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HomeMy WebLinkAbout2021-03-09; City Council; ; City Council Redistricting DiscussionMeeting Date: Mar. 9, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Cindie K. McMahon, Assistant City Attorney cindie.mcmahon@carlsbadca.gov, 760-434-2891 Sheila Cobian, Assistant to the City Manager sheila.cobian@carlsbadca.gov, 760-434-2917 Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 760-434-5989 Subject: City Council Redistricting Discussion Districts: All Recommended Action Engage in a discussion regarding the regulations and options surrounding redistricting of City Council boundaries and provide direction to staff. Executive Summary The Carlsbad City Council voted in July 2017 to change the way City Council members are elected, creating four districts that were to be phased in during the 2018 and 2020 elections. The districts were drawn based on the 2010 census data. Now that the 2020 census has been conducted and the data will soon be released, the City of Carlsbad must initiate the proceedings to reevaluate and redraw its districts. Discussion Background In April 2017, the city received a letter from a law firm claiming that the city was violating the California Voting Rights Act of 2001 (California Elections Code sections 14025-14032) because City Council members were elected at-large rather than by districts. At that time, dozens of local government agencies in California faced similar challenges. On May 9, 2017, the City Council adopted Resolution No. 2017-083, expressing the City Council’s intention to initiate procedures for establishing and implementing by district election for Carlsbad City Council members. After the resolution was adopted, and in accordance with the Voting Rights Act, the city held five public hearings and two community workshops in the north and south parts of the city to gather input and allow members of the community to participate in the creation of districts by drawing their own maps for the City Council’s consideration. At the conclusion of this process, on July 25, 2017, the City Council adopted an ordinance implementing district-based elections for City Council members. These provisions may be found Mar. 9, 2021 Item #5 Page 1 of 7 in Carlsbad Municipal Code Chapter 2.04 – Election Officials, specifically in Sections 2.04.060- 2.04.080. Following each federal decennial census, a city with district-based elections must redraw the district boundaries so they have substantially equal populations and they comply with the federal and state constitutions and the federal Voting Rights Act of 1965. This process is referred to as redistricting. The redistricting requirements for charter cities that have not adopted redistricting criteria in their charters are located in California Elections Code Sections 21620-21630. District boundaries criteria California Elections Code Section 21621(c) requires the City Council to adopt district boundaries using the following criteria, in the following order of priority: 1. To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. 2. To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents or political candidates. 3. Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets or by the boundaries of the city. 4. To the extent practicable, and where it does not conflict with the preceding criteria, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations. The City Council may not adopt council district boundaries for the purpose of favoring or discriminating against a political party. Public hearings Before adopting the council district boundaries, the City Council must conduct at least four public hearings • At least one before draft maps are drawn • At least two after draft maps are drawn • At least one on a Saturday, Sunday or after 6 p.m. Monday through Friday In lieu of the holding the public hearing before draft maps are drawn, the City Council may have city staff or a consultant conduct one or more public meetings. The dates, time and location of the public hearings must be posted online at least five days before the hearings and the hearings must be conducted at the times specified. If the city decides to hold public meetings in addition to the required hearings, notice of those meetings must also be posted online at least five days in advance. In addition, no maps may be published until three weeks after release of the official census data, which is anticipated to be at the end Mar. 9, 2021 Item #5 Page 2 of 7 of September 2021. The final map must be posted online at least seven days before its adoption. Outreach The Elections Code provision applicable to the initial establishment of district boundaries did not require any public outreach beyond conducting two meetings before and two meetings after maps were drawn. The Elections Code provisions applicable to the redistricting process require the city to take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps include: • Media outreach • Outreach to good government, civil rights, civic engagement and community groups • Live translation, if requested 72 hours in advance of a public hearings or meetings (or 48 hours in advance for hearings or meetings for which there is less than five days’ notice) • Publication of notices on the internet • Publication of a draft map at least seven days before adoption • Publication of relevant demographic data • Public testimony opportunities at hearings or workshops • Receipt of maps or testimony from the public in writing and electronically • Creation of