Reno (1993) 509 U.S. 630, 644, 649.
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February 1, 2014, and, thereafter, adjusted within one year of the Federal
Decennial Census.
• Transition Provisions
The four City Councilmembers would be elected by district, beginning in
2014. At that time, candidates for the two seats up for election (1 and 2)
will have to reside in the respective districts. The Councilmembers in
seats 3 and 4 may remain in those seats, irrespective of whether or not
they live in districts 3 and 4, until the 2016 election, at which time the
candidates for districts 3 and 4 will be required to be residents of those
districts.
• Independent Districting Commission
By May 1, 2013, a seven member Districting Commission would be
established to recommend to the Council how the district boundaiies
should be drawn; subsequent Commissions would be seated subsequent to
each decennial census to recommend to the City Council adjustments to
the district boundaries. The Commission members would be chosen by an
application process in which the Charter Review Commission would
review the applications to identify a pool of 10 eligible applicants; from
that pool, four members would be randomly selected; those four members
would select three additional members from the pool of eligible
applicants; those three would be approved by the Council, unless the
Council determined by at least four votes that approval of an applicant
would be inconsistent with the Charter requirements for the make-up of
the Commission. Eligibility requirements for serving on the Commission
include: resident of the City, registered voter of the City, not a City
employee or elected official, and others as set forth in Section 300.S.C. .
• Criteria for Determining District Boundaries
The measure establishes the criteria for drawing district boundaries, the
process for doing so, including public outreach efforts, and the
requirement of Council approval of the DistrictingPlan.
• Referenda/Challenges
The plan also addresses potential referenda or legal challenges to the Final
Districting Plan.
In addition to the above, the proposed amendment would require the Council to adopt
implementing ordinances as necessazy to provide for and support the Commission, and to
ensure timely selection of Commission members and full implementation of the
Commission's powers and duties. Although those ordinances are not before the Council
tonight for approval, the Commission also made recommendations as to the content of
any such ordinances. Specifically, the Commission recommends that implementing
ordinances include the following:
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• The Districting Commission should prepare a proposed budget, in consultation
with the City Manager, for consideration by the City Council;
• A date certain of February 1, 2013, and February 1 of each year following the
year in which the Federal Decennial Census is taken, for initiation of the
application process for service on the Commission;
• Provision for application submittal to, and prima facie review for completeness
by, the City Clerk; and
• Minimum requirements for the Districting Commission applications, including:
a. state whether they are currently a resident of the City and the
address at which they currently reside;
b. state whether they are currently a registered voter of the City and
the address at which they are registered to vote;
c. identify their gender and race or ethnicity
d. describe their relevant knowledge and/or demonstrated analytical
abilities that would allow the applicant to carry out the responsibilities of a
Commission member with a high degree of competence;
e. describe their demonstrated ability to serve impartially in a
nonpartisan role;
f. describe their experience in the areas of public communication
and/or public outreach in the City;
g. describe their experience in civic and/or volunteer activities in the
City; and
h. affirm that the applicant is eligible to serve on the Commission
pursuant to the requirements of Charter section 300.5.
V. NEXT STEPS
California's next general election will be held on November 6, 2012. In order to
place a measure on that ballot, the City must provide a signed City Council Resolution
with full ballot language to the County Clerk at least 88 days prior to an election. For the
November 6, 2012 election, the deadline would be August 10, 2012. If the Council
directs staff to proceed with placing this measure on the ballot, staff will return to the
Council at its next scheduled meeting on August 7~', with the final ballot language,
including any modifications the Council may direct staff to make tonight. At that time,
staff would also present Council with the necessary resolutions to add the measure to the
November 6~' ballot, approve the final ballot language and direct the City Attorney to
prepare an impartial analysis of the measure.
If the Council does not choose to follow the Commission's recommendation, staff
requests alternative direction from the Council as to how to proceed with this matter.
VI. CONCLUSION
The Commission and staff are prepared to move forward, as the Council may
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direct.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently, the 500-foot rule found in California Code of
Regulations section 18704.2(a)(1), is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
The fiscal year 2012-13 budget includes funding for two ballot initiatives; therefore no
appropriations are needed to place this measure on the November election. Based on the
most recent estimate provided by the Registrar of Voters the cost of a ballot measure for
the November is approximately $80,000.
ONGOING FISCAL IMPACT
If the ballot measure is approved and Council accepts the Charter Review Commission's
recommendation to establish a Districting Commission there would be staff time costs
associated with supporting this new commission.
