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HomeMy WebLinkAboutReso 2012-156RESOLUTION NO.2012-156 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 AND MANDATORY RUNOFF ELECTIONS FOR THE CITY COUNCIL, MAYOR AND CITY ATTORNEY 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 Registraz 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 runoff 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 runoff 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 WHEREAS, the City Charter should be amended to provide that the district boundaries should be drawn by a Citizens' Commission; and WHEREAS, the City Charter should provide that beginning in 2014 the Mayor and City Attorney should be elected in a mandatory November runoff election. Resolution No. 2012-156 Page No. 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 sections 300, 303 and 503 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 so that City Councilmembers are NO elected by geographic district where they reside, with district boundazies drawn by a citizens' commission, with elections in which only district residents can vote, starting in 2016 and phased-in completely by 2018; and so that City Councilmembers, the Mayor and the City Attorney are all elected at mandatory November "runoff' elections starting 2014? 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 prepaze 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 azguments 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 azguments 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. Resolution No. 2012-156 Page No. 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 Registraz of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessazy 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 r~ ,,« Glen R. Googi City Attorney Approved as to form by '~ J ,7 ~/-,~i~~ Glen R. Googin City Attorney Resolution No. 2012-156 Page No. 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of August 2012 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Castaneda and Ramirez NAYS: Councilmembers: Cox ABSENT: Councilmembers: None Cheryl Cox, M or ATTEST: ,(Y - le ~~ 0 ~~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-156 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of August 2012. Executed this 7th day of August 2012. _~~ ~ .~~ Donna R. Noms, CMC, City Clerk Resolution No. 2012-156 Page No. 5 EXHIBIT A 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 offue of Mayor, or to be elected or appointed to the offtce 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 at the time of filing the nomination papers for such offue. 2. Each of the jour 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 ojthe City or territory annexed to the City and resident of the Council district which that person seeks to represent at the time of filing the nomination papers for such office, or at the time of appointment to such offce, respectively. No person shall be eligible to hold the office of Councilmember unless that person is a registered voter of the Ciry or territory annexed to the Ciry and resident of the Council district which that Councilmember represents. 3. In the general municipal election, the voters in each district from which a Councilmember is to be elected shall be entitled to vote for one (I) candidate from their district; and the two (2) candidates for Councilmember in each district receiving the highest ¢nd second highest number of votes cast by the voters of their district shall be the candidates in a run-ojf 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 fast 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 ¢t the run-off election jor 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 candidate from a district receives the highest number of votes and two or more candidates from the same district tie in the receipt of tl:e 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 (I) candidate from each district for which a Councilmember is to be elected, and the Resolution No. 2012-156 Page No. 6 candidate for Councilmember from each district receiving the highest number of votes cast shall be elected 4. Notwithstanding any other provision in this Section 300 or Section 300.5, the mandatory run-off election requirement in subparagraph 300.A.3., above, shall take effect in 2014. Notwithstanding that the mandatory run-off elections shall commence in 2014, the transition to by-district elections for Councilmembers shall not commence until 2016 as provided in Section 300.5. Until the 2016 general municipal election, Councilmembers shall continue to be elected at large. #2. Nn ri r°^- ^w..n w,. ..r.._u_ «_ w_t,t _rr.,._ ~ ^:_:^~'___ _c«w_ n: n ~ _ t ._. '_., t'_, ..,t:ava ete,.«,._.. ,.r.w,, n:... ,._ ,.r«o~:«..« .. ...........a «w,.«,.«,. B. E The term of each member of the City Council shall be for a nominal term of four yeazs and shall commence on the first Tuesday of December of the yeaz of the election, and shall continue until a qua[if:ed successor quali€es takes the oath of office. 3=he~er~rt f,.« .w„ >,,r....,.«,.t ,. ~..« ....a r,.....,,:t ..,.,.«,. _......w,.«oa ,. „ /t \ ....a «.. ,. /~\ w tt w a a ..,...: ~.,.....~ ,.., e...,«.. T.....«w ..._.:..o«.... «.. ..r «w„ C. «..« T......A......r ll.~.....«w..« ..r 1 nnn .. A w .................. .... ......~ ...... ~.. ........... o...~ w ..... ... o. ...w....' /ten F..« (`....«..:1 ,. ...we«e,l .w«..,. /']\ .....1 C .._ /A\ ..w..ll w,, a,.,._.....,t « .._........ .... »............~~ ........,... vu .... v., ~..~ .....u ..,~ h7 . c .W. «u .. o ,.c u>i~ cr~t Tu~_a.... ~r ne,,,,...w,.« ,non Notwithstanding the .,.~:~ .............~:y ., foregoing, if the official results for the election of the office of Mayor or the office of Councilmember are not certified before the first Tuesday in December, the term for the Mayor ar Councilmember(s) elected at such election shall be deemed to commence upon taking the oath of office, which shall be given at the first scheduled City Council meeting following certification of the election results. C. 1} 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 terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Councilmember or Mayor respectively until a period of one (1) yeaz 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 yeaz 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 regulaz term of Mayor and/or Councilmember for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. D. £. Each Council district seat shall be numbered one (1) through four (4) respectively. Any person running for u~ t1:e 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 Resolution No. 2012-156 Page No. 7 vacancy is to be filled by a special election as provided in Section 303 of the Charter, candidates for said vacancy shall similazly designate the appropriate numbered district seat on their nominating papers. u °'~~"° °'°°'~^" '^ "'° r:«., ~°"°°" °'"" °' «''° b r r D C /'` ..:1 °FL:^ ..1...11 A° .,«° C a4,. «.. ...L^ ^A !