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HomeMy WebLinkAbout2017-07-18; City Council; ; Final Public Hearing Regarding Consideration of Ordinance Implementing By-District Elections pursuant to Government Code section 34886 Elections Code section 10010Item 1 Page 1 CA Review ~ ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: July 18, 2017 Mayor and City Council Kevin Crawford, City Manager Celia Brewer, City Attorney 760-434-2891 Final Public Hearing Regarding Consideration of Ordinance Implementing By-District Elections pursuant to Government Code section 34886 Elections Code section 10010 Recommended Action That the City Council hold the fifth of five public hearings regarding the implementation of by- district elections and introduce for first reading an Ordinance implementing a by-district electoral system, voting district boundaries and election sequence (Exhibit 1). Executive Summary In response to a threat to sue the City for alleged violations of the California Voting Rights Act ("CVRA") (Elec. Code§§ 14025-14032) (Exhibit 2), and in order to avoid the potentially significant litigation expenses that are likely to occur if the City retains its at-large election method of election, at the City Council's May 9, 2017 hearing, the Council adopted Resolution No. 2017-083 (Exhibit 3) outlining its intention to transition from at-large to district based elections. Pursuant to Elections Code section l00l0(a)(l), on May 30, 2017 and June 13, 2017, the City held two public hearings to receive public input regarding the composition of the City's voting districts before any draft maps of voting districts were drawn. Based on public input, the Council's direction regarding the number of districts, and other legally required criteria, the City's districting consultant/demographer prepared proposed draft district maps for public review and comment. These maps, along with maps drawn by members of the public that meet the population and other mandatory districting criteria, were discussed by the public and the Council at public hearings on June 29, 2017 and July 11, 2017, pursuant to Elections Code section 10010(a)(2). At the conclusion of the July 11, 2017 hearing, the Council directed staff to prepare an ordinance implementing by-district elections, adopting the "Cohen-F lock 1" map (Attachment A to the proposed Ordinance) and the Council's preferred election sequence. The purpose of this July 18, 2017 hearing is to provide for any additional public comment and then introduce for first reading an Ordinance implementing a by-district electoral system, voting district boundaries pursuant to the Cohen-Flock 1 map, and election sequence whereby Council Districts 1 & 3 will be on the November 2018 ballot, and Council Districts 2 & 4 will be on the November 2020 ballot. Page 2 Discussion On April 11, 2017, the City received a letter from the law firm of Shenkman & Hughes threatening to sue the City for alleged violations of the CVRA unless the City voluntarily converts to elections by district. The CVRA applies to jurisdictions, including charter cities, that utilize an "at-large" method of election, where voters of the entire jurisdiction elect the members of the City Council. The CVRA was specifically enacted in 2002 to eliminate several key burden of proof requirements that exist under the federal Voting Rights Act of 1965 ("FVRA") (52 U.S.C. § 10301 et seq.) after several jurisdictions in California successfully defended themselves in litigation brought under the FVRA. The CVRA is tilted heavily in favor of plaintiffs' attorneys because after the removal of these federal burden of proof requirements, the threshold to establish liability under the CVRA is extremely low, and prevailing plaintiffs are guaranteed to recover their attorneys' fees and costs. Every government defendant in the history of the CVRA that has challenged the conversion to district elections has either lost in court or settled, and has also been forced to pay at least some portion of the plaintiffs' attorneys' fees and costs; indeed, over the relatively short 15-year history of the CVRA, and only after an initial challenge to it was resolved in 2006, plaintiff public agencies have paid nearly $15 million to CVRA plaintiff attorneys (Exhibit 4). In sum, all CVRA cases that have been filed have ended with the defendant governmental agency implementing a district election system and paying some sort of attorneys' fee payment. In response to the substantial costs imposed upon cities and other public agencies in defending CVRA suits, in 2016, the California Legislature amended the Elections Code to simplify the process of converting to by-district method of election and to provide a "safe harbor" process to protect agencies from litigation. Because the City Council enacted Resolution No. 2017-083 declaring its intent to convert to a by-district method of election within 45 days of receiving the Shenkman & Hughes demand letter, a CVRA lawsuit cannot be filed before August 7, 2017 (90 days after the Council's May 9 adoption of the Resolution). (Elec. Code§ 10010(e)(3).) The first step of the process in the City's conversion from its current at-large method of election to a by-district system was to hold two public hearings and receive public comment regarding the composition of the yet to be formed voting districts, before any maps are drawn. (Elec. Code § 10010(a).) These hearings were held on May 30, 2017 and June 13, 2017, and the City held two public workshops on Saturday, June 10, 2017 for this same purpose. The City also allowed the public to submit input regarding district boundaries via an online redistricting tool, provided by the City's districting consultant/demographer (National Demographics Corporation, or NDC), available at http://www.carlsbadca.gov/cityhall/clerk/maps.asp. Further background information relating to the districting process was made available for the public on the City's website at http://www.carlsbadca.gov/cityhall/clerk/district.asp. At the June 13, 2017 hearing, the City Council directed the City's districting consultant to develop maps containing four districts, which results in the City retaining a separately elected mayor. The City Council made this decision based on the fact that the separately elected position of mayor was established by a voter-sponsored initiative in 1964. When drawing districts to present to the public and Council, the City's consultant considered several mandatory districting criteria required by federal law, as well as other permissive criteria under state and federal law. These Page 3 criteria were discussed at the May 30, 2017 hearing, and are set forth in Resolution No. 2017- 097 adopted by the City Council (Exhibit 5). Pursuant to these factors, the Council's direction and the input provided by the public, the City's districting consultant developed maps for public review and comment, which were presented along with eligible maps submitted by the public at the City Council's June 29, 2017 and July 11, 2017 public hearings, pursuant to Elections Code section 10010(a)(2). At the conclusion of the July 11, 2017 hearing, the Council voted to direct staff to prepare an ordinance adopting as the City's voting district map an eligible map submitted by the public referred to as the Cohen-Flock 1 map, as well as a sequence of elections where Council Districts 1 & 3 from that map will be on the November 2018 ballot, and Council Districts 2 &4 will be on the November 2020 ballot. The proposed Ordinance is now before the Council for its consideration. Fiscal Analysis The costs of defending the City's current at-large election system in court would be significant due to the risk of having to pay the plaintiffs' fees and costs. Awards in these cases have reached upwards of $3,500,000. When sued, even the settlements reached by cities have included paying the plaintiffs' attorneys fees. If the City Council chooses to maintain its at-large elections and defend the threatened lawsuit, the costs and attorneys' fees would likely exceed $1,000,000. The demographic consultant cost is anticipated to be