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HomeMy WebLinkAbout08 PUBLIC HEARING TO RECEIVE PUBLIC INPUT REGARDING THE TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONSDocuSign Envelope ID: E988B4D1-497C-44D8-9882-D449491D2966 1"tY p AGENDA REPORT MEETING DATE TO: FROM: SUBJECT: SUMMARY SEPTEMBER 7, 2021 MATTHEW S. WEST, CITY MANAGER DAVID E. KENDIG, CITY ATTORNEY Agenda Item 8 Reviewed: DS City Manager Finance Director N/A PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE TRANSITION FROM AT -LARGE TO DISTRICT ELECTIONS. On June 23, 2020, the City received a letter from the Mexican American Legal Defense and Education Fund asserting that the at -large election system violates the California Voting Rights Act (CVRA) and threatens litigation if the City declines to voluntarily convert to district -based elections. On August 3, 2021 the City Council adopted Resolution 21-64 declaring its intention to transition from at -large to district -based elections, and to complete the transition in time for the 2022 General Municipal Election. By voluntarily proceeding to transition to district -based elections, the City benefits from a "safe harbor" provision in the CVRA and retains its own ability to determine and adopt an appropriate district map instead of having the risk of a court doing so. The first steps in the transition process include holding at least two public hearings to invite public input regarding the composition of the City's voting districts before any draft maps are drawn. Next, the Council must hold at least two additional public hearings on the map(s) of the districts themselves. The maps must be publicly available for at least seven days before the public hearing, and if a change is made to the map after the first public hearing, the revised map must be available at least seven days before the districts are adopted by ordinance. RECOMMENDATION It is recommended that the City Council take the following action: Receive a report on the districting process and permissible criteria to be considered to create district boundaries; and 2. Conduct a public hearing to receive public input on district boundaries. DocuSign Envelope ID: E988B4D1-497C-44D8-9882-D449491D2966 Agenda Report — Public Hearing to Receive Input from the Community Regarding the Transition from At -Large to District Elections September 7, 2021 Page 2 3. As early as this first public hearing is closed, consider directing the number of council districts to be included on draft maps, and consider directing whether the Mayor is to be either: (a) elected at large (e.g., City-wide), or (b) appointed annually by, and from among, the elected City Council members. FISCAL IMPACT Significant staff time will be required to transition to district -based elections and to administer the process including the need for at least several public hearings. Transitioning to district -based elections also involves the services of a demographer. Additionally, the City will be required to reimburse MALDEF for its documented costs, up to $30,000. However, such expenses would likely be significantly lower than the costs of litigating the threatened lawsuit if district -based elections are not approved. BACKGROUND The City currently utilizes an at -large election system where voters citywide select each of the five City Council Members. By contrast, a district -based election system is one in which a city is physically divided into separate districts, each with one council member who resides in the district and is chosen solely by the voters residing in that district. MALDEF's Demand to Convert to District Elections. On June 23, 2020, the City received a letter from Tanya G. Pellegrini, an attorney representing the Mexican American Legal Defense and Education Fund (MALDEF) in Sacramento, California. The letter asserts that the "lack of success of Latino candidates results from the inability of Latino voters to elect candidates of choice due to racially polarized voting among the electorate, and that continued use of at -large elections therefore violates" the CVRA. The letter demands that the City convert to district -based elections and threatens litigation if the City declines to voluntarily convert to district -based elections. The California Voting Rights Act Imposes Significant Costs of Litigating The CVRA, codified as Elections Code sections 14025 et seq., became law on January 1, 2003. The declared purpose of the CVRA is to prevent the disenfranchisement of protected classes, which are broadly defined to include members of a race, color, or language minority group. Any voter who resides in a city and is a member of a protected class may file a lawsuit for a violation of the CVRA. To succeed, the plaintiff must only DocuSign Envelope ID: E988B4D1-497C-44D8-9882-D449491D2966 Agenda Report — Public Hearing to Receive Input from the Community Regarding the Transition from At -Large to District Elections September 7, 2021 Page 3 show that, as a result of an at -large election, "racially polarized voting" has occurred. "Racially polarized voting" means there is a difference between the choice of candidates preferred by voters in a protected class and candidates preferred by voters in the remainder of the voting population. If the plaintiff prevails in litigation, the CVRA allows for the recovery of significant attorneys' fees and expert witness fees. On the other hand, even if the city that is sued prevails in the lawsuit, it cannot recover either attorneys' fees or costs. In addition, the CVRA provides that if a court finds that a violation of the CVRA has occurred, the