Fresno Municipal Code Art. 2 Council Districts

This article shall be known as the "Council District Ordinance of the City of Fresno."

(Added Ord. 78-95, § 1, eff. 6-30-78; Am. Ord. 87-139, § 1, eff. 11-13-87; Added Ord. 2007-55, § 4, eff. 9-4-07).

The purpose of this article is to implement Section 304.1 of the Charter by setting forth rules, procedures, principles, objectives, and criteria relating to the determination, redetermination, and modification of Council districts in which each councilmember is required to reside.

(Added Ord. 78-95, § 1, eff. 6-30-78; Am. Ord. 87-139, § 1, eff. 11-13-87; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) Unless the particular provision or context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Chapter 1 Article 2 shall also govern this construction, meaning and application of words and phrases used in this article.

(b) "Determination" means the establishment of the boundaries of Council districts and the numbering of such districts by ordinance adopted not less than one hundred twenty days prior to the 1979 general municipal election.

(c) "Modification" means any change by ordinance of the boundaries of Council districts previously established by determination, redetermination, or modification.

(d) "Council District Report" means a written document prepared by the City Manager which provides the Council with information, an analysis of such information, and a recommendation for the determination, redetermination, or modification of the boundaries of Council districts. Such document shall include:

(1) The Council districts proposed to be determined, redetermined, or modified.

(2) Suggested boundaries for those districts to be determined, redetermined or modified.

(3) Such supporting information as the City Manager deems relevant and material, which information may include maps, diagrams, tables, statistics, and public comment.

(e) "Redetermination" means a required review of Council district boundaries upon publication of the 1980 federal census and each decennial federal census thereafter, together with any ordinance the Council may adopt to change the boundaries of Council districts as a result of such required review.

(Added Ord. 78-95, § 1, eff. 6-30-78; Am. Ord. 81-157, § 6, eff. 12-11-81; Am. Ord. 87-139, § 1, eff. 11-13-87; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Proceedings for the determination, redetermination, or modification of any Council district shall be held pursuant to the provisions of Section 2-206. Determination and redetermination proceedings shall be automatically initiated upon the adoption of this article and the publication of each decennial federal census thereafter, and modification proceedings may be initiated at any other time by the filing of a petition pursuant to the provisions of Section 2-205 or by the adoption of a resolution of initiation by the Council at such time as deemed necessary by the Council or at such time as required by Section 1504 of the Charter relating to expansion of Council membership. In addition, the City Manager shall make a recommendation to the Council regarding the population of the city every five years from the date of this ordinance. The Council shall act on this recommendation at a regularly scheduled Council meeting.

(Added Ord. 78-95, § 1, eff. 6-30-78; Am. Ord. 87-139, § 1, eff. 11-13-87; Added Ord. 2007-55, § 4, eff. 9-4-07).

Proceedings for the modification of any Council district may be initiated by the filing of a petition with the City Clerk in compliance with the provisions of this section.

(a) Contents. A petition shall consist of the following parts:

(1) The names and business or residence addresses of at least one but not more than five proponents of the petition.

(2) A statement and/or map identifying the Council districts to be modified, describing the proposed modification, and containing reasons for such modification.

(3) Qualified signatures of registered voters.

(b) Qualified Signatures. No signature shall be qualified unless personally affixed by the signer who additionally shall affix the date of such signature and his or her:

(1) Printed name.

(2) Residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained.

(3) The number of the Council district in which such residence address is located.

(c) Number of Qualified Signatures. The number of qualified signatures required to initiate proceedings for the modification of any Council district shall be equal in number to not less than 15% of the registered voters residing in a Council district to be affected by the proposed modification, or 10% of the registered voters of the city, according to the County Clerk's last official report of registration to the Secretary of State; provided, that only signatures which were affixed within the last ninety days immediately before the petition is filed with the City Clerk shall be counted.

(d) Ascertainment of Requisite Signatures. Within thirty days from the filing of a petition, the City Clerk shall ascertain whether or not the petition was signed in a timely manner by the requisite number of qualified signatures. The City Clerk shall file with the petition a certificate showing the results of the examination. The City Clerk shall give the proponents a copy of the certificate upon their request.