approximately $35,000. Special counsel fees required to voluntarily convert to district elections are estimated to be $30,000. Additional legal costs will be incurred for additional analysis and public hearings. The City's good faith and considered approach to by-district elections may forestall further threats and demands for attorneys' fees, but other jurisdictions have suffered such demands even after initiating such efforts. Next Steps If the proposed Ordinance is introduced for first reading, the Council will consider adopting the Ordinance following a second reading at the Council's July 25, 2017 meeting, which will conclude the transition to by-district elections. Environmental Evaluation (CEQA) The requested action is not a project within the definition of the California Code of Regulations, Title 14, Chapter 3, section 15378(a) since the action has no potential for resulting in either a direct change in the environment or a reasonably foreseeable indirect ch ange in the environment. Public Notification Prior to this hearing, the City conducted outreach in both English and Sp anish to encourage public participation in both the districting process in general, and this public hearing in particular. A press release was issued and posted on the City's website on July 12, 2017. In addition, staff held two community workshops (one at the Carlsbad City Library on Dove Lane and one at the Harding Community Center) on June 10, 2017. Notice of this Public Hearing was published in English and Page 4 Spanish in the July 7 and July 14, 2017 editions of the San Diego Union Tribune and the July 14 edition of the Coast News. Staff also published the Spanish version of the legal notice in the July 14, 2017 edition of the La Prensa San Diego Newspaper. Exhibits 1. 2. 3. 4. 5. Ordinance establishing and implementing by-district elections April 11, 2017 Correspondence Resolution No. 2017-083 Table of Results of CVRA Litigation Resolution No. 2017-097 Page 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS (GOVERNMENT CODE §34886 AND ELECTION CODE §10010} Exhibit 1 WHEREAS, the City of Carlsbad supports the full participation of all citizens in electing members of the City Council; and WHEREAS, the City of Carlsbad currently elects its four (4) members of the City Council using an at-large election system, with a separately elected mayor, where candidates may reside in any part of the City and each member of the City Council is elected by the voters of the entire City; and WHEREAS, California Government Code Section 34886, effective January 1, 2017, permits the City Council of any city to change the City's method of election by ordinance to a "by-district" system in which each member of the City Council is elected only by the voters in the district in which the candidate resides, and permits the mayor to continue to be elected at-large, in accordance with California Government Code Section 34871, subdivision (c); and WHEREAS, under the provisions of California Elections Code Section 10010, a city that changes from an at-large city council method of election to a by-district city council method of election requires a total of five public hearings, which includes at least two public hearings regarding potential voting district boundaries prior to the release and consideration of any draft voting district maps, and two public hearings following the release of draft voting district map(s); and WHEREAS, at regular meeting of the City Council of the City of Carlsbad held on the 9th day of May, 2017, the City Council adopted Resolution No. 2017-083 that initiated the process of establishing a by-district election system and adopting the schedule therefore; and WHEREAS, thereafter, at a special and regular meeting of the City Council of the City of Carlsbad held on the 30th day of May, 2017 and the 13th day of June, 2017, respectively, pursuant to California Elections Code Section 10010(a}(l}, the City Council held public hearings where the public was invited to provide input regarding the composition of the City's voting districts before any draft maps were drawn, and the City Council of the City of Carlsbad considered and discussed the same; and WHEREAS, at the special meeting of the City Council of the City of Carlsbad held on the 30th day of May, 2017, the City Council adopted Resolution No. 2017-097 setting forth the mandatory and permissive criteria to be considered when drawing voting district maps; and WHEREAS, thereafter, at a special and regular meeting of the City Council ofthe City of Carlsbad held on the 29th day of June, 2017 and the 11th day of July, 2017, respectively, pursuant to California Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released at least seven (7) days before each meeting, and the proposed sequence of elections, and the City Council of the City of Carlsbad considered and discussed the same; and Page 6 WHEREAS, at the regular meeting of the City Council of the City of Carlsbad held on the 11th day of July, 2017, the City Council directed staff to draft an ordinance adopting the voting district map known as the "Cohen-Flock 1" map (Attached hereto as Attachment A), and putting the Council District 1 and 3 seats on the 2018 ballot, and the Council District 2 and 4 seats on the 2020 ballot; and WHEREAS, at the regular meeting of the City Council of the City of Carlsbad held on the 18th day of July, 2017, the City Council held a final public hearing on the proposal to establish district boundaries, reviewed additional public input, formally selected the voting district map and the election sequence attached to, incorporated in, and set forth in this Ordinance, which was introduced for a first reading at the same regular meeting of the City Council of the City of Carlsbad; and WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement above and beyond the public hearings and other procedures required by California Elections Code Section 10010, including, but not limited to, two public workshops; and WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code Section 34886, an ordinance providing for the election of members of the City Council of the City of Carlsbad by-district in four single-member districts as reflected in Exhibit 1 to this Ordinance, with the Mayor elected at-large, in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of Section 7 of Article 1 and of Section of Article II of the California Constitution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that: SECTION 1. The foregoing recitals are true and correct. SECTION 2. Chapter 2.04 of the Carlsbad Municipal Code is hereby amended by adding new Sections 2.04.070, 2.04.080 and 2.04.090 to read as follows: 2.04.070 By-District Electoral System. Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.090 of this Chapter, beginning in November 2018, members of the city council shall be elected on a by-district basis from four (4) single-member Council Districts. The mayor shall be separately elected on a City-wide basis. The City's by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c). 