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HomeMy WebLinkAboutAGENDA REPORT 2021 1020 CCSA REG ITEM 08ACITY OF MOORPARK, 
CALIFORNIA City Council Meeting of October 20, 2021 ACTION APPROVED STAFF RECOMMENDATION. BY B. Garza. A. First Public Hearing to Receive Comments and Input on the Redistricting Process for the Potential Redrawing of Election District Boundaries; and Consider Presentation by National Demographics Corporation, Inc. (NDC) on the Redistricting Process, Input on “Communities of Interest” and Other Local Factors, Report of the 2020 Census Demographic Data Specific to Moorpark, and an Overview of Mapping Tools. Staff Recommendation: Staff recommends that the City Council: 1) Receive presentation from the City’s demographer consulting firm, NDC including a demographic summary and the available mapping tools; 2) Open the public hearing and receive public comments and input regarding “communities of interest” districts for the purpose of possibly redrawing election district boundaries and close the public hearing; and 3) Provide additional direction to staff, as appropriate. Item: 8.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Ky Spangler, City Clerk PJ Gagajena, Assistant City Manager DATE: 10/20/2021 Regular Meeting SUBJECT: First Public Hearing to Receive Comments and Input on the Redistricting Process for the Potential Redrawing of Election District Boundaries; and Consider Presentation by National Demographics Corporation, Inc. on the Redistricting Process, Input on “Communities of Interest” and Other Local Factors, Report of the 2020 Census Demographic Data Specific to Moorpark, and an Overview of Mapping Tools SUMMARY Following every decennial federal Census, the process of redistricting is undertaken at the federal, state, and local levels to review and adjust district boundaries based on population changes identified through the Census process. The California Elections Code sets forth the process that cities are required to follow in order to make and adopt any revisions needed as a result of population changes identified in the Census results. Elections Code Section 21600 et seq., known as the Fair Maps Act, went into effect on January 1, 2020, and sets forth the process and timelines cities must follow in order accomplish the redistricting process. The Fair Maps Act requires that a minimum of four public hearings be held to receive public input, prepare and consider population-balanced maps, and adopt a district map to be utilized until the next decennial federal Census is conducted. This evening’s public hearing represents the first in a series of public hearings required under the Fair Maps Act in order to complete the redistricting process for the City. The goals include: 1) receiving a presentation from the City’s demographer, National Demographics Corporation, Inc. (NDC), on the requirements of the Fair Maps Act, 2) receiving an overview of the 2020 Census results, 3) receiving information on the mapping tools available to the public to participate in the redistricting process, and 4) the City conducting the first public hearing to receive testimony from residents. Item: 8.A. 1 Honorable City Council 10/20/2021 Regular Meeting Page 2 BACKGROUND Transition to District-Based Elections The City of Moorpark completed the process set forth in the California Voting Rights Act (CVRA) in 2019 and transitioned from a system of “at-large” elections to a system of “district-based” elections for electing Councilmembers. The threat of litigation claimed the City’s at-large election system was racially polarized, resulting in minority vote dilution in violation of the CVRA. The intent of having district-based elections was to create majority minority districts and allow individuals from protected classes an opportunity to be elected to remain in compliance with the CVRA. Other background information regarding the CVRA and the procedures which led to convert to a district-based election process for electing City Councilmembers is available on the City’s website at: https://www.moorparkca.gov/Districts, including the staff reports, videos and other relevant information for the prior meetings and public hearings from October 11, 2018, to April 3, 2019. On April 3, 2019, the City Council adopted Ordinance No. 467 transitioning the City’s manner of election from an “at-large” system where all voters regardless of residence location within the City may vote for all Councilmembers to a “district” system where only voters residing within a geographical district may vote for one Councilmember representing that district. The office of Mayor remained a separate, directly elected office with a two- year term, as established by voter approval of Measure D at an election on November 8, 1988. Ordinance No. 467 established City Council district boundaries per Map No. 401b, which was incorporated into Ordinance No. 467 as the Exhibit A Council District Map. Ordinance No. 467 also established district-based election sequencing with Districts 2 and 4 elected in 2020 and every four years thereafter, and Districts 1 and 3 elected in 2022 and every four years thereafter, retained the directly elected at-large office of Mayor, and set a timeframe for the completion of re-districting following the decennial Census. The first district-based election was held on November 3, 2020. The process of transitioning to district elections was facilitated by National Demographics Corporation, Inc. (NDC) who provided demographic information, public outreach, and assistance with drafting maps for the formation of proposed districts. Census Block Change Requests The process of creating election district boundaries requires the use