Loading...
HomeMy WebLinkAbout2012/08/07 Item 07CITY COUNCIL AGENDA STATEMENT ~~ CITY OF CHULAVIS(A AUGUST 7, 2012, Item ITEM TITLE: CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND THE CITY CHARTER TO PROVIDE FOR DISTRICT ELECTIONS, INCLUDING CHARTER REVIEW COMMISSION AND STAFF REPORTS REGARDING COUNCIL REFERRALS FROM JULY I7; 2012 MEETING: PROPOSED AMENDMENTS TO CHARTER SECTION 300.B. (COUNCIL ELIGIBILITY REQUIREMENTS), USE OF RANKED VOTING, AND MANDATORY RUNOFF ELECTION BETWEEN TOP TWO VOTE-GETTERS AT JUNE ELECTION FOR MAYOR AND CITY ATTORNEY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION 2012-127 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2012 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTION 300 AND ADD NEW SECTION 300.5 TO PROVIDE FOR DISTRICT ELECTIONS SUBMITTED BY: REVIEWED BY: THE CHARTER REVIEW COMMISSION JILL D.S. MALAND, ASSISTANT CITY ATTORNEY GLEN R. GOOGINS, CITY ATTORNE 4/STHS VOTE: YES ~ NO ~X SUMMARY In February 2012, the City Council directed the Charter Review Commission to drafr proposed Charter amendment language to provide for "by district" elections of City Councilmembers, for placement on the November 2012 ballot. The Commission prepared 7-1 the proposed language and presented it to the Council on July 17, 2012. After considering the Commission's report and proposed amendment, the Council directed certain revisions to the language. The Council referred additional issues to the Commission and staff for further consideration and recommendation to the Council. Staff has revised the proposed Charter amendment language in accordance with the Council's direction. In addition, the Commission met to consider the Council's referrals. The revised language and the Commission's report are submitted to the Council for 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. RECOMMENDATION The Charter Review Commission's recommendations are set forth in Exhibit A, and include the following: • Recommendation that the City Council place on the ballot the Commission's original proposed Charter amendment, utilizing a districting commission; • Recommendation that the City not pursue a rank voting system; and • Need for additional time to consider whether the possibility of being elected by majority vote in June should be eliminated for the Mayor and City Attorney Staff recommends that the Council consider the Charter Review Commission report, the revised Charter amendment language and the issues and recommendations presented by the Commission, staff and outside counsel, and take action as the Council deems appropriate. DISCUSSION I. 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 2 7-2 Commission's recommendation and directed the Commission to prepaze draft language for the Council's consideration for placement on the November 2012 ballot. The Commission worked with the City Attorney's office and special counsel over several months to prepare the drafr language, which was submitted to the City Council on July 17, 2012. During the July 17th meeting, the Council directed certain revisions to the proposed Charter amendment language. It also referred some matters for consideration and recommendation. The Commission met on July 26, 2012 to discuss and consider the Council's referrals; the Commission's responsive report is attached as Exhibit A to this Agenda Statement. In addition, in response to the Council's direction at the July 17`h meeting, special counsel has revised the proposed language. As explained in this report, this effort resulted in multiple versions of the proposed Charter amendment. The various versions are attached as Exhibits B through G for the Council's consideration. The specific revisions and referrals are discussed in detail below. II. REVISIONS TO THE PROPOSED CHARTER AMENDMENT LANGUAGE At July 17th meeting, the Council directed that the language be revised to reflect the Council's decisions made at that meeting. Those decisions and revisions are described below. A. Hybrid Elections The Council decided that the ballot measure should provide fora "hybrid" election system, rather than the "by district" system originally recommended by the Commission. Under the hybrid system, in the June "primary" election only those voters residing in a district would vote for the candidates in that district. The top two vote- getters would then proceed to an at-large, November runoff election, at which all voters in the City would be able to vote for a candidate in each district. The Council also determined that the runoff would be mandatory, even if one candidate received more than 50% of the votes in June. The Council further decided that, if there were only two candidates for the June election, both candidates would move on to the November election, without the necessity of a June "primazy" election. We have revised Charter section 300 to reflect these changes. Exhibits B through G all contain these revisions. B. Transition The Charter Review Commission recommended that the district elections be phased-in, such that, Council Seats 1 and 2 would transition to districts in 2014, and Council Seats 3 and 4 would transition in 2016. At the July 17`h meeting, the Council accepted that recommendation, with the exception of its application to Seat 2. The Council decided that Seat 2 should not be subject to district elections until 2018, unless the seat becomes vacant earlier. The City's outside specialty counsel who has been advising the City on this matter, Richard Miadich of Olson, Hagel and Fishburn LLP, has conducted extensive legal research into this issue since the July 17`h meeting. He has provided his analysis to the Council in a separate legal memorandum. We request that the City Council consider the issues raised and the advice given in that memorandum and 3 7-3 provide further direction on this issue. Exhibits B, D and F contain the revised transition schedule. C. Responsibility for Drawing District Boundaries The Charter Review Commission recommended that an independent districting commission be responsible for determining the district boundaries. At the July 17`h meeting, the Council voted against using a commission and requested that the Commission present the Council with some alternative options. The Commission met on July 26`h and discussed the Council's request. The Commission's responsive report is attached as Exhibit A to this Agenda Statement. In short, the Commission reaffirmed its original recommendation and determined that it would need additional time to identify other viable options. They are not recommending that this change be added to the amendment at this time. In light of the Commission's decision, Mr. Miadich has prepared three versions of the proposed Charter section 300.5 for the Council's consideration: the first contains the original recommendation from the Commission for use of an independent districting commission (see, Exhibits B and ~; the second omits the independent commission option and replaces it with another person or body, as the Council may direct, with a public hearing requirement prior to final Council approval (see, Exhibits D and ~; the third option utilizes the City Clerk rather than an independent commission, and does not require a public hearing or Council approval (see, Exhibits F and G). III. REFERRALS The City Council also referred certain issues to staff and the Commission for follow-up. Those issues are addressed below. A. Elimination of Majority Winner in June Primary for Mayor and City Attorney As stated above, the Council voted to have the proposed amendment eliminate the current Charter provision that allows a candidate receiving more than 50% of the vote at the June election to win outright, without the requirement of a runoff in November. The Council referred the issue of whether this change should also apply to the Mayor and City Attorney. The Charter Review Commission considered this referral at their meeting on July 26`h. As detailed in the Commission's report, they determined that they would need more time to adequately consider this issue and voted to take it up at a later date. B. Revisions to Charter Section 300.B. -Eligibility to Hold Office Charter section 300.b. currently reads as follows: "No person shall be eligible to hold office as members of the City Council unless they are residents of the City of Chula Vista, and at the time of their election or appointment, qualified electors of the City or of territory annexed thereto." 4 7-4 This section was revised during the drafting of the proposed Charter amendment for district elections. Revision of the section was necessary because the residency requirement for Councilmembers had to be changed to require each Councilmember to be a resident of the district the Councilmember represented. In discussing the revisions to that section, it became apparent that there may have been some ambiguity as to when the residency and qualified elector status requirements were triggered. This section has been consistently interpreted, when read in conjunction with the California Elections Code, to require proof of status as a registered voter of the City, at the time nomination papers are issued. The City Clerk has confirmed that the City Clerk's office has historically enforced these requirements Consistent with this interpretation. Thus, the language has been revised to remove the ambiguity and more clearly state those requirements. C. Ranked Voting System At the July 17a' City Council meeting, the City Council asked about the possibility of using Ranked Choice Voting fox elections in the City of Chula Vista. The City Clerk has gathered the following initial information to date, and recommends further legal analysis and research should the Council wish to pursue this topic further: Ranked Choice Voting (RCV) also known as Instant Runoff Voting (IRV), is a method of voting in which voters rank candidates for office in any order they choose and a single winner is elected, thus eliminating the need for run-off elections. Voters mark their ballots for multiple candidates in order of preference. The ballots are counted and the candidate with the least votes is eliminated. Then, a new round of counting begins with each ballot cast for the eliminated candidate counted toward the voter's next choice candidate listed on that ballot. This continues until only two candidates are remaining and the candidate with the highest number of votes is declared the winner. Implementing Ranked Choice Voting (RCV) would first require the California Secretary of State to certify equipment for such election, and would require amendments to the City's Charter to: 1) allow this voting method; 2) change its election date to be conducted apart from the County of San Diego; and 3) eliminate the requirement for Special runoff elections. In addition: 1) the Secretary of State certified Ranked Choice Voting system on a temporary basis for the County of Alameda and for the City and County of San Francisco, but has not certified the system for use in San Diego County; 2) Because the City Charter currently prescribes the election date for Chula Vista's elections to coincide with ~ California Elections Code section 201 provides that "no person is eligible to be elected or appointed to an elective office unless that person is a registered voter and otherwise qualified to vote for that office at the time that nomination papers are issued to the person or at the time of the person's appointment." 5 7-5 statewide elections and the California Elections Code requires that elections conducted in conjunction with Statewide elections to be consolidated, the City would need to conduct its elections separate from the Statewide elections; and 3) Ranked Choice Voting eliminates the need for runoff elections. The City Clerk also contacted the Registrar of Voters as well as the one elections vendor that works with cities in San Diego, neither of which are equipped to handle Ranked Choice voting. IV. NEXT STEPS In order to place a measure on the November 2012 ballot, the language of the measure and the ballot question must be provided to the County Registrar of Voters by August 10, 2012. On July 10, 2012, the City Council adopted the necessary resolution (Resolution 2012-127) to call the special election and consolidate it with the statewide election on November 6, 2012. If a measure is to be added to that election, we will need to amend Resolution 2012-127 to add the measure and approve the ballot question and the specific language of the measure. We have prepared and attached the requisite resolution, which refers to the measure by reference (it will be attached as an exhibit to the resolution). The proposed options for that language are attached as Exhibits B throueh G, as described in the matrix below: Exhibit Exhibit Description No. B Original version of the Charter amendment language, as recommended by the Charter Review Commission, with revisions made by Council at the July 17, 2012 meeting: • Retains districting commission (Section 300.5) • Provides for Hybrid Election (June by-district; November at-lazge) (Section 300) • Requires a runoff election between the top 2 candidates from the June election, even if one receives more than 50% in June (Section 300) • Seat 1 transitions in 2014; Seat 2 transitions in 2018, unless vacated earlier; Seats 3 and 4 transition in 2016 (Section 300.5) C • Same as Exhibit B, except retains transition schedule as recommended by Charter Review Commission (Seats 1 and 2 transition in 2014; Seats 3 and 4 transition in 2016) D Districting commission replaced with another body or person, as determined by the City Council; requires at least one public hearing and Council approval of district boundaries (Section 300.5) • Seat 1 transitions in 2014; Seat 2 transitions in 2018, unless vacated eazlier; Seats 3 and 4 transition in 2016 (Section 300.5) E Districting commission replaced with another body or person, as determined by the City Council; requires at least one public hearing and Council a royal of district boundaries (Section 300.5) 6 7-6 • Seats 1 and 2 transition in 2014; Seats 3 and 4 transition in 2016 F • City Clerk responsible for drawing district boundaries • No public hearing requirement • No City Council approval or involvement • Seat 1 transitions in 2014; Seat 2 transitions in 2018, unless vacated earlier; Seats 3 and 4 transition in 2016 (Section 300.5) G • City Clerk responsible for drawing district boundaries • No public hearing requirement • No City Council approval or involvement • Seats 1 and 2 transition in 2014; Seats 3 and 4 transition in 2016 V. CONCLUSION Staff is prepared to move forward, as the Council may 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. In addition, the City is incurring the costs of specialty counsel in this matter. Those costs are being absorbed by the City Attorney's office and are estimated at $38,000, to date. 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; Modesto spent approximately $48,000 on just its districting consultant.) 7 7-7 Attachments: Exhibit A: Charter Commission Report Exhibits B through G: Variations of Proposed Charter Amendment, as described in the "Exhibit Description" matrix, above 7-8 RESOLUTION NO.2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION 2012- 127 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2012 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTION 300 AND ADD NEW SECTION 300.5 TO PROVIDE FOR DISTRICT ELECTIONS WHEREAS, Resolution No. 2012-127 calling a Special Municipal Election to be held on Tuesday, November 6, 2012 was adopted on July 10, 2012; and WHEREAS, by adoption of Resolution No. 2012-127, the City requested that the County of San Diego Board of Supervisors permit the Registrar of Voters to perform and render all services and proceedings related to the conduct of the November 6, 2012 election; and WHEREAS, the Charter of the City of Chula Vista, Article III, Section 300 provides for the election, eligibility requirements, and term of office of the City Council members; and WHEREAS, the City Charter should provide for the election of the four City Councilmembers by district, whereby only the voters within a district can vote on the candidates in their district in the general municipal election; and WHEREAS, the City Charter should require a mandatory, city-wide runoff election in November between the top two candidates from the general municipal election for City Councilmembers; and WHEREAS, the City Charter should provide that, if there are only one or two candidates qualified for the general municipal election from any one district, those candidates should not be required to participate in the general municipal election, but should advance to the November, city-wide election; and WHEREAS, the City Charter should provide for the transition of all four Councilmember seats to district elections by the yeaz 2018; and WHEREAS, the City Charter should be amended to provide that the district boundaries should be drawn by [to be filled-in based on Council direction]. 7-9 Resolution No. Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows: SECTION 1. That the City Council, pursuant to its right and authority, does hereby place a measure amending Chula Vista City Charter section 300 and adding section 300.5, a copy of which is attached hereto as Exhibit A, on the ballot for the Special Municipal Election, to be held on November 6, 2012, and orders submitted to the voters the following question: Shall the City of Chula Vista Charter be YES amended to: provide for election of City NO Councilmembers from geographic districts in which they reside, with district boundaries drawn by [XXXXX], a June "primary" election at which only district residents can vote, followed by a November "runoff' election between the two top vote-getters at which residents City-wide can vote, with district elections starting in June 2014 and phased-in completely by June2018? SECTION 2. Should the question be approved by the requisite vote, the measure attached hereto as Exhibit A, and incorporated by this reference shall be enacted. SECTION 3. The City Attorney shall cause the preparation of an impartial analysis of the measure, which shall be due August 20, 2012. SECTION 4. The City Clerk is directed to prepare and publish a notice of the measures to be voted on. Direct Arguments shall be due by August 22, 2012, in the City Clerk's office, and the 10-day public review period for the arguments shall be August 23 to September 4, 2012. SECTION 5. The City Council hereby acknowledges its authority, pursuant to California Elections Code section 9282, to submit a written argument not to exceed 300 words in length. SECTION 6. Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments, rebuttal arguments will be allowed in accordance with Elections Code section 9285. Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will be August 30, 2012, in the City Clerk's office, and the 10-day public review period for the arguments shall be August 31 to September 10, 2012. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 7-10 Resolution No. Page 3 SECTION 8. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the elections. SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and file it with the City's original resolutions. Presented by: len . Googi s fomey Approved as to form by: ~~ Gl~~~. Googhl's ~~, City A£~omey ~~ 7-11 EXHIBIT A 7-12 August 2, 2012 From: Charter Review Commission To: Honorable Mayor Cox and City Council Dear Mayor and Council, As directed by the City Council, the Charter Review Commission has investigated options and reviewed our proposal for the process of creating council districts in the City of Chula Vista. We discussed the council district creation options presented during the City Council meeting of July 17, 2012. The options presented focused upon alternative entities responsible for creating a redistricting commission and/or mapping district boundaries. The entities we discussed are: the City Council, the City Clerk, the City Attorney, the City Manager, and the Charter Review Commission. We contacted Caliper Corp., the prime supplier of election district mapping software in California and determined there are no independent contractors providing election district mapping services. We reviewed the election district mapping processes employed by San Diego, Los Angeles, Modesto, and San Francisco. We reviewed our original goals for the process of creating Chula Vista Council districts. We noted there are still some California cities and jurisdictions where the local governing body determines their voting districts and the city of Stockton has appointed their city clerk to create council districts. We found the majority of California cities that have established council districts have created independent redistricting commissions by appointment or lottery to map their district boundaries. The independent redistricting commissions provide the best environment for an open and transparent process with little or no influence from sitting elected officials or others with a clear bias. This Charter Review Commission has maintained the desire to provide an open and transparent process for creating election districts throughout our deliberations. Discussion during the July 17, 2012 council meeting disclosed concern with the potential of our proposal to create additional bureaucracy and cumbersome duties. We took those comments to heart. We maintain our original proposal is the optimum method for ensuring an open and transparent process for creating election districts. The City Attorney's Office has also developed an alternative amendment proposal which may allow some flexibility re: the creation of a redistricting commission via appointment. It is possible that there may be other systems, which would still fulfill our goals, that might be simpler to implement and which could make the creation of districts an easier task. However, with the deadline imposed on the Charter Review commission to get a proposal ready for the November ballot we are not able to make a recommendation on any other proposal at this time. The City Council requested we consider and report on three referrals made at the July 17, 2012 council meeting. They are: Residency and Age Requirements for City Council Members EXHIBIT A 7-13 Use of Ranked Voting System in City Elections Elimination of Majority Vote in June Elections for Mayor and City Attorney We investigated ranked voting elections and determined our County Registrar's Office is not currently equipped to perform this type of election. Hence, Chula Vista would have to provide funding to the Registrar's office to establish ranked voting capability. Second, Chula Vista ranked voting elections would have to be held on dates separate from existing consolidated county-wide election dates. Third, Chula Vista would have to create and fund a ranked voting educational program. Therefore, we would recommend the council not pursue a ranked voting system at this time. With regard to the residency and age requirements for city council members, it is not our intent to recommend any changes to the city's current practices. However, we do find that current language in Section 300.A. 1 and 2 of the charter might be viewed with some confusion and we have proposed that the language be clarified in the proposed charter amendment. We have initiated discussions on eliminating the possibility for all city officials to be elected by a majority vote in a June election. At this time we are not prepared to provide a recommendation. We will continue to deliberate these topics and report out to you at a later date. On Behalf of the Charter Review Commission, Randy Bellamy Chair EXHIBIT A 7-14 EXHIBIT B 7-15 EXHIBIT B 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 f•^^~ +"° r'`~• ~* '^•^° at the times and in the manner provided in this Charter. 