2.04.080 Establishment of City Council Electoral Districts. A. Pursuant to Section 2.04.070 of this Chapter, members of the city council shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four Council Districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law: Page 7 1. Council District 1 shall comprise all that portion of the City reflected on Attachment A. 2. Council District 2 shall comprise all that portion of the City reflected on Attachment A. 3. Council District 3 shall comprise all that portion of the City reflected on Attachment A. 4. Council District 4 shall comprise all that portion of the City reflected on Attachment A. B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this Section and subsequently reapportioned pursuant to applicable State and federal law. C. Except as provided in subdivision D herein and notwithstanding any other provision of this Chapter, once this Ordinance is fully phased in, the member of the city council 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 34882 and Elections Code section 10227. Termination of residency in a district by a member of the city council shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty {30) days after the termination of residency. D. Notwithstanding any other provIs1on of this Section, and consistent with the requirements of California Government Code Section 36512, the members of the city council 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 member of the city council, excluding the separate office of mayor, that member of the city council's successor shall be elected on a by-district basis in the districts established in this Section and as provided in Section 2.04.090 of this Chapter. E. Nothing in this Section shall effect the election of the mayor, who shall remain elected on a City-wide basis, in accordance with Sections 2.04.020 and 2.04.060 of this Chapter and Chapter 2.06 of this code. 2.04.090 Election Schedule. Except as otherwise required by California Government Code Section 36512, the members of the city council shall be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. Members of the city council shall be elected from Council Districts 2 and 4 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such Page 8 Council Districts shall be amended. The election schedule for the mayor is not affected by this Section. SECTION 3. A map showing the districts described in this Ordinance and codified in Section 2.04.080 of the City of Carlsbad Municipal Code is attached hereto as Attachment A and incorporated herein by reference. SECTION 4. 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. SECTION 5. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof. SECTION 6. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes. SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Carlsbad hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption (scheduled for July 25, 2017); and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. II II II II II Page 9 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _ day of ____ , 2017, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ ~ 2017, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Page 10 Map layers D Cohen_Flockl I-· · Census Block L.__J [= Water Area Streets + Landmark Point Landmark Area __ Pipeline/Power Line ~ Railroad --River Attachment A City of Carlsbad 2017 Districting Page 11 City of Carlsbad -Cohen-Flock 1 map District 1 2 3 4 Total Ideal Total Pop 25,457 25,434 27,175 27,262 105,328 21,066 Deviation from ideal -875 -898 843 930 1,828 % Deviation -3.32% -3.41 % 3.20% 3.53% 6.94% % Hisp 20% 15% 11% 8% 13% Total Pop %NH White 72% 71% 75% 82% 75% %NH Black 1% 2% 2% 1% 2% % Asian-American 5% 11% 11% 8% 9% Total 20,823 18,597 20,210 20,332 79,962 % Jclisp 17% 13% 9% 7% 12% Voting Age Pop %NH White 75% 74% 78% 84% 78% %NH Black 1% 2% 2% 1% 1% % Asian-American 5% 10% 10%i 7% 8% Total 19,059 18,012 21,316 20,882 79,269 Citizen Voting Age % Hisp 16% 12% 11 ~1o 7% 11% %NH White 78% 76% 77% 84% 79% Pop %NH Black 1% 1% 2% 1% 1% % Asian/Pac.Isl. 5% 9% 9% 6% 7% Total 14,484 15,321 16,993 18,168 64,966 % Latino est. 12% 10% 7% 5% 8% Voter Registration % Asian-Surnamed 2% 5% 5% 3% 4% % Filipino-Surnamed 1% 1% 1% 0% 1% (Nov 2014) % Spanish-Surnamed 11% 9% 6% 5% 7% % NH White est. 82% 84% 84% 90% 85% %NH Black 1% 1% 2% 1% 1% Total 6,647 7,541 8,336 9,635 32,159 % Latino 9% 7% 5% 4% 6% Voter Turnout % Asian-Surnamed 2% 4% 4% 3% 3% % Filipino-Surnamed 0% 1% 1% 0% 1% (Nov 2014) % Spanish-Surnamed 8% 6% 5% 4% 5% % NH White est. 86% 88% 87% 91% 88% %NH Black 1% 1% 2% 1% 1% Total 11,130 12,378 13,676 15,380 52,563 % Latino 10% 8% 7% 5% 7% Voter Turnout % Asian-Surnamed 2% 4% 4% 3% 3% % Filipino-Surnamed 1% 1% 1% 1% 1% (Nov2012) % Spanish-Surnamed 9% 7% 6% 4% 6% % NH White est. 85% 86% 86% 90% 87% % NH Black est. 1% 1% 2% 1% 1% ACS Pop. Est. Total 25,216 27,033 29,693 27,974 109,917 age0-19 18% 28% 26% 26% 25% Age age20-60 58% 53% 54% 52% 54% age60plus 24% 19% 20% 22% 21% Immigration immigrants 15% 15% 16% 12% 14% naturalized 44% 67% 69% 72% 63% Language spoken at english 79% 80% 82% 89% 83% home Spanish 14% 10% 8% 4% 9% asian-lang 2% 5% 5% 3% 4% other Jang 4% 5% 5% 4% 4% Language Fluency Speaks Eng. "Less 9% 6% 6% 4% 6% than Very Well" Education (among hs-grad 49% 43% 38% 38% 42% bachelor 24% 32% 35% 34% 31% those age 25+) graduatedegree 18% 21% 24% 26% 22% Child in Household child-underl 8 20% 35% 34% 34% 31% employed 60% 59% 60% 56% 59% Work (percent of Commute on Public pop age 16+) Transit 3% 2% 2% 1% 2% income 0-25k 15% 14% 14% 15% 14% income 25-S0k 20% 13% 11% 12% 14% Household Income income 50-75k 18% 15% 11% 10% 14% income 75-200k 39% 43% 46% 42% 42% income 200k-plus 8% 15% 19% 22% 16% single family 52% 31% 31% 20% 34% multi-family 38% 63% 61% 73% 59% Housing Stats vacant 10% 6% 8% 7% 8% occupied 90% 94% 92% 93% 92% rented 57% 33% 34% 21% 36% owned 43% 67% 66% 79% 64% Total and Voting Age population data from the 2010 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estirr NH \v'hite and NH Black registration and turnout counts estimated by NTIC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2011-2015 American Community Survey and Special Tabulation 5-year data. Page 12 Exhibit 2 fSf.lBNK~N Sf-HUGHES' ~ ,,., 28905 Wight Road Malibu, California 90265 (310)457-0970 kshenkman@sh_enkmanhgg__hes.com --1 ~ :: ,,,. .. -Tl!ORNlil\"S MAl.!BlJ. CALIFORNIA VIA CERTIFIED MAIL April 5, 2017 Barbara Engleson City Clerk -City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Violation of California Voting Rights Act RECEIVED APR 11 2017 CITY OF CARLSBAD CITY CLERK'S OFFICE The City of Carlsbad ("Carlsbad") relies upon an at-large election system for electing candidates to its City Council. Moreover, voting within Carlsbad is racially polarized, resulting in minority vote dilution, and therefore Carlsbad's at- large elections violate the California Voting Rights Act of 2001 ("CVRA"). The CVRA disfavors the use of so-called "at-large" voting -an election method that permits voters of an entire jurisdiction to elect candidates to each open seat. See generally Sanchez v. City of Modesto (2006) 145 Cal.App.4th 660, 667 ("Sanchez"). For example, if the U.S. Congress were elected through a nationwide at-large election, rather than through typical single-member districts, each voter could cast up to 435 votes and vote for any candidate in the country, not just the candidates in the voter's district, and the 435 candidates receiving the most nationwide votes would be elected. At-large elections thus allow a bare majority of voters to control every seat, not just the seats in a particular district or a proportional majority of seats. Voting rights advocates have targeted "at-large" election schemes for decades, because they often result in "vote dilution," or the impairment of minority groups' ability to elect their preferred candidates or influence the outcome of elections, which occurs when the electorate votes in a racially polarized manner. See Thornburg v. Gingles, 478 U.S. 30, 46 (1986) ("Gingles"). The U.S. Supreme Court "has long recognized that multi-member districts and at-large voting schemes may operate to minimize or cancel out the voting strength" of minorities. Id. at 47; see also id. at 48, fn. 14 (at-large elections may also cause elected officials to "ignore [minority] interests without fear of political consequences"), citing Rogers v. Lodge, 458 U.S. 613, 623 (1982); White v. Register, 412 U.S. 755, 769 (1973). "[T]he majority, by virtue of its numerical superiority, will regularly Page 13 April 5, 2017 Page 2 of 4 defeat the choices of minority voters." Gingles, at 47. When racially polarized voting occurs, dividing the political unit into single-member districts, or some other appropriate remedy, may facilitate a minority group's ability to elect its preferred representatives. Rogers, at 616. Section 2 of the federal Voting Rights Act ("FVRA"), 42 U.S.C. § 1973, which Congress enacted in 1965 and amended in 1982, targets, among other things, at- large election schemes. Gingles at 37; see also Boyd & Markman, The 1982 Amendments to the Voting Rights Act: A Legislative History (1983) 40 Wash. & Lee