of population and demographic Census data which is broken down by areas known as “Census Tracts” and “Census Blocks” with a Census block being the most granular level of population data. Census tracts and blocks are created by the Census Bureau as development occurs in a city. When election district boundaries are established, Census blocks boundaries are respected; that is, Census blocks are kept intact and are not divided. This standard practice can result in a neighborhood being divided and placing residents in two separate districts. During the process of creating Moorpark’s election district boundaries, Census block boundaries created constraints that resulted in some neighborhoods being split in 2 Honorable City Council 10/20/2021 Regular Meeting Page 3 unusual manners. In order to address this issue for future redistricting, City staff conducted a detailed review of existing Census block boundaries and presented recommended changes to the City Council on April 17, 2019. The changes approved by the City Council were provided to the Statewide Database for consideration and use during the conduct of the 2020 Census. The vast majority of the requested changes to Census blocks were honored and should result in fewer instances when a neighborhood would be split into two districts in a redistricting process due to Census block constraints. Requirement for Redistricting and Redistricting Deadline Every 10 years, jurisdictions that have district-based elections are required to review district boundaries based on the results of the decennial Census to ensure equal representation based on population growth and to adjust district boundaries, if necessary, to reflect changes. The City issued a Request for Proposal for redistricting services in late 2020, and on April 21, 2021, the City Council authorized the approval of an Agreement with NDC in the amount of $30,500 to provide Redistricting Consulting Services to comply with California Elections Code Section 21600 et seq., which requires jurisdictions with district- based election systems to review the results of the decennial Census and make any adjustments necessary based on population growth to ensure equal representation across the districts. The Agreement with NDC included the recommended hearing schedule considered by the Administration, Finance and Public Safety Committee for completion of the redistricting process with the hearings scheduled to coincide with regularly scheduled City Council meetings and meeting the redistricting deadline discussed below. Historically, Census results have been released by the end of March in the year following the Census; however, 2020 results were not provided to states until August 12, 2021, due to Census delays caused by the COVID-19 pandemic. On September 27, 2021, California's Statewide Database released official population data for local governments, which is based on federal 2020 Census data with adjustments for incarcerated populations. The official 2020 population for the City Moorpark is 36,326. For the purposes of districting, each of the four council districts must have approximately 9,081 people. Following each decennial census, it takes several months to review and interpret the Census data, conduct the necessary public hearings and workshops required by the Elections Code, draw redistricting maps (if necessary), and then adopt a final district map. Therefore, it was not possible to meet the November 1, 2021, deadline established in Ordinance No. 467 to complete the redistricting process. To address the delays caused by the release of Census results, on July 7, 2021, Ordinance No. 489 was introduced and was subsequently adopted on July 21, 2021, to revise the timeframe for adjustment of City Council District boundaries to provide for completion of the redistrict process in accordance with Election Code requirements and in advance of the November 2022 election. 3 Honorable City Council 10/20/2021 Regular Meeting Page 4 California Elections Code Section 21602 et seq. establishes timeframes for completion of redistricting following the release of Census results. The City’s next regularly scheduled election will be held on November 8, 2022. Section 21602(a)(3) of the Elections Code applies to cities conducting its next regular election on or after July 1, 2022, and reads: “For redistricting occurring before 2031 and where a city does not have a regular election occurring after January 1, 2022 and before July 1, 2022, the boundaries of the council districts shall be adopted by the council not later than 205 days before the city’s next regular election occurring on or after July 1, 2022.” Based on the provisions of the Elections Code, the City must adopt Council Districts on or before April 17, 2022, which is 205 days prior to the next City Council election on November 8, 2022. In the event the 2020 Census data results show that existing City Council Districts remain “population balanced”, which is when assigned to their districts the population numbers reflected in the 2020 Census data do not exceed a ten percent (10%) deviation among the districts, the existing boundaries may not require revision per the Elections Code. However, even if the existing district boundaries may not require revision, the City is still required to go through the redistricting public hearing process established in the Elections Code in order to adopt the post 2020 Census district map boundaries. DISCUSSION To meet the tight timeframes for completion of the process, the first public hearing and introduction was scheduled for October 20, 2021, just prior to the release of final Census data, to provide an overview of the redistricting requirements and