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HomeMy WebLinkAboutCA District-Based City Elections ____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 9-4 (DE) Council Meeting: 4/02/2018 Disposition: Ord. 1956 passed to print; selected Map 3B; adopted election sequence Agenda Item No: 6.a Meeting Date: April 2, 2018 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY ATTORNEY Prepared by: Lisa Goldfien, Assistant City Attorney City Manager Approval: ______________ TOPIC: DISTRICT-BASED CITY ELECTIONS SUBJECT: PUBLIC HEARING TO CONSIDER DRAFT MAPS SHOWING ALTERNATIVES FOR THE ESTABLISHMENT OF CITY VOTING DISTRICTS AND ORDINANCE ESTABLISHING A BY-DISTRICT ELECTION PROCESS IN FOUR COUNCIL DISTRICTS PURSUANT TO CALIFORNIA ELECTIONS CODE § 10010 & CALIFORNIA GOVERNMENT CODE §§ 34871(C) & 34886 RECOMMENDATION: 1. Hold a public hearing to receive public comment concerning the alternative draft maps prepared by the City’s demographer and by the public showing how the four City Council electoral districts might be drawn, as well as the sequence of elections for Council seats; and 2. Select one of the published district maps and pass to print the attached ordinance establishing a by-district election process for four council districts according to the selected map. BACKGROUND: In 2002, the Legislature enacted the California Voting Rights Act (CVRA) (Elec. Code §§14025 – 14032), which prohibits California public agencies from imposing or applying an at-large election method “that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election.” (Elec. Code §14027) A protected class is defined by the CVRA as “a class of voters who are members of a race, color, or language minority group, as this class is referenced and defined in the federal Voting Rights Act of 1965.” The CVRA defines an at-large method of election to include the election method used by the City of San Rafael, in which the voters of the entire City elect all the members of the City Council. In a lawsuit brought pursuant to the CVRA, a plaintiff who establishes a history of “racially polarized voting” under a city’s at-large election system can require a city to change to a district-based election system. On November 20, 2017 the City received a letter from Malibu attorney Kevin Shenkman, on behalf of his client Southwest Voter Registration Education Project, urging the City to change its at-large voting SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 system to a district-based voting system, asserting that “San Rafael’s at-large system dilutes the ability of Latinos (a ‘protected class’) - to elect candidates of their choice or otherwise influence the outcome of San Rafael’s council elections.” Receipt of this letter started a 45-day timeline for the City “to pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so.” (Elec. Code §10010.) After several public hearings in November and December 2017 and on January 16, 2018 concerning whether the City should change to a district-based election system, the City Council voted unanimously on January 16, 2018 to adopt Resolution No. 14453 (Attachment 3), expressing the City Council’s intention to transition to district-based elections for the City’s four City Council seats, starting with the election of November 3, 2020, and setting forth a timeline for that process. The City Council’s adoption of Resolution No. 14453 gives the City an additional 90 days, or through April 16, 2018, to hold at least five public hearings and officially adopt an ordinance establishing the boundaries of, and the sequence of elections for, the four new election districts. During this time period, the City cannot be sued for a violation of the CVRA. The first two hearings, to receive public input regarding the composition of the districts, were held on February 5, 2018 and February 20, 2018. On February 20, 2018, the City Council adopted Resolution No. 14468, providing guidelines for the preparation of draft district maps. (Attachment 4.) On February 26, 2018, the City published a notice in the Marin IJ advising of the availability on that date of draft maps on the City’s website at https://www.cityofsanrafael.org/draft-maps/ and in the City Clerk’s office. On that date six draft maps were published and made available for public co nsideration, namely maps labeled “Green”, “Purple” and “Orange” that were prepared by the City’s demographic consultant, National Demographics, Inc. (“NDC”), and three other maps, labeled “Tan”, “Olive”, and “Violet” that were prepared and submitted by members of the public. March 5, 2018 Council meeting: This was the third of five public hearings required prior to adoption of an ordinance establishing the four City voting districts. That meeting was held to allow the