L. Rev. 1347, 1402. Although enforcement of the FVRA was successful in many states, California was an exception. By enacting the CVRA, "[t]he Legislature intended to expand protections against vote dilution over those provided by the federal Voting Rights Act of 1965." Jauregui v. City of Palmdale (2014) 226 Cal. App. 4th 781, 808. Thus, while the CVRA is similar to the FVRA in several respects, it is also different in several key respects, as the Legislature sought to remedy what it considered "restrictive interpretations given to the federal act." Assem. Com. on Judiciary, Analysis of Sen. Bill No. 976 (2001-2002 Reg. Sess.) as amended Apr. 9, 2002, p. 2. The California Legislature dispensed with the requirement in Gingles that a f'minority group demonstrate that it is su.fficiently large and geographically compact LJQ constitute a "majority-minority district." Sanchez, at 669. Rather, the CVRA requires only that a plaintiff show the existence of racially polarized voting to establish that an at-large . method of election violates the CVRA, not the desirability of any particular remedy. See Cal. Elec. Code § 14028 ("A violation of Section 14027 is established if it is shown that racially polarized voting occurs ... ") (emphasis added); also see Assem. Com. on Judiciary, Analysis of Sen. Bill No. 976 (2001-2002 Reg. Sess.) as amended Apr. 9, 2002, p. 3 ("Thus, this bill puts the voting rights horse (the discrimination issue) back where it sensibly belongs in front of the cart (what type of remedy is appropriate once racially polarized voting has been shown).") To establish a violation of the CVRA, a plaintiff must generally show that "racially polarized voting occurs in elections for members of the governing body of the political subdivision or in elections incorporating other electoral choices by the voters of the political subdivision." Elec. Code § 14028(a). The CVRA specifies the elections that are most probative: "elections in which at least one candidate is a member of a protected class or elections involving 'ballot measures, or other electoral choices that affect the rights and privileges of members of a protected class." Elec. Code § 14028(a). The CVRA also makes clear that "[ e ]lections conducted prior to the filing of an action . . . are more probative to Page 14 April 5, 2017 Page 3 of 4 establish the existence of racially polarized voting than elections conducted after the filing of the action." Id. Factors other than "racially polarized voting" that are required to make out a claim under the FVRA -under the "totality of the circumstances" test -"are probative, but not necessary factors to establish a violation of' the CVRA. Blee. Code § 14028( e ). These "other factors" include "the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of at-large elections, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns." Id. Carlsbad's at-large system dilutes the ability of Latinos (a "protected class") -to elect candidates of their choice or otherwise influence the outcome of Carlsbad's council elections. The elections of 2004 and 2006 are illustrative. In 2004, a Latino candidate - Ofelia Escobedo -ran for city council and lost. In 2006, two Latino candidates - Ron Alvarez and Roland Chicas -ran for city council and lost. Each of those candidates received significant support from Latino voters, but fell short of securing a seat in Carlsbad's at-large election due to the bloc voting of Carlsbad's majority non-Latino electorate. In fact, as a result of this racially polarized voting, Carlsbad appears to have had no Latino council members in its recent history. According to recent data, Latinos comprise approximately 13.3% of the population of Carlsbad. The contrast between the significant Latino proportion of the electorate and the absence of Latinos to be elected to the City Council is telling. As you may be aware, in 2012, we sued the City of Palmdale for violating the CVRA. After an eight-day trial, we prevailed. After spending millions of dollars, a district-based remedy was ultimately imposed upon the Palmdale city council, with districts that combine all incumbents into one of the four districts. Given the lack of Latino representation on the city council in the context of racially polarized elections, we urge Carlsbad to voluntarily change its at-large system of electing council members. Otherwise, on behalf of residents within the jurisdiction, we will be forced to seek judicial relief. Please advise us no later than May 22, 2017 as to whether you would like to discuss a voluntary change to Page 15 your current at-large system. We look forward to your response. Very~s, Kevin I. Shenkman April 5, 2017 Page 4 of 4 Page 16 RESOLUTION NO. 2017-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, EXPRESSING THE CITY COUNCIL'S INTENTION, PURSUANT TO ELECTIONS CODE SECTION 10010(e)(3)(A), TO INITIATE PROCEDURES FOR ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS FOR CITY COUNCIL MEMBERS EXHIBIT 3 WHEREAS, the City of Carlsbad, California ("City") is a charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, four of the members of the Carlsbad City Council are currently elected in at-large elections, in which each City Council member is elected by all registered voters of the entire City, with the mayor being separately elected by all registered voters of the entire City, pursuant to California Government Code sections 34871 and 34900 et seq.; and WHEREAS, Section 34886 of the Government Code authorizes any city to change to a by-district system or by-district system with an elective mayor without the need to put such a change to voters; and WHEREAS, the City Council has determined that it is in the best interest of the City to move from its current at-large electoral system to a by-district election for members of the City Council in furtherance of the purposes of California Voting Rights Act; and WHEREAS, the City moves to make this transition from an at-large system to a by-district system in accordance with the new procedural rules outlined in Government Code Section 34886 and Elections Code 10010; and WHEREAS, the City received a letter threatening action under the California Voting Rights Act on April 11, 2017, less than forty-five (45) days before the date of this Resolution; and WHEREAS, the City will begin by working with an experienced demographer to assist the City in establishing maps for a by-district electoral system; and WHEREAS, before drawing a draft map of the proposed boundaries of the districts, the City will hold at least two (2) public hearings over no more than thirty (30) days, at which time the public is invited to provide input regarding the composition of the districts; and WHEREAS, the City will then publish and make available for release at least one (1) draft map of the new electoral districts, including the potential sequence of elections shown; and Page 17 WHEREAS, once the draft map has been publicized for at least seven (7) days, the City will hold at least two (2) additional public hearings, over no more than forty-five (45) days, at which time the public is invited to provide input regarding the content of the draft map and the proposed sequence of elections prior to the public hearing at which the City Council adopts a map; and WHEREAS, if a draft map is revised at or following a public hearing, the revised map will be published and made available to the public at least seven (7) days before the City chooses to adopt it; and WHEREAS, in determining the final sequence of staggered district elections, the City Council will give special consideration to the purposes of the CVRA, and will take in to accouflt the preferences expressed by the members of the districts; and WHEREAS, the City Council now wishes to adopt criteria to guide the establishment of electoral districts consistent with legal requirements including reasonable equal population and section 2 of the federal Voting Rights Act, as well as other concerns and considerations important to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitals are true and correct and are incorporated herein by this reference. 