The February 14, 2012 agenda statement on this issue identified the following fiscal
impact -based on information provided by the County Registrar's office, there would be
a reduction in the cost of the biannual elections (for 2012, the difference would be
approximately $65,000 per seat; for 2014 the estimated difference would be
approximately $30,000 per seat). District elections would also result in an additional
expense every ten years to conduct the redistricting process. (San Diego's Redistricting
Commission spent approximately $500,000 on its recent redistricting efforts.)
Attachment:
Exhibit A: Charter Review Commission Report and Final Proposed Charter
Amendment Language
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EXHIBIT A
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July 11, 2012
From: Chula Vista Charter Review Commission
To: Honorable Mayor Cheryl Cox
Chula Vista City Council
Dear Mayor Cox and Council:
As directed by the City Council, the Chula Vista Charter Review Commission respectfully submits the
attached proposal to amend the city charter to effect a transition from "at-large" city council elections
to "by district" city council elections. Our proposal consisting of an amended City Charter and
supporting ordinances sets forth rules and requirements forthe transition to commence should the
citizens of Chula Vista approve the change in the November 2012 municipal election. The areas we
considered include:
1) City Council member eligibility and district designation
2) Establishment and composition of a Districting Commission
a. Restrictions on eligibility for selection to the Districting Commission
b. Desired qualifications for selection to the Districting Commission
c. Process for selecting the Districting Commission Members
3) Districting Commission duties
a. Demographic, geological, and legal criteria to consider
b. Process for approval of the districting plan
c. Responding to a referendum or legal challenge to the final Districting Plan
4) Transitioning to "By-Distrito" elections.
Our commission previously presented to the City Council results of a public outreach effort we
conducted which showed a fairly even split among respondents' preference to a "by district" vis-8-vis
"at large" council member elections. We gave serious consideration to many of the ideas and opinions
we heard from those desiring "by district" elections and have implemented a number of them into our
proposal. We also studied the methodologies used by other cities in California that have successfully
transitioned to "by district" elections. Having the benefit of being able to see several different
approaches to dealing with this issue proved quite valuable to our deliberations. As we progressed
through the development of this proposal, we were advised of the potential benefits and pitfalls of our
ideas by our counsel, Mr. Richard Miadich and the Chula Vista City Attorney's Office.
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Without explaining every thought that went into this proposal, there are a couple of points we would
like to address. Throughout this process, beginning with our public outreach and into our deliberations
on a proposal for "by district" elections, we maintained a strong desire to keep the districting process as
free from political influence as possible. Initially, it was our desire to enlist a panel of independent
judges to create the new district boundaries. After weighing our options as a group and with the advice
of counsel, we have come up with a plan which we hope will receive your support. We believe the
procedures for developing a Districting Commission as outlined in this proposal, are consistent with best
practices followed by other California cities and commensurate with the State of California and the
League of Women Voters' guidelines.
Lastly, we've proposed a four year transition to a "by district" election process beginning with voter
approval of the amended charter in Nov 2012 and culminating with the Nov 2016 municipal elections.
Residency requirements for city council districts 1 and 2 are established for the 2014 municipal elections
and likewise city council districts 3 and 4 for the Nov 2016 municipal elections.
We appreciate the opportunity to work as community members on this proposal. We hope that the
ideas we are presenting reflect the values of Chula Vista's citizens and the wishes of the City Council.
Sincerely,
i~ ~ ' '~
--
On Behalf of the Commission
Randy Bellamy, Chair
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Final Proposed Amendments to Chula Vista City Charter
re: Transition to By-District Elections
(July 11, 2012)
ARTICLE III. CITY COUNCIL.
Sec. 300. Members, Eligibility and Terms.
A. There shall be a City Council of five members, consisting of four
Councilmembers and a Mayor, elected at the times and in
the manner provided in this Charter.
1. The Mayor shall be elected from., the City_at large. No person
shall be eligible to hold the office of Mayor, or to be elected or appointed to
the office of Mayor, unless such person is a resident and registered voter
of the City or territory annexed to the City. Tq, be eligible to=seek election
to the office of Mayor, a person must'be a resident and registered voter of
the City or territory annexed to the City at #he'time of filing the nomination
papers for such office.