Council and the public to consider any draft district maps that had been timely published for that meeting. By statute, only maps published at least seven days prior to the meeting (February 26, 2018) were eligible for consideration at the meeting; accordingly, the public hearing centered on the “Green”, “Purple”, “Orange”, “Tan”, “Olive”, and “Violet” maps. The Council received public comment on the maps, and also approved creation of a City Council ad-hoc subcommittee, consisting of Councilmember Colin and Mayor Phillips, to study the draft maps. A new map designated “Canal 1” was submitted during the meeting, and was published that evening. Comments received from the public concerning the borders of the proposed districts included the following: • The City should try to keep the East San Rafael business district within in a single distri ct, such as by extending District 4 along the 580 freeway to the Richmond Bridge. Similarly, other “economic zones” would benefit from being contained within a single district. • Bahia Vista school should be included in District 4. March 12, 2018 Council study session: The City Council held a study session in the Council Chambers to allow for further discussion of the “Green”, “Purple”, “Orange”, “Tan”, “Olive”, and “Violet” maps, as well as a new map designated “Canal 1” that had been timely submitted and published on March 5, 2018. At the study session, the Mayor reported that the ad-hoc subcommittee had met, and stated that the subcommittee’s recommendation was to use the “Canal 1” map, with some modifications as follows: • Expand District 4 to the West to encompass all of Bret Harte; SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 • Eliminate the extension of District 4 along the Lincoln corridor north of downtown by moving the northern border of District 4 down to Second Street. • Include Bahia Vista school and the Albert J. Boro Community Center in District 4. The Mayor also noted his preference to designate Districts “1”, “2”, “3,” and “4,” as the Northern, Eastern, Western, and Southern Districts, respectively. The demographer tried out several variations on published maps as requested by the City Co uncil, and after all public comment, the City Council asked the demographer to prepare/publish three revised maps as follows: • The subcommittee’s recommended variation on the “Canal 1” map, where all of Bret Harte is included in District 4/Southern and the northern border of District 4/Southern is moved south from Los Ranchitos Road to Second Avenue. The City’s demographer prepared and published this map on the City’s website on March 12, 2018 after the study session, designated as “District Elections 1”. Additionally, on this map, the border between Districts 3/Western and 2/Eastern is Highway 101, and a majority of the border between Districts 3/Western and 4/Southern is along Martens Blvd. and Southern Heights Blvd. • A variation on the subcommittee recommendation (now called “District Elections 1”) where the Spinnaker Pt./Baypoint Lagoon neighborhoods are included in District 4/Southern. The demographer prepared and published this map on March 12, 2018, designated as “District Elections 2”. Additionally, on this map, the border of between Districts 3/Western and 2/Eastern is Lincoln Avenue, and the border between Districts 3/Western and 4/Southern is along Lindaro Street, Glen Avenue, Pearce Road, and Southern Heights Blvd. • A variation on the “Canal 1” map that includes the Spinnaker Pt./Baypoint Lagoon neighborhoods in District 4/Southern, but keeps more of North San Rafael (north of Puerto Suello Hill) together in District 1/Northern. The demographer prepared and published this map on March 12, 2018, designated as “Canal 2”. Additionally, on this map the border between Districts 3/Western and 4/Southern is moved to Woodland Avenue where it was shown along Duffy Place and Irwin Street on the “Canal 1” map, and the border between Districts 1/Northern and 4/Southern is moved south to Fair Drive from where it was shown on Los Ranchitos Road. In addition, a map was submitted to the demographer on March 11, 2018 by San Rafael resident Bill Carney. This map, designated as “Carney 1,” was published on the City’s website on March 12, 2018, but was not discussed specifically at the study session. March 19, 2018 Council meeting: This was the fourth required public hearing, for the public and the City Council to consider draft maps. The Council had before it eleven maps published on or before March 12, 2018, namely, the maps designated as “Green”, “Purple”, “Orange”, “Tan”, “Olive”, “Violet”, “Canal 1”, “Canal 2”, “Carney 1”, “District Elections 1”, and “District Elections 2”. Prior to the public comment period, the Mayor explained that he had been