2. The City Council hereby resolves, pursuant to Elections Code section 10010, to adopt a by-district election system by ordinance as authorized by California Government Code section 34886, for use in the City's General Municipal Election for City Council Members. 4. The City Council further resolves to retain a qualified demographer, hold at least five (5) public hearings and publish at least one (1) draft map and staggering sequence. 5. The City's redistricting/demographic consulting firm, acting under the supervision of the City Manager, is hereby authorized to direct and formulate one or more electoral district scenarios for review by the public and City Council at two or more public hearings if necessary, in accordance with the City's proposed timeline. 6. Working with the demographic consulting firm, staff is directed to publicize relevant maps, information, notices, agendas and other materials regarding by-district elections and to establish means of communication to answer questions from the public. Page 18 7. All public hearings shall be noticed as follows: posting on the City's website at least ten (10) calendar days in advance of the hearing and publication at least ten (10) days in advance of the hearing in the newspaper adjudicated to provide notice within the City. 8. The City Manager is authorized to take any and all other necessary actions to give effect to this Resolution. 9. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th. day of .May. 2017, by the following vote, to wit: AYES: NOES: ABSENT: K. Blackburn, M. Schumacher, C. Schumacher. M. Hall, M. Packard. None. (SEAL) Page 19s::t :!:: .0 ..c X LU Citv/Political Subdivision Defendant ·- City ()f Palmdale ···-- fity ofModesto .. Madera Unified School District; Madera County Board of Education City of Compton ---- Tulare Local Healthcare District ---------------- City ofTulai-e_ Hanford Unified School District Compton Community College District Settlement Conditions Attorneys' Fees Notes -~---· ------· ··--~ City lost trial on the merits, held an election that plaintiffs argued was Agreed to have voters choose illegal, and unsuccessfully challenged elected officials by districts, an injunction stopping the City from including two with Latino certifying the results of that election; majorities i ___ _ ________ $4,500,00aj settlement subsequently r~ached Moved to District elections; vot:rs ! had already approved a move to Settlement; Additional $1,700,000 to districts before settlement $3,000,000 ~efense attorneys --·--I--~ --· /Moved to "by trustee area" elections via admission of liability $162,500 court award Moved to by-district elections via )ballot measure; kept mayor at I __jlarge __ i confidential settlement !Agreed to hold an election re :-··· ·--·--··---------.-- I: I 1 changing to district elections in I 2012 and agreed to cancel 20 I 0 elections $500,000 Settlement ------- , City agreed to place a ballot measure before voters regarding a move to district elections $225,000 Settlement --.--. Agreed to move to by-trustee district elections $! 10,000:ISettlemcnt Agreed to move to by-district I elections I $40,000 Settlement Page 20I I I I Moved to by-trustee district ~-~ Ceres Unified School elections before litigation was District filed ---~ _ _ __ $3,000 Settlement -- ! Cerritos Community College Moved to by-trustee district _L_ District elections $55,0Q0 Settlement ·----·--.... -------- County moved to by-District elections (through a ballot measure) and further agreed to . redraw its previously-approved District boundaries by forming a nine-person redistricting ~an Mateo Cuu1!!L_ committee $650,000 Settlement ------~--·-· ·---+ -----.. ---·--·-----···- Agreed to place ballot measure on November 2016 ballot re moving Settlement; expected costs include at City ~f Anajieim to by district elections --~--·-·-- $1,200,000 least another $800,000 I Case dismissed as moot when City J changed voting system; I Court award under catalyst theory, unsuccessful post election City of Whitt!t;:I" chal!~nge re at large ma)'?L $1,000,000 even though case was dismissed Santa Clarita Community l Agreed to conduct cumulative College District I voting, and by trustees $850,000 Settlement Page 21Moved to by district elections via I stipluated judgment; mayor City of Q':':fden Grove elected at large ··- $290,000' Settlement . - Settled via court order ( consent decree) after vote of the people failed to adopt by district ~ity of Escondido ,elections; mJyor elected at l~~e $385,000 Settlement ··- Agreed to move to cumulative City of§_~ta Clarita voting method ii $600,000 Settlement .. $125,000/Settle~ent -. -- Stipulated judgment, court ordered City of Visalia ~ :;;~ts;.,o;~ ,:-i; dis~ct; ... i. - $599,500 I Settlement. City of Santa Barbara mayor remains electec!_at large -.... ·--·-·-·-----_......:.._ __________ . ··--·--- i Agreed to pay attorneys fees - / negotiate in good faith; required icing measure on November City of Fullerton____ O1~-~allot to m()ye to districts .. undisclosed Settlement --·--·-···--------···----.. ·--·. -·--- ettled before lawsuit filed; agreed City of~~r':?~~-~· Ito ballot measure . . ·~,~ ... $43,000 Settlement --------··-- Agreed to place ballot measure on City of Bellflower ·---'November 2016 ballot_ lJ!ldiscl()..'.'ed Settlement ---· -----------------· Agree to move to by district i Sulphur Springs School metho~ --~-----· · $144,000 Settlement District ---------------------~------------·· ----···---·--------··--- --------------.... -----· -·-· -----·----------. ---··---··-··· -----------·····--· ------------· -·--···-·-TOTAL PAYMENTS TO PLAINTIFFS' ATTORNEYS $14,482,oool Page 22 RESOLUTION NO. 2017-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING LINE DRAWING CRITERIA FOR ADJUSTING COUNCIL DISTRICT BOUNDARIES Exhibit 5 WHEREAS, the City Council of the City of Carlsbad ("City") was elected under an "at large" election system whereby Councilmembers were elected by voters of the entire City; and WHEREAS, the City Council is considering a change to the "by district" elections whereby each Councilmember must reside within the designated district boundary and is elected only by voters of that district; and WHEREAS, the Federal Voting Rights Act (42 U.S.C. Section 1973) prohibits the use of any voting qualification, or prerequisite to voting, or standard practice or procedure in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color; and WHEREAS, federal law and the equal protection clause require that each district be equal in population to ensure compliance with the "one person, one vote" rule; however, deviations approximating five to ten percent may pass muster under the equal protection clause where required to meet an official criteria; and WHEREAS, the City Council has instructed its demographer and city staff to develop draft maps that fully comply with legal requirements and intends to provide official criteria for any needed deviations. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Carlsbad does hereby adopt the following criteria to guide the establishment of districts for council elections: 1. Each Council District shall contain a nearly equal number of inhabitants; and 2. Council District borders shall be drawn in a manner that complies with the Federal Voting Rights Act; and 3. Council districts shall consist of contiguous territory in as compact form as possible; and Page 23 4. Council districts shall respect communities of interest as much as possible; and 5. Council district bo~ders shall follow visible natural and man-made geographical and topographical features as much as possible; and 6. District borders shall respect the previous choices of voters by avoiding the creation of head-to-head contests between Councilmembers previously elected by the voters, insofar as this does not conflict with Federal or State Law. PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the 30th day of May, 2017, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. (SEAL) - 2 - ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: July 18, 2017 Mayor and City Council Kevin Crawford, City Manager Celia Brewer, City Attorney 760-434-2891 CAReview c6 AGENDA ITEM SUPPLEMENTAL INFORMATION Subject: Supplemental Memorandum -Agenda Item No. 1: Minor Revision to Voting District Map Following the City Council's July 11, 2017 public hearing, where the Council directed staff to prepare an Ordinance adopting the "Cohen-Flock 1" map as the City's voting district map, the City has received comments from the public that a very small portion of the Terramar Homeowners' Association (affecting 111 people) was not included in Voting District 2 with the remainder of the Association. In response to this concern, the City's demographer has prepared a slightly revised version of the Cohen-Flock 1 map (attached to Exhibit 1) that divides a census block and moves these 111 people into Voting District 2 to keep the Terramar Homeowners' Association intact. If the Council is so inclined, instead of introducing for first reading the Ordinance adopting the original version of the Cohen-Flock 1 map, the Council may, at its July 18 hearing, instead introduce for first reading the attached Ordinance adopting the slightly revised version. Elections Code section 10010 states, in pertinent part, "[t]he first version of a draft map shall be published at least seven days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven days before being adopted." Here, the first version of the Cohen-Flock i map has been posted for well over seven days before this July 18 hearing. The map will not actually be adopted until, at the earliest, the Council's July 25, 2017 meeting, following a second reading of the Ordinance. As a result, this revised version of the map -which was published on July 16, 2017 -will have been published seven days before its adoption. Exhibits 1. Ordinance with revised map attached Page 1 ORDINANCE NO. CS-322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS (GOVERNMENT CODE §34886 AND ELECTION CODE §10010) Exhibit 1 WHEREAS, the City of Carlsbad supports the full participation of all citizens in electing members of the City Council; and WHEREAS, the City of Carlsbad currently elects its four (4) members of the City Council using an at-large election system, with a separately elected mayor, where candidates may reside in any part of the City and each member of the City Council is elected by the voters of the entire City; and WHEREAS, California Government Code Section 34886, effective January 1, 2017, permits the City Council of any city to change the City's method of election by ordinance to a "by-district" system in which each member of the City Council is elected only by the voters in the district in which the candidate resides, and permits the mayor to continue to be elected at-large, in accordance with California Government Code Section 34871, subdivision (c); and WHEREAS, under the provisions of California Elections Code Section 10010, a city that changes from an at-large city council method of election to a by-district city council method of election requires a total of five public hearings, which includes at least two public hearings regarding potential voting district boundaries prior to the release and consideration of any draft voting district maps, and two public hearings following the release of draft voting district map(s); and WHEREAS, at regular meeting of the City Council of the City of Carlsbad held on the 9th day of May, 2017, the City Council adopted Resolution No. 2017-083 that initiated the process of establishing a by-district election system and adopting the schedule therefore; and WHEREAS, thereafter, at a special and regular meeting of the City Council of the City of Carlsbad held on the 30th day of May, 2017 and the 13th day of June, 2017, respectively, pursuant to California Elections Code Section 10010(a)(l), the City Council held public hearings where the public was invited to provide input regarding the composition of the City's voting districts before any draft maps were drawn, and the City Council of the City of Carlsbad considered and discussed the same; and WHEREAS, at the special meeting of the City Council of the City of Carlsbad held on the 30th day of May, 2017, the City Council adopted Resolution No. 2017-097 setting forth the mandatory and permissive criteria to be considered when drawing voting district maps; and WHEREAS, thereafter, at a special and regular meeting of the City Council of the City of Carlsbad held on the 29th day of June, 2017 and the 11th day of July, 2017, respectively, pursuant to California Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released at least seven (7) days before each meeting, and the proposed sequence of elections, and the City Council of the City of Carlsbad considered and discussed the same; and Page 2 WHEREAS, at the regular meeting of the City Council of the City of Carlsbad held on the 11th day of July, 2017, the City Council directed staff to draft an ordinance adopting the voting district map known as the "Cohen-Flock 1" map and putting the Council District 1 and 3 seats on the 2018 ballot, and the Council District 2 and 4 seats on the 2020 ballot; and WHEREAS, at the regular meeting of the City Council of the City of Carlsbad held on the 1gth day of July, 2017, the City Council chose to consider the afore referenced map with a minor modification known as the "Cohen-Flock 1 Map with central beach Census Blocks adjustments" (Attached hereto as Attachment A); and WHEREAS, at the regular meeting of the City Council of the City of Carlsbad held on the 18th day of July, 2017, the City Council held a final public hearing on the proposal to establish district boundaries, reviewed additional public input, formally selected the voting district map and the election sequence attached to, incorporated in, and set forth in this Ordinance, which was introduced for a first reading at the same regular meeting of the City Council of the City of Carlsbad; and WHEREAS, throughout the foregoing process, the City engaged in a significant amount of public outreach and engagement above and beyond the public hearings and other procedures required by California Elections Code Section 10010, including, but not limited to, two public workshops; and WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code Section 34886, an ordinance providing for the election of members of the City Council of the City of Carlsbad by-district in four single-member districts as reflected in Attachment A to this Ordinance, with the Mayor elected at-large, in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of Section 7 of Article 1 and of Section of Article II of the California Constitution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that: SECTION 1. The foregoing recitals are true and correct. SECTION 2. Chapter 2.04 of the Carlsbad Municipal Code is hereby amended by adding new Sections 2.04.070, 2.04.080 and 2.04.090 to read as follows: 2.04.070 By-District Electoral System. Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.090 of this Chapter, beginning in November 2018, members of the city council shall be elected on a by-district basis from four (4) single-member Council Districts. The mayor shall be separately elected on a City-wide basis. The City's by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c). Page 3 2.04.080 Establishment of City Council Electoral Districts. A. Pursuant to Section 2.04.070 of this Chapter, members of the city council shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four Council Districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law: 1. Council District 1 shall comprise all that portion of the City reflected on Attachment A. 2. Council District 2 shall comprise all that portion of the City reflected on Attachment A. 3. Council District 3 shall comprise all that portion of the City reflected on Attachment A. 4. Council District 4 shall comprise all that portion of the City reflected on Attachment A. B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this Section and subsequently reapportioned pursuant to applicable State and federal law. C. Except as provided in subdivision D herein and notwithstanding any other provision of