Atwater Municipal Code Ch. 2.10 General Municipal Elections

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Editor's note— Ord. CS 914, § 1, adopted July 26, 2010, amended the Code by retitling Ch. 2.10. Formerly Ch. 2.10 was entitled "Date of General Municipal Elections."

Under the authority of Chapter 1013 Statutes of 1981, the general municipal elections of the City of Atwater shall be held on the first Tuesday after the first Monday in November in each even-numbered year.

(Ord. CS 491, 1981)

A. At-Large Election—Mayor. Pursuant to California Government Code section 34886, the mayor shall be voted on at-large.

B. City Council Districts Established. Four City Council districts are hereby established in the City of Atwater. The boundaries and identifying number of each district shall be as described on the Council District Map attached hereto as Exhibit "A" and incorporated herein by this reference.

C. Election of Members of the City Council by District.

1. Upon the commencement of "by district" elections in the order established in section D. of this Section 2.10.020, members of the City Council shall be elected "by district" as defined in California Government Code Section 34871 or any successor statute. Except for the Mayor, a person shall not be eligible to be elected as a member of the City Council unless he or she is otherwise qualified as required by law, and both resided in the geographical area making up the district from which he or she is nominated to be elected and was a registered voter of the City of Atwater at the time nomination papers are issued to the candidate as provided for in Section 10227 of the California Elections Code.

2. 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.

3. The terms of the office of each member elected to the City Council shall remain four years.

D. Commencement of District Elections. It is the intent of the City Council, in enacting this ordinance, that this section shall not affect any term of office in existence or commencing on or before the effective date of the ordinance codified in this section. Commencing with the general municipal election in November of 2018 and thereafter, the voters in districts 3 and 4 shall elect members of the City Council by district and the Mayor shall be elected at large for full four-year terms. At the general municipal election in 2020 and thereafter, the voters in districts 1 and 2 shall elect members of the City Council by district for full four-year terms.

E. Adjustment of Boundaries.

1. Pursuant to Elections Code Section 21601, as it may be amended from time to time, the City Council shall, by ordinance or resolution, 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.

2. 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 Election Code Section 21603, as it may be amended from time to time.

3. Pursuant to Elections Code Section 21606, the term of office of any Council member who has been elected and whose term has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected.

Final Map [Figure: Final Map]

F. Implementation. 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.

(Ord. CS 914, § 2, 7-26-2010; Ord. CS 989, § 1, 10-23-2017; Ord. CS 1048, § 2(Exh. A), 4-11-2022)

Note— On November 4, 1986, the electors approved by vote to have the office of Mayor elected.

The term of the office of Mayor shall be four years.*

(Ord. CS 914, § 3, 7-26-2010)

*On November 4, 1986, the electors approved by vote to have the Mayoral term set for four years. The first Mayoral election for a four-year term occurred on November 4, 1986.

No person shall be eligible to serve in the office of City Councilmember or Mayor for more than 12 years following the adoption of this measure, commencing with those elected in the November 4, 2014, election. No person who has held office as a City Councilmember or Mayor, or both, for a total of 12 years may seek nomination and election to either office thereafter. Notwithstanding the foregoing, any person who is appointed by the City Council or elected to fill a vacant office of a City Councilmember or Mayor for the balance of a four-year term, but who serves for less than four years in that office ("partial term"), the partial term shall count as a full four-year term for purposes of computing the term limitation, and that person shall only be eligible for nomination and election for an additional eight years of service thereafter.

(Ord. CS 955, § 1, 6-23-2014)