(e) Insufficient Petition. If the petition contains an insufficient number of signatures on its face, it shall be filed and no further proceedings had thereon. If the petition contains the requisite number of signatures but an insufficient number are qualified, the petition may be supplemented within ten days of the date of the certificate by filing supplementary petitions identical to the petition originally filed, except as to signatures and matters required to be affixed by the signers.

(f) Supplementary Petition. Within ten days after the supplementary petitions are filed, the City Clerk shall make a certificate showing whether or not the petition as supplemented is sufficient.

(g) Insufficient Supplemented Petition. If the certificate shows that the petition as supplemented is insufficient, no action shall be taken thereon and the petition shall remain on file.

(h) Sufficient Petition. If the certificate shows that the petition, together with any supplementary petition, is sufficient, it shall be submitted to the Council at its next regular meeting. The certificate shall contain:

(1) An identification of the Council districts to be modified.

(2) A description of such modification.

(3) Reasons for such modification.

(4) The number of signatures required by this article.

(5) The total number of signatures on the petition.

(6) The number of qualified signatures on the petition.

(7) The number of disqualified signatures on the petition.

(Added Ord. 78-95, § 1, eff. 6-30-78; Am. Ord. 87-139, § 1, eff. 11-13-87; Added Ord. 2007-55, § 4, eff. 9-4-07).

(a) Notice. The City Clerk shall give notice of the initiation of district determination, redetermination, or modification proceedings as follows:

(1) Determination. In the event of proceedings for determination of Council districts, immediately after the adoption of this article.

(2) Redetermination. In the event of proceedings for redetermination of Council districts, immediately after being informed by the City Manager of the publication of the decennial federal census.

(3) Modification. In the event of proceedings for modification of Council districts:

(i) By petition, immediately after a certificate of a sufficient petition is submitted to the Council.

(ii) By Council resolution, immediately after adoption of a resolution of initiation by the Council.

(b) Contents of Notice. The notice of proceedings shall contain the following information:

(1) The manner by which such proceedings were initiated.

(2) A statement that a Council District Report is being prepared by the City Manager.

(3) A statement that public comment may be submitted in writing to the City Manager within fifteen days after publication of the notice.

(c) Manner of Notice. The City Clerk shall give notice of the proceedings by:

(1) Publication at least once in a newspaper of general circulation in the city.

(2) Mailing copies of the notice to any individual, group, or organization which has previously requested such notice.

(d) Council District Report. The City Manager shall prepare, complete, and file a Proposed Council District Report with the City Clerk no later than thirty days after publication of the notice of the proceedings.

(e) Notice of Hearing. The City Clerk shall give notice of the public hearing on the Council District Report by publication at least once in a newspaper of general circulation in the city no later than ten days after the filing of such Report. The City Clerk shall also give notice by mailing copies of the notice to any individual, group, or organization which has previously requested such notice. The notice shall contain the following information:

(1) A statement that proceedings for determination, redetermination, or modification of Council districts, whichever is the event, are being held.

(2) Identification of the Council districts proposed to be determined, redetermined, or modified.

(3) The date, time, and place of the hearing at which the Council District Report will be presented and at which public comment may be given.

(4) A statement that the Council District Report is available for public review in the office of the City Clerk and, if available at other public places for review, the location of such other public places.

(f) Conduct of Council Hearing. The Council hearing shall be conducted pursuant to City Council rules. Within fifteen days following the close of the hearing the Council shall, by ordinance, adopt the boundaries set forth in the Council District Report, or such other boundaries as it deems appropriate considering the criteria set forth in Section 2-207 and the public comment received in accordance with this section.

(g) Failure to give any notice specified in this section shall not invalidate any boundaries fixed in accordance herewith.

(Added Ord. 78-95, § 1, eff. 6-30-78; Am. Ord. 87-139, § 1, eff. 11-13-87; Am. Ord. 92-51, §§ 1—7, eff. 8-21-92; Added Ord. 2007-55, § 4, eff. 9-4-07).