this Chapter, once this Ordinance is fully phased in, the member of the city council 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 34882 and Elections Code section 10227. Termination of residency in a district by a member of the city council shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days after the termination of residency. D. Notwithstanding any other prov1s1on of this Section, and consistent with the requirements of California Government Code Section 36512, the members of the city council 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 member of the city council, excluding the separate office of mayor, that member of the city council's successor shall be elected on a by-district basis in the districts established in this Section and as provided in Section 2.04.090 of this Chapter. E. Nothing in this Section shall effect the election of the mayor, who shall remain elected on a City-wide basis, in accordance with Sections 2.04.020 and 2.04.060 of this Chapter and Chapter 2.06 of this code. Page 4 2.04.090 Election Schedule. Except as otherwise required by California Government Code Section 36512, the members of the city council shall be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be . amended. Members of the city council shall be elected from Council Districts 2 and 4 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 3. A map showing the districts described in this Ordinance and codified in Section 2.04.080 of the City of Carlsbad Municipal Code is attached hereto as Attachment A and incorporated herein by reference. SECTION 4. 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. SECTION 5. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof. SECTION 6. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes. SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Carlsbad hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption (scheduled for July 25, 2017); and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. II Page 5 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _ day of 2017, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ , 2017, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Page 6 City of Carlsbad -Cohen-Flock 1 with block splits map District 1 2 3 4 Total Ideal Total Pop 25,457 25,544 27,065 27,262 105,328 21,066 Deviation from ideal -875 -788 733 930 1,805 0/o Deviation -3.32% -2.99% 2.78% 3.53% 6.85% %Hisp 20% 15% 11% 8% 13% Total Pop %NH White 72% 71% 75% 82% 75% %NH Black 1% 2% 2% 1% 2% 0/o Asian-American 5% 11% 11% 8% 9% Total 20,823 18,696 20,111 20,332 79,962 %I-lisp 17% 13% 9% 7% 12% Voting Age Pop %NH White 75% 74% 78% 84% 78% % NH Black 1% 2% 2% 1% 1% 0/o Asian-American 5% 10% 10% 7% 8% Total 19,059 18,106 21,222 20,882 79,269 Citizen Voting Age %Hisp 16% 12% 11% 7% 11% %NH White 78% 77% 77% 84% 79% Pop % NH Black 1% 1% 2% 1% 1% % Asian/Pac.Isl. 5% 9% 9% 6% 7% Total 14,484 15,405 16,909 18,168 64,966 0/o Latino est. 12% 9% 7% 5% 8% 0/o Asian-Surnamed 2% 5% 5% 3% 4% Voter Registration % Filipino-Surnamed 1% 1%. 1% 0% 1% (Nov 2014) % Spanish-Surnamed 11% 9% 6% 5% 7% % NH White est. 82% 84% I 84% 90% 85% % NH Black 1% 1% 2% 1% 1% Total 6,647 7,583 8,295 9,635 32,159 0/o Latino 9% 7% 5% 4% 6% Voter Turnout o/o Asian-Surnamed 2% 4% 4% 3% 3% % Filipino-Surnamed 0% 1% 1% 0% 1% (Nov 2014) % Spanish-Surnamed 8% 6% 5% 4% 5% % NH White est. 86% 88% 87% 91% 88% %NH Black 1% 1% 2% 1% 1% Total 11,130 12,474 13,579 15,380 52,563 o/o Latino 10% 8% 7% 5% 7% Voter Turnout 0/o Asian-Surnamed 2% 4% 4% 3% 3% (Nov2012) % Filipino-Surnamed 1% 1% I 1% 1% 1% % Spanish-Surnamed 9% 7% 6% 4% 6% % NH White est. 85% 86% 86% 90% 87% % NH Black est. 1% 1% 2% 1% 1% ACS Pop. Est. Total 25,216 27,149 29,578 27,974 109,917 age0-19 18% 28% 26% 26% 25% Age age20-60 58% 53% 54% 52% 54% age60plus 24% 19% 20% 22% 21% Immigration im:migran ts 15% 15% 16% 12% 14% naturalized 44% 67% 69% 72% 63% Language spoken at english 79% 80% 82% 89% 83% home spanish 14% 10% 8% 4% 9% asian-lang 2% 5% 5% 3% 4% other Jang 4% 5% 5% 4% 4% Language Fluency Speaks Eng. "Less 9% 6% 6% 4% 6% than Very Well" Education (among hs-grad 49% 43% 38% 38% 42% bachelor 24% 32% 35% 34% 31% those age 25+) graduatedegree 18% 21% 24% 26% 22% Child in Household child-underl 8 20% 35% 34% 34% 31% Work (percent of employed 60% 59% 60% 56% 59% Commute on Public pop age 16+) Transit 3% 2% 2% 1% 2% income 0-25k 15% 14% 14% 15% 14% income 25-SOk 20% 13% 11% 12% 14% Household Income income 50-75k 18% 15% 11% 10% 14% income 7 5-200k 39% 43% 46% 42% 42% income 200k-plus 8% 15% 19% 22% 16% single family 52% 31% 31% 20% 34% multi-family 38% 63% 61% 73% 59% Housing Stats vacant 10% 6% 8% 7% 8% occupied 90% 94% 92% 93% 92% rented 57% 33% 34% 21% 36% owned 43% 67% 66% 79% 64% Total and Voting Age population data from the 2010 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter.registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estirr NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2011~2015 American Community Survey and Special Tabulation 5-year data. Page 8 CITY OF CARLSBAD NOTICE OF PUBLIC HEARING ( ;,: ... :;;___ NOTICE IS HEREBY GIVEN the City Council of the City of Carlsbad will hold a public hearing at 9 a.m., or as soon thereafter as it may be heard, in the Council Chamber at Carlsbad City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, on the following dates: Tuesday, July 18, 2017 The purpose of the public hearing is to receive public input regarding the draft maps of potential Council election district boundaries created by members of the public and National Demographics Corporation. The proposed maps to be discussed will be made publicly available at least seven days before that hearing. Following further public input and discussion regarding the proposed district maps, the Council will consider introducing an Ordinance for first reading establishing by- district elections, adopting district boundaries and setting forth the election transition plan. All interested parties are invited to attend the public hearing(s) and express opinions or submit information. The public hearings may be continued from time to time, as necessary, by giving notice at the aforementioned hearing. Copies oft he staff report will be available Thursday, July 13, 2017. If you have any questions, please contact the City Attorney's Office at 760-434-2891 or attorney@carlsbadca.gov. Information about district elections, why the city is making this change and the process is available on the city website, http://www.carlsbadca.gov/districts If a person wishes to challenge, in court, any action the City Council may take regarding the subject matter of the public hearing, then that person may be limited to raising only those issues raised at the subject public hearing or in written correspondence timely delivered to the City Clerk at, or prior to, the public hearing. CITY OF CARLSBAD CITY COUNCIL Publish: July 14, 2017. CIUDAD DE CARLSBAD NOTIFICACION DE AUDIENCIA PUBLICA SE NOTIFICA POR MEDIC DEL PRESENTE que el Concejo Municipal de la Ciudad de Carlsbad tendra una audiencia publica a las 9:00 a.m., o lo antes posible despues de esto que se pueda escuchar, en la Camara de Concejo en la Sala Municipal de Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, en las siguientes fechas: Martes, 18 de julio de 2017 El prop6sito de las audiencia publica es para recibir comentarios del publico sobre los mapas en borrador de fronteras potenciales de distritos electorales del Concejo creados por los miembros del publico y por La Corporaci6n Nacional de Dem6grafos. Los mapas propuestos que seran discutidos se pondra a disposici6n del publico por lo menos siete dfas antes de esa audiencia. Despues de recibir mas comentarios y discusi6n del publico acerca de los mapas distritales propuestos, el Consejo Municipal podra considerar la introducci6n de una Ordenanza que establezca elecciones por distrito, la adopci6n de los limites del distrito y el establecimiento del plan de transici6n electoral. Se invita a todas las partes interesadas a asistir a la o las audiencias publicas ya expresar opiniones o a presentar informaci6n. Es posible que