ORDINANCE NO. 18 -06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN

AMENDING CHAPTER 2.55 OF TITLE 2 OF THE KERMAN MUNICIPAL

CODE TO ESTABLISH THAT ELECTION OF MEMBERS OF THE CITY

COUNCIL SHALL BE BY- DISTRICT AND CODIFYING THAT THE MAYOR

SHALL BE ELECTED CITYWIDE BY CITY VOTERS PURSUANT TO CITY

ELECTION HELD APRIL 14, 1992.

THE CITY COUNCIL OF THE CITY OF KERMAN DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 2. 55 of Title 2 of the Kerman Municipal Code is hereby amended by adding Section2. 55.060 to read as follows:

2. 55.060 Election of Mayor and Council Members.

A. Findings.

1. The City of Kerman ( "City ") currently elects the members of the City Council using an at- large system of elections; and

2. Pursuant to Government Code section 34886, the City Council has the authority to adopt anordinance changing the system of elections in the City from an at -large elections system to a by- districtelections system; and

3. The City Council of the City now desires to adopt an ordinance changing the system ofelections in the City from an at -large system of elections to a by- district elections system; and

4. The change in method for electing members of the City Council is made in furtherance ofthe purposes of the California Voting Rights Act of 2001 ( Elections Code section 14025, et seq.); and

5. Pursuant to the requirements of Elections Code section 10010, the City Council held publichearings on January 10, 2018, and January 17, 2018, in order to receive testimony regarding the potentialcomposition of City Council districts; and

6. Pursuant to the requirements of Elections Code section 10010, the City Council held publichearings regarding proposed draft maps and election scenarios on February 7, 15, and 21, 2018, receivedcomments from members of the public and deliberated on the maps and sequencing of elections; and

7. The City Council selected one of the proposed district maps to establish the City Councilelectoral districts in the City, which is attached hereto as Exhibit `A' and incorporated herein by reference; and

8. The City Council now desires to adopt this Ordinance to establish by- district elections in foursingle- member districts in the City, and to adopt the map describing the boundaries and identifying numberof the four City Council districts in the City.

B. Declaration of Purpose.

The City Council hereby declares the purpose of this Chapter is to further the purposes of the California VotingRights Act of 2001 ( Elections Code section 14025, et seq.), as amended.

C. At -Large Election of Mayor.

1. As authorized by the City voters on April 14, 1992, the position of Mayor is elected at largeby a vote of all electors residing within the City and the term of the Mayor shall be for a period of two years.

2. Pursuant to Government Code section 34882, the Mayor elected to represent the City mustreside in the City and be a registered voter in the City, and any candidate for Mayor must reside in, and be aregistered voter in, the City in which he or she seeks election at the time nomination papers are issued, pursuant to Elections Code section 10227.

D. By- District Elections for City Council.

1. Pursuant to Government Code section 34886, members of the City Council shall be electedby- district in four single- member districts. Members of the City Council shall be elected by- district, as thatterm is defined in Government Code section 34871( a), as amended, meaning one member of the City Councilshall be elected from each district by the voters of that district alone. Each member of the City Council shallserve a four -year term until his or her successor is qualified.

2. Pursuant to Government Code section 34882, the City Council Member elected to representa district must reside in that district and be a registered voter in that district, and any candidate for City Councilmust reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination

papers are issued, pursuant to Elections Code section 10227.

E. City Council Districts Established.

1. The boundaries and identifying number of each of the four City Council districts shall be asdescribed on the City Council District Map attached hereto as Exhibit A', and incorporated by this reference.

2. The City Council districts described in subsection A, above, shall continue in effect until theyare amended or repealed in accordance with law. The boundaries of the City Council districts shall bereapportioned from time to time as required by the Elections Code, federal and state voting rights laws, orany other applicable law.

F. Implementation of By- District Elections.

1. The by- district system of elections shall be implemented, beginning at the general municipalelection held in November 2018, as follows:

a. Members of the City Council shall be elected in Districts 1 and 3 beginning at thegeneral municipal election in November 2018, and every four years thereafter; and

b. Members of the City Council shall be elected in Districts 2 and 4 beginning at thegeneral municipal election in November 2020, and every four years thereafter.

2. The term of any member of the City Council that commenced prior to the effective date ofSection 2.55.060 shall not be affected by the adoption of Section 2.55. 060.

SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for anyreason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such

decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, orportions of this ordinance.

The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 3. Effective Date. This ordinance shall become effective thirty days after its adoption.

SECTION 4. Publication. The City Clerk is authorized to cause this ordinance or a summary of thisordinance to be published in a newspaper of general circulation in the City of Kerman, within fifteen days afterits adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the fulltext of the proposed ordinance to be posted at City Hall at least five days prior to the meeting at which theordinance is adopted and again after the meeting at which it is adopted.

Signatures on Following Page]

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Kerman on the21 st day of February, 2018, and was passed and adopted at a regular meeting of the City Council of the Cityof Kerman on March 7, 20183 by the following vote:

AYES: Dhaliwal, Sandoval, Arvance, Armstrong

NOES: None

ABSENT: Yep

ABSTAIN: None

The foregoing ordinance is hereby approved:

Attest:

I'i _ Marci Reyes

City Clerk

I ( fl

Ou

mm ,; j

m<

U) m

z

m

aNINTH

r

d,Ave

Exhibit 'A'

SUSAN I G

IIP KENNETH m

j S bflCHELLE_ t ^

nf- SUSAN d a ! MICHELLE

MICHELLE { oSEr 1

S " iY

J

S1 OSUU IAVLUM

Z WALNUT a I

AL1,10jVALNUT

PARKr

Park Ave - - - -- n

THOMASI

z I Z aBOYD El (

IB

TreivUel Norte-Ave

I 3 0

m yO

FIRST

SECOND " r

THIRD z KCT— cy ..

TH FOURTHRTH... C.-. rt

Itcn rt Z

Madera Ave= y - -- rt

KLINE

SEVENTH Vi'- SEVENTH,

EIGHTH -- - - -' EIG T -

NINTH

NBVTI -I NTMI3 NERI,prN

TENTH Z p Z I nn Z

AID

7N ELFTH

it "

Z a

eland AveOLIm pic

IwxlO

SHERI r) y r

KAREN Tn ( - o j

S ;XTEENTH_

im EI7TEENTH n -

rn

Goldenrod' -Ave'

n0

n

to

U4 OQ CtQ UQ I—` O

n

crqN N N NO O O O

O 00 O 00 ( gypcn

n

y

O

r

nOx

rri

y

L

OyH

I J

n

N