court shall implement appropriate remedies, including the imposition of district -based elections, that are tailored to remedy the violation. The remedy can include the imposition of district maps for the City. The CVRA "Safe Harbor" On September 28, 2016, the Governor signed into law AB 350, which enacted Elections Code section 10010. That legislation established a "safe harbor" from CVRA litigation for cities. Once a city receives a demand letter, it has a period of protection' from litigation to assess its situation, and then to proceed with the transition to district -based elections. In Tustin's case, the initial CVRA safe harbor period of protection ran until August 14, 2021. But because the City Council adopted the resolution of intention to transition to district -based elections on August 3, 2021, then a CVRA lawsuit could not be filed for an additional 90 -day period, or until November 1, 2021. And underAB 350, the City's liability would be capped at $30,000 if it utilizes the safe harbor provisions and subsequently adopts an ordinance establishing district -based elections by November 1, 2021. It is important to note, when the City Council adopted Resolution No. 21-64 on August 3, 2021, it did so in part based on indications from MALDEF that an extension agreement would change the November 1, 2021 deadline to January 30, 2022 to provide additional time to conduct public outreach, encourage public participation, and receive public input. Unexpectedly, on August 16, 2021, MALDEF conditioned agreeing to the extension upon terms that raise significant issues of compliance with State and Federal law. Despite having had numerous conversations with MALDEF over the past several months Ordinarily the period of protection is a 45 -day period from receipt of the demand letter. However, due to the Governor's COVID-related emergency orders, that period of protection has been effectively extended to August 14, 2021. DocuSign Envelope ID: E988B4D1-497C-44D8-9882-D449491D2966 Agenda Report — Public Hearing to Receive Input from the Community Regarding the Transition from At -Large to District Elections September 7, 2021 Page 4 regarding the City's utilization of an extension agreement, including the attached email dated July 29, 2021, MALDEF previously made no mention of the extension being subject to additional material demands (see attached email). The City is committed to engaging in the districting process in compliance with all applicable laws and encourages MALDEF to drop its demanded conditions on the extension agreement, and to simply agree to extend the 90 -day term so that the City, the public and MALDEF will have additional time to thoughtfully engage in public outreach and education, public participation, and public input during the districting process. Given the uncertainty of reaching an agreement with MALDEF to extend beyond the November 1, 2021 deadline, the City has already begun implementing required steps so that the process can be successfully completed on schedule. Setting District Boundaries Prior to adopting an ordinance establishing district -based elections, the City Council is required to establish district boundaries and the sequencing of district elections. California Elections Code section 10010 sets forth the City Council public hearing process for establishing district boundaries and the sequencing of district elections. This process requires a series of noticed public hearings during which the public has a right to provide input on proposed district boundaries. Specifically, the City must hold at least two "clean slate" hearings at which the public can provide input on district boundaries before any maps are prepared. Thereafter, the City must hold at least two more public hearings to consider draft maps. Finally, the City must hold a public hearing at which the map is adopted and the sequencing of district elections is established. The map and sequencing would be approved by City ordinance. The purpose of the first two public hearings is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. A "community of interest" is a "contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation." These may include a neighborhood or group that would benefit from being in the same district because of shared interests, views, cultures, histories, languages, and values and whose boundaries can be identified on a map. Possible community features include, but are not limited to: DocuSign Envelope ID: E988B4D1-497C-44D8-9882-D449491D2966 Agenda Report — Public Hearing to Receive Input from the Community Regarding the Transition from At -Large to District Elections September 7, 2021 Page 5 • Shared interests in schools, housing, community safety, transit, health conditions, land use, environmental conditions, and/or other issues. • Common social and civic networks, including churches, mosques, temples, home- owner associations, and community centers, and shared use of community spaces, like parks and shopping centers. • Racial and ethnic compositions, cultural identities, and households that predominantly speak a language other than English. • Similar socio-economic status, including but not limited to income, home ownership, and education levels. • Shared political boundary lines from other jurisdictions, such as school districts, community college districts, and water districts. In creating the district boundaries, the City must ensure compliance with the following federal and state mandated criteria: Federal Laws: 1. Each council district shall contain a nearly equal population (based on total population of residents as