se continuen las audiencias publicas de vez en cuando, segun surja la necesidad, dando notificaci6n en la audiencia antes mencionada. Las copias del informe del personal estaran disponibles a partir del lunes, 13 de julio de 2017. Si tuviera alguna pregunta, por favor p6ngase en contacto con la Oficina del Abogado de la Ciudad a 760-434-2891 o por correo electr6nico a attorney@carlsbadca.gov. Hay mas informaci6n sobre las elecciones de distrito, la raz6n por este cambio, y el proceso, en el sitio web de la ciudad, http://www.carlsbadca.gov/districts. Si alguna persona quisiera desafiar en corte cualquier acci6n que el Concejo Municipal pudiera tomar acerca del tema de la audici6n publica, tal persona estara limitada a plantear solo aquellos temas que se planteen en la audici6n publica del tema, o en correspondencia entregada oportunamente a la Oficina de la Secretaria de la Ciudad, antes de la fecha de la audiencia publica. CIUDAD DE CARLSBAD CONCEJO MUNICIPAL Publicar: 14 de julio de 2017. CIUDAD DE CARLSBAD NOTIFICACION DE AUDIENCIA PUBLICA SE NOTIFICA POR MEDIC DEL PRESENTE que el Concejo Municipal de la Ciudad de Carlsbad tendra una audiencia publica a las 9:00 a.m., o lo antes posible despues de esto que se pueda escuchar, en la Camara de Concejo en la Sala Municipal de Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, en las siguientes fechas: Martes, 18 de julio de 2017 El prop6sito de las audiencia publica es para recibir comentarios del publico sabre los mapas en borrador de fronteras potenciales de distritos electorales del Concejo creados por los miembros del publico y por La Corporaci6n Nacional de Dem6grafos. Los mapas propuestos que seran discutidos se pondra a disposici6n del publico por lo menos siete dfas antes de esa audiencia. Despues de recibir mas comentarios y discusi6n del publico acerca de los mapas distritales propuestos, el Consejo Municipal podra considerar la introducci6n de una Ordenanza que establezca elecciones por distrito, la adopci6n de los lfmites del distrito y el establecimiento del plan de transici6n electoral. Se invita a todas las partes interesadas a asistir a la o las audiencias publicas ya expresar opiniones o a presentar informaci6n. Es posible que se continuen las audiencias publicas de vez en cuando, segun surja la necesidad, dando notificaci6n en la audiencia antes mencionada. Las copias del informe del personal estaran disponibles a partir del lunes, 13 de julio de 2017. Si tuviera alguna pregunta, por favor p6ngase en contacto con la Oficina del Abogado de la Ciudad a 760-434-2891 o por correo electr6nico a attorney@carlsbadca.gov. Hay mas informaci6n sabre las elecciones de distrito, la raz6n por este cambio, y el proceso, en el sitio web de la ciudad, http://www.carlsbadca.gov/districts. Si alguna persona quisiera desafiar en carte cualquier acci6n que el Concejo Municipal pudiera tomar acerca del tema de la audici6n publica, tal persona estara limitada a plantear solo aquellos temas que se planteen en la audici6n publica del tema, o en correspondencia entregada oportunamente a la Oficina de la Secretaria de la Ciudad, antes de la fecha de la audiencia publica. CIUDAD DE CARLSBAD CONCEJO MUNICIPAL Publicar: 14 de julio de 2017. AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK ? / DATE OF PUBLIC HEARING: -~~ii~j~fiBlf ~,t!if~. -[__,Z7J_j_/]8~/t_l nz/ __ _ D ... SUBJECT: )~ t~ti, d [LQ. ~ LOCATION: DATE NOTICES MAILED TO PROPERTY OWNERS: ----------- NUMBER MAILED: ------- }J o I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Signature) (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: ~ Union Tribune '\ D Coast News PUBLICATION DATE: Union Tribune -)Lu/I-; --~.'----""'"--+--"____,_ ________ _ Coast News ---------------- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. ,/-7 · ~ . / , . . / -~ ,.____., ,_./··t J---·· .. ---. / ~..... ,._ _____ .. Date: ~7~/~wh~/7+------- c.7 (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments CITY OF CARLSBAD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the City Council of the City of Carlsbad will hold a public hearing at 9 a.m., or as soon thereafter as it may be heard, in the Council Chamber at Carlsbad City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, on the following dates: Tuesday, July 18, 2017 The purpose of the public hearing is to receive public input regarding the draft maps of potential Council election district boundaries created by members ofthe public and National Demographics Corporation. The proposed maps to be discussed will be made publicly available at least seven days before that hearing. Following further public input and discussion regarding the proposed district maps, the Council will consider introducing an Ordinance for first reading establishing by- district elections, adopting district boundaries and setting forth the election transition plan. All interested parties are invited to attend the public hearing(s) and express opinions or submit information. The public hearings may be continued from time to time, as necessary, by giving notice at the aforementioned hearing. Copies of the staff report will be available Thursday, July 13, 2017. If you have any questions, please contact the City Attorney's Office at 760-434-2891 or attorney@carlsbadca.gov. Information about district elections, why the city is making this change and the process is available on the city website, http://www.carlsbadca.gov/districts If a person wishes to challenge, in court, any action the City Council may take regarding the subject matter of the public hearing, then that person may be limited to raising only those issues raised at the subject public hearing or in written correspondence timely delivered to the City Clerk at, or prior to, the public hearing. CITY OF CARLSBAD CITY COUNCIL Posted: July 7, 2017 Publish: July 7, 2017 and July 14, 2017. CIUDAD DE CARLSBAD NOTIFICACION DE AUDIENCIA PUBLICA SE NOTIFICA POR MEDIC DEL PRESENTE que el Concejo Municipal de la Ciudad de Carlsbad tendra una audiencia publica a las 9:00 a.m., o lo antes posible despues de esto que se pueda escuchar, en la Camara de Concejo en la Sala Municipal de Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, en las siguientes fechas: Martes, 18 de julio de 2017 El prop6sito de las audiencia publica es para recibir comentarios del publico sobre los mapas en borrador de fronteras potenciales de distritos electorales del Concejo creados por los miembros del publico y por La Corporaci6n Nacional de Dem6grafos. Los mapas propuestos que seran discutidos se pondra a disposici6n del publico por lo menos siete dfas antes de esa audiencia. Despues de recibir mas comentarios y discusi6n del publico acerca de los mapas distritales propuestos, el Consejo Municipal podra considerar la introducci6n de una Ordenanza que establezca elecciones por distrito, la adopci6n de los lfmites del distrito y el establecimiento del plan de transici6n electoral. Se invita a todas las partes interesadas a asistir a la o las audiencias publicas ya expresar opiniones o a presentar informaci6n. Es posible que se continuen las audiencias publicas de vez en cuando, segun surja la necesidad, dando notificaci6n en la audiencia antes mencionada. Las copias del informe del personal estaran disponibles a partir del lunes, 13 de julio de 2017. Si tuviera alguna pregunta, por favor p6ngase en contacto con la Oficina del Abogado de la Ciudad a 760-434-2891 o por correo electr6nico a attorney@carlsbadca.gov. Hay mas informaci6n sobre las elecciones de distrito, la raz6n por este cambio, y el proceso, en el sitio web de la ciudad, http://www.carlsbadca.gov/districts. Si alguna persona quisiera desafiar en corte cualquier acci6n que el Concejo Municipal pudiera tomar acerca del tema de la audici6n publica, tal persona estara limitada a plantear s61o aquellos temas que se planteen en la audici6n publica del tema, o en correspondencia entregada oportunamente a la Oficina de la Secretaria de la Ciudad, antes de la fecha de la audiencia publica. CIUDAD DE CARLSBAD CONCEJO MUNICIPAL Enviado: 7 de julio de 2017 Publicar: 7 de julio de 2017 y 14 de julio de 2017.