2. Each of the four `Councilmembers:_ shall be elected by the
__
voters of the Council district in wh~cli such person resides, such that the
voters of each of the four Council districts established under Section 300.5
of this Charter will ,elect one Councilmember. To be eligible to seek
election, or appointment, #o the office of Councilmember, a person must be
~:;
a registered voterof the Ctty or territory annexed to the City and resident of
the Council distnc#,~a!h-ch that, person seeks to represent at the time of
filing the nomination papers for` such office, or at the time of appointment
to such office; `respective., No person shall be eligible to hold the office of
Councilmember un~gss that: person is a registered voter of the City or
terntory:,annexed tovhe City and resident of the Council district which that
Councilmember represents. Only voters who live in a Council district shall
be eligible .to vote ,,^n the election for Councilmember for that Council
district. The •Council districts by which the four Councilmembers are to be
elected shall beyestablished and periodically adjusted in accordance with
the requirements of Section 300.5 of this Article.
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B. G. The term of each member of the City Council shall be for a nominal term of
four years and shall commence on the first Tuesday of December of the year of
the election, and shall continue until a qualified successor s takes the
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oath of office. The term for the Mayoral-seat and Councilmembers elected by
Council districts seats numbered one (1) and two (2) shall be deemed to
commence on the first Tuesday in December of 2014 and every fourth
anniversary thereafter, o+r-t"° f:rc! T..°c~'~~ =F n°_°,,,h°~ _+,onn and the term
for Councilmembers elected by Council districts seats numbered three (3) and
four (4) shall be deemed to commence on the first Tuesday in December 2016
and every fourth anniversary thereafter. ^+ #"° r"^' ,-..°^,~,•, ^f n°^°mh°. , nQQ
Notwithstanding the foregoing, if the official results for the election of the
office of Mayor or the office of Councilmember are not certified before the
first Tuesday in December, the term for the Mayor or Councilmembers)
elected at such election shall be deemed to commence upon taking the
oath of office, which shall be given at the first. scheduled City Council
meeting following certification of the election results
C. ~ No person shall be eligible for nomination and election#o the office of City
Councilmember or Mayor for more than two (2) consecutivey terms, and no
person who has held the office of Couricilmernber for a petiad` of two (2)
consecutive terms or the office of Mayor for two -{2) consecutive terms, may
again seek nomination and election to said offices of Councilmember or Mayor
respectively until a period of one (1) year from the termination of the second term
for Councilmember or Mayor has elapsed; provided, however, that any person
who is appointed by the Council tgfiill 3he,~office of Co,~ncilmember or Mayor may
not seek nomination and election to said of~iees of Councilmember or Mayor until
a period of one year from the termtnation of the"'appointed term has elapsed.
Said appointee shall be .eligible to seek nomination and election for two (2) full
n .,
terms thereafter. Any pe~son~ elected in a special election for the balance of a
regular term of Mayor and/or Councilmember for a period of two (2) years or less
may seek nomination.and election.,for two (2) full terms thereafter.
D. ~ Each Co'Wncll district seat shall be numbered one (1) through four (4)
respectively. Any `person -'running for ~ the office of
Councilmember shall designate, as the office for which such person seeks
electior ode of the ,numbered Council districts seats as memorialized by
resolution of the Chula-Vista City Council on file in the office of the City Clerk.
Should a vacancy occur at any time in any Council seat district, if said vacancy
is to be filled by a special election as provided in Section 303 of the Charter,
candidates for said vacancy shall similarly designate the appropriate numbered
district seat oh their nominating papers. ° °°~~^^ °'°^#~^^ +^ +"° r~+.,
(` 'I h II ..+ 4#• #' ++'I' n.++'n °I°^+ .~• .~•+ c°'r7 iJ:~fr:w4{~
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E. ~ F~ Any person to be elected at a general municipal election for the office
of Councilmember elected by~ered Council °~+ district~gh
#e~ or the office of Mayor for which nomination papers have been filed shall be
deemed elected upon receipt of a majority of the votes cast for the particular seat
Council district or the office of Mayor at the election. If no candidate at such
general municipal election receives a majority of the votes cast, there shall be a
special runoff election, to be held on the same date as the statewide election
date in November immediately following the general municipal election (if no
statewide election is conducted, then on the first Tuesday after the first Monday
of November of each even numbered year), between the two candidates
receiving the highest and second highest number of'votes in the general
municipal election for said seat Council district orthe office: of Mayor, in order to
determine the winner. By way of clarificatioh; ties amonq~,the candidates
receiving the two highest number of votes at the general municipal, election shall
be resolved by a special run-off election. ''
F. Fr. #. Any person to be elected at a special municipal election called to fill a
vacancy pursuant to the provls~on of Section 303 for the office of
Councilmember elected by °^•`'-, Council, seat districf ^^^^° ice;
#et~or the office of Mayor for which nomrn~#ron papers have been filed, shall be
deemed elected upon receipt of a majority~of the;vates cast for the particular seat
or the office of Mayor,<;a#, the election:' If no candidate at such special election
receives a majority, of the votes cast, there shall be a special run-off election to
be held on a date~t by the Cify Counc6'as soon after such special election as
practical between the~t~vo candidates..-,receiving the highest and second highest
number of votes, in s~ch~speciai 'election for said seat Council district or the
s~ F mar,.
