Chapter 2.51
DISTRICTING COMMISSION

Sections:

2.51.010    Creation.

2.51.020    Purpose and intent.

2.51.030    Governing law in event of conflict.

2.51.040    Functions and duties.

2.51.050    Membership.

2.51.060    Appointment and removal of commission members.

2.51.070    Terms.

2.51.080    Meetings.

2.51.090    Budget.

2.51.100    Implementing procedures.

2.51.010 Creation.

The Districting Commission was created by City Charter Section 300.5. The provisions of Sections 300.5, 602(c) and 604 of the City Charter, and the general rules governing boards and commissions set forth in Chapter 2.25 CVMC, shall govern the Districting Commission, except as specifically provided below. (Ord. 3305 § 1, 2014).

2.51.020 Purpose and intent.

The purpose of this chapter is to supplement City Charter Section 300.5, which establishes the Districting Commission and sets forth its powers and duties. (Ord. 3305 § 1, 2014).

2.51.030 Governing law in event of conflict.

If there is any conflict between this chapter and the Charter, the Charter shall govern. If there is any conflict between this chapter and Chapter 2.25 CVMC, this chapter shall govern. (Ord. 3305 § 1, 2014).

2.51.040 Functions and duties.

The Districting Commission shall hold the powers, and perform the duties, enumerated in City Charter Section 300.5, and shall:

A. Perform other duties and powers as the City Council may, by ordinance, confer upon the Commission in order to carry out the Commission’s powers and duties, consistent with Charter Section 300.5. The purpose of the initial Districting Commission shall be to recommend to the City Council the Council districts by which City Councilmembers shall be elected. The purpose of subsequent Districting Commissions shall be to recommend to the City Council adjustments to the boundaries of those districts, based on Federal Decennial Census information.

B. Make recommendations to the City Council and consult with City staff.

C. Conduct itself in an open and transparent manner, including: comply with the Brown Act, engage public participation to the extent reasonably possible during the districting process, and remain free from legislative influence.

Notwithstanding the foregoing, the Districting Commission shall not have the independent authority to direct the conduct of any City employee. (Ord. 3305 § 1, 2014).

2.51.050 Membership.

A. In accordance with City Charter Section 300.5, the Districting Commission shall consist of seven members, selected and appointed in the manner provided for in that section.

B. The members of the first Districting Commission shall be appointed as soon as practicable, with goals of having the Districting Commission members determined by July 2014, and City Council approval of the initial Final Districting Plan by June 30, 2015. (Ord. 3305 § 1, 2014).

2.51.060 Appointment and removal of commission members.

Notwithstanding CVMC 2.25.050, the following rules and procedures for member appointment and removal shall apply to the Districting Commission:

A. Any person desiring to serve on the Districting Commission shall apply by submitting an application to the City Clerk during the applicable application submittal period. The application shall be on a form prepared by the City Clerk and approved by the City Attorney.

B. The City Clerk shall conduct a prima facie review of each submitted application for completeness. If the City Clerk deems an application to be incomplete, the City Clerk shall notify the applicant of such and provide the applicant an opportunity to complete the application. The submittal deadline shall not be extended to allow correction of incomplete applications; all applications must be submitted to the City Clerk by the close of the application submittal period in order to be considered.

C. Upon close of the application submittal period, the City Clerk shall review all applications submitted and determine the number of complete applications. If the City Clerk determines that less than 10 complete applications have been submitted, the City Clerk shall extend the application period, if legally permissible and if doing so will not interfere with applicable deadlines. The City Clerk extended application period shall be no more than one-half the length of the initial application period.

D. Once all application submittal periods have closed, the City Clerk shall forward all complete applications to the Charter Review Commission. Before doing so, the City Clerk shall redact the applicants’ personal contact information, including address, phone numbers and email addresses, as permitted by law, and shall note on each application the Zip Code and general area of residence, by quadrant if feasible, for each applicant. Incomplete applications shall not be forwarded to the Charter Review Commission for consideration.