process; share a demographic summary of the current Council districts based on the 2020 Census population data; offer insight on the various mapping tools that will be forthcoming for the public and interested parties to use; and to receive public comments, input and testimony on the redistricting process for the redrawing of Election District boundaries. The second hearing is scheduled for December 1, 2021, and will be the first meeting where draft district maps that incorporate new Census data can be considered. Subsequent hearings are scheduled one month apart (January 5 and February 2, 2022) to provide time for public consideration of the maps developed, and to build in a buffer for additional public hearings, if needed, to adopt district boundaries prior to the April 17, 2022, deadline. The California legislature enacted new laws governing the redistricting process, known as the Fair Maps Act, which took effect on January 1, 2020, and includes the process which must be followed and specific criteria that must be considered in redrawing district boundaries, new requirements for public hearings, new outreach requirements, and criteria to be considered in the drawing of district maps. Elections Code Section 21601(a) describes the process that General Law cities must comply with to enable interested parties to provide comments and input on the drawing of district maps to ensure the population in each of the City’s four City Council districts are balanced and each City Councilmember represents about the same number of constituents. Further, Elections Code Section 21607.1 requires that, “Before adopting a 4 Honorable City Council 10/20/2021 Regular Meeting Page 5 final map, the council shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more council districts.” Key provisions of section require: (1) At least one public hearing shall be held before the council draws a draft map or maps of the proposed council boundaries; (2) At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed council boundaries; (3) At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday; (4) Public hearing buildings shall be accessible to persons with disabilities; (5) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda. Elections Code Sections 21601(b) and (c) discuss the criteria that must be adhered to when considering and adopting council district boundaries: (b) The council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).; and (c) The council shall adopt district boundaries using the following criteria as set forth 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. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service 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 in this subdivision, 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.” 5 Honorable City Council 10/20/2021 Regular Meeting Page 6 Additional possible features defining “communities of interest” might include, but be not limited to: 1) school district boundaries; 2) natural division lines such as major roads, hills, or highways; 3) neighborhood landmarks or areas around parks; 4) legislative/election concerns, common issues or neighborhood activities; 5) shared demographic characteristics, including but not limited to: similar levels of income, education, language spoken at home, limited English speaking households, single-family and multi-family housing areas, etc. There will be additional inclusive opportunities for the public and all interested parties to provide their comments and input into the redistricting process, as required by law. To increase public awareness, outreach, participation and engagement in the redrawing of election district boundaries, and as required under the Fair Maps Act, the City will provide information on a dedicated webpage to contain staff reports, presentations, videos, district maps submitted for consideration, and other resources to facilitate public engagement. The Fair Maps Act further requires the webpage be maintained for 10 years after the adoption of council district boundaries. The following is the schedule for the City of Moorpark’s redistricting process: October 20, 2021 First Public Hearing at the time certain of 6:50 p.m. (Wednesday evening). December 1, 2021 Second Public Hearing at the time certain of 6:50 p.m. (Wednesday evening). January 5, 2022 Third Public Hearing at the time certain of 6:50 p.m. (Wednesday evening). February 2, 2022 Fourth Public Hearing at the time certain of 6:50 p.m. (Wednesday evening). April 17, 2022 City of Moorpark’s final deadline for completion of the redistricting process. FISCAL IMPACT The costs to conduct the redistricting process, including costs for advertising for a series of four public hearings, bilingual translation costs for hearing notices and outreach communications, bilingual translator meeting attendance, and City Attorney costs are allocated in the adopted budget for Fiscal Year 2021/22. 6 Honorable City Council 10/20/2021 Regular Meeting Page 7 COUNCIL GOAL COMPLIANCE This action is consistent with City Council Strategy 2 – “Equity and Inclusion”; Goal 2 – “Practice Respect, Equity and Inclusion Citywide”; and Objective 5 (2.5) – “Complete redistricting process”. STAFF RECOMMENDATION Staff recommends that the City Council: 1) Receive presentation from the City’s demographer consulting firm, National Demographics Corporation, Inc. including a demographic summary and the available mapping tools; 2) Open the public hearing and receive public comments and input regarding “communities of interest” districts for the purpose of possibly redrawing election district boundaries and close the public hearing; and 3) Provide additional direction to staff, as appropriate. 7