office of Mayor~.~order to-,,determine the winner who shall be seated upon
certification of the results of_-the election. By way of clarification, ties among
candidates receiving'4he two highest number of votes at such special election
shall be" resolved by a special run-off election.
G. #~, f. If orig.the two eligible candidates dies on or before the ninetieth day
prior to the spee¢al'run-off election, his or her name shall not be placed on the
ballot. The candidate receiving the third highest number of votes in the general
municipal election for °^~~the office of Councilmember elected by
Council district or the office of Mayor shall be offered by the City Clerk, the
opportunity to be placed on the ballot in lieu of the deceased. The City Clerk shall
make the offer in writing immediately upon notification of the death. The
candidate shall accept or reject in writing to the Clerk within five calendar days of
receipt of the City Clerk's offer. If accepted, the special run-off election between
the remaining candidate and the candidate receiving the third highest number
shall be held. If rejected, there shall be no run-off election, and the remaining
candidate shall be deemed elected as of the date of such death.
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H. k ~ Any person to be elected at a special run-off election required under the
provision of this Section, shall be deemed elected upon receipt of the highest
number of votes for the particular seat-office of Councilmember elected by
Council district or the office of Mayor and shall be seated upon taking the
oath of office. Ties at such special run-off election shall be resolved by lot.
Section 300.5 Districting Commission
A. Establishment of City Districting Commission; Composition; Powers
and Duties ,..
1. Separate and distinct from the com-xtissions provided for in
Article VI of this Charter, there shall be estatil-shed ~ seven (7) member
Districting Commission, hereinafter "Comm„fission," for.,the purposes of
recommending to the City Council the Council districts by which
Councilmembers shall be elected, anc~~periodically recoin~el-ding to the
City Council adjustments to the boundaries of such Council,districts.
2. The first Commission established under this Section shall
~~_
recommend, and the City ~~pncil shall apjgCOVg, a Districting Plan
establishing four (4) Council distn~ts in a timelyiiranner, but no later than
February 1, 2014, for use in the Junev-20~~4 general municipal election.
Thereafter, future Commissions ~hafY recommend, and the City Council
shall approve, a D-stnr4Ung Plan for adjusting the boundaries of the four (4)
~~ ~ Y~,
Council districts :,within ;one (1) year of receipt by the City of the final
Federal Decer-n-al ;Cens-is information i`or use commencing with the next
scheduled general ~un-c-pal exec;Ion occurring at least three (3) months
after adopt~on~;of the~Fnal Dsti-ctng Plan. As used in this Section, the
~~
term "Fealeral~,De n-a1 Census" shall mean the national decennial census
that -s taken und~~the direction of the United States Congress at the
bepinn'n_p of each decade. `
3. <~~One or;=` more, as necessary, independent consultants
experienced~and competent in the skills necessary for the districting work
t ~xi rt
shall be ut-6zed,~-to assist the Commission in developing the Districting
Plans detailed iii this Section.
B. Ordinances Implementing Districting Commission Powers and
Duties; Appropriations to Support Districting Commission
1. The City Council shall adopt such ordinances as are
necessary to provide for and support the Commission, and to ensure
timely selection of .Commission members and full implementation of the
Commission's powers and duties under this Section.
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2. The City Council shall ensure, through the budget process, the
appropriation of funds sufficient to allow the Commission to carry out its
powers and duties under this Section.
C. Eligibility to Serve on the Commission.
1. Only persons who are both residents and registered voters of
the City or territory annexed to the City are eligible to apply for and serve
on the Commission.
