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6280ORDINANCE NO. 6250 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1 OF THE ANAHEIM MUNICIPAL CODE TO ADD CHAPTER 1.25 (RESIDENCY DISTRICTS FOR CITY COUNCIL MEMBERS), SECTIONS 1.25.010 THROUGH 1.25.050, INCLUSIVE, TO ESTABLISH RESIDENCY DISTRICTS AND REQUIRE CITY COUNCIL MEMBERS BE FROM RESIDENCY DISTRICTS AND ELECTED AT LARGE. WHEREAS, the City of Anaheim is a charter city and, pursuant to Section 5(a) of Article XI of the California Constitution, the City has the power to make and enforce all ordinances and regulations with respect to municipal affairs, subject only to restrictions and limitations provided in the City Charter or the state Constitution; and WHEREAS, Charter Section 400 gives the City the power to make and enforce all laws and regulations in respect to municipal affairs subject only to restrictions in the Charter and the state Constitution. As stated in Section 5(b) of Article XI of the California Constitution, municipal affairs include, without limitation, the "plenary authority [over] ... the manner in which ... [and] the method by which ... the several municipal officers ... shall be elected or appointed"; and WHEREAS, Charter Section 505 vests all powers of the City in the City Council, except as otherwise provided in the Charter; and WHEREAS, on June 11, 2013, the City held a public hearing to discuss and consider potential changes to the City's electoral system and method by which municipal officers are elected based on, among other things, the Final report prepared by the Citizens Advisory Committee on Elections and Community Involvement ("CAC"), the record of proceedings before the CAC, testimony from the public both orally in writing (including testimony from several members of the CAC), testimony of staff and city consultants, information contained in the staff report, and other matters contained in the record of the hearing; and WHEREAS, one item discussed during the June 11, 2013 hearing and discussed by the CAC during its deliberations was the creation of residency districts (sometimes called "from districts") for City Council members. Residency districts (or "from districts") mean that candidates for member of the City Council and City Council members must be residents of the district from which they are elected by the voters of the entire City at -large; and WHEREAS, the City Council heard testimony at the June 11, 2013 public hearing that establishing residency districts would afford geographic diversity in the membership of the City Council by requiring nomination of and residency of candidates and City Council members from geographic districts; and WHEREAS, the City Council met on July 2, 2013 to consider this Ordinance and took public comment on the matters contained in this Ordinance; and WHEREAS, the City Council now desires to enact this Ordinance for the purpose of establishing residency districts for future municipal elections and finds that establishing residency districts affords geographic diversity in the membership of the City Council. This Ordinance is an exercise of the City's constitutional and plenary authority over the municipal affairs of the City relating to the method of elections. The City Council expressly finds and determines this Ordinance is not inconsistent with any express limitation or restriction in the City Charter. FOLLOWS: THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS SECTION 1. ESTABLISHMENT OF RESIDENCY DISTRICTS FOR CITY COUNCIL MEMBERS That Title 1 of the Anaheim Municipal Code be amended to add Chapter 1.25, to read as follows: "1.25 RESIDENCY DISTRICTS FOR CITY COUNCIL MEMBERS .010 City Council Residency Districts. .0101 The City shall be divided into residency districts equal in number to the number of City Council members, exclusive of the Mayor (each such district a "District" and, collectively, "Districts"). The City Council shall, by ordinance or resolution adopted on or before March 1, 2014, establish the names and respective boundaries of the Districts, and a transition plan, so that the newly -created Districts can be used for the election of City Council members commencing with the November 2014 general municipal election. Said Districts shall be in compliance with applicable laws and such other permissible criteria as the City Council may specify by ordinance or resolution. .0102 Following each decennial federal census, and at other such times the City Council by at least a two-thirds vote determines that a sufficient change in population has occurred, the City Council shall, by ordinance or resolution, adjust the boundaries of any or all of the Districts of the City so that the Districts shall be as nearly equal in population as may be possible. .0103 Any territory annexed to or consolidated with the City shall, prior to or concurrently with completion of the proceedings therefor, be added to an adjacent District or Districts by the City Council by ordinance or resolution, which addition shall be effective upon completion of the annexation or consolidation proceedings notwithstanding any other provision in this Municipal Code to the contrary. .020 City Council Member Eligibility. .0201 Every member of the City Council and candidate for member of the City Council shall be a resident and qualified elector of the District from which he or she is nominated or (in the case of a vacancy) appointed at the time of, and for the thirty -day period immediately preceding, filing of his or her nominating papers or such other equivalent declaration of candidacy as may be required or authorized by law, or at the time of, and for the thirty -day period immediately preceding, his or her appointment to such office (in the case of a vacancy). .0202 Every member of the City Council shall be and remain a resident and qualified elector in the District from which he or she seeks office throughout the full term of his or her office, if elected or appointed in lieu of election. .030 Residency Requirements to Serve as City Council Member; One Council Member per District. Commencing with the general municipal election of November 2014, the City Council members shall be residents of their respective Districts and shall be nominated from and by the electors of their respective Districts, as established pursuant to Section 1.25.010. One member of the City Council shall be elected from each such District by the voters of the entire City at large. Nothing in this Chapter 1.25 requires members of the City Council to be elected only by the voters of the respective District. 