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Home My WebLink About2021-09-09; Independent Redistricting Commission; ; Public input receivedCA Review CKM Meeting Date: Sept. 9, 2021 To: Independent Redistricting Commission Staff Contact: Kristina Ray, Communication & Engagement Director kristina.ray@carlsbadca.gov, 760-434-2957 Subject: Public input received Recommended Action Consider input provided by the public. Discussion As part of the redistricting process, staff is actively seeing input from the community to assist the Independent Redistricting Commission in understanding the community’s needs, values and priorities related to communities of interest and district boundaries. Staff will share input received with the commission at each of its meetings. Although the public engagement process to date has primarily focused on information sharing, community members have provided some feedback, which is attached as Exhibit 1. A survey is currently being conducted on communities of interest. Feedback gathered through that survey, along with other public comments, will be shared at the public hearing on Sept. 23, 2021. Fiscal Analysis This action has no fiscal impact. Environmental Evaluation In keeping with California Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act 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, it does not require environmental review. Public Notification and Outreach This item was noticed 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.Public input as of Sept. 1, 2021 Sept. 9, 2021 Item #5 Page 1 of 11 City Council Redistricting Public Input Received Through Sept. 1, 2021 Verbatim transcript of questions and comments received at the Aug. 25 informational webinar: •Will we be able to access the recording of this briefint? •when will we have the final census data for carlsbad and state of ca? •How/why were the number of districts decided? •How is redistriciting to be affected by the housing plan update? •What is the opinion of how the districts are currently drawn? •Is it possible to share the full schedule of planned mapping presentations or inform attendees that tutorials for mapping will be provided for the public, and how many mapping workshops will be held? Thank you, Comissioner Ashton •Why did district one's population drop so much as to require this redistricting? •Does the census data include the number of Carlsbad residents who are registered voters? And is that information reflected in the redistributing? •Before this topic became announced, I always thought the districts were based on geographical quadrants : northwest quadrant, southwest quadrant, northeast quadrant, and southeast quadrant. Is it possible to draw those boundaries as our districts? •I think it also may mean that the other districts grew more than ours. tbd in the new census data. •how many people are on this webinar-less the presenters and support folks? •Was it necessary to draw the district lines in 2018 when they would likely change at this time? •Did a commission draw the lines in 2018 or the city council? •thank you, very informative. •Thank you everyone for attending. Commissioner Ashton Verbatim transcript of questions and comments received at the Aug. 26 informational webinar: •What is the 2020 population of each district? •What is the acceptable difference between district population? Verbatim transcript of questions and comments received at the Sept. 1 informational webinar. •Will this presentation be available to watch on the City's website for people who couldn't attend one of the webinars or if we would like to go through the slides again? Thanks. •The link to the redistricting section of the website from the e-mail reminders does not seem to be working •How do the districts for the State Assembly, State Senate and House of Representaive tie in to the Carlsbad districts •The current map seems to have a couple of elongated, flat districts in the south, does that meet the compact expectation? Exhibit 1 Sept. 9, 2021 Item #5 Page 2 of 11 From:john Siniscal john.siniscal@gmail.com Subject:Redistricting presentation 7/29/21 - Erroneous Data Date:August 4, 2021 at 3:02 PM To:redistricting redistricting@CarlsbadCA.gov Cc:Faviola Medina Faviola.Medina@carlsbadca.gov On page 7 of the 7/29/21 presentation to the redistricting committee, the table showing the districts estimated population and their out of balance amounts has several errors. See my edited page 7 attached for comparison. The total estimated population was off by 2,000 and the total deviation count and percent must be equal to zero, ie, the sum of the deviations in each district must net out to zero. Pretty embarrassing data presentation from National Demographics Corporation. Are they a reliable source to use for this important matter? Regards, John John Siniscal Carlsbad, CA -- john.siniscal@gmail.com Tel. 760-805-7575 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Sept. 9, 2021 Item #5 Page 3 of 11 From:Don Krepps donkrepps@att.net Subject:Introduction to Redistricting | District 1 Date:August 25, 2021 at 9:00 PM To:redistricting redistricting@CarlsbadCA.gov Where can I ﬁnd the recording of this meeting that was conducted 8/25/21? CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Sept. 9, 2021 Item #5 Page 4 of 11 From:fancypants 