Chapter 2.07
CITY COUNCIL—ELECTIONS
Sections:
2.07.020 Election for council members.
2.07.030 Creation of districts.
2.07.050 Eligibility for office—District seats.
2.07.010 Definitions.
A. Unless the particular provision or context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it or from which it is a derivative, as the case may be.
B. “City manager” means the city manager of the city of Dinuba or his designated representative.
C. “Council district report” means a written document prepared by the city manager which provides the council with information, an analysis of such information, and a recommendation for the redetermination or modification of the boundaries of council districts. Such document shall include:
1. The council districts as presently determined, redetermined or modified;
2. Suggested boundaries for those districts to be redetermined or modified and the reasons such boundaries were selected;
3. Such supporting information as the city manager deems relevant and material, which information may include maps, diagrams, tables, statistics and public comment.
D. “Determination” means the establishment of the boundaries of council districts and the numbering of such districts by resolution.
E. “Modification” means any change by ordinance of the boundaries of council districts previously established by determination, redetermination or modification.
F. “Redetermination” means a required review of council district boundaries upon publication of each decennial federal census, together with any action the council may adopt to change the boundaries of council districts as a result of such required review. (Ord. 94-2 § 2 (part), 1994)
2.07.020 Election for council members.
Five seats shall be elected by districts as determined by resolution of the city council or as otherwise determined in accordance with applicable state and/or federal statutes. (Ord. 94-2 § 2 (part), 1994)
2.07.030 Creation of districts.
There are five single-member districts, their boundaries and number determined by resolution of the city council in accordance with applicable state and federal statutes, and as subsequently redetermined or modified. (Ord. 94-2 § 2 (part), 1994)
2.07.040 Time of election.
The voters residing in districts 2, 3 and 4 will elect council members in the November, 1994 municipal elections and every four years thereafter. The voters residing in districts 1 and 5 will elect council members in the November, 1996, municipal elections and every four years thereafter. (Ord. 94-2 § 2 (part), 1994)
2.07.050 Eligibility for office—District seats.
A person is not eligible to hold office as a council member from a designated district unless he/she is otherwise qualified, resides in the district and both resided in the geographical area making up the district from which he/she is elected and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 22842 of the State of California Elections Code. (Ord. 94-2 § 2 (part), 1994)
2.07.060 Initiation.
Proceedings for the redetermination or modification of any council district may be held pursuant to the provisions of Section 2.07.070 or by council action. Redetermination proceedings shall be automatically initiated upon the publication of each decennial federal census thereafter, but no later than sixty days after said publication, and modification proceedings may be initiated at any other time by the filing of a petition pursuant to the provisions of Section 2.07.070 or by the adoption of a resolution of initiation by the council. (Ord. 94-2 § 2 (part), 1994)
2.07.070 Petition.
Proceedings for the modification of any council district may be initiated by the filing of a petition with the city clerk in compliance with the provisions of this section.
A. Contents. A petition shall consist of the following parts:
1. The names and business or residence addresses of at least one but not more than five proponents of the petition;
2. A statement and/or map identifying the council districts to be modified, describing the proposed modification, and containing reason for such modification.
B. Qualified Signatures. No signature shall be qualified unless personally affixed by the signer who additionally shall affix the date of such signature and his or her:
1. Printed name;
2. Residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained;
3. The number of the council district in which such residence address is located.
C. Number of Qualified Signatures. The number of qualified signatures required to initiate proceedings for the modification of any council district shall be equal in number to not less than fifteen percent of the registered voters residing in a council district to be affected by the proposed modification, or ten percent of the registered voters of the city, according to the county clerk’s last official report of registration to the Secretary of State; provided, that only signatures which were affixed within the last ninety days immediately before the petition is filed with the city clerk shall be counted.
D. Ascertainment of Requisite Signatures. Within thirty days from the filing of a petition, the city clerk shall ascertain whether or not the petition was signed in a timely manner by the requisite number of qualified signatures. The city clerk shall file with the petition a certificate showing the results of the examination. The city clerk shall give the proponents a copy of the certificate upon their request.
E. Insufficient Petition. If the petition contains an insufficient number of signatures on its face, it shall be filed and no further proceedings had thereon. If the petition contains the requisite number of signatures but an insufficient number are qualified, the petition may be supplemented within ten days of the date of the certificate by filing supplementary petitions identical to the petition originally filed, except as to signatures and matters required to be affixed by the signers.