2. Notwithstanding that they may be a resident and registered
voter of the City or territory annexed to the City, the' fol'IOwing persons are
ineligible to apply for and serve on the Commission: _,
a. the Mayor, a Councilmember, any},ether elected City
official, or a member of the City Charter Review Commissigni
b. a relative by blood, or m~i,r~age within the second
degree, or any domestic partner within ~~e"' meaning of California law
(including Family Code section 297), of the`1Vlayor, any Councilmember, or
any other elected City official; ~'` ' "
c. a person who, at an me rwithin the four (4) years
immediately preceding the date of .tie~~pp`tication for selection to the
Commission, has served as the N~ayor, a Councilmember, or an elected
City official;
d. a-cu[re~-t employee of the City or a current employee of
any organ~zaGon representing any employee bargaining unit for employees
of the City, "~~' ~"' ~
~~ ~ ~,..,
? e. a~~~person who, at anytime within the four (4) years
immediately preceding the date of their application for selection to the
Commiss~on;~has worked as a lobbyist. For purposes of this provision, the
,~.
term "lobbylsf"n means a person who, for compensation, has direct
communication;: with a City official, including the Mayor, a Councilmember,
or any electedzCity official, for purposes of influencing a municipal
decision;
f. a person who is currently an officer in any local political
party organization, including, but not limited to, officers of a political party
county central committee; and
g. a person who, at anytime within the four (4) years
immediately preceding the date of their application for selection to the
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Commission, has served as a paid campaign worker or paid campaign or
political consultant for an elected City official.
D. Selection of Commission Members; Filling of Vacancies
1. The City Charter Review Commission shall review and verify
the information contained in the applications submitted by persons
interested in serving on the Commission, including applicants' eligibility to
serve on the Commission under Subdivision C of this Section. Based on
that review, the Charter Review Commission shall identify the eligible
applicants. If there are only seven (7) eligible applicants, all seven (7) shall
be seated on the Commission. If there are more=than' seven (7) eligible
applicants, the City Charter Review Commission shall select a maximum of
ten (10) (or all eligible applicants if there are less thant~n (10)]_to constitute
the pool of eligible applicants for purposes o~ t-is Subdivision.
2. Four (4) Commission Members shall be randomly selected
from the pool of eligible applicants, ~'
3. Three (3) Commission Members;,shall be selected by the
randomly selected Commiss~~n Members ffrom he pool of eligible
applicants, subject to approval' by ahe City Council. The goal of such
selections shall be to ensure that, to the~extent possible and as permitted
bylaw, the Commission includes:
~>
a. wo-rienbA and men.. who reflect the racial, ethnic, and
geographic diversity of the City;
,~b,~ persons who ~ have relevant knowledge and/or
demonstrated~ai~a~ical abilities that would allow the Commission to carry
out i]s<responsibibfes w~th;a:~igh degree of competence;
c. peg ons who have demonstrated the ability to serve
a nonpartisan role;
d. ' 'persons who have experience in the areas of public
communication and/or public outreach in the City; and
e. persons who have experience in civic and/or volunteer
activities in the City.
The City Council shall approve these three (3) eligible applicants to be
seated on the Commission, unless the City Council finds by at least four (4)
affirmative votes that the approval of one or more of the three (3) would be
inconsistent with this goal_In such case, the City Council shall approve for
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selection to the Commission one or more persons from the remaining pool
of eligible applicants.
4. In the event that there are less than seven (7) eligible
applicants, all eligible applicants shall be seated on the Commission and
the City Council shall appoint additional persons as necessary to obtain
seven (7) members on the Commission. Such appointments shall be
consistent with the eligibility restrictions in Subdivision C of this Section
and the goals described in Paragraph 3 of this Subdivision.
5. The Members of the first Commission.. provided for in this
Section shall be determined no later than May 1;~ 2013. Thereafter, the
Members of subsequent Commissions shall bey determined no later than
May 1 of each year following the year in wh`-ch the Federal Decennial
Census is taken.
6. Vacancies on the Comm-ss~
~.~:
shall if possible be filled using the same;
of this Subdivision, and if not possible, f.
with the eligibility restrictions in Subdi
goals described in Paragraph aS of this
Commission shall be declared for-ttgysa-
Section 602(c) of this Charter. Vacancies
within 45 days of the date upon which=-the
E. Co.
Members
to City
m whatever;,~use arising,
s_ described in Paragraph 3
the City Council consistent
C of this Section and the
vision. A vacancy on the
anss described in Article Vl,
Commission shall be filled
cv existed.