considering some new revisions to the “Canal 1” map and asked the demographer to make those revisions to the “Canal 1” map in real time at the meeting. Explaining his objective to keep the City’s neighborhoods (as shown in the General Plan) as intact as possible, the Mayor described the revisions he proposed included: • Expanding further to the west the part of the Southern District along the Lincoln Avenue corridor so as to include the entire Lincoln Avenue Homeowners’ Association SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 • Including the Bahia Vista School in the Southern District • Keeping the Bret Harte neighborhood together in the Western District Vice-Mayor Gamblin pointed out, and Councilmember Colin agreed, that he would prefer that the “Canal 1” map be revised to show the southern border of the Northern District along Gallinas Creek/SMART rail line, so as to keep Terra Linda unified. Mayor Phillips indicated that he also intended to recommend that change as part of his revisions. Councilmembers McCullough and Bushey noted their view that the Spinnaker and Baypoint neighborhoods seemed to be integral to the Southern District. During the public hearing, the demographer was able to show the Mayor’s proposed changes to the “Canal 1” map. After receiving public comment, the Council asked the demographer to formalize a map along the lines suggested by the Mayor, and another similar map in which the Spinnaker and Baypoint neighborhoods would be included in the Southern District rather than in the Eastern District. Both new maps, designated as “Canal 3A” and “Canal 3B”, respectively, were published on the City’s website on March 26, 2018. Because the Spinnaker and Baypoint neighborhoods were included in the Southern District in the “Canal 3B” map, other modifications also had to be made to the map to balance the population such as reducing the width of the Southern District along the US 101 corridor north of Laurel Place and expanding the Southern District slightly more into the Bret Harte neighborhood. The Council also agreed to narrow to five the group of draft maps they felt would be their primary focus at the April 2, 2018 meeting, namely, the “Canal 1”, “Canal 2”, “District Elections 2”, “Canal 3A”, and “Canal 3B”. Additionally, the City Manager met with Councilmember Colin and discussed with the demographer an additional map she was interested in seeing that would be a variation on elements of the “Canal 3A” map, in that it would narrow the portion of the Southern District along the Lincoln Corridor but, like “Canal 3B”, would expand the Southern District more into part of the Bret Harte neighborhood. The demographer prepared that map as well, designating it as “Canal 3A1”. “Canal 3A”, “Canal3B”, and “Canal 3A1” were all published on March 26, 2018, in time to be considered at tonight’s meeting. ANALYSIS: Tonight’s meeting is the f ifth required public hearing, and is another opportunity for the public and the City Council to consider draft maps. Per the Council’s directive, the intention of this meeting is to focus on the five maps selected at the March 19 meeting, “Canal 1”, “Canal 2”, “District Elections 2”, “Canal 3A”, and “Canal 3B”, and the new “Canal 3A1” requested by Councilmember Colin. It should be noted, however, that all published maps may be considered during the public hearing. If after the public hearing, the City Council is able to settle on one of these maps as showing the optimal arrangement of the four Council districts and proposed election sequence, the Council may move forward with formalizing the establishment of the districts. The final step in the process of establishing a district-based election system in San Rafael is the adoption of an ordinance establishing the boundaries of the districts and the sequence of elections for those districts, beginning with the next general municipal election in November 2020. Staff has prepared an appropriate ordinance to which the Council-selected district map must be attached. (Attachment 2.) If the Council acts tonight to pass the ordinance to print, it will come back to the Council for final adoption on April 16, 2018. Since April 16, 2018 is the final day to adopt the ordinance in compliance with the statutory timeline, deferring adoption of the ordinance beyond that date will expose the City to the possibility of a lawsuit filed by Mr. Shenkman’s client. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 COMMUNITY OUTREACH: The City is partnering with community groups to communicate information throughout San Rafael. A website, https://www.cityofsanrafael.org/district-elections/ has been created to provide information about the topic, a schedule of meetings, and an online form for public feedback. Meetings have been announced via the City’s website, email notifications, the City Manager’s newsletter, and via social media. The City Council considered this issue at a study session on November 20, and at its regular meetings on December 4 and December 18, 2017, January 16, 2018, February 5, 2018, February 20, 2018, March 5, 2018,the study session on March 12, 2018, and at its regular meeting of March 19, 2018. Including tonight’s meeting, the City Council has considered this issue at 10 regular City Council meetings or study sessions. The Canal Alliance, Canal Welcome Center, Alcohol Justice, Youth for Justice, and United Marin Rising organizations sponsored a public meeting at the Albert Boro Community Center on Saturday January 13 for the purpose of providing information to and receiving input from interested members of the public. Another community meeting was held on March 1, 2018 at the offices of Alcohol Justice at 24 Belvedere Street, at which the City’s demographer, outside counsel, and City staff were present to explain and answer questions about drawing districts and using the online mapping tool. A notice of public hearing is also posted in the Marin IJ ten days prior to each public hearing. Printed information prepared by or on behalf of the City in connection with this issue, including slide decks, has been made available in English and in Spanish on the City’s website. Bilingual City staff has also disseminated informational flyers directly to the public. Finally, the City is providing on its website an interactive online tool that the public can use to draw and submit proposed districting plans. The tool is in addition to other available methods such as paper or on-line population maps. FISCAL IMPACT: The full extent of the fiscal impacts of a change to district elections is unknown at this time. The City has retained National Demographics, Inc. to provide demographic information and prepare optional district maps. The City’s costs for demographic services, including an interactive online tool for use by the public in drawing and submitted proposed district maps, was approved at $39,500. Because the demographer has been requested to attend an additional community meeting and an additional study session, and may be asked to attend the April 16 meeting, the agreement will have to be amended to increase the budget by $4,000 to $6,000. There are sufficient funds to support this contract in the City Clerk’s department budget in the City’s General Fund. The City’s additional costs for the services of outside counsel during the transition process are estimated at $35,000. There are sufficient funds to support this contract in the City Attorney’s department budget in the City’s General Fund. In addition, upon adoption of the ordinance establishing the electoral districts for the 2020 election, the City will be liable for the payment attorney Kevin Shenkman’s attorney’s fees incurred in this matter, subject to documentation and capped at $30,000. There are sufficient funds to support this obligation in the City Clerk’s department budget in the City’s General Fund. Finally, the City Clerk has received an informal indication from the County Registrar’s office that the City’s November 2020 election costs will almost certainly be higher than in past elections, since the costs are calculated based upon the number of distinct contests in the election. Once a district-based SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 election system is established, there will be a separate contest in each of two City Council d istricts rather than just one contest for all open City Council seats as has occurred in the past under the City’s at-large election system. OPTIONS: The City Council has the following options to consider on this matter: 1. Hold a public hearing and select a map representing the desired City electoral districts, and pass the ordinance to print. 2. Hold a public hearing, but defer action on the proposed ordinance. RECOMMENDED ACTION: Hold a public hearing, select a preferred district map, and pass the ordinance to print. ATTACHMENTS: 1. Draft Maps: “Canal 1” “Canal 2” “Canal 3A” “Canal 3A1” “Canal 3B” “District Elections 2” 2. Ordinance establishing a by-district election process for four council districts 3. Resolution No. 14453, with Exhibit A, timeline 4. Resolution No. 14468, with Exhibit A, criteria to guide establishment of electoral districts 5. Public Notices 6. Correspondence 4312Lucas ValleyTerra LindaMarinwoodSmith RanchSanta VenetiaPeacock GapCanalChina CampDominican/Black CanyonGlenwoodMont Marin/San Rafael ParkCountry ClubSun ValleyCivic CenterGerstle ParkLoch LomondRafael Meadows/Los RanchitosLincoln/San Rafael HillFairhillsDowntownWest EndMontecito/Happy ValleyPicnic