F. Supplementary Petitions. Within ten days after the supplementary petitions are filed, the city clerk shall make a certificate showing whether or not the petition as supplemented is sufficient.
G. Insufficient Supplemented Petition. If the certificate shows that the petition as supplemented is insufficient, no action shall be taken thereon and the petition shall remain on file.
H. Sufficient Petition. If the certificate shows that the petition, together with any supplementary petition, is sufficient, it shall be submitted to the council at its next regular meeting. The certificate shall contain:
1. An identification of the council districts to be modified;
2. A description of such modification;
3. Reasons for such modification;
4. The number of signatures required by this chapter;
5. The total number of signatures on the petition;
6. The number of qualified signatures on the petition;
7. The number of disqualified signatures on the petition. (Ord. 94-2 § 2 (part), 1994)
2.07.080 Proceedings.
A. Notice. The city clerk shall give notice of the initiation of district redetermination, or modification proceedings as follows:
1. Redetermination. In the event of proceedings for redetermination of council districts, within ten days after being informed by the city manager of the publication of the decennial federal census.
2. Modification. In the event of proceedings for modification of council districts:
a. By petition, within ten days after a certificate of a sufficient petition is submitted to the council;
b. By council resolution, within ten days after adoption of a resolution of initiation by the council;
B. Contents of Notice. The notice of proceedings shall contain the following information:
1. The manner by which such proceedings were initiated;
2. A statement that a council district report is being prepared by the city manager;
3. A statement that public comment may be submitted in writing to the city manager within thirty days after publication of the notice.
C. Manner of Notice. The city clerk shall give notice of the proceedings by:
1. Publication at least once in a newspaper of general circulation in the city;
2. Mailing copies of the notice to any individual, group or organization which has previously requested such notice.
D. Council District Report. The city manager shall prepare, complete, and file a proposed council district report with the city clerk no later than sixty days after publication of the notice of proceedings.
E. Notice of Hearing. The city clerk shall give notice of the public hearing on the council district report by publication at least once in a newspaper of general circulation in the city no later than ten days after the filing of such report. The city clerk shall also give notice by mailing copies of the notice to any individual, group or organization which has previously requested such notice. The notice shall contain the following information:
1. A statement that proceedings for redetermination, or modification of a council district, whichever is the event, are being held.
2. Identification of the council districts proposed to be redetermined or modified.
3. The date, time and place of the hearing at which the council district report will be presented and at which public comment may be given.
4. A statement that the council district report is available for public review in the office of the city clerk.
F. Conduct of Council Hearing. The council shall hold a public hearing and take testimony from the public concerning the council district report. Within thirty days following the close of the hearing the council shall, by ordinance or resolution, adopt the boundaries set forth in the council district report, or such other boundaries as it deems appropriate considering the criteria set forth in Section 2.07.090 and the public comment received in accordance with this section.
G. Failure to give any notice specified in this section shall not invalidate any boundaries fixed in accordance herewith. (Ord. 94-2 § 2 (part), 1994)
2.07.090 Criteria.
Council districts are created for the purpose of ensuring more representative government in this city. In order to implement this guiding principle, the following criteria shall be utilized in fixing council district boundaries:
A. Common Characteristics. Any identifiable geographical concentration of persons sharing common social-economic characteristics such as race, religion, ethnic background, color, age or income level shall be, insofar as reasonably possible, located within the same council district.
B. Population. Population disparity among council districts shall not exceed ten percent. Population shall be based on the most current of the following:
1. Population census of the United States Bureau of the Census;
2. State of California Department of Finance City and County Population Estimates;
3. Statistics compiled by the city based on subsections (B)(1) or (B)(2) of this section.
C. Boundary Lines. Unless good cause required otherwise, council districts’ boundaries shall be:
1. Census tract lines of the United States Bureau of the Census;
2. Streets (excluding alleys), highways or freeways;
3. Railroad rights-of-way;
4. Waterways; or
5. Natural barriers.
D. Contiguous and Compact.
1. Territory shall be so located in council districts as to promote contiguity and compactness of such districts.
2. Territory of a council district shall be contiguous except as to any territory which is wholly noncontiguous to any council district upon annexation.
3. Council district shall be compact except for any irregularity of the city boundaries. (Ord. 94-2 § 2 (part), 1994)