Council districts are created for the purpose of ensuring more representative government in this city by disbursing the residences of elected representatives throughout the entire community in order to effect the representation of all diverse groups, elements and areas thereof on the legislative body. In order to implement this guiding principle, the following criteria shall be utilized in fixing Council district boundaries:

(a) Conform to State and Federal Law. All districts shall be drawn in conformance with the requirements of the law of the State of California and of the United States including the federal Voting Rights Act of 1965, Section 1973 of Title 42 of the United States Code, as amended.

(b) Communities of Interest. Any identifiable geographic concentration of persons sharing common social, political, and economic interests shall be, insofar as reasonably possible, located within the same Council district.

(c) Population. Population within the districts shall be as nearly equal in population as may be according to the most current of the following:

(1) Population census of the United States Bureau of the Census.

(2) State of California Department of Finance City and County Population Estimates.

(3) Statistics compiled by the Planning and Development Department based on (1) or (2) above.

Any other census, estimate, survey, and population projection may be considered.

(d) Boundary Lines. Unless good cause requires otherwise, Council district boundaries shall be:

(1) Census tract lines of the United States Bureau of the Census;

(2) Streets (excluding alleys), highways, or freeways;

(3) Railroad rights-of-way;

(4) Waterways; or

(5) Natural or artificial barriers.

(e) Contiguous and Compact.

(1) Territory shall be so located in Council districts as to promote contiguity and compactness of such districts.

(2) Territory of a Council district shall be contiguous except as to any territory which is wholly noncontiguous to any Council district upon annexation.

(3) Council districts shall be compact except for any irregularity of the City of Fresno boundaries.

(Added Ord. 78-95, § 1, eff. 6-30-78; Am. Ord. 87-139, § 1, eff. 11-13-87; Am. Ord. 2001-47, § 1, eff. 7-13-01; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Any territory which is annexed or otherwise attached to the city shall be allocated to a Council district pursuant to the provisions of this section, effective upon the completion of such annexation or other proceedings.

(a) Contiguous Territory. If the annexed or otherwise attached territory's boundary is contiguous to the boundary of not more than one Council district, such territory shall be allocated to such Council district. If the territory's boundary is contiguous to the boundaries of two or more Council districts, the City Manager shall make recommendations to the Council for the allocation of all or portions of the territory to council districts based on criteria contained in this ordinance.

(b) Wholly Noncontiguous Territory. If the annexed or otherwise attached territory's boundary is not contiguous with the boundary of any Council district, the distances between the boundaries of such territory and Council districts in the proximity of such territory shall be ascertained, and such territory shall be allocated to the Council district to which the distance is the shortest.

(Added Ord. 78-95, § 1, eff. 6-30-78; Am. Ord. 87-139, § 1, eff. 11-13-87; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) The Council adopts that certain map bearing the following identification: COUNCIL DISTRICTS, and establishes seven Council districts and the boundaries thereof as designated on such map. The name of each Council district designated in color on such map and, pursuant to the provisions of Charter Section 304.1, the number of each councilmember's office and the corresponding Council district in which each councilmember is required to reside is as follows:

(b) Such adopted map, as may be amended from time to time pursuant to this article, shall be known as the "Official Council District Map."

(c) The Official Council District Map shall be kept on file in the City Clerk's Office. The City Clerk shall keep a record of all ordinances amending the Official Council District Map. The Planning and Development Department shall immediately cause designation of such amendments to be placed upon the Official Council District Map. The Official Council District Map as herein adopted and as subsequently amended shall be prima facie evidence of the existence and legality of the Council districts designated thereon. The Planning and Development Department shall maintain the record of the Office Council District Map, including by electronic media, as it may be amended by Council.

(Added Ord. 78-161, §§ 1, 2, eff. 11-24-78; Am. Ord. 87-139, § 1, eff. 11-13-87; Am. Ord. 2007-55, § 4, eff. 9-4-07).