1. The Mayor shall be elected from the C~'=fit large. No person shall be eligible to hold the office of Mayor, or to b,!~~ elected or appointed to the office of Mayor, unless such person is a res-del~ and registered voter of the City or territory annexed to the C-ty T~'bbe ei~-jible to seek election to the office of Mayor, a person must be a f'esdent andegistered voter of the City or territory annexed to the C-ty a~ the'time of filing the !-omination papers for such office. ~"~ "_~ , .,- 2. Each of the four ~ manner provided in paragraph~~: appointment, to the office ©f, registered voter of the City or t~ the Council district which that filing the nomination papers for to such office, respect-vely. No F territory annexe Councilmember and ~uncilmerr-ti~rs shall be elected in the below To'~be.;;eligible to seek election, or ,,.,..~ ouncilmembe'r,. ;a person must be a i o :annexed to~the City and resident of ~rsoi'eeksto~ represent at the time of u~`officer at the time of appointment r'son shall`be eligible fo hold the office of ~n ~s„ a registered voter of the City or esldent of the Council district which that ~~ In""tb~~ener,~l~municipal election, the voters in each district from hich a Co c-Imenib`~ei is to be elected shall be entitled to vote for one (1 andidate 'om their district; and the two (2) candidates for Councilm~. ber -n eh district receiving the highest and second highest number of;~ es cas by the voters of their district shall be the candidates in a run-off electlo,~ to be held on the same date as the statewide election date in Novemb~r 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). if only two qualified candidates from a Council district file nomination papers to participate in the general municipal election in that district, no general election shall be held and the two candidates shall be the candidates at the run-off election for the office of City Councilmember from that district. If two or more candidates from a district tie in the receipt of the highest number of votes in the general municipal election, all such candidates shall appear on the run-off election ballot and no candidate(s) receiving the second-highest number of votes shall appear on the run-off election ballot. If one 1 7-16 candidate from a district receives the highest number of votes and two or more candidates from the same district tie in the receipt of the second- highest number of votes, all such candidates shall appear on the run-off election ballot. In the run-off election, the voters of the City at large shall be entitled to vote for one (1) candidate from each district for which a Councilmember is to be elected, and the candidate for Councilmember from each district receiving the highest number of votes cast shall be elected. 8. S: The term of each member of the City Co~~cit=shall kie~fp~_a nominal term of four years and shall commence on the firstTuesday of December of the year of the election, and shall continue until a Ci /ified~successor se's takes the oath of office. ~:' ' -Notwithstand~ltlg=t~eforegomg; if the official results for the election of the office of Mayor or ~h~office of Councilmember are not certified before the first Tuesday lnpecermber, the term"for the Mayor or Councilmember(s) elected at such electonshaN be deemed to commence upon taking the oath of offi~ce~~whrc`~hall Abe"given at the first scheduled City Council meetinovfolldwrripcertifie~tion of the election results. C ~~?Jo person shat) be eligible for nomination and election to the office of City Councilrn'fttlber or Mayor for more than two (2) consecutive terms, and no person wh"~o~as hel~~ the office of Councilmember fora period of two (2) consecutive terms o'the office of Mayor for two (2) consecutive terms, may .t „a again seek nortitrtion 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 to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person 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. 2 7-17 D. ~ Each Council 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 election, one 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 on their nominating papers. o°.nnnn n°°~,„n °~°n+inn +n ++,° r~+„ (`n mn'I oh..ll .++ +h° +'m of fil'nn nnminn+in °I°n+ n ° of nnir! din{rim{~ ° , ., n nn E. t* Any person to be elected at a general municipal election for ~efed ' ~ ~l~e office of May©f3for which nomination papers have been filed shall be deemed`~1cteda~upon receip~~of a majority of the votes cast for +"° ^^~*~^~ ~'^• ~^^+ ^• the offce of~' yQat the election. If no candidate at such general murncipal election recetves a ma7~~ity of the votes cast, there shall ~° be a special runoff eie~"kia,.n, to be eld on t~i`e same date as the statewide election date in~~vemtiet`~mmediately following the general municipal election (if no statewide eection is~~onducted then on the first Tuesday after the first Monday of Novemb"ei`~f~each~ve~Curp~iered year), between the two candidates receiving i hest`~d secb~ndhighest number of votes in the general municipa~~e~n~ ^°`~".,~.,t-ar the office of Mayor, in order to determine the winners By way of~larifical ~,~'ties among the candidates receiving the two hight3~~mber of vote at ttie general municipal election shall be resolved by a special ru~~ff election' F. #. Any person ,to~~be elected at a special municipal election called to fill a ~~~ vacancy pursua~3tto the provision of Section 303 for the office of Councilmember any-r~aa~ert~ Council seat ~#-feur-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 or the office of Mayor at 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 set by the City Council as soon after such special election as practical between the two candidates receiving the highest and second highest number of votes in such special election for said seat Council district or the office of Mayor in 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 the two highest 3 ~-ta number of votes at such special election shall be resolved by a special run-off election. G. 1. If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Section, 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 said-the office of Councilmember 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 withn,five calendar days of receipt of the City Clerk's offer. If accepted, the speca s~ruri=off election between the remaining candidate and the candidate receivirag`~the third highest number shall be held. If rejected, there shall be no run Q electiQ;n, and the remaining candidate shall be deemed elected as of the date of such~d'ea#h. H. d- Any person to be elected at a special run-off election requjred under the prev+sien-e# this Section, shall be deemedelected upon receip`tof the highest number of votes for the particular sea~office~of Councilmember or the office of Mayor and shall be seated upon taking tFie~oath of office. Ties at such special run-off election shall be resolved by lot `r~~ ~~ ~ ~;~ . :~ Section 300.5 Drstrrctmg Commissron~~~~~~~ ~u, .. A. Establishme~ttko~City Distri fin~Commission; Composition; Powers and Duties ~`# ~:. 1. Separ'bte~.and~distnct,from the commissions provided for in ~~" .ktifl ~S'~' :;:~4`~i ks~~sY Article VI ofthis Charter the>~si'tall be established a seven (7) member <,~ ~' Drstrrctip`g Cbmm~ssron'~hereinafter Commission, for the purposes of recommending f e C~Council the Council districts by which Councilmembers s IJ be~lected, and periodically recommending to the City Coucl adjustments to the boundaries of such Council districts. 2. `TJfe~, fist Commission established under this Section shall recommend, ~~uc~~'. the City Council shall approve, a Districting Plan establishing four (4) Council districts in a timely manner, but no later than February 1, 2014, for use in the June 2014 general municipal election. Thereafter, future Commissions shall recommend, and the City Council shall approve, a Districting Plan for adjusting the boundaries of the four (4) Council districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled general municipal election occurring at least three (3) months after adoption of the Final Districting Plan. As used in this Section, the term "Federal Decennial Census" shall mean the national decennial census 4 7-19 That is taken under the direction of the United States Congress at the beginning of each decade. 3. One or more, as necessary, independent consultants experienced and competent in the skills necessary for the districting work shall be utilized to assist the Commission in developing the Districting Plans detailed in this Section. 8. Ordinances Implementing Districting Commission Powers and Duties; Appropriations to Support Districting Commission ,, >e. 1. The City Council shall adopt such ordinances as are necessary to provide for and support the Corr`nssion, and to ensure timely selection of Commission members and full~iinplementation of the Commission's powers and duties under th~s~Sect~on ' hn ~. 2. The City Council shall en. appropriation of funds sufficient to a powers and duties under this Section. C. Eligibility to Serve on 1. Only persons who the City or territory annexed to on the Commissionx~~~ the budgeffrrocess, the mission ~o carry out its and registered voters of e fo apply for and serve 2, NQtw~thstandmg that th~y'inay be a resident and registered voter of the City ofErrito~`yxanrteed~to the City, the following persons are ineligible to~.apply fond see ve on' the Commission: a Councilmember, any other elected City Charter Review Commission; a~.relative by blood or marriage within the second degree, or ~ d.~nestic partner within the meaning of California law (including Faml ~^Code section 297), of the Mayor, any Councilmember, or any other a/ecteal City official; c. a person who, at anytime within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official; d. a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City; 5 7-20 e. a person who, at anytime within the four (4) years immediately preceding the date of their application for selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term "lobbyist" means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City 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 ~f '~' ~~ g. a person who, at an immediately preceding the date of their Commission, has served as a paid camp political consultant for an elected City o~fi~ four (4) years selection to the did campaign or D. Selection of Commission 1. The City Charter ` the information contained in interested in serving on the Comb serve on the Commission under reviewed and venf ed~p~licafioi ~:. , shall select ten(1~Oj perso~s to c< purposes of this SUbdiviston. nmrssa~~on shall review and verify rcationsubmitted by persons lud-ng applicants' eligibility to ~~~1 of this Section. From the .ity Charter Review Commission the pool of eligible applicants for 2. from shall be randomly selected ~~"'~~3;~, Three (3~ Commission Members shall be selected by the random elected ~~ommission Members from the pool of eligible applicant ub~ect ~o approval by the City Council. The goal of such selections shad/.be~to ensure that, to the extent possible and as permitted bylaw, the Co~r~i3irssion includes: a. women and men who reflect the racial, ethnic, and geographic diversity of the City; b. persons who have relevant knowledge and/or demonstrated analytical abilities that would allow the Commission to carry out its responsibilities with a high degree of competence; c. persons who have demonstrated the ability to serve impartially in a nonpartisan role; 6 7-21 d. persons who have experience in the areas of public communication and/or public outreach in the Cify; and e, persons who have experience in civic and/or volunteer activities in the City. The City Council shall approve nominees for selection to the Commission unless the City Council finds by at least four (4) affirmative votes that the approval of one or more of the nominees would be inconsistent with this goal. In such case, the City Council shall approv~~'or selection to the Commission one or more persons from the remaining pool of eligible applicants. „~ '~~~ ~, 4. In the event that not eno Commission to allow selection in the i or 3 of this Subdivision, the City 51, necessary to fill all seven (7) se appointments shall be consistent ~ Subdivision C of this Section and the this Subdivision. ~: ible pe~sozns apply for the rovidedhParagraphs 1, 2, shall appornt ,:persons as ;the Commission. Such eligibility restrictions in escribed in Paragraph 3 of 5. The Members of tF Section shall be determined no Members of subs eyt~e~t~~Commi. May 1 of each ,year fofwing 1 Census is taken'~~"'r,: Vin' ommission provided for in this nay 1, 2013. Thereafter, the ~~.• call be determined no later than in which the Federal Decennial 6. Vacancison the`"Commission, from whatever cause arising, shall if oss~e~~ie~,filled~u~smg the same process described in Paragraph 3 of th~~bdivis~orl~~d ~f~b~tt~possible, then by the City Council consistent w~th~f ~eligibihty r~stncfions in Subdivision C of this Section and the goals e`s~cribed in P;~ragraph 3 of this Subdivision. A vacancy on the Commissioshall bedeclared for the same reasons described in Article Vl, Section 602(ir,~"°of t~ s Charter. Vacancies on the Commission shall be filled within 45 days}~.the date upon which the vacancy existed. E. Commission Member Compensation; Restriction on Commission Members Seeking Election to City Council 1. Commission Members shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. 7 7-22 2. A person who serves as a Commission Member is ineligible to serve on, and shall not seek election fo, the City Council in any district whose boundaries 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 equals populations as required by the Federal and State constitutions. ~ ~f x. k ~~ ,= a; ~x 2. District boundaries shall bey g~eagrap~icdlly compact and contiguous. '` nr. 3. District boundaries shalt¢fvl qw visible natural and man-made features, street lines and/or City bounds Jrnes whenever possible. 4. District boundanes~ shall respect communities of interest to the extent practicable. A comrr-unify~of interes~~-s~`defined as a geographic area comprised of residents who shaie~~srmrlarzinteresfs including, but not limited to, social, cultural, ethnic, g2ograp}rrc or economic interests, or formal government~oY,~;tjuasi-governmental relationships, but not including relationships w~tfl ~olit~ca~parties, iRCUmbents, or candidates. 5 DistriEb~oU~d~ares µ. s,,hall be drawn without regard for tage,.orxdi~advan, age to mcu`inbents or challengers. Distnc~$bouidar-es shall be drawn without regard for or disadantagq~fo any political party. G. Pro~etlures fq Creation of Draft and Recommended Districting The Commission and City shall abide by the following procedure in any districting process: 1. The Commission and City should actively encourage City residents to participate in the districting process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission meetings, provide public comments to the Commission, and facilitating the submission of districting plans for consideration by the Commission. To the extent practicable, Commission meetings should be 8 7-23 held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City. 2. The Commission 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) daysefokwe the Commission may take any action to approve a RecommendetlDisfricting Plan. The Commission shall hold at least two (2) public -il~eet~ngs,between the release of a Draft Districting Plan and approval of a Re~~'ommentlepl Districting Plan; provided, however, that the first such p""u~i%iC meeting'~`~hall not be held sooner than seven (7) days following t~~e release of a Draft Districting Plan. 4. The Commission shall Districting Plan for consideration Recommended Districting Plait~al five (5) Commission Members. 5. For each Recomme Commission and sc~~¢i»itted to t prepare a report that de~'ibes the the Commissio~- o;. prepare the R report shall accomphnya`h,~ lRecol the Commission. to t~-e~Ctty Co~r-~cii therea~er approve a Recommended by theCity Council. Approval of a 1 require fli'e~affirmative vote of at least &v a. r5 ~ ~ Des Ming Plan prepared by the City Council, the Commission shall Process, criteria, and evidence used by ~mmended Districting Plan. Such a !mended Districting Plan submitted by H ~~City Counc~l~Consl~leration of Recommended Districting Plan; ~~~onroval of Fiiral Districtina Plan. 1.~e Cit 'Council shall hold at least one (1) public hearing on 3. The City Council shall not alter the Recommended Districting Plan. Rather, the City Council shall approve or disapprove the Recommended Districting Plan in its entirety. the Recom e,: ple Districting Plan of the Commission before the City Council takes »y action to approve or disapprove the Recommended Districting Plan 2. The Recommended Districting Plan shall be made publicly available for at least fourteen (14) days before any vote by the City Council to approve or disapprove a Recommended Districting Plan. 9 7-24 4. If the City Council approves a Recommended Districting Plan it shall immediately become the Final Districting Plan which shall be implemented by the City. 5. If the City Council disapproves a Recommended Districting Plan, the City Council shall immediately state in writing fo 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 fctf~ose reasons. After such consideration, the Commission shall submit,~s Final Districting Plan to the City Council for immediate implementation by,the City. Approval of such Final Districting Plan shall regwre the~'~ffirmafive vote of five (5) Commission Members. "`~ '~~n_ 1. Referendum or Legal Challenge, 1. Any Final Districting Plan approved under this Section shall be subject to the referendum provisions of this Charter. If a referendum qualifies against the FinalD~stricting Plan}wppproved by the first Commission established under~thrs~Sect~on, thel tty shall continue to elect ~ °«v~~e, Councilmembers at-large until ark, electEOn~on the referendum is held. If a referendum qualifies against any Final Districting Plan approved by a subsequent Commis~'iagp,the C~ty~shall continue to elect Councilmembers by hybrid elect-aiis as,rovided mw Section 300 using existing Council districts until ah~election~"'n the referendum is held. In either event, if the voters approve 5~ch ~,~F~~al §D~stricting Plan, the Council districts establishedJ+the Fm~lD~stncting Plan shall become effective as soon as pract~cable:~'""' if tl~e voters reject such a Final Districting Plan, the Comtefission shatl~s sooit~~as practicable, prepare and submit a new ~"~ Recom~ended D~stfi~tingSPlan for consideration and approval by the City Council~onsistent WSth the process described in Subdivision G of this ~~. Section. ~~~_~. 2. Ifs°~court of competent jurisdiction invalidates a Final Districting Planthe Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section. J. Dissolution of Districting Commission 10 7-25 Each Commission established under this Section shall cease operations and dissolve on the ninety-first day following approval of a Final Districting Plan, unless a referendum against the Final Districting Plan has qualified or a lawsuit has been filed to enjoin or invalidate the Final Districting Plan, in which case the Commission shall continue operations until a Final Districting 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 from At-Large Elections 1. A period of transition from pure elections described in Section 300 will occ plan to establish Council districts to their are held for each Council d-stnct"~1= Councilmember who currently holds a Co the incumbent Councilmember representi same numerical designation ~tt~ahe first implemented by the City Coutic-l; whetl resides in that Council district. ~FCI occupying the designated the ii whether or not , Each of the Coil date of this Secti e elections to the hybrid the time: of approval of a the first hybrid elections transrt-on,~~ period, each 'at will be designated as Council district with the ling plan approved and dot that Councilmember .le. the Councilmember j "Cotl~cil seat one (1) will be nber for new Council district one (1) resides in Council district one (1). "q office at the time of the effective ~~,~.~ ..,.max 2; Cou-~c-I district one (1) shall transition to the hybrid elections described in Section 30~~;.4 this Chan`er beginning with the general municipal election in2014sXCouncil district two (2) shall transition to the hybrid elections described in Section 300 beginning with general municipal election -n2Q18, pro-r-ded, however, that if the office of Councilmember for Council d-str"ict tw~~~ (2) is vacated prior to the 2018 general municipal ~.