323 nearndt2@gmail.com Subject:Fabiola Date:August 25, 2021 at 5:38 PM To:redistricting redistricting@CarlsbadCA.gov Is there any way I can watch these meetings at a later date? I wasn't planning on attending the meetings, but wanted to watch. That said I won't be home at 6pm today. Thanks in advance for your help Nancy Arndt CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Sept. 9, 2021 Item #5 Page 5 of 11 From:Gretchen.M. Ashton gretchen.m.ashton@gmail.com Subject:Fwd: City of Carlsbad Redistricting Date:August 6, 2021 at 7:59 PM To:Faviola Medina Faviola.Medina@carlsbadca.gov Good Afternoon Please see the forwarded email for public record. Gretchen M. Ashton, Commissioner Independent Redistricting Commission gretchen.m.ashton@gmail.com 760 271 6069 ---------- Forwarded message --------- From: Candace Paulman <cbpaulman@gmail.com> Date: Fri, Aug 6, 2021, 12:56 PM Subject: City of Carlsbad Redistricting To: <gretchen.m.ashton@gmail.com> Hi Commissioner Ashton, I am a resident of Carlsbad and attended the ﬁrst Redistricting meeting online last week. I wanted to send you a note to let you know I appreciate that you did research and spoke out in the meeting. From my understanding of the redistricting process, it is the Independent Commission's job to make many of the decisions that you brought up in the meeting. This process isn't dictated by the City of Carlsbad nor the demographer. In addition, I heard the part of the meeting where the demographer was hired early by the city because they are in short supply. I know this is not the case. There are many ﬁrms out there that are looking for redistricting contracts and would have put a bid in for the job. I am looking forward to attending a few of the public meetings. Thank you for speaking out for our city! Best, Candace Paulman CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Sept. 9, 2021 Item #5 Page 6 of 11 From: Arnie Cohen <arnter@gmail.com> Sent: Tuesday, August 3, 2021 2:01 PM To: Attorney <attorney@CarlsbadCA.gov> Cc: Manager Internet Email <Manager@CarlsbadCA.gov>; Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Council Redistricting questions Dear Ms. Brewer, I am writing to request clarification on a few issues related to the Council Redistricting process that has now begun. These are important questions that are crucial to inform the Independent Commission, Carlsbad citizens and potential council candidates. 1. If a Council candidate files to run in their resident district before the April 2022 adoption of the new map, and that map results in them no longer living in that district, will they then be disqualified from running? Either way this needs to be highlighted on the City's website and is something that every such candidate needs to understand at the time they turn in their papers. 2. If the new map removes a sitting Council member from their elected district will they be allowed to serve out the remainder of their term? If not, what is the process for replacing them on the Council? Sept. 9, 2021 Item #5 Page 7 of 11 3. Commission Chair Fabiano asked a question at their meeting last week that requires some clarification. In a follow up to the question from Commissioner Cadwallader about which Council districts are coming up in the next election. (see the 1:40:10 mark of the meeting recording - https://livestream.com/cityofcarlsbad/events/9 779217/videos/224182340) He asked "Does that mean that the districts to which we assign the numbers 1 & 3 get a 2022 election date?" After getting an answer "Districts 1 & 3 are up for election in 2022" he further asked "So in other words, whichever districts we give those numbers to have a 2022 election date." The response was "Yes". 4. The question raised by that exchange is whether or not the Commission has the authority to partially or completely change the numbering scheme of the districts, i.e. change 4 to 1, 3 to 2, 2 to 3 and 4 to 1? Is there anything to prevent them from doing that? As always, thanks in advance for your prompt response to these important questions. Sincerely, Arnie Cohen 760-535-4657 Sept. 9, 2021 Item #5 Page 8 of 11 From: Arnie Cohen <arnter@gmail.com> Sent: Tuesday, August 10, 2021 11:43 AM To: Attorney <attorney@CarlsbadCA.gov> Cc: Manager Internet Email <Manager@CarlsbadCA.gov>; Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Re: Council Redistricting questions Thank you for your response. While I appreciate the link to the FAQ's, I am stymied by your comment "the City Attorney’s Office is not able to provide legal advice to members of the community". In no way am I asking for legal advice. I am specifically asking about the "rules of the game" which all citizens and potential Council candidates need to understand. These would seem to be straight legal questions and similar to hundreds of such "rules" the City Attorney has commented on during the course of City Council meetings. If you don't see it that way, please give me an explanation, and an example if you can, as to how answering these questions is legal advice vs. a straight legal definition. As to the questions I asked, in the FAQ's I was only able to find an answer regarding sitting Council members. There is no mention about candidates or about the numbering scheme that might be modified and adopted by the Commission. I