webpages dedicated to the redistricting process Recordkeeping The Elections Code provision applicable to the initial establishment of district boundaries did not require any particular recordkeeping. Now the city must record or prepare a written summary of each public comment and council deliberation made at every public hearing and other public meetings held. The recordings and written summaries must be made available to the public within two weeks after the hearing or other public meeting. In addition, the webpages created must be maintained for 10 years in languages to be prescribed by Secretary of State, presumably Spanish and English, and must include the following: • An explanation of the redistricting process • Procedures for testifying or submitting written testimony • A calendar of all hearings and other public meetings • Notice and the agenda for each hearing and public meeting • A recording or written summary of each hearing and public meeting • All draft maps and the adopted map Commission formation The City Council may form a commission to facilitate the redistricting process. There are three types of commissions: • Advisory Redistricting Commission - A body that recommends to the City Council placement of the district boundaries • Hybrid Redistricting Commission - A body that recommends to the City Council two or more maps for the placement of the district boundaries, and the City Council must adopt one of those maps without modification, except as may be otherwise required to comply with state or federal law Mar. 9, 2021 Item #5 Page 3 of 7 • Independent Redistricting Commission - A body, other than the City Council, that is empowered to adopt the district boundaries Public engagement considerations The City Council may choose to hold public meetings beyond the four required public hearings. These may be in person, virtual or both. The following are options for the City Council’s consideration: Mapping workshops: The city held two hands-on mapping workshops during the 2017 process, one at the Harding Community Center and one at the City Library on Dove Lane. These workshops included a brief overview of the redistricting process and a demonstration of the online mapping tool provided by the city’s consultant. Participants could try out the online mapping tool at the meeting and ask questions as they learned to use it. The consultant has since updated its online tools, reducing the need for hands-on training. However, since mapping is at the heart of this process, a workshop focused on how to make maps could still be very helpful to the community. Neighborhood input: Not all community members will have the time and level of interest needed to create detailed maps. The city could create an online engagement tool and invite residents to simply draw what they consider to be the boundaries of their own neighborhoods. This will help demonstrate where communities of interest may be located. Such a simple interface would not require special skills, and this could allow more people to become engaged in the process. Multi-cultural outreach: The city may wish to consider a tailored engagement approach for residents who would prefer to provide input in Spanish, promoted through neighborhood leaders’ outreach. Online survey: Once the City Council has narrowed down potential maps, the public could be invited to provide feedback on the maps through an online survey. This would help more people get involved in the process, beyond those who may come to a public meeting. Virtual public meeting: The city could choose to hold one or more virtual public meetings for the public to learn about the process and ask questions of the city’s demographer. The current deadline for completing the redistricting process and adopting the redrawn district boundaries is April 17, 2022, although the city may adopt a different redistricting deadline by ordinance. Mar. 9, 2021 Item #5 Page 4 of 7 Estimated timeline* March 9, 2021 City Council receives a presentation about updated requirements and options for a commission and public engagement June - July 2021 Public awareness program about upcoming redistricting Sept. 30, 2021 Estimated date updated Census data becomes available Oct. 2021 Hold one or two public hearings with focus on neighborhood definitions and demonstrations on how to use the public mapping tools Oct. 30, 2021 Estimated date state releases adjusted Census population data Nov. 21, 2021 Estimated date city can start releasing draft maps Nov. - Dec. 2021 Time for public to draw or finish initial draft maps (at least 3 weeks) Potential mapping workshops Potential neighborhood mapping engagement Jan. - March 2022 Hold at least 2 additional public hearings to discuss, revise and ultimately adopt maps Online survey on draft maps Revised maps posted online Final map adopted as an ordinance with first and second reading April 17, 2022 Deadline to adopt final map * This timeline assumes the City Council will retain decision-making authority over redistricting. If the council decides to appoint an independent redistricting commission, that body would take actions at the key milestones listed above. Discussion points • Does the City Council wish to proceed with retaining the decision-making authority over redistricting? Or, does the council wish to appoint a commission? • How many public hearings should be held? How many of these would be before the drawing of the draft maps? Would these be in a public or virtual format or both? • What type of additional outreach and public engagement does the council wish to consider? Fiscal Analysis The approved fiscal year 2020-21 budget for the City Clerk’s Office includes the funding necessary to initiate redistricting efforts. Additional funding will be requested as part of the City Clerk’s Office’s and Communication & Engagement Department’s fiscal year 2021-22 budgets for the expenses associated with conducting public hearings, community outreach and publication requirements for the redistricting efforts. Mar. 9, 2021 Item #5 Page 5 of 7 Next Steps Staff will return at a future City Council meeting with a resolution memorializing the approach to redistricting the City Council chooses along with a detailed timeline. Environmental Evaluation (CEQA) This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, does not require environmental review. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Proposed draft timeline Mar. 9, 2021 Item #5 Page 6 of 7 Dates Event March 9, 2021 •City Council decides whether to form a commission June/July 2021 •Begin public awareness program about upcoming redistricting •Build project website Sept. 30, 2021 •Estimated date updated federal census data becomes available Oct. 2021 •Hold 1-2 public outreach meetings – with focus on neighborhood definitions and showing how to use the public mapping tools •If demographer can develop estimated population data that is believed to be sufficiently accurate, residents able to develop initial draft maps Oct. 30, 2021* •Estimated date California releases adjusted census population data* Nov. 21, 2021 •Estimated date city can start releasing draft maps (21 day waiting period) November – December 2021 •Demographer applies census data to existing districts and identifies any population imbalances •Time for citizens to draw or finish initial draft maps (at least 3 weeks) •Demographer processes maps from the public •Demographer draws draft maps •Demographer creates demographic reports and proposed election sequences for all draft maps •Draft maps posted online and available at City of Carlsbad January – March 2022 •Hold at least 2 additional public hearings to discuss, revise and ultimately adopt maps •Online survey on draft maps •Revised maps posted online and available at City of Carlsbad •Final map adopted as an ordinance, with first and second reading April 17, 2022 (Election Minus 205) •Statutory deadline to adopt map ordinance Nov. 8, 2022 •Election Day Exhibit 1 Mar. 9, 2021 Item #5 Page 7 of 7 Sheila Cobian, Assistant to the City Manager Faviola Medina, City Clerk Services Manager Cindie McMahon, Assistant City Attorney March 9, 2021 City Council Redistricting Discussion Background •In 2017 transitioned to by district elections •Following federal decennial census must redraw district boundaries •Redistricting requirements are located in California Elections Code Sections 21620-21630 District Boundaries Criteria •Council districts shall be geographically contiguous •To extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected •Shall be identifiable & understandable by residents •Districts shall be drawn to encourage geographical compactness Requirements •Four public hearings before final map adoption •At least one public hearing/meeting before maps drawn •At least two public hearings after maps are drawn •At least one hearing on a Saturday, Sunday or after 6 p.m. Monday through Friday Outreach/Engagement •Good faith effort to engage community to participate – underrepresented / non-English speaking communities •Media outreach •Good government, civil rights, civic engagement & community groups •Live translation upon request (72 hours prior to hearing) •Public testimony on maps in person & electronically Website Requirements •Draft maps and demographic information available 7 days prior to adoption •Agenda and public hearing notices published 5 days prior to meetings •Website retained for 10 years •Explanation of redistricting process •Procedures for public participation in hearing •All draft maps considered and adopted final map Approach to Redistricting Process •City Council conduct all hearings & direct staff as to desired level of public outreach & engagement •Appoint an Advisory Redistricting Commission (a body that recommends to the Council placement of the district boundaries) Approach to Redistricting Process •Appoint a Hybrid Redistricting Commission –Recommends two or more maps for the placement of the district boundaries & City Council must adopt one without modifications •Appoint an Independent Redistricting Commission –A body other than the Council that would be empowered to “independently” adopt the district boundaries Public Engagement Considerations •Mapping workshops •Neighborhood input •Multi-cultural outreach •Online survey •Virtual public meetings Proposed Timeline June –July 2021 Begin public awareness program Sept. 30, 2021 Estimated date updated Census becomes available Oct. 2021 Hold one or two public hearings Oct. 30, 2021 Adjusted Census population data is released Nov. 21, 2021 Estimated date city can start releasing draft maps Nov. –Dec. 2021 Time for public to draw or finish initial draft maps Jan. –March 2022 Hold at least 2 additional public hearings April 17, 2022 Deadline to adopt final map Discussion Points •Does the City Council wish to proceed with retaining the decision-making authority over redistricting or appoint a commission? •How many public hearings should be held before drawing draft maps? •What type of additional outreach & public engagement does the City Council wish to occur? Questions?