~#r,.: election, that "$'eat shall transition to the hybrid elections described in Section 300 be"grinning with the first special municipal election called for the purpose of filling such vacancy, and any person appointed to fill such vacancy must be eligible under Subdivisions A and C of Section 300 of this Charter. Council districts three (3) and four (4) shall transition to the hybrid elections described in Section 300 beginning with the general municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers for purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to seek election to a newly created Council district in any hybrid election unless such person is eligible to seek election under Subdivisions A and C of Section 300 of this 11 7-26 Charter. For purposes of the transition period, prior service by an incumbent Councilmember in office at the time of the effective date of this Section shall count for purposes of determining that Councilmember's eligibility under Subdivision C of Section 300 of this Charter to run for election in one of the newly created Council districts. Thus, a designated incumbent Councilmember of a newly created Council district during the transition period may not be nominated for or elected in a hybrid election for that Council district unless (1) he or she is a resident of that Council district at the time nomination papers are filed and (2) more than one (1) year has elapsed since the termination of the second consecutive term in the office of City Councilmember for which he or wshe was previously elected orappoinfed. 12 7-27 EXHIBIT C -28 EXHIBIT C 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 b~elected or appointed to the office of Mayor, unless such person is a re~lctent and registered voter of the City or territory annexed to the Crty Tt~"be rgble to seek election to the office of Mayor, a person must be a resident arid~'egistered voter of ~~:. the City or territory annexed to the City at the°time of filing the nomination papers for such office. ~~" 2. Each of the four Councilmembers shall be elected in the manner provided in paragraph (3) below To be,,, eligible to seek election, or :~ rr appointment, to the office o~~Councilmemtier, a person must be a registered voter of the City or fen'itoryaannexed t~wthe City and resident of the Council district which that ~uersor%sesks to represent at the time of filing the nomination papers fors c(i~office~~ at the time of appointment M to such office, respeCtit7el . No person shallie eligible to hold the office of Councilmemberf,"i-less rat persona is a registered voter of the City or territory anne~eelkb~the ~ity and resident of the Council district which that Councilmember repl~sen~s'~~ ~~ 3:~~" In^~"tlte~generalVmunicipal election, the voters in each district fromxf~hich a Counc~lmemer"is to be elected shall be entitled to vote for one`'(~~j candidate ~fom their district; and the two (2) candidates for Councilmember m each district receiving the highest and second highest number of~t!~pxes cas~~by the voters of their district shall be the candidates in a run off election*fo be held on the same date as the statewide election ~~.~. date in Novembe ~ 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). If only two qualified candidates from a Council district file nomination papers to participate in the general municipal election in that district, no general election shall be held and the two candidates shall be the candidates at the run-off election for the office of City Councilmember from that district. If two or more candidates from a district tie in the receipt of the highest number of votes in the general municipal election, all such candidates shall appear on the run-off election ballot and no candidate(s) receiving the second-highest number of votes shall appear on the run-off election ballot. If one 1 7-29 candidate from a district receives the highest number of votes and two or more candidates from the same district tie in the receipt of the second- highest number of votes, all such candidates shall appear on the run-off election ballot. In the run-off election, the voters of the City at large shall be entitled to vote for one (1) candidate from each district for which a Councilmember is to be elected, and the candidate for Councilmember from each district receiving the highest number of votes cast shall be elected. 8. G The term of each member of the City Co~urtcif=shall be':for a nominal term of four years and shall commence on the first~~'uesday of Decerrib~er of the year of the election, and shall continue until a gitalified~successor y°"~ takes the Oath Of OfflCe. Thn form fnr Fhn AAn~~nrnlW'+3f onrJ %'r'n~~nnilrne~rHfs`~rc o/enEe,r ti~i -Notwithstandingxthe forego-ng,~if the official results for the election of the office of May,.t~r or t~ office of Councilmember are not certified before the first Tuesdajrin„:,Dec tuber, the ter-'for the Mayor or Councilmember(s) elected at such ele`~ction~ahalJz„be deemed to commence upon taking the oath of off~ce,;,wh-cir~hall be'g-ven at the first scheduled Cify Council meeting.~o~~oril~~ertificat-on of the election results. C <~~~N~erson sha~~e eligible for nomination and election to the office of City Councilmeiber or Nfayor for more than two (2) consecutive terms, and no person wf`~~~:; as helc~'''~'the office of Councilmember for a period of two (2) consecutivee~.`Ia~s pr' the office of Mayor for two (2) consecutive terms, may again seek norrl,;b~tion 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 to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person 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. 2 7-30 D. ~ Each Council 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 election, one 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 on their nominating papers. P~-~^^° _°°~.~:.^^ °le^+:_^ +_ +he ~~+•• ., !`n ~ nil chill .~+ +h^ 1im° .~i AGn^ ^^minntir~n ^ nlnn+ ^ ^f r...'rl d:c.Ir:..Fc. E. ~ Any person to be elected at a general mur?'~jpal election for Wired ~:~he office of Mayor=~or Which nomination papers have been filed shall be deemed'e eC~ed~ upon rece~pt~of a majority of the votes cast for th° ^^~+~^ '^• ^°^* ^r the office o'~Maror at the election. If no candidate at such general municipal election receive~s~a m~C~i~y of the votes cast, there shall be a special runoffbefi~#ign, to be tt~eld on the same date as the statewide election date in Niiember>~Immediate~y~ following the general municipal election (if no statewide~l~;~tion is ~~COnducted, t~tadn on the first Tuesday after the first Monday of November, ti,ga~hy~e~u~bered year), between the two candidates receiving )a,ghest~aAd second~~fiighest number of votes in the general municip~ale~itafi'or saEs~'~ eat-ef the office of Mayor, in order to determine the wrnn~By way °~~Imarificat9i~~t"`ties among the candidates receiving the two highees ~=dumber of vots at tl~e general municipal election shall be resolved by a speciaut~gff election F. #. Any p son t~be elected at a s ecial munici al election called to fill a ~,t~ p p vacancy pursuanf to the provision of Section 303 for the office of CouncilmembeieiJ. Council seat ^^° +hr^n^h s„ r 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 or the office of Mayor at 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 set by fhe City Council as soon after such special election as practical between the two candidates receiving the highest and second highest number of votes in such special election for said seat Council district or the office of Mayor in 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 the two highest 3 7-31 number of votes at such special election shall be resolved by a special run-off election. G, f. If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Section, 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 sa;~-eeat the office of Councilmember 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 withi~,five calendar days of } receipt of the City Clerk's offer. If accepted, the specat gun-off election between the remaining candidate and the candidate receivi~atj~~j~e third highest number shall be held. If rejected, there shall be no run-aff election, and the remaining candidate shall be deemed elected as of the date of such de`~th. H. J- Any person to be elected at a spe ' al ru prev+sien-e# this Section, shall be deem~~~ele~ number of votes for the particular sea~offia Mayor and shall be seated u~on taking th'e special run-off election shall be resolved by lot. Section 300,5 Districting A. Esta and Duties election required under #~e apon receipt~of the highest n"cilmember or the office of h of office. Ties at such r .t `.~; -. ~n; Composition; Powers 1. Separat~,and„~~t/i~~ct ,from the commissions provided for in Article VI of this ChsiYe , there shall be established a seven (7) member Districting" Coniitnrssion, , ereinafter "Commission,' for the purposes of recommending tira~the '~C~A~~Council the Council districts by which CotS`"nc~r~embers shad beglected, and periodically recommending to the City Council adjustments to the boundaries of such Council districts. 2, The fist Commission established under this Section shall recommend, a~~d the City Council shall approve, a Districting Plan establishing fou"r (4) Council districts in a timely manner, but no later than February 1, 2014, for use in the June 2014 general municipal election, Thereafter, future Commissions shall recommend, and the City Council shall approve, a Districting Plan for adjusting the boundaries of the four (4) Council districts within one (1) year of receipt by the Cify of the final Federal Decennial Census information for use commencing with the next scheduled general municipal election occurring at least three (3) months after adoption of fhe Final Districting Plan. As used in this Section, the term "Federal Decennial Census" shall mean the national decennial census 4 7-32 that is taken under the direction of the United States Congress at the beginning of each decade. 3. One or more, as necessary, independent consultants experienced and competent in the skills necessary for the districting work shall be utilized to assist the Commission in developing the Districting Plans detailed in 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 any full;irilplementation of the Commission's powers and duties under thinS~ct~on ~~~ ti, 2. The City Council shall en. appropriation of funds sufficient to powers and duties under this Section. C. Eligibility to Serve on 1. Only persons who the City or territory annexed to on the Commissions=:, the budge#:process, the mission ,top carry out its and registered voters of e to apply for and serve 2. Notwithstanding that they~may be a resident and registered voter of the City o~#er~itr}r,~~anex° to the City, the following persons are ineligible to5apply for and serve'o'n~the Commission: a Councilmember, any other elected City Charter Review Commission; ~b. a~=relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Fa-rii(~~Code section 297J, of the Mayor, any Councilmember, or any other elected City official; c. a person who, at anytime within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official; d. a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City; 5 7-33 e. a person who, at anytime within the four (4) years immediately preceding the date of their application for selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term "lobbyist" means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City 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 an' immediately preceding the date of their Commission, has served as a paid camp;. political consultant for an elected Cityroffi~ four (4) years election to the 'd campaign or D. Selection of Commission 1. The City Charter `Re the information contained iri interested in serving on the Corr serve on the Commission under reviewed and verif~Qd~plicatio, shall select ten (~~A) pers~"ps to ci purposes of fhis'S~bdivis~on. Vacancies nm-s~"fon shall review and verify icat-ons~;s'abmitted by persons ilcludmg applicants' eligibility to -o~n"~C of this Section. From the .-ty Charter Review Commission the pool of eligible applicants for 2. Four (4)~ omm-s~iot~~ Members shall be randomly selected from ~ 3~ Three ~(3~ Commission Members shall be selected by the randoml~selected'Commission Members from the pool of eligible apphcant~~ubject ~e approval by the City Council. The goal of such selections sli~llabe~=to ensure that, to the extent possible and as permitted ~~ ~~~ bylaw, the Corti-m~ssion includes: a. women and men who reflect the racial, ethnic, and geographic diversity of the City; b. persons who have relevant knowledge and/or demonstrated analytical abilities that would allow the Commission to carry out its responsibilities with a high degree of competence; c. persons who have demonstrated the ability to serve impartially in a nonpartisan role; 6 7-34 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 Cify Council shall approve nominees for selection to the Commission unless the City Council finds by at least four (4) affirmative votes that the approval of one or more of the nominees would be inconsistent with this goal. In such case, the City Council shall approve;;; for selection to the Commission one or more persons from the remaining pool of eligible f'~ applicants. ~~ ~~ 4. In the event that not eno Commission to allow selection in the r. or 3 of this Subdivision, the City ; necessary to fill all seven (7) -s" appointments shall be consistent ~ Subdivision C of this Section and the this Subdivision. ~~w :eligible persn~ns apply for the e~ provided r4aragraphs 1, 2, icilyshall appoints persons as on~~„the Commission. Such the eligibility restrictions in Isdescribed in Paragraph 3 of 5. The Members of tfi Section shall be determined no Members of subsept~~#Commi. May 1 of each year following t Census is taken~~;. ~~° ommission provided for in this i'r~ lily 1, 2013. Thereafter, the hal-~ be determined no later than in which the Federal Decennial 6. ~~~acanci~on tlie~Colnmission, from whatever cause arising, ~~ wz shall if possible~~e filled sing the same process described in Paragraph 3 of thls~Subdivis~oq~~~nd ifryn;~t~possible, then by the City Council consistent w~th`~'re eligibility resfnctibns in Subdivision C of this Section and the goals ~Besibed inParagraph 3 of this Subdivision. A vacancy on the Commissionishall bedeclared for the same reasons described in Article Vl, Section 6020) f this Charter. Vacancies on the Commission shall be filled within 45 days''~~ie date upon which the vacancy existed. E. Commission Member Compensation; Restriction on Commission Members Seeking Election to City Council 1. Commission Members shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. 7 7-35 2. A person who serves as a Commission Member is ineligible fo serve on, and shall not seek election to, the City Council in any district whose boundaries 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 populbtions as required by the Federal and State constitutions. 2. District boundaries shall be.x~-geQgrapHica/ly compact and contiguous. ._.. „. 3. District boundaries shalf~f~flow visible natural and man-made features, street lines and/or City boundary~`'hnes whenever possible. 4. District boundariesx shall respect ~~+ommunities of interest to the extent practicable. A commumty>;o~ mferest -s~fefined as a geographic area comprised of residents whc'~ hate"rmtlar in~ferests including, but not <~~ ~,x. limited to, social, cultural, ethmc~5 ~iographlc or economic interests, or formal government~o"si-gove~'nmental -'elationships, but not including relationships with;~olib 'aT parties, incumbents, or candidates. 5. Distnc~" >b u ~~~ ~,~s/'all be drawn without regard for tage or~dsadva~i~#age to ncYlmbents or challengers. Disth~t~,bou'~i~7a~es shall be drawn without regard for or disadvantageo any political party. G. Proc@dpres for' Creation of Draft and Recommended Districting Plans: The Commission and City shall abide by the following procedure in any districting process: 1. The Commission and City should actively encourage City residents to participate in the districting process. Such efforts should include, but not be limited to, encouraging Cify residents to attend Commission meetings, provide public comments to the Commission, and facilitating the submission of districting plans for consideration by the Commission. To the extent practicable, Commission meetings should be 8 7-36 held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City. 2. The Commission 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 th~Gommission shall be made publicly available for at least thirty (30) daysy)efoYe the Commission may take any action to approve a Recommendet~~Districfing Plan. The Commission shall hold at least two (2) public p~eet-n~s.between the release of a Draft Districting Plan and approval of aecommeno'ed Districting Plan; provided, however, that the first such.blic meetingshall not be held sooner than seven (7) days following t~~ release of a Draft"Diistrcting Plan. 4. The Commission shall therepfler approve a Recommended Districting Plan for consideration by thety Council. Approval of a Recommended Districting Planhall require th~;affirmative vote of at least five (5) Commission Members. ~~~~ 5. For each Recommei~ed`~ D-stri~'fing Plan prepared by the Commission and subbsi#ted to the~City Council, the Commission shall prepare a report that des~Ctibes the "process, criteria, and evidence used by the Commissionto, prepare the Recommended Districting Plan. Such a report shall accompany~~ny~Re~gommended Districting Plan submitted by the Com~ss-orl fo the~C-ty CoInci% ~~ ~~~~ H. ~~~C-ty Council Consideration of Recommended Districting Plan; ~A?pproval of ~M"al Districting Plan. 1. `T a Cit%Council shall hold at least one (1) public hearing on the Recomme, de~Districting Plan of the Commission before the City Council takes ~ action to approve or disapprove the Recommended Districting Plan. 2. The Recommended Districting Plan shall be made publicly available for at least fourteen (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, the City Council shall approve or disapprove the Recommended Districting Plan in its entirety. 9 7-37 4. If the City Council approves a Recommended Districting Plan it shall immediately become the Final Districting Plan which shall be implemented by the City. 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 ta<.?those reasons. After such consideration, the Commission shall submit, its Final Districting Plan to the City Council for immediate implementatiojtµJiythe City. Approval of such Final Districting Plan shall require the =:'~ffirmatve vote of five (5J ~.:: Commission Members. ~,,. ~'~' ~ ;spew I. Referendum or Legal Challenge, 1. Any Final Districting Plan appro+~ed under this Section shall be subject to the referendum provisions of this Charter. If a referendum w,"~'" qualifies against the Finals;~fstricting Plank approved by the first Commission established underlhis~~t~ion, the~~"fj~ shall continue to elect Councilmembers at-large until ane/ec~/on~on ythe referendum is held. If a referendum qualifies against any Final D~s~`ncting Plan approved by a h.. ~ ~ ~~ subsequent Comms~q, the City shall continue to elect Councilmembers by hybrid electip s as~~ovided i~ry Section 300 using existing Council districts until arr~.electionion the referendum is held. In either event, if the voters approve s h ~a~~{~1 D "fricting Plan, the Council districts established rn ;the F~`! Distnctin'Plan shall become effective as soon as ~~ ~~r: ~. practicable ~°jf~the ters reject such a Final Districting Plan, the xt ~~- a Commission shall,.as soo~~~as practicable, prepare and submit a new Rec~o'itranded Distri~fing4Plan for consideration and approval by the City Counci~°~consistent kith the process described in Subdivision G of this Section. ~t 2. /f~~ court of competent jurisdiction invalidates a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section. J. Dissolution of Districting Commission Each. Commission established under this Section shall cease operations and dissolve on the ninety-first day following approval of a Final Districting Plan, unless a referendum against the Final Districting Plan has 10 7-38 qualified or a lawsuit has been filed to enjoin or invalidate the Final Districting Plan, in which case the Commission shall continue operations until a Final Districting 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 from At-Large Elections 1. A period of transition from pure at-~ elections described in Section 300 will occur fi plan to establish Council districts to the t-me t are held for each Council district. Fort Councilmember who currently holds a Counci the incumbent Councilmember repre~e`~nting t same numerical designation in thei,~5k dis implemented by the City Council, whetrigr+ resides in that Council district. For occupying the previously-designated Coun designated the incumbent Cou`nc-'member for whether or not that Councilmember ids-des ~.~~. Y~-.M,. Each of the Councilmembers oce p~!1ng officE date of this Sect-ons/}~11€be so designated. w` rgeXelections to the hybrid m the time of approval of a at fh~e~irst hybrid elections s trai-s~tign period, each seat wl%'t~~designated as e Council'°tlstrict with the q: acting plan ;approved and not that Councilmember nple, the Councilmember Y/ seat one (1) will be ie~}Council district one (1) n~kCouncil district one (1). at the time of the effective 2. C©u-fcil distr.""ts one (1),and (2) shall transition to the hybrid elections descr-bed~rn ~~ tipn 3Q0~"of this Charter beginning with the general municipal efe~ion -~n21±t Council districts three (3) and four (4) shall traris- io-~''~c~ e h"yb~r"d elections described in Section 300 beginning w-th ~~e generai~, ~ un- -~%ah~ election in 2016. Notwithstanding the des-gpatton of inc-Y' ent :Councilmembers for purposes of the transition period a1'SCribed in Paragraph 1 of this Section, no person shall be eligible to seek e1e'ctipn fo~newly created Council district in any hybrid election unless such person s eligible to seek election under Subdivisions A and C of Section 300~`q~~lfhis Charter. For purposes of the transition period, prior service by an~ncumbent Councilmember in office at the time of the effective date of this Section shall count for purposes of determining that Councilmember's eligibility under Subdivision C of Section 300 of this Charter to run for election in one of the newly created Council districts. Thus, a designated incumbent Councilmember of a newly created Council district during the transition period may not be nominated for or elected in a hybrid election for that Council district unless (1) he or she is a resident of that Council district at the time nomination papers are filed and (2) more than one (1) year has elapsed since the termination of the second 11 7-39 consecutive term in the office of City Councilmember for which he or she was previously elected or appointed. 