Restriction on Commission
1. ~;Gomm-ssion Memfiers shall serve without compensation for
them serv~ces`~as such,,,but may receive reimbursement for necessary
traveling and otiiesr expenses incurred on official duty when such
expeneitures have received"authorization by the City Council.
,,.::
2. <,A person who serves as a Commission Member is ineligible to
serve on, and shall``not seek election fo, the Cify Council in any district
;-~ :~
whose boundar-cgs were drawn or adjusted by the Commission on which
such person served for a period of four (4) years immediately following the
end of the person's service on the Commission.
F. Districting Criteria.
The Commission and City Council shall adhere to the following criteria in
considering and approving or disapproving any Districting Plan:
1. District shall have reasonably equal populations as required
by the Federal and State constitutions.
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2. District boundaries shall be geographically compact and
contiguous.
3. District boundaries shall follow visible natural and man-made
features, street lines and/or City boundary lines whenever possible.
4. District boundaries shall respect communities of interest to
the extent practicable. A community of interest is defined as a geographic
area comprised of residents who share similar interests including, but not
limited to, social, cultural, ethnic, geographic or edr-omic interests, or
formal government or quasi-governmental relation_s'iips but not including
relationships with political parties, incumbents, or candidates.
5. District boundaries shall bey;, drawn without regard for
advantage or disadvantage to incumbents or challengers ,
6. District boundaries shat(~~e drawn without regard for
advantage or disadvantage to any political partji.
G. Procedures for Creation 4 of Draft and Recommended Districting
Plans.
The Commission and City shall abide by the "following procedure in any
districting process
1. The omm-ssion and City should actively encourage City
residents to part-cip e~ -r~11e d~st~-ctmg process. Such efforts should
include, bu~~sn~$t be lim-te`~`4to, 'encouraging City residents to attend
Commis-on mee~ngs,provide public comments to the Commission, and
fac-4ta#ing the submiss-~wf districting plans for consideration by the
Commission. To the~extenf practicable, Commission meetings should be
held in dierent geographic areas of the City so as to facilitate participation
by personsresiding~n different areas of the City.
2. Therb,Gommission shall approve a Draft Districting Plan based
on application of the districting criteria specified in Subdivision F of this
Section and consideration of all public comments submitted to it. Approval
of a Draft Districting Plan shall require the affirmative vote of at least five
(5) Commission members. The Commission shall hold at least two (2)
public meetings prior to approving a Draft Districting Plan.
3. A Draft Districting Plan approved by the Commission shall be
made publicly available for at least thirty (30) days before the Commission
may take any action to approve a Recommended Districting Plan. The
Commission shall hold at least two (2) public meetings between the release
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of a Draft Districting Plan and approval of a Recommended Districting Plan;
provided, however, that the first such public meeting shall not be held
sooner than seven (7) days following the release of a Draft Districting Plan.
4. The Commission shall thereafter approve a Recommended
Districting Plan for consideration by the City Council. Approval of a
Recommended Districting Plan shall require the affirmative vote of at least
five (5) Commission Members.
5. For each Recommended Districting Plan prepared by the
Commission and submitted to the City Council, the, Commission shall
prepare a report that describes the process, criteria; and evidence used by
the Commission to prepare the Recommended; Districting Plan. Such a
report shall accompany any Recommended Distracting Plan submitted by
the Commission to the City Council.
H. City Council Consideration of"Recommended Districting Plan;
Approval of Final Districting Plan.; v„ ,,
1. The City Council shall hold af`'feast one (1) public hearing on
the Recommended Districting, :Plan of the Commission before the City
Council takes any action toapprov or diseppro~ve the Recommended
Districting Plan. ~ ~~~ ~ ,
»Y ::
2. The Recommended D-stricbngf Plan shall be made publicly
available for at least fou`rt~en (14) days before any vote by the City Council
to approve or disapprove.a Recommended Districting Plan.
3. The City Council shall"not alter the Recommended Districting
Plan. Rather, She Cfty~,,,Council shall approve or disapprove the
Recommended Districting Plari in its entirety.