E. The Charter Review Commission shall consider the forwarded applications at an open meeting to consider the 10 most qualified applicants, pursuant to Charter Section 300.5(D)(1). In making the determination, pursuant to Charter Sections 300.5(D)(3)(a) through (e), the Charter Review Commission shall consider the applicants’:

1. Geographic diversity;

2. Relevant knowledge and/or demonstrated analytical abilities that would allow the Districting Commission to carry out its responsibilities with a high degree of competence;

3. Demonstrated ability to serve impartially in a nonpartisan role;

4. Experience in the areas of public communication and/or public outreach in the City; and

5. Experience in civic and/or volunteer activities in the City.

In addition, to the extent possible and as permitted by law, the Charter Review Commission shall consider available information which would assist them in creating an applicant pool of men and women who are reflective of the City’s racial and ethnic diversity, in accordance with Charter Section 300.5(D)(3)(a). The Charter Review Commission shall not use formulas or specific ratios in identifying which applicants will be included in the pool of 10.

F. The Charter Review Commission shall then oversee a process whereby four applicants are selected, at random, from the pool of 10 applicants chosen pursuant to subsection (E) of this section. The City Clerk, or his or her designee from the City Clerk’s office, shall assist the Commission in the random selection by selecting four applicants by lot.

G. The four randomly selected applicants shall be sworn in by the City Clerk and shall constitute the first four members of the Districting Commission.

H. The members of the Charter Review Commission shall not communicate with any member of the City Council, or their representatives, about any matter related to the nomination process or the applicants, prior to the swearing in of the four members.

I. Once the first four members of a Districting Commission are appointed, they shall be provided with the remaining six redacted applications. In accordance with Charter Section 300.5(D)(3), the initial four members of the Districting Commission shall consider the remaining forwarded applications at an open meeting to select three additional members. The Districting Commission shall select the most qualified applicants; in doing so, the Districting Commission shall consider the applicants’:

1. Geographic diversity;

2. Relevant knowledge and/or demonstrated analytical abilities that would allow the Districting Commission to carry out its responsibilities with a high degree of competence;

3. Demonstrated ability to serve impartially in a nonpartisan role;

4. Experience in the areas of public communication and/or public outreach in the City; and

5. Experience in civic and/or volunteer activities in the City.

In addition, to the extent possible and as permitted by law, the Districting Commission shall consider available information which would assist it in meeting the goal of ensuring that the Districting Commission consists of men and women who are reflective of the City’s racial, ethnic and gender diversity, in accordance with Charter Section 300.5(D)(3)(a). The Districting Commission shall not use formulas or specific ratios in identifying which applicants will be selected. The selection of each member shall require at least three affirmative votes of the Districting Commission.

J. The members of the Districting Commission shall not communicate with any member of the City Council, or their representatives, about any matter related to the nomination process, or the applicants, prior to the presentation of the three applicants to the City Council for approval.

K. The three applicants selected by the first four members of the Districting Commission shall be appointed, unless the City Council finds by at least four affirmative votes that the approval of one or more of the nominees would be inconsistent with the goals enumerated in Charter Section 300.5(D)(3).

L. If, pursuant to Charter Section 300.5(D)(3), the Council must approve one or more additional applicants, in lieu of those submitted to it for approval, it shall do so at its next City Council meeting, after reviewing the remaining applications.

M. Members of the Districting Commission may be removed for cause in accordance with CVMC 2.25.110. (Ord. 3305 § 1, 2014).

2.51.070 Terms.

A. Notwithstanding CVMC 2.25.070 through 2.25.090, members of each Districting Commission shall serve from the time they are appointed until dissolution of the Districting Commission, pursuant to Charter Section 300.5(J).

B. Vacancies on a Districting Commission shall be handled in accordance with Charter Section 300.5(D)(6) and CVMC 2.25.100(A) and (B). (Ord. 3305 § 1, 2014).

2.51.080 Meetings.

Notwithstanding CVMC 2.25.200(A), each Districting Commission shall establish its regular meeting day, time and location by written resolution, in accordance with CVMC 2.25.200. (Ord. 3305 § 1, 2014).

2.51.090 Budget.

The City shall ensure that adequate funds are appropriated for the Districting Commission to carry out its duties, including the utilization of independent consultants pursuant to Charter Section 300.5(A)(3). The City Attorney, with input from the City Clerk, shall submit the appropriate budget requests to the Finance Director so that such requests can be included in the City Manager’s proposed budget for the fiscal year during which the Districting Commission will be appointed. (Ord. 3305 § 1, 2014).

2.51.100 Implementing procedures.

The City Clerk and City Attorney shall be authorized to create and implement administrative rules and procedures as necessary, consistent with this chapter and with the Charter, for the creation, establishment and management of the Districting Commission. (Ord. 3305 § 1, 2014).