12 7-40 EXHIBIT D 7-41 EXHIBIT D 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 shall be eligible to hold the office of Mayor, or the office of Mayor, unless such person is a i of the City or territory annexed to the C-t to the office of Mayor, a person must b ~a res the City or territory annexed to the Cit~at the papers for such office. "~~ 2. Each of the four Coui manner provided in paragraph`~'3 „ appointment, to the office o`~o registered voter of the City or tewrjto the Council distncf which that pars filing the nominat-or~`~p~ers for suc. to such office, rps"pectivel~. No pars Councilmember~ unless ~%at person territory annexed :ty at large. No person elected or appointed to ~nt:and registered voter ~ligb}e o seek election and registered voter of of fihnq ~lfe' nomination nemkers shall be elected in the To b~igiible to seek election, or ilmembet' a person must be a niiexe~`to the City and resident of see~cs~ to represent at the time of fice;~ or at the time of appointment hall be eligible to hold the office of a registered voter of the City or ~t of the Council district which that i3, In the ~'eneral~~lr"iunicipal election, the voters in each district from i%vhich a Count"memtier is fo be elected shall be entitled to vote for one (1)`~c ndidate ~ m their district; and the two (2) candidates for Councilm~e~k~er in each district receiving the highest and second highest number of votes;.„cast by the voters of their district shall be the candidates in a run-off 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). If only two qualified candidates from a Council district file nomination papers to participate in the general municipal election in that district, no general election shall be held and the two candidates shall be the candidates at the run-off election for the office of City Councilmember from that district. If two or more candidates from a district tie in the receipt of the highest number of votes in the genera/ municipal election, all such candidates shall appear on the run-off election ballot and no candidate(s) receiving the second-highest 1 7-42 number of votes shall appear on the run-off election ballot. If one candidate from a district receives the highest number of votes and two or more candidates from the same district tie in the receipt of the second- highest number of votes, all such candidates shall appear on the run-off election ballot. In the run-off election, the voters of the City at large shall be entitled to vote for one (1) candidate from each district for which a Councilmember is to be elected, and the candidate for Councilmember from each district receiving the highest number of votes cast shall be elected. 8. ~ The term of each member of the City Cnuric5l shall be for a nominal term of four years and shall commence on the firs(~'Tuesday of December:.of the year of the election, and shall continue until a tfahfied spcessor takes the ~~4 s oath of office. Ttie +e..., f.,~ +tio nn..,,....,i ~ ~+ .,..:~ r ' ..a..,,..»w,..~ ,.~ese.r ti.. -Notwithstanding th~foregomg;,if the official results for the election of the office of Mayoor the)~Office of Carincilmember are not certified before the first Tuesday m Qec~eriberr~~the term for the Mayor or Councilmember(s) elected at sub election shalt beddeemed to commence upon taking the oath offfice, • "ch sell be given at the first scheduled City Council meetii~q followin rfificatio~''of the election results. C. B- No erson shall;`te eligible for nomination and election to the office of City Councilmem}6 .r or Nl~~yor for more than two (2) consecutive terms, and no person who~~eld the office of Councilmember for a period of two (2) consecutive tertt~: or the office of Mayor for two (2) consecutive terms, may again seek nomihation 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 to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person 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. 2 7-43 D. ~ Each Council 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 election, one 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 on their nominating papers. p°•°^^° °~~^^ °'°^+~^^ +^ +h° r,«., E. ~ Any person to be elected at~~a.general municipal election for aver-ed " ~~ifrce of Mayor~fo4~which nomination papers have been filed shall be deemed e~ecte p+~ ~ecerpt of a majority of the votes cast for ~ the office of Ma o~a`the election. If no candidate at such general municip~h~~j~~tion receV~s a majority of the votes cast, there shall be a special run~t~f~ election, to be h"eld on the same date as the statewide election date in.~Novemberinmediately~following the general municipal election (if no statewide election,{is~'canduoted~"then on the first Tuesday after the first Monday of Ialow.e~ber bf~each e~ef~t~Yimbered year), between the two candidates receivin a tii~est ah~f second highest number of votes in the general muniai~~al election ~~rsa~-~se~ the office of Mayor, in order to determine the winri" : $ way of clarificafon, ties among the candidates receiving the two highest ber of votes at the general municipal election shall be resolved by a special run=.f„~IecUon~~~~ F. #. Any perso'to be elected at a special municipal election called to fill a vacancy pursuant to the provision of Section 303 for the office of Councilmember any-nar~beFed Council seat ^^° +hrr.,,^H s^,,. 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 or the office of Mayor at 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 set by the City Council as soon after such special election as practical between the two candidates receiving the highest and second highest number of votes in such special election for said seat Council district or the office of Mayor in order to determine the winner who shall be seated upon certification of the results of the 3 7-44 election. By way of clarification, ties among candidates receiving the two highest number of votes at such special election shall be resolved by a special run-off election. G. 1. If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Section, 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 sai;a-meat-the office of Councilmember 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 wftin'fve calendar days of receipt of the City Clerk's offer. If accepted, the spee~a~ run-off election between the remaining candidate and the candidate receiving th~l;hird highest number shall be held. If rejected, there shall be no run ofF electidn~and the remaining ,x candidate shall be deemed elected as of the date"of such death„=,,, H. ~ Any person to be elected at a spe~~l run-o~~,election required under tie grevisiea--e€ this Section, shall be deemed ele~teii upon receipt of the highest number of votes for the particular seat-office ofCguncilmember or the office of Mayor and shall be seated up'an taking the Bath of office. Ties at such special run-off election shall be reso"tv~d,hy, lot. ~~~ ' Section 300.5 Establishment of Co`uncti Districts; Periodic Redistricting A. The City shall be divided into four (4J City Council districts. B. The ~~~ s~allKret~in otie or more, as necessary, independent ~~~ consultants xperien ,d anccompetent in the skills necessary for the districtixlg w~,or~~urposes of creating one or more plans for dividing the Cityc~o four (4) tatty Co~cf'disfricts. The City Council shall approve a plan "fob dividing they pity into four (4) City Council districts no later than February 1, 2014 fo'r use commencing with the June 2014 primary C. Thereaffefollowing_the Ctty's receipt of final Federal Decennial Census inforrr~ation, fhe r~'1( shall, with the assistance of independent consultants as necessary, propose adjustments to the boundaries of the four (4) Council districts. The City Council shall approve any adjustments to the boundaries of the four (4) Council districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled primary municipal election. As used in this Section, the term "Federal Decennial Census" shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade. 4 7-45 D. The City Council shall adopt such ordinances as are necessary to .. ,r.,. provide for and support the ~Xj[jC3oc)ocXfs7 duties in proposing the establishment of and periodic adjustments to the four (4) Council districts. The City Council shall ensure, through the budget process, the appropriation of funds sufficient to allow the T~j to perform the duties described in this Section. E. Council districts shall be established and periodically adjusted based on the following criteria: 1. Districts shall have reasonably equal by the Federal and State constitutions. 2. District boundaries shall be contiguous. 3. District boundaries shall fa features, street lines and/or City bourt"~a 4. District boundaries shall r the extent practicable. A corri"inunity of area comprised of residents wh~~share limited to, social, cultural, ethnic, g2p formal government or quasi-gov~`r-rr en relationships with political parties, incur, 5. L advantage or as required compact and man-made ~speci'ry communities of interest to interes~kls defined as a geographic s~m-Iar Titerests including, but not graphic, or economic interests, or tall~{a't-onships, but not including ~berits. or candidates. be drawn without regard for or challengers. ~Disf~. boundaries shall be drawn without regard for or disaa(~antage~tbxany political party. F. T~te~=City Council shall hold at least one (1) public hearing on any plan to establish or~djust the boundaries of, Council districts before the City Counci~~~alses.any action fo approve or disapprove such a plan. G. Referendum or Legal Challenge to Final Districting Plan. 1. A plan to establish or adjust Council districts that is approved by the City Council shall be subject to the referendum provisions of this Charter. If a referendum qualifies against a plan to establish Council districts for the first time, the City shall continue to elect Councilmembers at-large until an election on the referendum is held. If a referendum qualifies against any plan fo adjust already established Council districts approved by the City Council, the City shall continue to elect Councilmembers by hybrid elections as provided in Section 300 using 5 7-46 existing Council districts until an election on the referendum is held. In either event, if the voters approve a plan to establish or adjustment Council districts, such plans shall become effective as soon as practicable. If the voters reject a plan to establish or adjust Council districts, the ~] shall, as soon as practicable, prepare and submit to the City Council a new plan to establish or adjust Council districts. 2. If a court of competent jurisdiction invalidates a plan to establish or adjust Council districts, the j~!C~;~l3t~U,„(~f] shall, as soon as practicable, prepare and submit a new plan fo establish or adjust Council districts for consideration and approval by the City Council. H. Transition to Hybrid Elections 1. A period of transition from I elections described in Section 300 will plan to establish Council districts to th are held for each Council disfrict:~` Councilmember who currently holds a the incumbent Councilmember repress same numerical designation i} x the fir City Council and implemen~~y Councilmember resides in thatt Co Councilmember occupying the prvrAu will be designated the~in~.,~umbent Coui one (1) whetherAor not ~li~t Councclrnei (1). Each of~the~';Councilmembersro~ effective date of this~SectioY~°shall be°sc ire at-large a/ecf~ons to the hybrid c¢tirY`rom the time~vf approval of a time that the firsf'°~ybrld elections For t~IS~, transctron,~ period, each prat ncii seat will be designated as ,.,: nt~ny;'the Council district with the t disfr~trng ,plan approved by the the City, ~ whether or not that ~bt~, distr"pct. For example, the ly~de gnated Council seat one (1J ~ilmember for new Council district fiber resides in Council district one :upying office at the time of the designated. 2.Co[7i~ctl di~tr7ct one (1) shall transition fo the hybrid elections u ~~ ~x~ described in Sectron 3b ,~~ this Charter beginning with the general mum`Cal electron n~2014.Council district two (2) shall transition to the hybrid ei~'ct-ons desribed in Section 300 beginning with general municipal election ~n 018, prodded, however, that if the office of Councilmember for Council dis~i%CG twos (2) is vacated prior to the 2018 general municipal election, that sea`s shall transition to the hybrid elections described in Section 300 be~iinning with the first special municipal election called for the purpose of filling such vacancy, and any person appointed to fill such vacancy must be eligible under Subdivisions A and C of Section 300 of this Charter. Council districts three (3) and four (4) shall transition to the hybrid elections described in Section 300 beginning with the general municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers for purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to seek election to a newly created Council district in any hybrid election unless such person is eligible to seek election under Subdivisions A and C of Section 300 of this 6 7-47 Charter. For purposes of the transition period, prior service by an incumbent Councilmember in office at the time of the effective date of this Section shall count for purposes of determining that Councilmember's eligibility under Subdivision C of Section 300 of this Charter to run for election in one of the newly created Council districts. Thus, a designated incumbent Councilmember of a newly created Council district during the transition period may not be nominated for or elected in a hybrid election for that Council district unless (1) he or she is a resident of that Council district at the time nomination papers are filed and (2) more than one (1) year has elapsed since the termination of the second consecutive term in the office of City Councilmember for which he orX~she was previously elected or appointed. ~~~~ 7 7-48 EXHIBIT E 7-49 EXHIBIT E 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 f~^^~'~° r'~• ^"^~^° at the times and in the manner provided in this Charter. 1. The Mayor shall be elected from shall be eligible to hold the office of Mayor, or the office of Mayor, unless such person is a ~ y ry ty~ of the Cit or territo annexed to the C~ `~ to the office of Mayor, a person must be' res the City or territory annexed to the Cify~at the papers for such office. ''E$ `~~. :i. 2. Each of the four ~ manner provided in paragraph" appointment, to the office o registered voter of the City or to the Council district which that filing the nominat~on`~~pa~aprs for to such office, re pectiveljt. No F territory annexed ity at large. No person elected or appointed to n~~=~ ~ntx;and registered voter ~hg`i"b!e to seek election and registered voter of of filing"tfie'nomination nembers shall be elected in the To b~ eligible to seek election, or member;~'a person must be a exec/ fo the City and resident of seeks fo represent at the time of fice; or at the time of appointment hall be eligible to hold the office of a registered voter of the City or t of the Council district which that ~`3, In the~~neraldiunicipal election, the voters in each district fromii/-ti h a Counc~finember is to be elected shall be entitled to vote for one (1)"~ndidate ft~,om their district; and the two (2) candidates for Councilmemher in each district receiving the highest and second highest ~. number of voe'3. cost by the voters of their district shall be the candidates in a run-off ele~c"fion 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). if only two qualified candidates from a Council district file nomination papers to participate in the general municipal election in that district, no general election shall be held and the two candidates shall be the candidates at the run-off election for the office of City Councilmember from that district. If two or more candidates from a district tie in the receipt of the highest number of votes in the general municipal election, all such candidates shall appear on the run-off election ballot and no candidate(s) receiving the second-highest 1 7-50 number of votes shall appear on the run-off election ballot. If one candidate from a district receives the highest number of votes and two or more candidates from the same district tie in the receipt of the second- highest number of votes, all such candidates shall appear on the run-off election ballot. In the run-off election, the voters of the City at large shall be entitled to vote for one (1) candidate from each district for which a Councilmember is to be elected, and the candidate for Councilmember from each district receiving the highest number of votes cast shall be elected. 8. G The term of each member of the City Gouricil shall be for;a~nominal term of four years and shall commence on the first"Tuesday of Decembe7sof the year of the election, and shall continue until a~q~r5ahfied stapcessor ~S takes the oath of office. -Notwithsta-~-t~ing ~he~ forego-ngif the official results for the election of the office of Mayor,or the office of Cou"ncilmember are not certified before the first Tuesday in~December3~ahe term for the Mayor or Councilmember(s) elected atu ch elect-apy shal~`~fie~~deemed to commence upon taking the oath offfi ~, !ch shall be given at the first scheduled City Council meeti'q followin rtification~of the election results. C. B: f~o~` erson shal[~~e eligible for nomination and election to the office of City Councilmei'rf or Mayor for more than two (2) consecutive terms, and no person who%~ ~ hal~tl the office of Councilmember for a period of two (2) consecutive terrsa~or the office of Mayor for two (2) consecutive terms, may again seek nom ation 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 to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person 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. 2 7-51 D. € Each Council district sett 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 election, one 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 on their nominating papers. E. 6- Any person to be elected ata,general munici)bal election for ~ered the°Yiffic~, of Mayor~fp~which nomination papers ~t~ .. have been filed shall be deemed e~ectedudpYan,recpeipt of a majority of the votes cast for t~° ^^~'~^~ ~'^• °°^' ^~ the offi~eyaf Mayor`~he election. If no candidate at such general munwip~j~„election receives a mafonty of the votes cast, there shall be a special run~electfot~, to be held on the same date as the statewide election date ins ember~~inmediately~following the general municipal election (if no statewide ele dr~~s~~o~ucte ~ then on the first Tuesday after the first Monday of tovember o"each eve'nn~bered year), between the two candidates receivirtg.he hzj7~'est and~~second highest number of votes in the general municipal election~foW^^~~' the office of Mayor, in order to determine the ~~~ ~ ~,~ wmner~Qy way of u~lafification, ties among the candidates receiving the two highest n~tnber of votes at the general municipal election shall be resolved by a special run`p~„ff~electior~~~ F. #. Any perso~'#o be elected at a special municipal election called to fill a vacancy pursuant to the provision of Section 303 for the office of Councilmember ~y-:,~,,;,~red Council seat ene-thfeugk-€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 or the office of Mayor at 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 set by the City Council as soon after such special election as practical between the two candidates receiving the highest and second highest number of votes in such special election for said seat Council district or the office of Mayor in order to determine the winner who shall be seated upon certification of the results of the 3 7-52 election. By way of clarification, ties among candidates receiving the two highest number of votes at such special election shall be resolved by a special run-off election. G. ~. If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Section, 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 ~.;~eeat the office of Councilmember 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 wifh nTfrve calendar days of receipt of the City Clerk's offer. If accepted, the special=run-off election between the remaining candidate and the candidate recejving ~}ae; third highest number shall be held. If rejected, there shall be no run-off electi©n,and the remaining candidate shall be deemed elected as of thevdate'of such deatti~~ H. d- Any person to be elected at a speural run-off selection required under the grevisien-~f this Section, shall be deemed u~lected upon receipt of the highest number of votes for the particular sea~off-ce of Councilmember or the office of Mayor and shall be seated up~r~; taking the oath of office. Ties at such special run-off election shall be resotv~d~~y lot. ,"~ Section 300.5 Establishment of CouncfD-stYicts; Periodic Redistricting A. The Cify shill be~dii{ded into fpur (4) City Council districts. 8. The (X~,i~~lxXX]~,mshal/ retain olre or more, as necessary, independent r ~ ~*~. consultant. , ~~ erieried and"campetent in the skills necessary for the districts, ' or or,pur`poses of creating one or more plans for dividing the C-ty." to four (4) ~,y Co~ncll"districts. The City Council shall approve a plan~~fii'dividing th"e~;C-ty into four (4) City Council districts no later than Februarj~%, ~, 2014 fo% use commencing with the June 2014 primary C. Thereaff~fiollowing the C-ty's receipt of final Federal Decennial Census information, the ~ shall, with the assistance of independent consultants as necessary, propose adjustments to the boundaries of the four (4) Council districts. The Cify Council shall approve any adjustments to the boundaries of the four (4) Council districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled primary municipal election. As used in this Section, the term "Federal Decennial Census" shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade. 4 7-53 D. The City Council shall adopt such ordinances as are necessary to provide for and support the rX~QCX~X~G's~ duties in proposing the establishment of and periodic adjustments to the four (4) Council districts. The City Council shall ensure, through the budget process, the appropriation of funds sufficient to allow the ~XX~I~~, to perform the duties described in this Section. E. Council districts shall be established and periodically adjusted based on the following criteria: 1. Districts shall have reasonably equal by the Federa/ and State constitutions. 