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(A) Establishment of Redistricting Commission; Composition; Powers and Duties.

(1) Establishment of Commission. There shall be established a seven member Redistricting Commission, hereinafter “Commission,” for the purpose of recommending to the City Council adjustments to the boundaries of the City’s Council districts in response to shifts or increases in district populations indicated in each Federal Decennial Census and other factors more particularly set forth in this Charter Section 903. As used in this Charter Section 903, the term “Federal Decennial Census” shall mean the national decennial census that is taken under the direction of the United States Congress at the beginning of each decade.

(2) Redistricting Plan Recommendations. Each Commission shall recommend, and the City Council shall approve, a Redistricting Plan for adjusting the boundaries of the four Council districts within one year of receipt of the final Federal Decennial Census information for use commencing with the next scheduled primary municipal election occurring at least three months after adoption of the Final Redistricting Plan. The City Council may amend this timeline, or other timelines set forth in this Charter Section 903, by resolution, as necessary to respond to State statutory deadlines or other exigent circumstances.

(3) Consultants. As necessary, one or more independent consultants experienced and competent in the skills necessary for the redistricting work shall be utilized to assist the Commission in developing the Redistricting Plans detailed in this Charter Section 903.

(B) Ordinances Implementing Redistricting Commission Powers and Duties; Appropriations to Support Redistricting Commission.

(1) The City Council shall adopt such ordinances as are necessary to provide for and support the Commission, and to ensure timely selection of Commission members and full implementation of the Commission’s powers and duties under this Charter Section 903.

(2) The City Council shall ensure, through the budget process, the appropriation of funds sufficient to allow the Commission to carry out its powers and duties under this Charter Section 903.

(C) Eligibility to Serve on the Commission.

(1) Only persons who are both Residents and registered voters of the City are eligible to apply for and serve on the Commission.

(2) Notwithstanding that they may be a Resident and registered voter of the City, the following persons are ineligible to apply for and serve on the Commission:

(a) the Mayor, a Councilmember, any other Elected Official, or a member of the City Charter Review Commission;

(b) a relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Family Code section 297), of the Mayor, any Councilmember, or any other Elected Official;

(c) a person who, at any time within the four years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an Elected Official;

(d) a current employee of the City or a current employee of any organization representing any employee bargaining unit for employees of the City;

(e) a person who, at any time within the four years immediately preceding the date of their application for selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term “lobbyist” means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any Elected Official, for purposes of influencing a municipal decision;

(f) a person who is currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee; and

(g) a person who, at any time within the four years immediately preceding the date of their application for selection to the Commission, has served as a paid campaign worker or paid campaign or political consultant for an Elected Official.

(D) Selection of Commission Members; Filling of Vacancies.

(1) The City Charter Review Commission shall review and verify the information contained in the applications submitted by persons interested in serving on the Commission, including applicants’ eligibility to serve on the Commission under Charter Section 903 (C). From the reviewed and verified applications, the City Charter Review Commission shall select ten persons to constitute the pool of eligible applicants.

(2) Four Commission Members shall be randomly selected from the pool of eligible applicants.

(3) Three Commission Members shall be selected by the randomly selected Commission Members from the pool of eligible applicants, subject to approval by the City Council. The goal of such selections shall be to ensure that, to the extent possible and as permitted by law, the Commission includes:

(a) persons who reflect the racial, ethnic, gender and geographic diversity of the City;

(b) persons who have relevant knowledge and/or demonstrated analytical abilities that would allow the Commission to carry out its responsibilities with a high degree of competence;

(c) persons who have demonstrated the ability to serve impartially in a nonpartisan role;

(d) persons who have experience in the areas of public communication and/or public outreach in the City; and

(e) persons who have experience in civic and/or volunteer activities in the City.

The City Council shall approve nominees for selection to the Commission unless the City Council finds by a four-fifths vote that the approval of one or more of the nominees would be inconsistent with this goal. In such case, the City Council shall approve for selection to the Commission one or more persons from the remaining pool of eligible applicants.

(4) In the event that not enough eligible persons apply for the Commission to allow selection in the manner provided in Charter Section 903 (D), the City Council shall appoint persons as necessary to fill all seven seats on the Commission. Such appointments shall be consistent with the eligibility restrictions in Charter Section 903(C) and the goals described in Charter Section 903(D)(3).

(5) Vacancies. A vacancy of the Commission shall be declared for the same reasons described in Charter Section 602(C). Vacancies on the Commission, shall, if possible, be filled using the same process described in Charter Section 903(D), and if not possible, then by the City Council consistent with the eligibility restrictions in Charter Section 903(C) and the goals described in Charter Section 903(D). Vacancies on the Commission shall be filled within forty-five days of the date upon which the vacancy existed.

(E) Commission Member Compensation; Restriction on Commission Members Seeking Election to City Council.

(1) Commission Members shall serve without compensation, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council.

(2) A person who serves as a Commission Member is ineligible to serve on, and shall not submit nomination papers to the City Clerk to seek election to, the City Council in any district whose boundaries were drawn or adjusted by the Commission on which such person served for a period of four years immediately following the end of the person’s service on the Commission.

(F) Redistricting Criteria. The Commission and City Council shall adhere to the following criteria in considering and approving or disapproving any Redistricting Plan:

(1) District shall have reasonably equal populations as required by the federal and State constitutions.