4:', ~, If the City Council approves a Recommended Districting Plan
it shall -mmediately=become the Final Districting Plan which shall be
5. If the City Council disapproves a Recommended Districting
Plan, the City Council shall immediately state in writing to the Commission
the reasons for such disapproval, including any deviations by the
Commission from the districting criteria specified in Subdivision F of this
Section. Thereafter, the Commission shall consider the City Council's
stated reasons for disapproval and may consider and approve alterations
to the Recommended Districting Plan in response to those reasons. After
such consideration, the Commission shall submit its Final Districting Plan
to the City Council for immediate implementation by the Cify. Approval of
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such Final Districting Plan shall require the affirmative vote of five (5)
Commission Members.
1. Referendum or Legal Challenge to Final Districting Plan.
1. Any Final Districting Plan approved under this Section shall be
subject to the referendum provisions of this Charter. If a referendum
qualifies againsf the Final Districting Plan approved by the first
Commission established under this Section, the City shall continue to elect
Councilmembers at-large until an election on the referendum is held. If a
referendum qualifies against any Final Districting,RJ~n approved by an
subsequent Commission, the City shall continue to"elect Councilmembers
by district in accordance with the Council distr~o~s then in effect until an
election on the referendum is held. In either,event;~~f~fhe voters approve
such a Final Districting Plan, the Council districts established in the Final
Districting Plan shall become effective as soon as practicat3Je. If the voters
reject such a Final Districting Plan, ,tfie Commission shall, as soon as
practicable, prepare and submit anew==~2ecom-~ended Districting Plan for
consideration and approval by the City Council-consistent with the process
described in Subdivision G of this Section ~ ~°_
2. If a court of col
Districting Plan, the Commission
submit a new Recommended
approval by the C~ty.,Council r
Subdivision G of this Sec~{~n.
J.
Soon invalidates a Final
is practicable, prepare and
n for consideration and
the process described in
Each ~ Com lesion. established under this Section shall cease
~~~
operations and dissolve on the ninety-first day following approval of a Final
~:~..
Distndfng Plan, unless a referendum against the Final Districting Plan has
qualified3~or a lawsuit has been filed to enjoin or invalidate the Final
Districting Plan, m Which case the Commission shall continue operations
until a Finaf•Distr~ct-ng Plan is implemented by the City. Notwithstanding
,:.. ,.
the foregoing, if a "lawsuit to enjoin or invalidate a Final Districting Plan is
filed later than =the ninety-first day following approval of a Final Districting
Plan, the Commission shall automatically revive and continue operations
during the pendency of such lawsuit and until a Final Districting Plan is
implemented by the City.
K. Transition to By-District Elections
1. A period of transition from at-large to by-district elections will
occur from the time of adoption of the first Final Districting Plan to the time
that the first by district elections are held. For this transition period, each
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councilmember who currently holds a Council seat will be designated as
the incumbent councilmember representing the Council district with the
same numerical designation in the first Final Districting Plan whether or
not that councilmember resides in that Council district. For example, upon
adoption of the first Final Districting Plan, the councilmember occupying
the previously-designated Council seat one (1) will be designated the
incumbent councilmember for new Council district one (1) whether or not
that councilmember resides in Council district one (1). Each of the
Councilmembers occupying office at the time of the effective date of this
Section shall be so designated.
2. The first by-district elections for Council districts one (1) and
two (2) shall occur during the municipal elect~on~ in 2014 and the first
district elections for Council districts three {3) ands-four (4) shall occur
during the municipal election in 2016. Notwtiistanding:the designation of
incumbent Councilmembers for purposes' of the trannsition period
described in Paragraph 1 of this Section, no, person shall be eligible to
seek election to a newly created Counc-1. district in any by-district election
unless such person is eligible to seek election under Subdivisions A and C
of Section 300 of this Charter. For purposes Qf the transition period, prior
service by an incumbent Cour~cilmember i-i,Foffice at the time of the
effective date of this Section shall Gaunt for purposes of determining that
;;,
Councilmember's eligibility under Su6d~~~~,~on -C of Section 300 of this
Charter to run for election in one of the Cotinc-l districts established under
the first Final Districting Play: Thus, a designated incumbent
councilmember of a ne~%~ created„;Council district during the transition
period may not be nominated for or elected in a by-district election for that
Council district unless (1)~i-e or she; is a resident of that Council district at
..:,
the time -lomir~,~tion payers are~~filed and (2) more than one (1) year has
elapsed sin°ce'the-fermmation of the second consecutive term in the office
of City Councilnber for which he or she was previously elected or
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