2. District boundaries shall be contiguous. ,, 3. District boundaries shall f ~, ., features, street lines and/or City boun"'cla 4. District boundaries shall r the extent practicable. A com--''~~nity of area comprised of residents wfr'o~lt'~a~r limited to, social, cultural, ethn~, ge formal government or quasi-goven-lier relationships with p©fi~~al parties; muc 5. I advantage or as required compact and man-made ~spe~t~communities of interest to -nteresis defined as a geographic similar -r-terests including, but not ~t`a.,hic, or economic interests, or ~;~. tal r ~a"t-onships, but not including -beri. or candidates. be drawn without regard for or challengers. "'Disfi'rct Lioul-daries shall be drawn without regard for or disad~iantage ~o~any political party. F. Thee'-°.~ity Coud~il shall hold at least one (1) public hearing on any plan to es~t lish oradjust the boundaries of, Council districts before the City Council kgs~any action to approve or disapprove such a plan. G. Referendfim or Legal Challenge to Final Districting Plan. 1. A plan to establish or adjust Council districts that is approved by the City Council shall be subject to the referendum provisions of this Charter. If a referendum qualifies against a plan to establish Council districts for the first time, the City shall continue to elect Councilmembers at-large until an election on the referendum is held. If a referendum qualifies against any plan to adjust already established Council districts approved by the City Council, the City shall continue to elect Councilmembers by hybrid elections as provided in Section 300 using 5 7-54 existing Council districts until an election on the referendum is held. In either event, if the voters approve a plan to establish or adjustment Council districts, such plans shall become effective as soon as practicable. If the voters reject a plan to establish or adjust Council districts, the ~O~iYXJOC] shall, as soon as practicable, prepare and submit to the City Council a new plan to establish or adjust Council districts. 2. If a court of competent jurisdiction invalidates a plan to -~ , establish or adjust Council districts, the „, ,_, ,,.,, SXXJ shall, as soon as practicable, prepare and submit a new plan to establish or adjust Council districts for consideration and approval by the C-ty Council. H. Transition to Hybrid Elections 1. A period of transition from 1 elections described in Section 300 will plan to establish Council districts to th are held for each Council district." Councilmember who currently holds a the incumbent Councilmember repress same numerical designation ithe fir City Council and implementd~by Councilmember resides in fh t Cpl Councilmember occupying the previqu will be designated th„' ncumbent Coui one (1) whether oi' not a# Counc-~inei (1). Each ofmfh,~~~Counc(members~o~ effective date of th-s'Sec#io-t~sha~l>,be s< -re~at-large elections to the hybrid ccur from the t-m~ of approval of a 'time that the first~h~i,~~d elections ~pr t~~s~ trans-hon`~ period, each „oyncrl seat will be designated as nti-tg~~ a Council district with the t distFf~ng~plan approved by the the C-whether or not that ~Ctl~;, d stncf. For example, the lylos~gnated Council seat one (1) :-lmember for new Council district fiber resides in Council district one ;upying office at the time of the designated. 2 ~ x Cb'ur%il distrj~ctts one (1) and (2) shall transition to the hybrid elecf-a„s descr-bi~'~ in Section 300 of this Charter beginning with the gene`ramunicipal ejections n 2014. Council districts three (3) and four (4) shall tr~~sition to thehybrid elections described in Section 300 beginning with the general -,unicipal election in 2016. Notwithstanding the designation ~~ncumbent Councilmembers for purposes of the transition period describa'~-i- Paragraph 1 of this Section, no person shall be eligible to seek election to a newly created Council district in any hybrid election unless such person is eligible to seek election under Subdivisions A and C of Section 300 of this Charter. For purposes of the transition period, prior service by an incumbent Councilmember in office at the time of the effective date of this Section shall count for purposes of determining that Councilmember's eligibility under Subdivision C of Section 300 of this Charter to run for election in one of the newly created Council districts. Thus, a designated incumbent Councilmember of a newly created Council district during the transition period may not be nominated for or elected in a hybrid election for that Council district unless (1) he or she is a resident 6 7-55 of that Council district at the time nomination papers are filed and (2) more than one (1) year has elapsed since the termination of the second consecutive term in the office of City Councilmember for which he or she was previously elected or appointed. 7-56 EXHIBIT F 7-57 EXHIBIT F 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 '•^^, 'h^ r''•• ^"°•^° at the times and in the manner provided in this Charter. 1. The Mayor shall be elected from the shall be eligible to hold the office of Mayor, or fo t the office of Mayor, unless such person is a res`ii .. of the City or erritoryaannexed fo the City. To bt _..... to the office of Mayor, a person must be a;`resdel the City or,~erritory annexed_ (o the Cit `f the` tim papers for such office.n~„~~ tn~ 2. Each of the four C manner provided in paragraph (3 ?.. appointment, to the office ~~/ registered voter of the City or t^°r the Council district which that`y filing the nomination papers for to such office, respecti`vely.flo p at large. No person Icted or appointed to and registered voter voter of person must be a ie Ci~and resident of shall be elected in the gibe to seek election, or 5ij'.cseeks,~o represent of the time of i'offic ~ .or at the time of appointment n shall be eligible fo hold the office of is a registered voter of the Cify or 91ent of the Council district which that Counalmemberre(iresents`~~~ ,,~~ ~~: -- ___ 3 " ~ 7n tf~e~ pen h munfapal election, the voters in each district fror~r{ which a Codnctlmember is to be elected shall be entitled fo vote for one (1„1 candfdafe ;~~om their district; and the two (2J candidates for Councilmember in each district receiving the highest and second highest number of`votes cast by the voters of their district shall be the candidates in a run-off "electioii~to be held on the same date as the statewide election Deleted:, including Deleted: that may subsequently be Deleted: of Deleted: heref Deleted: the voters of the Council district in which such person resitles, such [hat the voters o/ each o/ the four Council tlistricts established under Section 300.5 0/ this Charter will elect one Councilmember. Deleted: Deleted: Only voters who live in a Council district shall ba eligible to vote in the election /or Councilmember /or that Council district The Council districts by which the four Councilmembers are to be elected shall be established and periodically atljustetl in accordance with tha requirements o/Section 300.5 of this Article. Formatted: Font: Bold, Italic Mondav of November of each even numbered vear). If only two qualified candidates from a Council district file nomination papers to participate in the general municipal election in that district, no general election shall be held and the two candidates shall be the candidates at the run-off election for the office of City Councilmember from that district. If two or more candidates from a district tie in the receipt of the highest number of votes in the general municipal election all such candidates shall appear on the 7-58 candidate from a district receives the highest number of votes and two or more candidates from the same district tie in the receipt of the second- hiahest number of votes, all such candidates shall appear on the run-off election ballot. In the run-off election, the voters of the City of large shall be entitled to vote for one (1J candidate from each district for which a Councilmember is fo be elected, and the candidate for Councilmember from each district receiving the highest number of votes cast shall be elected. B. G The term of each member of the City Councihshall be'for a nominal term of four years and shall commence on the first:;Tiiesday of December of the year of ~.r:z... the election, and shall continue until a qualified uccessor "' fakes the Oath of Off/Ce. Tr, r,,..., a,., r~.,. nn..,,..."i~,."`e..r ...,,i<'r., ,,,: i.,,.,..,r:,..~ ,.r,.,...,.r ti. a-9~~Notwithstanding the foregoing, if the dfficial results for the election of the office of Ma or or tbeoffice of'Councilmember are not certified before the first Tuesday;in,,December, the term for the Mayor or Councilmember(s) elected at such eiecbon s~'~tall~be.deemed to commence upon taking the oath of office ,whichShall b"e given at the first scheduled City Council meehna'fohowina>certific~ation of the election results. C.`I~`=~!tlo,person shallipe eligible for nomination and election to the office of City Councilmember or M yor for more than two (2) consecutive terms, and no person whop; has hey{ the office of Councilmember for a period of two (2) consecutive ~etr~s~pf the offce 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 to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person 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. 7-59 D. ~ Each Council district seat shall be numbered one (1) through four (4) respectively. Any person running for a--Seansil--e##ise the office of Councilmember shall designate, as the office for which such person seeks election, one 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 on their nominating papers. °°~°^^° °°°~ ^^ ^'^^"^^ `^ `~° r ~„ E ~ Any person to be elected at a general i Yh~.,pffice of have been fled shall be deemed elected,,up 4L.n n`.r4 ^ I.,. .-..n4 ^. h casC for ~,,.~ eo.=,~~~ the office of ;' a~ such general municipal election receive"s'a m` be a special runoffxfrlecYign, to be ~tield on election date in NovembeC<tmmediate~y folio (if no state Monday of By way special iUni~pal election for a~mber°~d Mayo~~or which nomination papers on receipt of a majority of the votes or, at Slie election. If no candidate at ajC~~ty of the votes cast, there shall the same date as the statewide wing the general municipal election on the first Tuesday after the first mbe~~of each tieverZ~~pibered year), between the two candidates i~hest ,aid second" highest number of votes in the general iYi fpr sa,a- the office of Mayor, in order to determine the of'4Clarificaton;~ ties among the candidates receiving the two ~*~4a of votes at the general municipal election shall be resolved by a F. #. Any peri;pn,fd be elected at a special municipal election called to fill a vacancy pursuant to the provision of Section 303 for the office of Councilmembe'~ aay-numbered Council seat .,^° `„~~^~sh `~"' 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 or the office of Mayor at 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 set by the City Council as soon after such special election as practical between the two candidates receiving the highest and second highest number of votes in such special election for said seat Council district or the office of Mayor in 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 the two highest 7-60 number of votes at such special election shall be resolved by a special run-off election. G. ~. If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Section, 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 ^^e.~.d--se^~the office of Councilmember 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 spee[al Arun=off election between the remaining candidate and the candidate recei~gig the third highest number shall be held. If rejected, there shall be no run-off elec on, and the remaining ~.1,~~, candidate shall be deemed elected as of the flatp ofsuch de~t~h. H. ~ Any person to be elected at a sp~`cial run off election r'el~`~jir~d under the prev+sien~# this Section, shall be deee~d~electedst~pon receiptof the highest v~~~ number of votes for the particular seaFoffice:o#~Councilmember or the office of ~~ Mayor and shall be seated upon taking fhe`4oath of office. Ties at such special run-off election shall be resolved by lot >; ~ ~ :: o ~. Section 300.5 Establishment of Council.Drstncts;``Periodic Redistricting A. The City shall:b'e4divided into: four (4) City Council districts. 8. The City`rCygfk shall esfablisl~~ the boundaries of the four (4) City ~;.~ ~*~, Council distncts and shallp~r(Odically adjust such boundaries as provided in this section.~The Crty Clerk 'shall, as necessary, retain one or more indepenfent'"`consultari~sy~experienced and competent in the skills nec~~sary for fh@~ ~districting work for purposes of establishing and peiioki~q~ly adjusting Council district boundaries. The City Clerk shall esfablisHw;the boundaries of the four (4) City Council districts no later than February'12014 for use commencing with the 2014 general municipal elections. Th~e'reafte~ following the City's receipt of final Federal Decennial ~~ww~~~ Census informatron, the City Clerk shall adjust the boundaries of the four (4) Council districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled primary municipal election. As used in this Section, the term "Federal Decennial Census" shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade. C. The Cify Council shall adopt such ordinances as are necessary to provide for and support the City Clerk's duties under this Section. The City Council shall ensure, through the budget process, the appropriation of 7-61 funds sufficient to allow the City Clerk fo perform the duties under this Section. D. Council districts shall be established and periodically adjusted based on the following criteria: 1. Districts shall have reasonably equal populations as required by the Federal and State constitutions. 2. District boundaries shall be geographically compact and contiguous. ~; 3. District boundaries shall follow features, street lines and/or City boundary lir 4. District boundaries shall the extent practicable. A community,c area comprised of residents who shat limited to, social, cultural, ethnic, ge formal government or quasi-governmi relationships with political paiYiPS„ina 5. District bounda~ advantage or disadvantage fo without regard for .~ -:.~. 6. District b6u(rdaries `shall be drawn without regard for ~;x~, advantage or disadvantage to any political party. E. If a~~u~t~of cornp~tent j6r~sdiction invalidates a plan to establish or ad~usioCouncilt~i~tncts,~~he City Clerk shall, as soon as practicable, prepare a new plan; to establish or adjust Council districts. F. Transition to Hybrid Elections 1. A''p~`e~jgd"of transition from pure at-large elections to the hybrid elections described in Section 300 will occur from the time of approval of a plan to establish Council districts fo the time that the first hybrid elections are held for each Council district. For this transition period, each 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 districting plan approved by the City Council and implemented by the City, whether or not that Councilmember resides in that Council district. For example, 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 al and man-made possible. ~ommunit"es of interest to is defined~asa`geographic 'nterests including, but not or economic interests, or onships, but not including 7-62 (1). Each of the Councilmembers occupying office at the time of the effective date of this Section shall be so designated. 2. Council district one (1) shall transition to the hybrid elections described in Section 300 of this Charter beginning with the general municipal election in 2014. Council district two (2) shall transition to the hybrid elections described in Section 300 beginning with general municipal election in 2018; provided, however, that if the office of Councilmember for Council district two (2) is vacated prior to the 2018 general municipal election, that seat shall transition to the hybrid elections described in Section 300 beginning with the first special municipal election called for the purpose of filling such vacancy, and any person appointed to fill such vacancy must be eligible under Subdivisions A ahd;C of Section 300 of this Charter. Council districts three (3) and four (4) shallkransition to the hybrid \^~ elections described in Section 300 begJnning`~wnh fii~~general municipal election in 2076. Notwithstanding ~~tie `desJgnahoh,,of incumbent Councilmembers for purposes of the fransitfon period ;described in S xz~; "~ Paragraph 1 of this Section, no person sna/l be eQ~ible to seek election to a newly created Council district in any hybr`idelecfion unless such person is eligible to seek election under Subdivisions ;land C of Section 300 of this Charter. For purposes of t~@ transfbon period, prior service by an v *~k,~ incumbent Councilmember in office,af~the hors of the effective date of this iv". `u v,t, ,; ~,. Section shall count for purposes o``f~~de#e[mfiaing that Councilmember's eligibility under Subdivision C of $ecGon ,~00 of this Charter to run for election in one of,;~he„~~Evly crea~d Council districts. Thus, a designated incumbent Coul+F+lmember of a newly created Council district during the transition peribxd4rrijay ngt?be nomin`a'ted for or elected in a hybrid election for that Council dis;Ci~cf~u7e3s (!).Ji"e or she is a resident of that Council d~stncf at~tfie ti~Je n`om~nafiori"p'~pers are filed and (2) more than one (1) year has"elapsed s(nced~e~termination of the second consecutive term in the .:office of CityCouncilme~mber for which he or she was previously Deleted: Saotiov 300,5 Dieviuivg Commission ¶ 9 A _ Eatablistmravt of Ciry Dietrimivg Cornmissiov; Compositioq Powers and Duties ¶ a . 1.. Separate and distinct from the cortunissions provided for in Article VI of this Charteq there shall be established a seven (7) member Distracting Commission, hereinafter "Comrnissiov;' for [he proposes of recommending [o the City Cormcil the Council districts by which Councilmembers shall be elected, end periodically recommending to the Gry Council adjustments to the bouvdariee of such Cowcil distracts. ¶ 2.. The firs[ Commrssion established under this Section shall recommend, and the Ciry Ccunml shall approve, a Distrivting Pl esmblisldngfrw(4) Cowroil dist icts in a timely manner, but no later than February 1, 2014, for rase iv the June 2014 general municipal election. Thereafteq fuhne Commissions shall recorwnend, and the Ciry Convcil shall approve, a Districting Plan for adjusting th borrvdaraes of the tow (4) Cowal disticts within ova (1) year ofreceipt by the City of the final Federal Decennial Cevsns information for use cornmenemg udth the neat scheduled general mrmicipal election oecurivg et least three months after adoption of the Final Districting Plan. As used m [his Section, [he term "Federal Decennial Census" shall mean the national decerwal census [hat is taken under the divaction of the United Staten Congress at [he beginning of each decade. ¶ ~ 3_ _ One or more, as necessary, independent consoltan(s caper need and competent in the skills necessary for the districting work shall be utilized m assist the Commission in developing the Districting Plans detailed N this Seetion_ ~ 9 B.. Ordinances Implementing Districting Comnussion Powers and .Duties; Appropriations to $upPOrt Districting Commission ¶ 9 _ 1. _ The Ciry Council shall adopt each ordinances ae are necessary to proidde for and support the Cornnissioq and ro ensuoe timely selection of Commission members and Poll implemevmtiov of the Commission's powers and dories nndcr this Section. ¶ P _ 2.. The Ciry Council shall enswe, through the budget process, that appropriation of fiords sufficient to allow fie Comur~ission to carry out its powers and drrtiea render this Serxion. Formatted: Lek 7-63 Page 6: [1] Deleted 7/20/2012 2:09:00 PM Section 300.5 Districting Commission A. Establishment of City Districting Commission; Composition; Powers and Duties 1. Separate. and distinct from the commissions provided for in Article VI of this Charter, there shall be established a seven (7) member Districting Commission, hereinafter "Commission," for the purposes of recommending to the City Council the Council districts by which Councilmembers shall be elected, and periodically recommending 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 Council shall approve, a Districting Plan establishing four (4) Council districts in a timely manner, but no later than February 1, 2014, for use in the June 2014 general municipal election. Thereafter, future Commissions shall recommend, and the City Council shall approve, a Districting Plan for adjusting the boundaries of the four (4) Council districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled general municipal election occurring at least three months after adoption of the Final Districting Plan. As used in this Section, the term "Federal Decennial Census" shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade. 3. One or more, as necessary, independent consultants experienced and competent in the skills necessary for the districting work shall be utilized to assist the Commission in developing the Districting Plans detailed in 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. 2. The City Council shall ensure, through the budget process, that 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 are eligible to apply for and serve on the Commission. 