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6294ORDINANCE NO. 6294 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING AND RESTATING CHAPTER 1.25 OF THE ANAHEIM MUNICIPAL CODE TO ALTER THE TIMELINE FOR THE ESTABLISHMENT AND IMPLEMENTATION OF RESIDENCY DISTRICTS AND REQUIREMENT THAT CITY COUNCIL MEMBERS BE FROM RESIDENCY DISTRICTS AND ELECTED AT LARGE. WHEREAS, on July 2, 2013, the City Council of the City of Anaheim adopted Ordinance No. 6280 which added Chapter 1.25 to the Anaheim Municipal Code, sections 1.25.010 through 1.25.050, inclusive, to establish residency districts and require that City Council members be from residency districts and elected at large; and WHEREAS, on January 7, 2014, the City Council approved a settlement agreement in an action brought against the City under the California Voting Rights Act, entitled Moreno, et al., v. City of Anaheim, Orange County Superior Court Case No. 30-2012-00579998-CU-CR-CXC; and WHEREAS, the settlement agreement provides, among other things, for the City Council to consider altering the timeline for implementation of the provisions of Ordinance No. 6280; and WHEREAS, by this ordinance, the City Council desires to amend and restate Municipal Code Chapter 1.25 (adopted initially by Ordinance No. 6280). The City Council expressly finds and determines this ordinance is not inconsistent with any express limitation or restriction in the City Charter. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION L AMENDMENT TO MUNICIPAL CODE CH. 1.25 That Anaheim Municipal Code Chapter 1.25 (as adopted in Section 1 of Ordinance No. 6280) be, and the same is hereby amended and restated, to read as follows: 1.25 RESIDENCY DISTRICTS FOR CITY COUNCIL MEMBERS .010 City Council Residency Districts. .0101 For the purpose of conducting the November 2016 general municipal election and thereafter, 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 after the certification of the results of the November 4, 2014 general municipal election, establish the names and respective 005568.00011 CAO -99758v2 11844183.1 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 2016 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 2016, 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 their respective District. 005568.00011 CAO -99758v2 11944183.1 .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 a vacancy in the office of a member of the City Council who was not elected from a District 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 the Term of Council Members in Office Prior to the November 2016 Election; Transition Period. The members of the City Council in office prior to the November 2016 general municipal election shall continue in office until the expiration of the 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. 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 3. 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. 005568.00011 CAO -99758v2 11844183.1 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 4th day of February , 2014, and thereafter passed and adopted at a regular meeting of said City Council held on the 18th day of February , 2014, by the following roll call vote: AYE: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF TfIE CITY OF ANAHEIM ATTEST: By: — P, �a QAaz) CITY CLERK OF THE CITY OF ANAHEIM 005568.00011 CAO -99758v2 11844183.1 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. 6294 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of February, 2014, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 18th day of February, 2014, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of February, 2014. (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. 6294 and was published in the Anaheim Bulletin on the 27th day of February, 2014. Qnu - CITY CLERK OF THE CITY 6F 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: February 27, 2014 "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: February 27, 2014 f 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. 6294 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING AND RESTANG CAPTER 1.25 OF THE ANAHEIM. CODE TO ALTER THE TIMELINE FOR THE ESTABLISHMENT AND IMPLEMENTATION OF RESIDENCY DISTRICTg AND RE- OUIREMENT THAT CITY COUNCIL MEMBERS BE FROM RESI- DENCY DISTRICTS AND ELECTED AT LARGE. This ordinance amends Chapter 1.25 of Title 1 of the Anaheim Municipal Code to establish residency districts for members of the City Council for the purpose of conducting the No- vember 2016 election and thereafter. This ordinance requires that candidates and City Council members be residents of the, district in which they reside and be -voted on by the voters of the entire City at -large. This ordinance specifies that only one Council member can be elected from each district. This ordinance states that the number of districts is equal to the number of Council members specified in the City Charter. This ordinance re- gveres the C'�ty Council, after the results of the November 4, 2014 general municipal elec- tion are certified, to establish the names and boundaries of the districts and a transition plan so that the newlycreated districts can be used for the election of City Counoil mem- bers commencing with the November 2016 general municipal election. This ordinance states 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 Ch summary of Ordinance No. 6294, w y of Anaheim, do hereby certify that the foregoing is a ich ordinance was introduced at a regular meeting of the City Council of the City of Anaheim held on the 4th day of February, 2014, and there- after passed and adopted at a regular meeting of said City Council held on the 18th day of February, 2014, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subject matter contained in the text of Or- dinance No 6294, 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 relied 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 Clerk, (714)765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy Publish: Anaheim Bulletin February 27, 2014 9841140