`.. :1 a e ~ ^~ ~ e E. 6: Any person to be elected at a general municipal election for °^« .._ . a._°..,.1. r°.._ ,.. 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 ''° -a -'^"'^- sea=` er the office of Mayor at the election. If no candidate at such general municipal election receives a majority of the votes cast, there shall be a special runoff election, to be held on the same date as the statewide election date in November immediately following the general municipal election (if no statewide election is conducted, then on the first Tuesday after the first Monday of November of each even-numbered year), between the two candidates receiving the highest and second highest number of votes in the general municipal election for said-seafeF the office of Mayor, in order to determine the winner. By way of clarification, ties among the candidates receiving the two highest number of votes at the general municipal election shall be resolved by a special run-off election. Beginning in 2014, the elections for the office of Mayor shall be held in the same manner as provided in Section 300.A., provided, however, that voters of the City at- large shall be entitled to vote in such elections. F. 1=I. Yacancies and elections [o fll vacancies for the office of Counci[member ~~--'`°:ea `'""""11 ^°^' °^° ""^-a1. -r-'= or the office of Mayor, shall be determined in accordance with Section 303.C.2. r.._ .. ,.:°l...~...:..^«:°.. ~j^ ; 1 t_ 1. 1,1 .] 1. !` ..:1 .. F.. ,.1. ..1 °7°..«:.. ^a:^^1 J 1. 1 1 r ..:.1 ...,..« .._ «1.,. ,. #:^° ^F TA^..... ;.~ .1 .] 1. Y 1, l- 11 1. .1 'C ..C «M„ ° ..1«.. °C «1... °1 °,~~ b ° J ..i° G. I. 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 Resolution No. 2012-156 Page No. 8 municipal election for °°,a,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 calendaz days of receipt of the City Clerk's offer. If accepted, the special run-off election between the remaining candidate and the candidate receiving the third highest number shall be held. If rejected, there shall be no run-off election, and the remaining candidate shall be deemed elected as of the date of such death. H. 3- Any person to be elected at a special run-off election required under the-pre~isiert e€ this Section, shall be deemed elected upon receipt of the highest number of votes for the particulaz seat-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 resolved by lot. 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 Counci[members 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 I, 2016, for use in the 2016 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 Decennia[ Census information for use commencing with the next scltedu[ed 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 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 Resolution No. 2012-156 Page No. 9 1. The City Council shall adopt such ordinances as are necessary to provide jor 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. Z. The City Council shall ensure, through the budget process, the appropriation ojfunds 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 Ciry or territory annexed to the Ciry 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 for and serve on the Commission: a. the Mayor, a Councilmember, any other elected Ciry 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 ojCalifornia law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected Ciry official; c. a person who, at anytime within the four (4) years immediately preceding the date of their application jor selection to the Commission, has served as the Mayor, a Councilmember, or an elected Ciry 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 ajthis provision, the term "lobbyist" means a person who, for compensation, has direct communication with a Ciry official, including the Mayor, a Councilmember, or any elected City official, for purposes of in,/Zuencing 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 Resolution No. 2012-156 Page No. ] 0 paid campaign worker or paid campaign or political consultant for an elected City official D. Selection of Commission Members; Filling of Vacancies I. The City Charter Review Commission shall review and verify the information contained in the applications submitted by persons interested in serving on the Commission, including applicants' eligibility to serve on the Commission under Subdivision C of this Section. From the reviewed and verified applications, the Ciry Charter Review Commission shall select ten (IO) persons to constitute the pool of eligible applicants for purposes of this Subdivision. 2. Four (4) Commission Members shall be randomly selected from the pool of eligible applicants; 3. Three (3) Commission Members shall be selected by the randomly selected 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 by law, the Commission includes: a. women and men who reflect the racial, ethnic, and geographic diversity of the Ciry; 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 abihry 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 Ciry 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 applicants. 4. In the event that not enough eligible persons apply for the 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 al[ seven (7) seats on the Commission. Such appointments sh¢U be consistent with the eligibility restrictions in Resolution No. 2012-156 Page No. 11 Subdivision C of this Section and the goals described in Paragraph 3 of this Subdivision. 5. The Members of the first Commission provided for in this Section shall 6e determined no later than May 1, 2015. 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. 6. Vacancies on the Commission, from whatever cause arising, shall if possible be fdled using the same process described in Paragraph 3 of this Subdivision, and if not possible, then by the City Council consistent with the eligibility restrictions m 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 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 far 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 jor 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 m¢d approving or disapproving any Districting Plan: I. 