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Home My WebLink About17-04 CC Ordinance ORDINANCE NO. 17-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.08 OF THE TEMECULA MUNICIPAL CODE PROVIDING FOR THE ELECTION OF FIVE MEMBERS OF THE CITY COUNCIL BY-DISTRICTS, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, AND ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. This Ordinance is adopted with respect to the following purposes: (a) Pursuant to California Government Code Section 34886 and Elections Code Section 10010, the City Council votes to approve the change to a district- based election system for the members of the City Council whereby all five members of the City Council shall be elected by the voters of five City Council districts rather than at- large. (b) Pursuant to California Government Code Section 34886, it is ' declared the change in the method of electing members of the City Council of the City of Temecula made by this ordinance is in furtherance of the purposes of the California Voting Rights Act of 2001. Section 2. Sections 2.08.010 and 2.08.020 of the Temecula Municipal Code are hereby amended to read as follows and Sections, 2.08.015, 2.08.025 and Section 2.08.028 are hereby added to Chapter 2.08, Elections, of the Temecula Municipal Code to read as follows: 2.08.010. Council Election Dates. General municipal elections of the city shall be held on the first Tuesday after the first Monday of November in each even- numbered year. References in this Chapter to state statutes shall include any amendments thereto and any successor statutes. 2.08.015 City Council Districts Established. Five City Council districts are hereby established in the City of Temecula. The boundaries and identifying number of each district shall be as described on the official "Council District Map" on file in the Office of the City Clerk. 2.08.020 Election of Members of the City Council by District. A. Commencing with the November 2018 general municipal election, Members of the City Council shall be elected "by District' as defined in California Government Code Section 34871. A person shall not be eligible to be elected to be a Member of the City Council unless he or she is otherwise qualified as required Ords 17-04 1 by law, resides in the geographical area making up the district from which he or ' she is nominated to be elected and is a registered voter of the City of Temecula at the time nomination papers are issued to the candidate as provided in Section 10227 of the California Elections Code. No term of any Member of the City Council that commenced on or prior to the effective date of this Chapter shall be affected prior to its expiration date. B. Registered voters signing nomination papers or voting for a Member of the City Council shall be residents of the geographical area making up the district from which the Member is to be elected. C. The terms of the office of each Member elected to the City Council shall be four (4) years. 2.08.025 Commencement of District Elections. Commencing with the general municipal election in November of 2018 and thereafter, the voters in Council Districts 1, 3, and 5 shall elect Members of the City Council by district for full four (4) year terms. At the general municipal election in 2020 and thereafter, the voters in Council Districts 2 and 4 shall elect Members of the City Council by district for full four (4) year terms. 2.08.028 Adjustment of Council District Boundaries. A. Pursuant to Elections Code Section 21601 the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census. Using the census as a basis, the City Council shall adjust the boundaries so that the districts shall be as nearly equal in population as practicable and in compliance with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance adopted by the City Council before the first day of November of the year following the year in which each decennial federal census is taken commencing with the 2020 federal census. The City Council shall hold a public hearing on the proposed district boundaries as required by Elections Code Section 21607 prior to the introduction of an ordinance adjusting the district boundaries. B. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Elections Code Section 21603. C. Pursuant to Elections Code Section 21606 the term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected. Ords 17-04 2 D. At the first election for council following adjustment of the boundaries ' of the districts, a person meeting the requirements of Government Code Section 34882 shall be elected to the City Council for each district under the readjusted district plan that has the same district number as a district whose incumbent's term on the council is due to expire. Section 3. The Official Council District Map referenced in Section 2.08.015 is hereby approved and is attached hereto as Exhibit "A" and incorporated herein by this reference. The Official Council District Map shall be kept on file in the Office of the City Clerk. Section 4. Section 2.04.010 of the Temecula Municipal Code is hereby repealed as it is a duplicate of Section 2.08.010. Section 5. This Ordinance shall take effect upon its adoption pursuant to Government Code Section 36937(a) as it is an Ordinance relating to an election for the City. Section 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or Chapter 2.08 is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion ' of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of July, 2017. a M ryann Edwards, Mayor ATTEST: Randi Jo , City Clerk [SEAL] Ords 17-04 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 17-04 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11th day of July, 2017, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of July, 2017, by the following vote: AYES: 3 COUNCIL MEMBERS: Comerchero, Naggar, Edwards NOES: 2 COUNCIL MEMBERS: Rahn, Stewart ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Ords 17-04 4 Temecula 2017 Districting Council District Map 79 oripaugh Ranch v , r Ni ch re t , • Me o L i i 4 Up[ Te e o o Signp Ca[fionua lm ,� 6 aancno a/Alta d Yom— _ Census Block tai j Los 79 a Water Area RR .c itos/A ao Streets E d•r.' - Indian Reservation Sa ;•� h/ - Landmark Point k , Landmark Area •= cuh -... Pipeline/Power Line HOAs - . emtcuiN 1 '-$cdr Hc,nhside 'N-a od reek Inn= • v' �: NX 16 Election Years / Para los ahos de elecci6n 2018: 1, 3 and 5 2020: 2 and 4 -- National Demoeraphics Corporation,June 12,2017