(2) District boundaries shall be geographically compact and contiguous.

(3) District boundaries shall follow visible natural and man-made features, street lines and/or City boundary lines whenever possible.

(4) District boundaries shall respect communities of interest to the extent practicable. A community of interest is defined as a geographic area comprised of Residents who share similar interests including, but not limited to, social, cultural, ethnic, geographic or economic interests, or formal government or quasi-governmental relationships, but not including relationships with political parties, incumbents, or candidates.

(5) District boundaries shall be drawn without regard for advantage or disadvantage to incumbents or challengers.

(6) District boundaries shall be drawn without regard for advantage or disadvantage to any political party.

(G) Procedures for Creation of Draft and Recommended Redistricting Plans. The Commission and City shall abide by the following procedure in any redistricting process:

(1) The Commission and City should actively encourage City Residents to participate in the redistricting process. Such efforts should include, but not be limited to, encouraging City Residents to attend Commission meetings and provide public comments to the Commission, and facilitating the submission of redistricting plans for consideration by the Commission. To the extent practicable, Commission meetings should be held in different geographic areas of the City so as to facilitate participation by persons residing in different areas of the City.

(2) The Commission shall approve a Draft Redistricting Plan based on application of the redistricting criteria specified in Charter Section 903(F) and consideration of all public comments submitted. Approval of a Draft Redistricting Plan shall require the affirmative vote of at least five Commission members. The Commission shall hold at least two public meetings prior to approving a Draft Redistricting Plan.

(3) A Draft Redistricting Plan approved by the Commission shall be made publicly available for at least thirty days before the Commission may take any action to approve a Recommended Redistricting Plan. The Commission shall hold at least two public meetings between the release of a Draft Redistricting Plan and approval of a Recommended Redistricting Plan provided that the first such public meeting shall not be held sooner than seven days following the release of a Draft Redistricting Plan.

(4) The Commission shall thereafter approve a Recommended Redistricting Plan for consideration by the City Council. Approval of a Recommended Redistricting Plan shall require the affirmative vote of at least five Commission Members.

(5) For each Recommended Redistricting Plan prepared by the Commission and submitted to the City Council, the Commission shall prepare a report that describes the process, criteria, and evidence used by the Commission to prepare the Recommended Redistricting Plan. Such a report shall accompany any Recommended Redistricting Plan submitted by the Commission to the City Council.

(H) City Council Consideration of Recommended Redistricting Plan; Approval of Final Redistricting Plan.

(1) The City Council shall hold at least one public hearing on the Recommended Redistricting Plan of the Commission before the City Council takes any action to approve or disapprove the Recommended Redistricting Plan.

(2) The Recommended Redistricting Plan shall be made publicly available for at least fourteen days before any vote by the City Council to approve or disapprove a Recommended Redistricting Plan.

(3) The City Council shall not alter the Recommended Redistricting Plan. Rather, the City Council shall approve or disapprove the Recommended Redistricting Plan in its entirety.

(4) If the City Council approves a Recommended Redistricting Plan it shall immediately become the Final Redistricting Plan which shall be implemented by the City.

(5) If the City Council disapproves a Recommended Redistricting Plan, the City Council shall immediately state in writing to the Commission the reasons for such disapproval, including any deviations by the Commission from the redistricting criteria specified in Charter Section 903(F). Thereafter, the Commission shall consider the City Council’s stated reasons for disapproval and may consider and approve alterations to the Recommended Redistricting Plan in response to those reasons. After such consideration, the Commission shall submit its Final Redistricting Plan to the City Council for immediate implementation by the City. Approval of such Final Redistricting Plan shall require the affirmative vote of five Commission Members.

(I) Referendum or Legal Challenge to Final Redistricting Plan.

(1) Any Final Redistricting Plan approved under this Charter Section 903 shall be subject to the referendum provisions of this Charter. If a referendum qualifies against any Final Redistricting Plan approved under this Charter Section 903, the City shall continue to elect Councilmembers by district elections as provided in Charter Section 900 using the existing Council districts until an election on the referendum is held. In either event, if the voters approve such a Final Redistricting Plan, the Council districts established in the Final Redistricting Plan shall become effective as soon as practicable. If the voters reject such a Final Redistricting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Redistricting Plan for consideration and approval by the City Council consistent with the process described in Charter Section 903(G).

(2) If a court of competent jurisdiction invalidates a Final Redistricting Plan, the Commission shall, as soon as practicable, prepare and submit a new Recommended Redistricting Plan for consideration and approval by the City Council consistent with the process described in Charter Section 903(G).

(J) Dissolution of Redistricting Commission. Each Commission established under Charter Section 903 shall cease operations and dissolve on the ninety-first day following approval of a Final Redistricting Plan, unless a referendum against the Final Redistricting Plan has qualified or a lawsuit has been filed to enjoin or invalidate the Final Redistricting Plan, in which case the Commission shall continue operations until a Final Redistricting Plan is implemented by the City. Notwithstanding the foregoing, if a lawsuit to enjoin or invalidate a Final Redistricting Plan is filed later than the ninety-first day following approval of a Final Redistricting Plan, the Commission shall automatically revive and continue operations during the pendency of such lawsuit and until a Final Redistricting Plan is implemented by the City.