2. Notwithstanding that they may be a resident and registered voter of the City, the following persons are ineligible to apply for and serve on the Commission: 7-64 a. the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review Commission; b. a relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected City official; c. a person who, at anytime within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official; d. a current employee of the City or a current employee of any organization 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 Commission, has worked as a lobbyist. For purposes of this provision, the term "lobbyist" means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City 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 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. Four (4) Commission Members shall be randomly selected from the applications submitted by persons who are eligible to serve on the Commission; 2. Three (3) Commission Members shall be selected by the randomly selected Commission Members from the remaining eligible applicants, subject to approval by the City Council. The goal of such nominations shall be to ensure that, to the extent possible and as permitted by law, the Commission includes: a. women and men who reflect the racial, ethnic, and geographic diversity of the City; b. persons who have relevant knowledge and/or demonstrated analytical abilities that would allow the Commission to carry out its responsibilities with a high degree of competence; 7-65 c. persons who have demonstrated the ability to serve impartially in 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 nominees for selection to the Commission unless the City Council finds that the approval of one or more of the nominees would be inconsistent with this goal. 3. In the event that not enough eligible persons apply for the Commission to allow selection in the manner provided in Paragraphs 1 or 2 of this Subdivision, the City Council shall appoint persons as necessary to fill all seven (7) seats on the Commission. Such appointments shall be consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 2 of Subdivision D of this Section. 4. 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 be determined no later than May 1 of each year following the year in which the Federal Decennial Census is taken. 5. Vacancies on the Commission, from whatever cause arising, shall if possible be filled using the same process described in Paragraph 2 of this Subdivision, and if not possible, then by the City Council consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 2 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons described in Article VI, Section 602(c) of this Charter. Vacancies on the Commission shall be filled within 45 days of the date upon which the vacancy existed. E. Commission Member Compensation; Restriction on Commission Members Seeking Election to City Council 1. Commission Members shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures 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 to, the City Council in any district whose boundaries 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. 7-66 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. 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 economic interests, or formal government or quasi-governmental relationships, but not including relationships with political parties, incumbents, or candidates. 5. District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or challengers. 6. District boundaries shall be drawn without regard for advantage or disadvantage to any political party. G. Procedures for Creation of Draft and Recommended Districting Plans The Commission and City shall abide by the following procedure in any districting process: 1. The Commission shall comply with the Ralph M. Brown Act (Government Code sections 54950, et seq.) when hearing, discussing or deliberating on matters related to the districting process, and with the Public Records Act (Government Code sections 6250, et seq.) for all documents relating to the districting process. 2. The Commission and City should actively encourage City residents to participate in the districting process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission meetings, provide public comments to the Commission, and facilitating the submission of districting plans for consideration by the Commission. To the extent practicable, Commission meetings should be held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City. 3. The Commission shall approve a Draft Districting Plan based on application of the districting criteria specified in Subdivision F of this Section and 7-67 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. 4. 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 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. 5. 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. 6. 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 Districting Plan submitted by the Commission to the City Council. H. City Council Consideration of Recommended Districting Plan; Approval of Final Districting Plan. 1. The City Council shall hold at least one (1) public hearing on the Recommended Districting Plan of the Commission before the City Council takes any action to approve or disapprove the Recommended Districting Plan. 2. The Recommended Districting Plan shall be made publicly available for at least fourteen (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, the City Council shall approve or disapprove the Recommended Districting Plan in its entirety. 4. If the City Council approves a Recommended Districting Plan it shall immediately become the Final Districting Plan which shall be implemented by the City. 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 ~-sa 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 City. Approval of such Final Districting Plan shall require the affirmative vote of five (5) Commission Members. 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 against 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 Plan approved by an subsequent Commission, the City shall continue to elect Councilmembers by district in accordance with the Council districts then in effect until an election on the referendum is held. In either event, if the voters approve such a Final Districting Plan, the Council districts established in the Final Districting Plan shall become effective as soon as practicable. If the voters reject such a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended 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 competent jurisdiction invalidates a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section. 7. Dissolution of Districting Commission Each Commission established under this Section shall cease operations and dissolve on the ninety-first day following approval of a Final Districting Plan, unless a referendum against the Final Districting Plan has qualified or a lawsuit has been filed to enjoin or invalidate the Final Districting Plan, in which case the Commission shall continue operations until a Final Districting 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 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 7-69 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 fast by-district elections for Council districts one (1) and two (2) shall occur during the municipal election in 2014 and the first district elections for Council districts three (3) and four (4) shall occur during the municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers fox purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to seek election to a newly created Council 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 of the transition period, prior service by an incumbent Councilmember in office at the time of the effective date of this Section shall count for purposes of determining that Councilmember's eligibility under Subdivision C of Section 300 of this Charter to run for election in one of the Council districts established under the first Final Districting Plan. Thus, a designated incumbent Councilmember of a newly 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) he or she is a resident of that Council district at the time nomination papers are filed and (2) more than one (1) year has elapsed since the termination of the second consecutive term in the office of City Councilmember for which he or she was previously elected or appointed. 7-70 EXHIBIT G -„ EXHIBIT G 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 '•^^~'"° r' `~• ^"^•^° at the times and in the manner provided in this Charter. 1. The Mayor shall be elected from the City shall be eligible to hold the office of Mayor, or to be`el~ the office of Mayor, unless such person is a resident ~;~ ~~,, of the City or erritory~nnexed to the City. To be :e¢; to the office of Mayor, a person must be a resident ar ~..... ,~ the City or~erritory annexed ~o the Cit ,af the time of papers for such office. . ~~ `~ 2. Each of the four ~ manner provided in paragraph,(: appointment, to the office ~~ registered voter of the City orb the Council district which that` filing the nomination gapers for fo such office, respectively.~llo F jai large. No person acted or appointed to and registered voter ib/e to seek election -..-- Deleted:, mcwding __ d'YeglSteredVOterOf Deleted: that maysubsequenfly be filmy.the nominafion_ -.-_ Deleted: o/ v*. `^'' ~ Deleted: hares ~.. r ~~» luncilmeinbers `shall be elected in"the below. To"~be eligible to seek election, or ^ounctlmer, a person must be a annexeai`~b'the City and resident of -emu. ,.. ~rsohtseeks_,to represent at the time of uch``~offic ;for at the time of appointment k`4' rson shall be eligible to hold the office of ~r: -: - - o`nk/s a registered voter of the City or esident of the Council district which that ~..e. 3:% `~ ~liind ,,gen ", municipal election the voters m eac istncf from which a Coiin~ilmemb' is to be elected shall be entitled to vote for y ~. one rlaandidate fromtheir district; and the two (2) candidates for Councilmember in each district receiving the highest and second highest G`r\ number of_vgtes ca~gt by the voters of their district shall be the candidates in a run-off e`leF}ion fo be held on the same date as the statewide election Mondav of November of each even numbered veer). If only two qualified candidates from a Council district file nomination papers fo participate in the general municipal election in that district, no general election shall be held and the two candidates shall be the candidates at the run-off election for the office of City Councilmember from that district. If two or more candidates from a district tie in the receipt of the highest number of votes in the general municipal election all such candidates shall appear on the Deleted: the voters o/the Council tlistrict in which such person resides, such that the voters o/ each of the four Council districts established under Seef/on 300.5 of this Charter will a/ecf one Councilmember. Deleted: Deleted: Only voters who live in a Council district shall be eligible to vote in the election /or Councilmember for that Council district. The Council districts by which the /our Councilmembers are to be elected shall be established antl pedodical/y adjusted in accordance with the requirements o/ Section 700.5 0/ this Article. Formatted: Font: Bold, Italic 7-72 candidate from a district receive: more candidates from the same election ballot. In the run-off election, the voters of the Cify at large shall be entitled fo vote for one (1) candidate from each district for which a Councilmember is to be elected, and the candidate for Councilmember from each district receiving the highest number of votes cast shall be elected. t~ierete- ~` w ~~~. B. G The term of each member of the City Cour~cilshall be,ToF a nominal term of four years and shall commence on the first<Tuesday of December of the year of Pvt... the election, and shall continue until a aaualifiedasuccessor ffaa~#es takes the oath of office. , ~-8~~ NofwithstanQli~g,e foregoing, if the official results for the election of the office of Ma + r or~t~i~eSoffice of`Councilmember are not certified before the first Tuesday~r~ ~~ece~iiber, the to"j~kn for the Mayor or Councilmember(s) elected at such ele"chop ~~Ii~~f be~leemed to commence upon taking the oath of office~,;zyvhic6`~~yall be given of the first scheduled City Council meetino~ohowuid;certffication of the election results. ~~: t~.. C.'`~`~t~,person shaq~~pe eligible for nomination and election to the office of City ~~.~ Councilm~~~ber or M~'yor for more than two (2) consecutive terms, and no person wHo;4has held the office of Councilmember fora period of lwo (2) consecutive te~musy,or the office of Mayor for two (2) consecutive terms, may again seek nom)n"anon 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 to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person 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. 7-73 D. ~ Each Council district seat shall be numbered one (1) through four (4) respectively. Any person running for a-~eaasil~ffise the office of Councilmember shall designate, as the office for which such person seeks election, one 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 on their nominating papers. °~......._ ___~: ~ _!__!:_. !_ `.".^ !"«, E. ~ Any person to be elected at a general mur~ci~al election for aay-nQ.m~~°^' ~`fhe~~ffice of Mayor, ~or. Which nomination papers have been filed shall be deemedgledt~d~~Lpon receipt of a majority of the votes cast for'~° ^°~''^ '°~ °°°' ^~ the office of~vla Drat the election. If no candidate at Y s such general mum, ~nieipal election receivesVa matdnty of the votes cast, there shall be a special runoff~~l2e'iiRn, to be~laeld on the same date as the statewide ~~ k~.~~, election date in November=immediatel`y following the general municipal election (if no statewide'etection is~conducted,ahen on the first Tuesday after the first Monday of Novemtier`~bf each~;~euen~urribered year), between the two candidates receivingn,ttte~. tghest~~`r~d se~dond highest number of votes in the general municipa`I elect~oi rttifor said-suer the office of Mayor, in order to determine the winner;; By way df`~clanfica't~ori' ties among the candidates receiving the two higFiesf'number of votes at the general municipal election shall be resolved by a t ~~ F. #. Any pers„ n,~tb~ be elected at a special municipal election called to fill a vacancy pursuant to the provision of Section 303 for the office of CouncilmembeF ar~y~,o~ ed Council seat ene-tk>reugh--fear 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 or the office of Mayor at 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 set by the City Council as soon after such special election as practical between the two candidates receiving the highest and second highest number of votes in such special election for said seat Council district or the office of Mayor in 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 the two highest 7-74 number of votes at such special election shall be resolved by a special run-off election. G. 1. If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Section, 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 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 specal`run off election between the remaining candidate and the candidate receiyirg` ~he third highest number shall be held. If rejected, there shall be no run ;off elee~ion, and the remaining candidate shall be deemed elected as of the date of such death. H. d Any person to be elected at a special run=off election re'q'~jred under ttae prev+sieae# this Section, shall be deeindd~electe~.~pon receipt of the highest number of votes for the particular sea~offide~~f„~Councilmember or the offide of Mayor and shall be seated upon faking the *oath of office. Ties at such special run-off election shall be r`e~ol~ved by lot ~`4ti Section 300.5 Establishment of Council'D~sfncts'Periodic Redistricting ~w, A. The Cify shallabe~tliyided mto four (4) City Council districts. B. The City`~ferk shall establisl%the boundaries of the four (4) City inofhs'Ise/ctlo~t~The`"~C(#y CI'e`rktlshall, aslunecessary,ure~ain one orrmore Win,...,:., . indepepYlent "consultant~s~ e~erienced and competent in the skills neces~ry for tlie~k districfih'g work for purposes of establishing and .:~a~k. perwdi ally adjusting Council district boundaries. The City Clerk shall establis~fhe boundaries of the four (4) City Council districts no later than February'''^~`~2014 fir use commencing with the 2014 general municipal elections. Th`e~eafter, following the City's receipt of final Federal Decennial Census information, the City Clerk shall adjust the boundaries of the four (4) Counci! districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled primary municipal election. As used in this Section, the term "Federal Decennial Census" shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade. C. The City Council shall adopt such ordinances as are necessary to provide for and support the City Clerk's duties under this Section. The City Council shall ensure, through the budget process, the appropriation of 7-75 funds sufficient to allow the City Clerk to perform the duties under this Section. D. Council districts shall be established and periodically adjusted based on the following criteria: 1. Districts shall have reasonably equal populations as required by the Federal and State constitutions. 2. District boundaries shall be geographically compact and contiguous. ,wiit::,, 3. District boundaries shall follow features, street lines and/or City boundary lir al and man-made possible. 4. District boundaries shall the extent practicable. A community,i area comprised of residents who shat limited to, social, cultural, ethnic, gE formal government or quasi-governm~ relationships with political parfres,inc 5. District bounds. advantage or disadvantage to ommunit~es of interest to is defined'a`s~a geographic nteresfs including, but not or economic interests, or onships, but not including without regard for 6. District b~`d"t~ndaries shall be drawn without regard for ;~ advantage or disadvanta~r~e to any po')ifical party. E. If ~,~nurf of coirip~fent juri`s`diction invalidates a plan to establish or adfust~,Counc~l ~~~ tncts the City Clerk shall, as soon as practicable, prepare a new plar{`~o establish or adjust Council districts. F. T~arrsition to ljybrid Elections 1. A'ji~~C(od~"of transition from pure of-large elections to the hybrid elections described in Section 300 will occur from the time of approval of a plan to establish Council districts to the time that the first hybrid elections are held for each Council district. For this transition period, each 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 districting plan approved by the City Council and implemented by the City, whether or not that Councilmember resides in that Council district. For example, 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 5 7-76 (1). Each of the Councilmembers occupying office at the time of the effective date of this Section shall be so designated. 2. Council districts one (1) and (2) shall transition to the hybrid elections described in Section 300 of this Charter beginning with the general municipal election in 2014. Council districts three (3) and four (4) shall transition to the hybrid elections described in Section 300 beginning with the general municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers for purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to seek election to a newly created Council district;~n„any hybrid election unless such person is eligible to seek election undei Subdivisions A and C of Section 300 of this Charter. For purposes of;fh~e transition period, prior service by an incumbent Councilmember in" offico*;,at the time of the effective date of this Section shall count for purposes of~determining that Councilmember's eligibility under Subdivision C of Se"coon 300 of this Charter to run for election In one ot,~ he newly created Cn ncil districts. v. Thus, a designated incumbent Couricflmembei;of anewly created Council district during the transition period may not, tie nominated for or elected in a hybrid election for that Council district unless (1) he or she is a resident of that Council district at the time nomination papers are filed and (2) more than one (1) year has elaps~tl s{nce the termination of the second consecutive term in the office of Cfty;Gouncilmember for which he or she was previously elected or appomtedt`=' Deleted: Section 300.5 DiaWUivg Commission ¶ A.. Esnblishment of City Districting Commission; Composirioq Powers end Duties ¶ n L .Separate and distinct from the commissions providad for in Article VI of this Charter there shall be cstablished a seven Q) member Districting Cmmnissioq hereinafter "Comntissioq" Cor [he purposes oCrecommending to the CiTy Cormcil the Convcil districts by whmh Comcilmembers shall be elected, and peoodically recommending to the Cip~ Cormcil adjustmevLS to the borrodaries of such Cormcil diavicts_ ¶ ¶ 2. _ The feet Comnnsaion established under [his Section shall recommend, and the Ciry Council shall approve, a Districting Plav establiah~ng ton (4) ' Counod districts in a thusly manner, but no later ilren Eebnary 1, 2010., for use in theJme 2014 general municipal election. Thereafteq future Commissions shall mwrnnand, and the Ciry Council shall approve, a Districting Plan for adjusting the boundaries of the four (4) Council districts within one (1) year ofreceipt by the City of [he final Federal Decennial Cevsras information for use commencing with [he next scheduled general murdcipal elecmn occurring at least three months after adoption of [he Final Districting Plan. As used in this Section, the term "Federal Decennial Census" shall mean [he national decerwal census that is taken undo the dvecfion of the United States Congress at the begiming of each decade. ¶ 3.. One or more, as necessary, independent consnltan[s experienced and competent in the skills necessary for the disMcting work shall be utilized to assist tha Cornmiseion iv developing the Districting Plans detailed in this Section. ~ 9 B.. Ordinances ]mplementing Dislriaing Commission Powers and .Duties; Appropriations m Support Districting Commission ¶ . 1.. The Ciry Council shall adopt such ordinances as are necessary to provide for and support the Commission, and m ensue timely selection of Commission members and PoII implemematiov of the Commission's powers and duties under this Section. ¶ 9 . 