040 Vacancies. An appointee to the office of member of the City Council resulting from a vacancy arising in such office must have the qualifications set forth in Section 1.25.020; provided, however, that the vacancy of a member of the City Council in office at the time of this Charter 1.25 takes effect may be filled without regard to District residency. If any City Council member ceases to be a resident and elector of his or her District, then his or her office shall become vacant. .050 Effect on Existing Council Members Terms; Transition Period. The members of the City Council in office at the time this Chapter 1.25 first takes effect shall continue in office until the expiration of their respective terms for which they were elected and until their successors are elected and qualified, notwithstanding any other provision in this Chapter 1.25. No creation of a District or change in the boundary or location of any District shall abolish or terminate the term of office of any City Council member prior to the expiration of the term of office for which the member was elected, notwithstanding any other provision of this Chapter 1.25. SECTION 2. COMPLIANCE WITH CEQA This City Council finds that this ordinance, which creates residency or "from" districts for City Council members, relates exclusively to the organizational or administrative activities of the City and will not result in direct or indirect changes in the environment. Therefore the City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. Further, and additionally, the City Council finds this ordinance to be categorically exempt pursuant to Section 15320 of the CEQA Guidelines (Class 20, changes in organization of local government agencies) because the changes do not change the geographical area in which the previously existing powers of the City are exercised. SECTION 3. CERTIFICATION; EFFECTIVE DATE OF ORDINANCE The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 2nd day of July , 2013, and thereafter passed and adopted at a regular meeting of said City Council held on the -2-3- day of July , 2013, by the following roll call vote: AYE: Council Members Eastman, Murray and Kring NOES: Mayor Tait, Council Member Brandman ABSENT: None ABSTAIN: None ATTEST: CITY OF ANAHEIM t � /By: MAYOR OF THE CITY OF ANAHEIM ATTEST: By: i2 CITY CLERK OF THE CITY O ANAHEIM CAO -95914.3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM CLERK'S CERTIFICATE ss. I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6280 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 2"d day of July, 2013, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23rd day of July, 2013, by the following vote of the members thereof: AYES: Council Members Eastman, Murray, and Kring NOES: Mayor Tait, Council Member Brandman ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of July, 2013. �r�r.►�r�trr.. ... (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6280 and was published in the Anaheim Bulletin on the 1 st day of August, 2013. CITY CLERK OF THE CITY O ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: August 1, 2013 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: August 1, 2013 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6280 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 1 OF THE ANAHEIM' MUNICIPAL COD._. E TO ADD CHAPTER 19-1; n,c.�e,r.._ _CIMMUn�—_ _- urns �i 1 T. ,UW vt?L MEMBERS BE FROM RESIDEN- CY DISTRICTS AND, ELECTED AT LARGE. This ordinance adds Chdpter 1.25 ;and nsw sections 125.010 through 1.25.050 to Title 1 of the Anaheim Municipal Code to estaglish residency districts for members of the,City Cnun. ordinance states thaYfhe number of districts is equal to the numberr of Co ncilmem ers spe ad in the City Chatter. This ordinance requires that residency districts be used for elections commencing In November 2014. This ordinance regguirns that the City Council by resolution or ordinance adopt residency districts by no later than March h City Thin it b trance stat as that the establishment of districts, or changes in boundaries of such districts, would not abolish or terminate the term of any existing,Council member. I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6280 which ordinance was introduced at a'regular meeting of the City Council of the City of Anaheim on the 2nd d%of July, 2013 and was duly passed and adopted at a regular meeting of said Council on th lowing roll call vote of the members thereof e 23rd day of July 2013 by the foi- AYES:. Council Members Eastman, Murray & Kring NOES: ;Mayor Tait, Council Member Brandman ABSENT., None ABSTAIN: None The above summary is a brief description Of the subject matter contained in the text of Or- dinance No 6280; which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordi- nance and should not be rolled on as a substitute for the full text of the ordinance. To obtain a copy'of the full text of the ordinance, please contact the Office of the City Clark, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday th harpe'forthe coprough FriEday. There is no yy LbksFi: Anaheim B Iletin A .,gust t' 2013 9ses7as - m