ORDINANCE NO Findings. The City Council hereby finds and declares the following:

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1 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER OF THE VISTA MUNICIPAL CODE AND ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS FOR CITY COUNCILMEMBERS GOV. CODE & ELEC. CODE 10010) The City Council of the City of Vista does ordain as follows: 1. Findings. The City Council hereby finds and declares the following: The City of Vista supports the full participation of all residents in electing Members of the City Council. The City of Vista currently elects its Mayor and four City Councilmembers using an at- large election system. C. In the at- large election system, candidates may reside in any part of the City and the Mayor and each City Councilmember is elected by the voters of the entire City. D. In a by- district election system, a candidate for City Council must reside in the district that he or she wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be. E. California Government Code section 34886, effective January 1, 2017, permits the City Council to change the city' s method of election by ordinance, with certain formalities, to a by- district system in which each City Councilmember is elected only by the voters in the district in which the candidate resides, and the Mayor is elected at- large. F. Pursuant to California Government Code section 34886, it is declared the change in the method of electing City Councilmembers of the City of Vista made by this ordinance is to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in Section of the California Voting Rights Act. G. Under the provisions of California Elections Code section 10010, a political subdivision that changes from an at- large method of election to a by-district method of election shall hold at least four public hearings on a proposal to establish the district boundaries of the political subdivision prior to a public hearing at which the governing body of the political subdivision votes to approve or defeat the proposal. H. On March 28, 2017, the City Council adopted City Council Resolution enabling the consideration of by- district elections for City Councilmembers while retaining the at- large election system for the position of Mayor, and City Council Resolution adopting criteria to guide the establishment of districts for City Councilmember elections. I. The City Council held public hearings to consider the proposal to establish district boundaries for City Councilmembers on March 28, and April 11, 2017, prior to the drawing of proposed maps in compliance with Elections Code section 10010( a)( 2).

2 ORDINANCE N PAGE 2 J. The City Council held further public hearings on April 29, May 18, and May 30, 2017, together with two public workshops on April 29, An individual member of the City Council also held a public workshop on June 3, 2017, to consider proposed boundaries. All maps considered at those public hearings and workshops were published or made available to the public in compliance with Elections Code section 10010( a)( 2). K. The City Council held a final public hearing on June 13, 2017, in compliance with Elections Code section 10010(a)( 2), following which the City Council selected the map delineating district boundaries for City Councilmembers attached as Exhibit 1 as establishing the district boundaries best meeting the criteria established in City Council Resolution L. The purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, a by- district method for the election of City Councilmembers of the City of Vista in four single- member districts as reflected in Exhibit 1 to this Ordinance, while continuing to elect the Mayor at- large. 2. Code Amendment. Chapter of the Vista Municipal Code is amended in its entirety to read as follows: CHAPTER CITY COUNCIL ELECTIONS Section Section City Councilmembers City Councilmember Districts Section Election Schedule Section Vacancies Section Mayor Section Deputy Mayor Section City Council The office of City Councilmember shall be filled through by-district elections, pursuant to California Government Code Section 34886, beginning in November 2018, pursuant to the schedule established in Section of this Chapter. 1. City Councilmembers shall be elected in the electoral districts established by Section of this Chapter and subsequently reapportioned pursuant to applicable State and Federal law. Elections shall take place on a by-district basis as that term is defined in California Government Code Section 34871, pursuant to subdivision ( c) of that section. Except as provided in subdivision ( 3) of this section, the 2. Councilmember elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live 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 California Government Code section and Elections Code section Termination of residency in a district by a Council Member shall create an immediate vacancy for that Council district

3 ORDINANCE N PAGE 3 unless a substitute residence within the district is established within thirty( 30) days after the termination of residency. 3. Notwithstanding any other provision of this section, City Councilmembers in office at the time the Ordinance codified in this chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each Council Member that Member's successor shall be elected on a by- district basis in the districts established in Section and as provided in Section Section City Councilmember Districts Subject to Section , City Councilmembers shall be elected on a by-district basis from the Council districts depicted on the Official District Map attached as Exhibit 1 to this Section and incorporated by this reference. The Council districts specified in subdivision ( A) shall continue in effect until they are amended or repealed in accordance with law. Section Election Schedule Except as otherwise required by California Government Code section 36512, City Councilmembers shall be elected in Council Districts 1 and 4 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council districts shall be amended. Councilmembers shall be elected in Council Districts 2 and 3 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such Council districts shall be amended. The election schedule for the Mayor is not affected by this Section. Section Vacancies Any mid- term Council seat vacancy in any District shall be filled in accordance with State Law, only by an eligible resident of that District. Section Mayor The term of office of the Mayor shall be four years. The four-year term will first apply to the election for the Office of Mayor held in Section Deputy Mayor Deputy Mayor Established. It is the pleasure of the City Council that the Office of Deputy Mayor, otherwise described under Section of the California Government Code as Mayor Pro Tempore, be established, and that the term of office of the Deputy Mayor be for a term of one year, commencing on January 1 of each year. In the event that a successor has not been named or appointed by the City Council for any year, the incumbent of the Office of Deputy Mayor shall continue in office until such time as the incumbent has been reappointed or a successor has been appointed.

4 ORDINANCE N PAGE 4 Time of Appointment. During each year in which a General Municipal Election is held to elect one or more Members of the City Council, the City Council shall consider the appointment or re- appointment of one of its members to serve as Deputy Mayor for the following year. In all other years, the City Council shall consider the appointment or re- appointment of one of its members to serve as Deputy Mayor for the following year at the first regular full meeting of the City Council held in the month of December of the immediately preceding year." 3. Implementation A map showing the districts described in the Ordinance codified in this chapter is attached hereto as Exhibit 1 and incorporated by this reference. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts. Upon making technical changes to the map, the City Clerk shall release the updated map with notations or other indications of the changes made, and the effective date thereof, post the updated map the City' s website, and include as a public record the reasons and basis for the changes made. 4. Interpretation. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes. 5. Severability. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language. 6. Effective Date. This ordinance relates to an election, and pursuant to Government Code section 36934, it shall be in full force and effect immediately upon its adoption. Continued on page 5.]

5 ORDINANCE N PAGE 5 7. Adoption. INTRODUCED and ADOPTED at a meeting of the City Council held on June 13, 2017, by the following vote: AYES: NOES: Mayor Ritter, Aguilera, Rigby, Franklin, Green None ABSTAIN: None It JUDY RIO MAYOR APPROVED AS TO FORM: DAROLD PIEPER, CITY ATTORNEY ATTEST: KATHY VALDEZ, CITY CLERK By: By: A Attachment: Exhibit 1 APPROVED Darold Pieper

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7 CERTIFICATION I, Kathy Valdez, City Clerk of the City of Vista, California, certify that I caused the foregoing Ordinance No to be posted on June 14, 2017, at the following locations within the City of Vista: 1) the Reference Desk of the Vista Branch of the San Diego County Public Library, 700 Eucalyptus Avenue; 2) the Lobby Counter at the Gloria E. McClellan Senior Center, 1400 Vale Terrace Drive; and 3) the City Clerk's Office, 200 Civic Center Drive. Kathy Valdez, City Clerk