2.. The City Cormcil shall ensure, though the budget process, that appropriation of ftrnds sufficient ro allow the Commission to carry out its powers ~, and dunes under [his Section. $ 1 rrormatted: LeR 7-77 Page 6: [1] Deleted 7/20/2012 2:09:00 PM Section 300.5 Districting Commission A. Establishment of City Districting Commission; Composition; Powers and Duties 1. Separate and distinct from the commissions provided for in Article VI of this Charter, there shall be established a seven (7) member Districting Commission, hereinafter "Commission," for the purposes of recommending to the City Council the Council districts by which Councilmembers shall be elected, and periodically recommending 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 Council shall approve, a Districting Plan establishing four (4) Council districts in a timely manner, but no later than Februazy 1, 2014, for use in the Jane 2014 general municipal election. Thereafter, future Commissions shall recommend, and the City Council shall approve, a Districting Plan for adjusting the boundaries of the four (4) Council districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled general municipal election occurring at least three months after adoption of the Final Districting Plan. As used in this Section, the term "Federal Decennial Census" shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade. 3. One or more, as necessary, independent consultants experienced and competent in the skills necessary for the districting work shall be utilized to assist the Commission in developing the Districting Plans detailed in 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. 2. The City Council shall ensure, through the budget process, that 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 are eligible to apply for and serve on the Commission. 2. Notwithstanding that they may be a resident and registered voter of the City, the following persons are ineligible to apply for and serve on the Commission: 7-78 a. the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review Commission; b. a relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected City official; c. a person who, at anytime within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official; d. a current employee of the City or a current employee of any organization 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 Commission, has worked as a lobbyist. For purposes of this provision, the term "lobbyist" means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City 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 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. Four (4) Commission Members shall be randomly selected from the applications submitted by persons who are eligible to serve on the Commission; 2. Three (3) Commission Members shall be selected by the randomly selected Commission Members from the remaining eligible applicants, subject to approval by the Ciry Council. The goal of such nominations shall be to ensure that, to the extent possible and as permitted by law, the Commission includes: a. women and men who reflect the racial, ethnic, and geographic diversity of the City; b. persons who have relevant knowledge and/or demonstrated analytical abiliti0s that would allow the Commission to carry out its responsibilities with a high degree of competence; 7-79 c. persons who have demonstrated the ability to serve impartially in 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 nominees for selection to the Commission unless the City Council finds that the approval of one or more of the nominees would be inconsistent with this goal. 3. In the event that not enough eligible persons apply for-the Commission to allow selection in the manner provided in Paragraphs 1 or 2 of this Subdivision, the City Council shall appoint persons as necessary to fill all seven (7) seats on the Commission. Such appointments shall be consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 2 of Subdivision D of this Section. 4. 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 be determined no later than May 1 of each year following the year in which the Federal Decennial Census is taken. 5. Vacancies on the Commission, from whatever cause arising, shall if possible be filled using the same process described in Pazagraph 2 of this Subdivision, and if not possible, then by the City Council consistent with the eligibility restrictions in Subdivision C of this Section and the goals described in Paragraph 2 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons described in Article VI, Section 602(c) of this Charter. Vacancies on the Commission shall be filled within 45 days of the date upon which the vacancy existed. E. Commission Member Compensation; Restriction on Commission Members Seeking Election to City Council 1. Commission Members shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures 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 to, the City Council in any district whose boundazies 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. 7-80 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 equa] populations as required by the Federal and State constitutions. 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 economic interests, or formal government or quasi-governmental relationships, but not including relationships with political parties, incumbents, or candidates. 5. District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or challengers. 6. District boundaries shall be drawn without regard for advantage or disadvantage to any political party. G. Procedures for Creation of Draft and Recommended Districting Plans. The Commission and City shall abide by the following procedure in any districting process: 1. The Commission shall comply with the Ralph M. Brown Act (Government Code sections 54950, et seq.) when hearing, discussing or deliberating on matters related to the districting process, and with the Public Records Act (Government Code sections 6250, et seq.) for all documents relating to the districting process. 2. The Commission and City should actively encourage City residents to participate in the districting process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission meetings, provide public comments to the Commission, and facilitating the submission of districting plans for consideration by the Commission. To the extent practicable, Commission meetings should be held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City. 3. The Commission shall approve a Draft Districting Plan based on application of the districting criteria specified in Subdivision F of this Section and 7-81 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 ]east two (2) public meetings prior to approving a Draft Districting Plan. 4. 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 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. 5. 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. 6. 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 Districting Plan submitted by the Commission to the City Council. H. City Council Consideration of Recommended Districting Plan; Approval of Final Districting Plan. 1. The City Council shall hold at least one (1) public hearing on the Recommended Districting Plan of the Commission before the City Council takes any action to approve or disapprove the Recormended Districting Plan. 2. The Recommended Districting Plan shall be made publicly available for at least fourteen (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, the City Council shall approve or disapprove the Recommended Districting Plan in its entirety. 4. If the City Council approves a Recommended Districting Plan it shall immediately become the Final Districting Plan which shall be implemented by the City. 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 7-82 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 City. Approval of such Final Districting Plan shall require the affirmative vote of five (5) Commission Members. 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 against 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 Plan approved by an subsequent Commission, the City shall continue to elect Councilmembers by district in accordance with the Council districts then in effect until an election on the referendum is held. In either event, if the voters approve such a Final Districting Plan, the Council districts established in the Final Districting Plan shall become effective as soon as practicable. If the voters reject such a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended 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 competent jurisdiction invalidates a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section. Dissolution of Districting Commission Each Commission established under this Section shall cease operations and dissolve on the ninety-first day following approval of a Final Districting Plan, unless a referendum against the Final Districting Plan has qualified or a lawsuit has been filed to enjoin or invalidate the Final Districting Plan, in which case the Commission shall continue operations until a Final Districting 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 Fina] Districting Plan to the time that the first by district elections are held. For this transition period, each 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 7-83 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 election in 2014 and the first district elections for Council districts three (3) and four (4) shall occur during the municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers for purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to seek election to a newly created Council 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 of the transition period, prior service by an incumbent Councilmember in office at the time of the effective date of this Section shall count for purposes of determining that Councilmember's eligibility under Subdivision C of Section 300 of this Charter to run for election in one of the Council districts established under the first Final Districting Plan. Thus, a designated incumbent Councilmember of a newly 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) he or she is a resident of that Council district at the time nomination papers are filed and (2) more than one (1) year has elapsed since the termination of the second consecutive term in the office of City Councilmember for which he or she was previously elected or appointed. 7-84 RESOLUTION NO.2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION 2012- 127 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2012 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTIONS 300, 303 AND 503 AND ADD NEW SECTION 300.5 TO PROVIDE FOR DISTRICT ELECTIONS ~ ~~ ~~ ~~~~ ~ ~~ t~ _ ~~~ WHEREAS, Resolution No. 2012-127 calling a Special Municipal Election to be held on Tuesday, November 6, 2012 was adopted on July 10, 2012; and WHEREAS, by adoption of Resolution No. 2012-127, the City requested that the County of San Diego Board of Supervisors permit the Registrar of Voters to perform and render all services and proceedings related to the conduct of the November 6, 2012 election; and WHEREAS; the Charter of the City of Chula Vista, Article III, Section 300 provides for the election, eligibility requirements, and term of office of the City Council members; and WHEREAS, the City Charter should provide for the election of the four City Councilmembers by district, whereby only the voters within a district can vote on the candidates in their district in the general municipal election; and WHEREAS, the City Charter should require that beginning in 2014, the top two candidates from the general municipal election for City Councilmember shall be subject to a mandatory November run-off election; and WHEREAS, the City Charter should provide that, if there are only one or two candidates qualified for the general municipal election from any one district, those candidates should not be required to participate in the general municipal election, but should advance to the November, run-off election; and WHEREAS, the City Charter should provide for the transition of Council Districts 1 and 2 to by district elections in 2018; and the transfer of Council Districts 3 and 4 to by district elections in 2016; and Resolution No. Page 2 WHEREAS, the City Charter should be amended to provide that the district boundaries should be drawn by a Citizens' Commission• WHEREAS, the City Charter should provide that beginning in 2014 the Mayor and City Attorney should be elected in a mandatory November run-off election• NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as ~' follows: ~ ~~; ~ , '"~ t?5 SECTION 1. That the City Council, pursuant to its right an aut~0r ,does hereby place a measure amending Chula Vista City Charter sectio 300 and adding section 300.5, a copy of which is attached hereto as Exhibit A, on the ballot for the Special Municipal Election, to be held on November 6, 2012, and orders submitted to the voters the following question: Shall the City of Chula Vista Charter be YES amended to: provide for election of City NO Councilmembers from geographic districts in which they reside, with district boundaries drawn by [XXXXX], a "general primary" election at which only district residents can vote, followed by a November "runoff' election between the two top vote-getters at which residents City-wide can vote, with district elections starting in 2014 and phased-in completely by 2018? SECTION 2. Should the question be approved by the requisite vote, the measure attached hereto as Exhibit A, and incorporated by this reference shall be enacted. SECTION 3. The City Attorney shall cause the preparation of an impartial analysis of the measure, which shall be due August 20, 2012. SECTION 4. The City Clerk is directed to prepare and publish a notice of the measures to be voted on. Direct Arguments shall be due by August 22, 2012, in the City Clerk's office, and the 10-day public review period for the arguments shall be August 23 to September 4, 2012. SECTION 5. The City Council hereby acknowledges its authority, pursuant to California Elections Code section 9282, to submit a written argument not to exceed 300 words in length. SECTION 6. Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments, rebuttal arguments will be allowed in accordance with Elections Code Resolution No. Page 3 section 9285. Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will be August 30, 2012, in the City Clerk's office, and the 10-day public review period for the arguments shall be August 31 to September 10, 2012. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the elections. SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and file it with the City's original resolutions. Presented by: Approved as to form by: Glen R. Googins City Attorney Glen R. Googins City Attorney ~~ Combined ~ ~ Shall the City of Chula Vi to Charter be amended so that City Councilmembers are elected by geographic di rict where they reside, with district boundaries drawn by a „ ~. citizens' commission, al~with elections t which only district residents can vote;_ '*'~ ~~~~,.;,,~ e'.ec.:c:=° starting in 2016 and phased-in completely by 2018; and so that City Councilmembers, the Mayor and the City Attorney are all elected at a mandatory November "runoff 'elections starting 2014g? Combined Ballot Question August 7 REV 2 Section 303. Vacancies C. Unanticipated Vacancies. 2. a. In the special election, the voters in the district for which a vacancy shall be filled shall be entitled to vote for one (1) candidate from the district; the two (2) cmtdidates for Councibnember in the district receiving the highest and second . highest number of votes cast by the voters of the district shall be the candidates itt a special run-off election, as provided in subparagraph b., below. Ties among candidates shall be resolved in the manner provided in Section 300.A.3. _ _ ~------------ ------------------------------------------- ------------------------------------------'" ------------- b. If no candidate receives a maj ority of votes cast in the special election, to ftll a - Deleted: If one candidate receives the d n ma~orityofvotescastforallcandt atesi the special election, the candidate vacancy, a special run-off election shall be held in the district in which the receiving the majorityofvotescastshall be deemed to be and declazed by the vacancy exists, on the next established election date, as specified in the Elections Council to be elected to the vacant office. ~ Code, or within 120 days following the certification of the special election results, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days following the certification of the special elections results, at which time the Council may consolidate the special run-off election with that election, as provided by the Elections Code. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat. c. A vacancy in the office of Mayor shall be filled itt the same mamter as provided in subparagraphs a., and b., above, except that the voters of the City at-large shall be entitled to vote. Setion 503. City Attorney Election Powers and Duties. (c) Election; Compensation of City Attorney. The City Attorney shall be nominated and elected in the same manner and at the same election as tite Mayor~_except as otherwise-___--- Deleted: a~nemre=ofcnec~cycoUa~si provided in this section. The compensation of the elected City Attorney shall be set by the Council, but shall be not less than the median compensation paid to the City Attorneys of the six California cities whose populations are closest to that of the City of Chula Vista, provided that three are higher and three are lower in population, and that compensation may not be reduced during the City Attorney's term of office, except as part of a general reduction of salaries of all officers and employees in the same amount or proportion. The City Attorney shall be in the Unclassified Service. (f) Vacancy, Filling of. Upon the declaration of vacancy in the Office of the City Attorney, the Office of the City Attorney shall be filled by appointment by the majority vote of the members of the Council; provided, that if the Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, or if the unexpired term of the City Attorney shall exceed 24 months at the time of the appointment, the City Council shall cause a special election to be held to fill such vacancy, as provided in Section 303. C.2. An appointee or the person elected to the Office Section 503 of City Attorney for the balance of an unexpired term shall hold office until the next general election for the Office of the City Attorney. EXHIBIT B 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 fr.,r„ +ho ~;+„ -,+ ~..rryo at the times and in the manner provided in this Charter. 1. The Mayor shall be elected from the Cify 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. To 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 ~t the -time of filing the .nomination papers for such office. ~ ~~~_ ~_ 2. Each of the four Councilmembers, shall be elected by district in the manner provided in paragraph (3) below: To~be eligible to seek election, or appointment, to the office of~:Councilmember, <<>a person must be a registered voter of the City or territory annexed to"the City and resident of the Council district which that person seeks. o represent at the time of filing the nomination, papers for such"office, or at the time of appointment to such office, respectively. No person shat% be eligible to hold the office of Councilmember .unless that person; is. a registered voter of the City or territory annexed to the City and resident of the Council district which that Councilmember represents. 3. In the general municipal election, the voters in each district fromwhich a Councilmember is to be elected shall be entitled to vote for one (1) candidate from ttheir district; and the two (2) candidates for Councilmember in each district receiving the highest and second highest number of votes cast~by the voters of their district shall be the candidates in a run-off election to be held on the same date as the statewide election date in November immediately following the genera! municipal election (if fi no statewide election is conducted, then on the first Tuesday after the first Monday of November of each even numbered year). If only two qualified candidates from a Council district file nomination papers to participate in the genera! municipal election in that district, no genera! election shall be held and the two candidates shall be the candidates at the run-off election for the office of City Councilmember from that district. if two or more candidates from a district tie in the receipt of the highest number of votes in the general municipal election, all such candidates shall appear on the run-off election ballof and no candidate(s) receiving the second-highest number of votes shall appear on the run-off election ballot. If one candidate from a district receives fhe highest number of votes and two or more candidates from the same district tie in the receipt of the second- highest number of votes, all such candidates shall appear on the run-off election ballot. In the run-off election, the voters in each district from which a Councilmember is to be elected shall be entitled to vote for one (1) candidate from each district for which a Councilmember is to be elected, and the candidate for Councilmember from each district receiving the highest number of votes cast shall be elected. B. G The term of each member of the City Coun, four years and shall commence on the first.Tues the election, and shall continue until a qualifiec Tho form f +ho 11Aovnrar'co~+ ~r oath of office. ten,-r,s~ .,_ shall be for a nominal term of ay of December of the year of successor des takes the ~--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 ter-»"`for the Mayor or Councilmember(s) elected at such electron ,shall .be deemed to commence upon taking the oath of office;, which shall be given at the first scheduled City Council meeting ~'ollowing'cert~fication of the election results. C. ~-B~ No person shall ,be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held; the office of Councilmember for a period of two (2) consecutive fierms _or the office of Mayor for two (2) consecutive terms, may again seek nomiriafion 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 to fill the office of Councilmember or Mayor may not seek nomination and election to said offices of Councilmember or Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person 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. 2 D. ~ Each Council district seat shall be numbered one (1) through four (4) respectively. Any person running for a--~~eur~ ' ^~~~ the office of Councilmember shall designate, as the office for which such person seeks election, one of the numbered Council districts sea#-s 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 on their nominating papers. ~e~se; s-seek,~efe~~te-t"T~y °..