was able to find the following about candidates but found nothing about the numbering. Here is what I found in the Elections Code, Section 201 and the Government Code, Section 34882 which both seem to indicate that, as an example, a candidate living in D3 when their nomination papers are issued by the Cty may continue to run for that seat even if the April 2022 adopted map puts them in a different district. Is that correct? " 201. Unless otherwise specifically provided, no person is eligible to be elected or appointed to an elective office unless that person is a registered voter and otherwise qualified to vote for that office at the time that nomination papers are issued to the person or at the time of the person’s appointment." " 34882. A person is not eligible to hold office as a member of a municipal legislative body unless he or she is otherwise qualified, resides in the district and both resided in the geographical area making up the district from which he or she is elected and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. I respectfully request that you answer these 2 remaining open questions or provide a better explanation as to why doing so would fit the definition of legal advice. Sept. 9, 2021 Item #5 Page 9 of 11 Thank you Arnie Cohen From: Arnie Cohen <arnter@gmail.com> Date: August 24, 2021 at 3:15:37 PM PDT To: Teresa Acosta <Teresa.Acosta@carlsbadca.gov> Cc: Priya Bhat-Patel <Priya.Bhat-Patel@carlsbadca.gov> Subject: Election Law re: Redistricting Teresa, It was nice chatting with you at the Meet The Chief event last evening. As we discussed, I'm trying to get clarification on how the current redistricting process impacts those candidates for Council seats who may begin their campaigns BEFORE the new map is adopted, and then find themselves no longer in the district they are running for. Everything I'm seeing indicates their residency in that district is ONLY required "at the time nomination papers are issued". That would seem to be in conflict with your understanding that they must reside in the district on election day. Therein lies the need for clarification on the part of our City Attorney's office so that potential candidates and all Carlsbad voters will have the accurate rules of the game. The law is the law and the answer to this has nothing to do with the Redistricting Commission or process. It only has to do with election law. You and the Council can and should ask for a clear answer from the City Attorney. FYI, I'm copying Priya on this email since she is the Council member for my District. I know you said you have not seen the email thread between me and the City Attorney's office so I'll summarize how I've reached my understanding of the law. First, here is what our Municipal Code says: Carlsbad Municipal Code 2.04.070 C. Notwithstanding any other provision of this chapter, the city council member elected to represent a council district must reside in the district and be a registered voter in the district, and any candidate for city council must live in, and be a registered voter in, the council district in which the candidate seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and California Elections Code Section 10227. Termination of residency in a council district by a city council member shall create an immediate vacancy for that council district unless a substitute residence within the district is established within 30 days after the termination of residency. (Ord. CS-391 § 4, 2021; Ord. CS-322 § 2, 2017) In one of their responses to me, the Attorney's office sent me the link to the California Elections Code, Section 21606, which references a couple of other Code sections. Here is what it says: Elections Code 21606 Sept. 9, 2021 Item #5 Page 10 of 11 (c) Except as provided in subdivision (a), a person is not eligible to hold office as a member of a city council unless that person meets the requirements of Section 201 of the Elections Code and Section 34882 of the Government Code. And here is what those sections say, both of which seem to indicate that, as an example, a candidate living in D3 when their nomination papers are issued by the Cty may continue to run for that seat, even if the April 2022 adopted map puts them in a different district. Elections Code section 201 Unless otherwise specifically provided, no person is eligible to be elected or appointed to an elective office unless that person is a registered voter and otherwise qualified to vote for that office at the time that nomination papers are issued to the person or at the time of the person’s appointment." Government Code Section 34882 A person is not eligible to hold office as a member of a municipal legislative body unless he or she is otherwise qualified, resides in the district and both resided in the geographical area making up the district from which he or she is elected and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. I appreciate you looking into this. This doesn't seem like a difficult question to get answered, especially when there are numerous Code sections addressing it. Let's get this resolved and have the question and answer added to the redistricting FAQ page. Thanks so very much, Arnie Cohen 760-535-4657 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Sept. 9, 2021 Item #5 Page 11 of 11