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 [o 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 Resolution No. 2012-156 Page No. 12 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 parry. G. Procedures for Creation ofDrajt and Recommended Districting Plans. The Commission and Ciry shall abide by the following procedure in any districting process: 1. The Commission and Ciry 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 ojthe City. 2. The Commission shall approve a Drafl Districting Plan based on application of the districting criteria specified in Subdivision F of this Section and consideration ojall public comments submitted to it Approval oja 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 [east thirty (30) days before the Commission may take any action to approve a Recommended Districting Plan. Tl:e Commission shall hold at least two (2) public meetings between the release of a Draft Districting Plan and approval oja Recommended Districting Plan; provided, however, that the first such public meeting shall not be held sooner than seven (7) days following the release of a Draft Districting Plan. 4. The Commission shall thereafter approve a Recommended Districting Plan for consideration by the City Council Approval of a Recommended Districting Plan shall require the affirmative vote of at least ftve (5) Commission Members. 5. For each Recommended Districting Plan prepared by the Commission and submitted to the City Council, the Commission shall prepare a report that describes the process, criteria, and evidence used by the Commission to prepare the Recommended Districting Plan. Such a report shall accompany any Recommended Districting Plan submitted by the Commission to the City Council Resolution No. 2012-156 Page No. 13 H. City Council Consideration of Recommended Districting Plan; Approval of Final Districting Plan. 1. The City Council shall hold at least one (I) public hearing on the Recommended Districting Plan of the Commission before the City Council takes any action to approve ar 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 Ciry 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 the Recommended Districting Plan in response to those reasons. After such consideration, the Commission shall submit its Final Districting Plan to the Ciry Council for immediate implementation by the Ciry. Approval of such Final Districting Plan shall require the affirmative vote offive (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 Ciry shall continue to elect Counci[members at-Large until an election on the referendum is held If a referendum qualifies against any Final Districting Plan approved by a subsequent Commission, the City shall continue to elect Councihnembers by district elections as provided in Section 300 using existing Council districts 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. Ijthe 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 ajthis Section. Resolution No. 2012-156 Page No. 14 2. If a court of competent jurisdicfion invalidates a Final Districting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Districting Plan for consider¢tion 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 qual fed 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 at-large elections to the by-district 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 by-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 previously- designated Council seat one (I) will be designated the incumbent Councilmember for new Council district one (1) whether or not that Councilmember resides in Council district ane (1). Each of the Councflmembers 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 by-district elections described m Section 300 of this Charter beginning with the general municipal election m 2018. Council districts three (3) and four (4) shall transition to the by- district elections described in Section 300 beginning with the general municipal election in 2016. Notwithstanding the designation of incumbent Councilmembers jor 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 newly Resolution No. 2012-156 Page No. 15 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 by-district election for that Council district unless (1) he or she is a resident ojthal Council district at the time nomination papers are filed and (2) more than one (I) year has elapsed since the termination of the second consecutive term in the office of City Councilmember jor which he or she w¢s previously elected or appointed Resolution No. 2012-156 Page No. 16 Section 303. Vacancies C. Unanticipated Vacancies. 2. If a vacancy declazed by the Council occurs with more than one (1) year remaining in the term from the date of said declazation, the Council shall call a special election to be held on the next established election date, as specified in the Elections Code of the State of California, or within 120 days from the declazation of vacancy, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days of the declazation of the vacancy. If there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code. a. T° a•a >, ..: «:a., ,.r . ....... ......« s « „tt ,. .,.7;a..a,...:.. a1.., ,. :,,1 .v. J~ J 1 -A'A 1, «p.. ,.C . ,.a,... ......a ..h..11 l.e Am ~A a.. 4„ , a . In the special election, the voters in the district for which a vacancy shall be filled shall be entitled to vote for one (I) candidate from the district; the two (2) candidates for Councilmember in the district receiving the highest and second highest number of votes cast by the voters of the district shall be the candidates in a special run- ojj election, as provided in subparagraph b., below. Ties among candidates shall be resolved in tl:e manner provided in Section 300.A.3. b. If no candidate receives a majority of votes cast in the special election, to fill a vacancy, a special run-off election shall be held in the district in which the vacancy exists, on the next established election date, as specified in the Elections 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 election 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 in the same manner as provided in subparagraphs a., and b., above, except that the voters of the City at-large shall be entitled to vote. Resolution No. 2012-156 Page No. 17 Section 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 ~--•''°- ,.r+,,,. r:,, r,.,..,,.:~ the Mayor, except as otherwise provided in this section. The annual salary of the elected City Attorney shall be equivalent to the salary of a Judge of the Superior Court of the State of California. The City Attorney shall also receive reimbursement on the order of the Council for Council-authorized travel and other expenses when on official duty out of the City. The City Council may also provide, by resolution, for the payment of an allowance of a sum certain per month, as reimbursement for the additional demands and expenses made upon and incurred by the City Attorney. The City Attorney's salary may not be reduced during the City Attorney's term of office, except as part of a general reduction of salaries of all City officers and employees in the same amount or proportion. In addition, the City Attorney shall be entitled to such benefits as are granted to other management employees of the City, as established by the City Council from time to time. 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 Secrion 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.