+ +h° ('n~ ~nnil nnoi+inn fnr ~nrhinh +h°v c°°L °I°n+inn ` E. fir. Any person to be elected at a general municipal election for (`^,innil o°~++ nn° +hrn~inh fn~~r ^r,the office of Mayor for which nomination papers have been filed sha11 be deemed elected. upon receipf.of a majority of the votes cast for +h° r,°r+;^„'°r ~°°+ nr 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 `field on the same date as the statewide election date in November immediately following the general municipal election (if no statewide election is `conducted,`.th°en on the first Tuesday after the first Monday of NovembeC,of each evennumtiered year), between the two candidates receiving ,the highest~~;arid second'>lighest number of votes in the general municipal' election for °~~~' °°~+ ^r the office of Mayor, in order to determine the winner;:"By way of clanf~caton`~ ties among the candidates receiving the two higfiest number of votes at the general municipal election shall be resolved by a special run-off election:'Beginninq in 2016, the elections for the office of Mayor shall be held:.in the Fsame manner as provided in Section 300.A.3, provided however thafwoters~of~the City at-large shall. be_entitled to vote in such elections. F. #. Vacancies and elections to fill vacancies for the office of Councilmember °^~~ n~~mh°r°.a ('ni~nnil c°o+ $pe th-re~gk~-fe~~-or the office of Mayor, shall be determined in accordance with Section 303.C.2.f,~r-~T~ nr~m+n~++i^n n~+n~s+~(~~°~,n~f~iT~~.~~e r'~~m~4~ 3 rn°niol r~ m_nff °I°n~inn G, t. If one of the two eligible candidates dies on or before the ninetieth day prior to a special run-off election required under this Secfion, 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 s°~ad--j~a~the office of Councilmember 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°`i=eceiving the third highest number shall be held. If rejected, there shall be rio run-off election, and the remaining candidate shall be deemed elected as of the date ofi'such death. H. ~ Any person to be elected at a special \run~~off election required under #-he this Section, shall be ;;deemed elecfed;'~upo,t~ receipt of the highest number of votes for the particular ~-office of Councilmember or the office of Mayor and shall be seated upon. taking 'the oath of office. Ties at such special run-off election shall be resolyed_by lof Section 300.5 Districting ;Commissi®n A, Establishmer~t of Cify Districting Commission; Composition; Powers and Duties. - '~~~: ~`7. Separate and distinct from the commissions provided for in Article VI of this Charter, ~~there shall be established a seven (7) member Districting,;,.Commission, hereinafter "Commission," for the purposes of recommending to ;the City Council the Council districts by which Councilmerribers shall be elected, and periodically recommending 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 Council shall approve, a Districting Plan establishing four (4) Council districts in a timely manner, but no later than February ~, 20164, for use in the ~~xt~-201_64 general municipal election. Thereafter, future Commissions shall recommend, and the City Council shall approve, a Districting Plan for adjusting the boundaries of the four (4) Council districts within one (1) year of receipt by the City of the final Federal Decennial Census information for use commencing with the next scheduled general municipal a/ecfion occurring at least three (3) months 4 after adoption of the Final Districting Plan. As used in this Section, the term "Federal Decennia! Census" shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade. 3. One or more, as necessary, independent consultants experienced and competent in the skills necessary for the districting work shall be utilized to assist the Commission in developing the Districting Plans detailed in this Section. D. Ordinances Implementing Districting Commission Powers and Defies; Appropriations to Support Districting: Commission 1. The City Council shall adopt such ,ordinances as are necessary to provide for and support the.., Commission, and fo ensure timely selection of Commission members and full implementation of the Commission's powers and duties under this Section. S` !` 2. The City Council shall ensure; fh-'ough the budget process, the appropriation of funds sufficient to allow fI?e` Commission to carry out its powers and duties under this Section. C. Eligibility to Serve on the Commission. T. 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 following persons are ineligible to apply fo'r.and serve on the Commission: a. the; Mayor, a Councilmember, any other elected City official, or a member:`of the City Charter Review Commission; b: < ' a relative by blood or marriage within the second degree, or any` domestic partner within the meaning of California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected City official; c. a person who, at anytime within the four (4) years immediately preceding fhe date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official; 5 d. a current employee of the City or a current employee of any organization 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 Commission, has worked as a Lobbyist. For purposes of this provision, the term "lobbyist" means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City 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 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 t,;, 7. The Cify Charter Review Commission shall review and verify the information con`ta~ned in the.' applications submitted by persons interested in serv-ng on the Commission, including applicants' eligibility to serve on the ~ommiss-on under Subdivision C of this Section. From the reviewed and verified applications, -the City Charter Review Commission shall select-ten (70) persons to constitute the pool of eligible applicants for purposes of tliis Subdivision. 2. Four (4) ,' Corrlmission Members shall be randomly selected from the fool of eligible applicants; 3. Three,.>(3) Commission Members shall be selected by the randomly selected Commission Members from the pool of eligible applicants, subject to approval by the City Council. The goal of such selections shall be to ensure that, to the extent possible and as permitted bylaw, the Commission includes: a. women and men who reflect the racial, ethnic, and geographic diversify of the City; b. persons who have relevant knowledge and/or demonstrated analytical abilities that would allow the Commission to carry out its responsibilities with a high degree of competence; 6 c. persons who have demonstrated the ability to serve impartially in 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 nominees for selection, to the Commission unless the City Council finds by at least four (4) affirmative votes that the approval of one or more of the nominees would.•be ,inconsistent with this goal. !n such case, the City Council shall .approve for selection to the Commission one or more persons from the remaining pool of eligible applicants. -~. 4. !n the evenf that not enough eligible persons apply for fhe Commission to allow selection in the manner provided in Paragraphs 1, 2, or 3 of this Subdivision, the City Council~~.~shall appoint persons as ~. . necessary to fill all seven;` (7) seats 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 firsf Commission provided for in this Section shall ~e~determined no later: fhan May 1, 20153. Thereafter, the Members of subsequent; Commissions shall be determined no later fhan May 1 of .each. year~~following the year in which the Federal Decennial Census is taken. ? `~ ~~ ~ 6: Vacancies on.,-`the Commission, from whatever cause arising, shall if possible be filled using the same process described in Paragraph 3 of this Subdivision, and if not possible, then by the City Council consistent with the eligbility:~restrictions in Subdivision C of this Section and the goals described;in Paragraph 3 of this Subdivision. A vacancy on the Commission shall be declared for the same reasons described in Article Vl, Section 602(c) of this Charter. Vacancies on the Commission-shall be filled within 45 days of the date upon which the vacancy existed E. Commission Member Compensation; Restriction on Commission Members Seeking Election to City Council 1. Commission Members shall serve without compensation for their services as such, but may receive reimbursement for necessary 7 (raveling and ofher expenses incurred on official duty when such expenditures 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 to, the Cify Council in any district whose boundaries 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: ~. District shall have reasonably °egual p®pulations as required by the Federal and State constitutions _,\ ~~ 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.,communty of interest is defined as a geographic area comprised of resdenfs who share similar interests including, but not limited to, social, cultural, ethnic, geographic or economic interests, or formal government or quasi-governmental relationships, but not including relationships with political parties; incumbents, or candidates. 5. Distr~ct~ boundaries shall be drawn without regard for ad~an#age or disadvantage'to incumbents or challengers. 6. Disfrict ' ,boundaries shall be drawn without regard for advantage or.disadvantage to any political party. G. Procedures for Creation of Draft and Recommended Districting Plans. The Commission and City shall abide by the following procedure in any districting process: ~. The Commission and City should actively encourage City residents fo participate in fhe districting process. Such efforts should include, but not be limited to, encouraging City residents to attend Commission meetings, provide public comments to the Commission, and facilitating the submission of districting plans for consideration by the Commission. To the extent practicable, Commission meetings should be held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City. 2. The Commission 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)=;;clays- before the Commission may take any action to approve a Recommended Districting Plan, The Commission shall hold of least two (2) public meetings between the release of a Draft Districting Plan and approval of a Recommended Districting Plan; provided, however, that the first scich publics'. 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 consideratian, 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 Y, 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 ~pfepare the Recommended Districting Plan. Such a report shall acconpany~any Recommended Districting Plan submitted by the Commission to fhe City;-.Council, ~.~ H. City Council ~ Consideration of Recommended Districting Plan; Approval of Final Districting Plan. -`;, ~. The City Council shall hold at least one (1) public hearing on the Recommended Districting Plan of the Commission before the City Council takes any action to approve or disapprove the Recommended Districting Plan. 2. The Recommended Districting Plan shall be made publicly available for at least fourteen (74) days before any vote by the City Council to approve or disapprove a Recommended Districting Plan. 9 3. The City Council shall not alter the Recommended Districting Plan. Rather, the City Council shall approve or disapprove the Recommended Districting Plan in its entirety. 4. If the City Council approves a Recommended Districting Plan it shall immediately become the Final Districting Plan which shall be implemented by the City. 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;~n 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 City.:. Approval of such Fina! Districting Plan shall rewire the.`affirmative vote of five (5) Commission Members. I. 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 against 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 Plan approved by a subsequeni~ Commission, the Cty'shall continue to elect Councilmembers by #y-d~stricf:..elections as provided in Section 300 using existing Council disfricts until an .:election on the referendum is held. In either event, if the voters _ approve such a Fina! Districting Plan, the Council districts .established in the Final Districting Plan shall become effective as soon as practicable.` If the voters reject such a Final Districting Plan, the Commission shall, ; as soon as practicable, prepare and submit a new Recommended,;Districting Plan for consideration and approval by the City Council consistent with the process described in Subdivision G of this Section. 2. !f a court of competent jurisdiction invalidates a Fina! Districting Plan, the Commission shall, as soon as practicable, prepare and submif a new Recommended Districting Plan for consideration and approval by the Cify Council consistent with the process described in Subdivision G of this Section. 10 J. Dissolution of Districting Commission Each Commission established under this Section shall cease operations and dissolve on the ninety-first day following approval of a Final Districting Plan, unless a referendum against the Final Districting Plan has qualified or a lawsuit has been filed to enjoin or invalidate the Final Districting Plan, in which case the Commission shall continue operations until a Final Districting Plan is implemented by the City. Notwithsfanding 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 from At-Large Elections ~ `` ;~ 1. A period of transition from` a-at large elections to the hybrid by district elections described in Section 30U -will occur from the time of approval of a plan to establish Council dis#ricts to the time that the first #ybri~bv district elections are., held for each Council district. For this transition period, each 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 districting plan approved and implemented by the City Council, whether or not that Councilmember . resides ': in that Council district. For example, the Councilmember~occupying the previo~us/y-designated Council seat one (9) will be designated the iricumbent,.Councilmember for new Council district one (~) whether... or riot that Councilmember resides in Council district one (9). Each of the~~,Councilmembers occupying office at the time of the effective date of this Section ~slaall be so designated. ., 2: Council; .districts one (9) and (2) shall transition to the by district elections described in Section 300 of this Charter beainnina with (4) shall trans;#ion to the by district elections described in Section 300 be_pinning with<<~the genera! municipal election in 2096. Notwithstanding the designation of incumbent Councilmembers for purposes of the transition period described in Paragraph 1 of this Section, no person shall be eligible to seek election to a newly created Council 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 of the Transition period, prior service by an incumbent Councilmember in office at the time of the efifective date of this Section shall count for purposes of deferminin_q that Councilmember's eligibility under Subdivision C of Section 300 of this Charter to run for election in one of the newly created Council districts. 11 Thus, a desi_gnafed incumbent Councilmember of a newly created Council district durin_g the transition period may not be nominated for or elected in a by district election for that Council district unless (~) he or she is a resident of that Council district at the time nomination papers are filed and (2) more than one (~) year has elapsed since the termination of the second consecutive Perm in fhe office of City Councilmember for which he or she was previousl y ,,e/le,~c,,ted or appointed. w, `)~ /'`° r r n~ ~yt~-tiT' °v-nor„ n /~l i c h •~ 11 $/-t/$n-t0-~ ~"~u Ctectf8n-s tlL~"c-r`u°°f'ca-ir -vcc ~ $-vr~'ra~e~ b~e~ ; the-gem°cra'i 12 ..s r:ir..,.... ..., ~ s~.i . 08/03/2012 09:.25 6194227901 VILLAGE CREMATION SUC #0462 P. 002/003 (~~ s~ y~Pd coP y) August 2, 2012 From: Charter Review Commission To: Honorable Mayor Cox and City Council Dear Mayor and Council, As directed by the City Council, the Charter Review Commission has investigated options and reviewed our proposal far the process of creating council districts in the City of Chula Vista. We discussed the council district creation options presented during the City Council meeting of Juty 17, 2012. The options presented focused upon alternative entities responsible for creating a redistricting commission andjor mapping district boundaries. The entities we discussed are: the City Council, the City Clerk, the City Attorney, the City Manager, and the Charter Review Commission. We contacted Caliper Corp., the prime Supplier of election district mapping software in Ca1'tfornia and determined there are no independent contractors providing election district mapping services. We reviewed the election district mapping processes employed by San Diego, Los Angeles, Modesto, and San Francisco. We reviewed our original goals for the process ofi creating Chula Vista Council districts, We noted there are still some California cities and jurisdictions where the local governing body determines their voting districts and the city of Stockton has appointed their city clerk to create council districts. We found the majority of California cities that have established council districts have created independent redistricting commissions by appointment or lottery to map their district boundaries. The independent redistricting commissions provide the best environment for an open and transparent process with little or no influence from sitting elected afFicials or others with a clear bias. This Charter Review Commission has maintained the desire to provide an open and transparent process for creating election districts throughout our deliberations. Discussion during the July 17, 2012 council meeting disclosed concern with the potential of our proposal to create additional bureaucracy and cumbersome duties. We took those comments to heart. We maintain our original proposal is the optimum method for ensuring an open and transparent process far creating election districts. The City Attorney's OfFce has also developed an alternative amendment proposal which may allow some flexibility re: the creation of a redistricting commission via appointment. !t is possible that there may be other systems, which would still fulfill our goals, that might be simpler to implement and which could make the creation of districts an easier #ask. However, with the deadline imposed on the Charter Review commission to get a proposal ready for the November ballot we are not able to make a recommendation on any other proposal at this time. The City Council requested we consider and report on three referrals made at the July 17, 2012 council meeting. They are: Residency and Age Requirements for City Council Members p(µ1131T._A 08/03/2012 09:25 6194227901 VILLAGE CREh1ATI0N SVC #0462 P. 003/003 Use of Ranked Voting System in City Elections Elimination of Majority Vote in June Elections for Mayor and City Attorney We investigated ranked voting elections and determined our County Registrar's Office is not currently equipped to perFarm this type of election. Hence, Chula Vista would have to provide funding to the Registrars ofFice to establish ranked voting capability. Second, Chula Vista ranked voting elections would have to be held on dates separate from existing consolidated county-wide election dates. Third, Chula Vista would have to create and fund a ranked voting educational program. Therefore, we would recommend the council not pursue a ranked voting system at this time. With regard to the residency and age requirements for city council members, it is not our intent to recommend any changes to the city's current practices. However, we do find that current language in Section 30q.A.1 and 2 of the charter might be viewed with some confusion and we have proposed that the language be clarified in the proposed charter amendment _ _ We have initiated discussions on eliminating the possibility for alI city officials to be elected by a majority vote in a lone election. At this time we are not prepared to provide a recommendation. we will continue to deliberate these topics and report out to you at a later date. On Behalf of the Charter Rev- w Commission, Randy Bellamy Chair p(HIBIT A ~--~ `7 August 6, 2 O 12 Honorable Mayor Cox and Council Persons, Subject: August 07, 2012, Item 7 1) "Hybrid" election system: It seems redundant and costly that candidates need win the "primary" election and then proceed to an at-large, November election to win again. Most citizens are of the opinion that in this day and time, the candidate with the most money wins. There is no good reason f or run-off elections. 2) If the City does chose to use the district system, in the June "primary" only the voters living in that district would vote only for a candidate runr-ing in their district. I am not in favor a candidate proceeding to an at-large, November runoff election, and all voters in the City being able to vote for a candidate in each district. That could then add up to the voters in a district not getting the council person they elected in the primary. I for one do not want just anyone outside my district voting for my council person. 3) Also during the last Council meeting in Duty, I heard a council person say that he thought it should not be necessary for the council person of a district be required to live inside the district and that is should be okay to live a couple streets outside. How can the council person's heart beintohis/her district if they don't live there? NO, either get with it or get away from it; live in among your constituents. 4) Responsibility for Drawing District Boundaries: As for the "districting commission" third option utilizing the City Clerk is out of the question. Perhaps Mr. Miadich is not aware that due to the cutbacks the staffingb~~ s C~ C~ kof you away b haant the C d from nine bodies, 8-1/2 positrons, to fi Clerk cannot even go on vacation without taking her work with her; she does not have even one secretary while others have two? 5) Having the City divided into districts will caon ess~there is a lot of manipulation own. agenda for his/her district. As In our US C gr going on between its members; such as if you vote for my cause I will vote for yours. I have discerned that there is already some oft ~~ am.oe eao h ct~ne the second council certain council persons are voting one way f person, over and over, again will be v©ting the same as the first. Thank you for your time. r~oxMA nrAl~ -t2rRx~~ "~ ~ Space 1 I9 521 ©range Avenue Chula Vista, CA 91911 H©~rfE PxONE: 619/409-6995 CELL PxorrE: 619!948-9235 E1vtArL: normajean79vcox.net