determined by the most recent Federal decennial Census and adjusted by the State to reassign incarcerated persons to the last known place of residence); and 2. Each council district shall be drawn in a manner that complies with the Federal Voting Rights Act. No council district shall be drawn with race as the predominate factor in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny. California Criteria for Cities (to the extent practicable and in the following order of priority): 1. Geographically contiguous (areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or ferry service are not contiguous). DocuSign Envelope ID: E988B4D1-497C-44D8-9882-D449491D2966 Agenda Report — Public Hearing to Receive Input from the Community Regarding the Transition from At -Large to District Elections September 7, 2021 Page 6 2. Undivided neighborhoods and "communities of interest" (Socio- economic geographic areas that should be kept together for purposes of its effective and fair representation). 3. Easily identifiable boundaries. 4. Compact (do not bypass one group of people to get to a more distant group of people). 5. Prohibited: "Shall not favor or discriminate against a political party." Other Traditional Districting Principles: 1. Respect voters' choices / continuity in office. 2. Future population growth. Adopting an Ordinance Transitioning to District -Based Elections Transitioning to district -based elections is effectuated by the City Council enacting an ordinance pursuant to Government Code section 34886, provided that the ordinance includes a declaration that it is being adopted to further the purposes of the CVRA. Under this method, the City Council would need to determine whether it wants to have a mayor elected at -large, with the remaining seats chosen through a district -based election process (with four, six, or eight voting districts). If the City Council chooses not to have a mayor elected at -large, it has the option of establishing five, seven, or nine voting districts.2 These decisions will be made by the City Council based on information from the public hearings, and other appropriate considerations at its future meetings. Community Engagement The City has developed a comprehensive community engagement plan intended to maximize awareness, education and participation through each step of the district 2 Cal. Gov't Code § 34871. DocuSign Envelope ID: E988B4D1-497C-44D8-9882-D449491D2966 Agenda Report — Public Hearing to Receive Input from the Community Regarding the Transition from At -Large to District Elections September 7, 2021 Page 7 formation process. The aggressive outreach effort is designed to reach the entire Tustin community about the potential shift to by -district elections. As of September 1, 2021, the following outreach efforts have been implemented: Rollout of a new dedicated website, www.DrawTustin.org, serving as a one-stop shop for information and tools regarding potential district formation. Extensive resources are available for the public to learn about the process, access all the materials and meeting information, and to share feedback. An informational Public Workshop held on August 31 to educate community members about the potential shift to by -district elections and answer questions about the process. The information session, facilitated by Tripepi Smith and featuring the National Demographics Corporation, had more than 20 participants. • Three social media posts on Facebook (including content in English, Spanish, Chinese (traditional), Korean and Vietnamese), reaching a total of 1,746 individuals. Two social media posts on Twitter with 892 impressions • Over 10,000 Emails sent regarding the first workshop Post to NextDoor with 751 impressions A button on the City website homepage that links to www.DrawTustin.org Workshop info posted to city Calendar A featured News Flash on the homepage • Proactive email and/or phone contact with more than 50 organizations to outreach to community leaders and community-based organizations. • Placement of 210 lawn signs across the city of Tustin publicizing the potential shift to by -district elections, the importance of public participation, and a link to learn more. Lawn signs include verbiage in English, Spanish, Chinese (traditional), Korean and Vietnamese. DocuSign Envelope ID: E988B4D1-497C-44D8-9882-D449491D2966 Agenda Report — Public Hearing to Receive Input from the Community Regarding the Transition from At -Large to District Elections September 7, 2021 Page 8 Media outreach including the distribution of a press release announcing the public workshop held on August 31 and the launch of the new dedicated website, www.DrawTustin.org. Publication of the August 31st Workshop Notice and the September 7th Public Hearing Notice in the Orange County Register. Creation of an email subscription list, which community members can sign up for to receive regular updates on the process. Residents can go to www.DrawTustin.or., and click Subscribe to enter their email and sign up. Next Steps The dates for the remaining public hearings are yet to be determined because it depends on the release of the delayed U.S. Census data and state prisoner population adjusted counts. It is expected that the next public hearing will be held before the end of September, followed by an additional community workshop prior to the third public hearing. Draft maps will be posted at least seven days prior to the third and fourth public hearings. Please subscribe to the City's email list referenced above to be notified once meeting dates are set, or refer to the dedicated website, www.DrawTustin.org.