ValleyBret HarteCalifornia ParkCanal WaterfrontBay Islands580101101City of San Rafael 2018 DistrictingNational Demographics Corporation, March 5, 2018Canal 1 MapProposed Election Sequence:2020: 1 and 42022: 2 and 3Map layerscanal 1Landmark PointLandmark AreaPipeline/Power LineRailroadRiverStreetsWater AreaNeighborhoodsSan Rafael District 1 2 3 4 Total Ideal Total Pop 14,372 14,448 14,562 14,337 57,719 Deviation from ideal -58 18 132 -93 225 % Deviation -0.40% 0.12% 0.91% -0.64% 1.56% % Hisp 11% 15% 15% 79% 30% % NH White 76% 73% 74% 13% 59% % NH Black 2% 2% 2% 2% 2% % Asian-American 9% 8% 6% 5% 7% Total 11,284 10,587 11,261 3,991 37,123 % Hisp 7% 7% 9% 41% 11% % NH White 82% 81% 81% 39% 77% % NH Black 3% 4% 4% 2% 3% % Asian/Pac.Isl.7% 6% 5% 14% 7% Total 9,448 9,479 9,596 2,707 31,230 % Spanish-surnamed 6% 7% 7% 22% 8% % Asian-Surnamed 4% 4% 3% 7% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.85% 84% 85% 55% 82% % NH Black 2% 3% 3% 7% 3% Total 8,379 8,348 8,372 2,160 27,259 % Spanish-surnamed 5% 7% 6% 20% 7% % Asian-Surnamed 4% 3% 3% 6% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.85% 85% 86% 58% 83% % NH Black 2% 3% 3% 7% 3% Total 5,423 5,306 5,079 1,036 16,844 % Spanish-surnamed 4% 4% 4% 15% 5% % Asian-Surnamed 3% 2% 3% 8% 3% % Filipino-Surnamed 1% 1% 0% 0% 0% % NH White est.89% 91% 91% 66% 89% % NH Black est.2% 2% 2% 6% 2% ACS Pop. Est.Total 14,803 14,751 15,499 14,429 59,482 age0-19 20% 22% 19% 30% 23% age20-60 49% 47% 59% 59% 54% age60plus 31% 31% 22% 11% 24% immigrants 17% 21% 19% 51% 27% naturalized 58% 47% 34% 18% 33% english 77% 76% 73% 27% 64% spanish 9% 12% 18% 66% 25% asian-lang 7% 4% 2% 5% 4% other lang 8% 8% 6% 3% 6% Language Fluency Speaks Eng. "Less than Very Well"9% 11% 11% 48% 19% hs-grad 41% 36% 41% 40% 40% bachelor 29% 32% 30% 13% 27% graduatedegree 24% 23% 21% 8% 20% Child in Household child-under18 27% 27% 24% 44% 29% Pct of Pop. Age 16+ employed 58% 59% 66% 70% 63% income 0-25k 15% 13% 17% 28% 17% income 25-50k 14% 15% 20% 25% 18% income 50-75k 16% 10% 11% 14% 13% income 75-200k 37% 38% 40% 26% 36% income 200k-plus 18% 24% 12% 6% 16% single family 62% 74% 56% 34% 59% multi-family 38% 26% 44% 66% 41% rented 35% 30% 56% 72% 46% owned 65% 70% 44% 28% 54% Total 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 estimates. 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. Housing Stats Voter Registration (Nov 2016) Voter Turnout (Nov 2016) Voter Turnout (Nov 2014) Household Income Education (among those age 25+) Total Pop Language spoken at home 14,430 Immigration Citizen Voting Age Pop Age City of San Rafael - Canal 1 Map 3142Lucas ValleyTerra LindaMarinwoodSmith RanchSanta VenetiaPeacock GapCanalChina CampDominican/Black CanyonGlenwoodMont Marin/San Rafael ParkCountry ClubSun ValleyCivic CenterGerstle ParkLoch LomondRafael Meadows/Los RanchitosLincoln/San Rafael HillFairhillsDowntownWest EndMontecito/Happy ValleyPicnic ValleyBret HarteFrancisco Boulevard WestCalifornia ParkCanal WaterfrontBay Islands580101101City of San Rafael 2018 DistrictingNational Demographics Corporation, March 12, 2018Canal 2Proposed Election Sequence:2020: 1 and 42022: 2 and 3Map layersCanal 2Landmark PointLandmark AreaPipeline/Power LineRailroadRiverStreetsWater AreaNeighborhoods District 1 2 3 4 Total Ideal Total Pop 14,582 13,742 14,723 14,672 57,719 Deviation from ideal 152 -688 293 242 981 % Deviation 1.05% -4.77% 2.03% 1.68% 6.80% % Hisp 11% 15% 15% 77% 30% % NH White 75% 73% 74% 15% 59% % NH Black 2% 2% 2% 2% 2% % Asian-American 9% 8% 6% 6% 7% Total 11,361 10,224 11,388 4,151 37,123 % Hisp 7% 7% 9% 38% 11% % NH White 81% 81% 81% 41% 77% % NH Black 3% 4% 4% 2% 3% % Asian/Pac.Isl.7% 5% 5% 15% 7% Total 9,667 8,903 9,712 2,948 31,230 % Spanish-surnamed 6% 6% 7% 22% 8% % Asian-Surnamed 4% 3% 3% 9% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.84% 86% 85% 55% 82% % NH Black 3% 3% 3% 6% 3% Total 8,565 7,877 8,458 2,359 27,259 % Spanish-surnamed 6% 6% 6% 21% 7% % Asian-Surnamed 4% 3% 3% 8% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.85% 87% 86% 58% 83% % NH Black 3% 3% 3% 6% 3% Total 5,534 5,082 5,124 1,104 16,844 % Spanish-surnamed 4% 4% 4% 14% 5% % Asian-Surnamed 3% 2% 3% 7% 3% % Filipino-Surnamed 1% 1% 0% 0% 0% % NH White est.89% 91% 91% 70% 89% % NH Black est.2% 2% 2% 5% 2% ACS Pop. Est.Total 15,022 13,960 15,652 14,848 59,482 age0-19 20% 22% 19% 30% 23% age20-60 50% 46% 59% 59% 54% age60plus 31% 32% 22% 11% 24% immigrants 17% 19% 19% 53% 27% naturalized 58% 52% 34% 18% 33% english 77% 79% 73% 25% 64% spanish 9% 9% 18% 67% 25% asian-lang 6% 4% 2% 5% 4% other lang 8% 8% 6% 2% 6% Language Fluency Speaks Eng. "Less than Very Well"9% 8% 11% 50% 19% hs-grad 41% 35% 41% 40% 40% bachelor 29% 33% 30% 12% 27% graduatedegree 24% 24% 22% 7% 20% Child in Household child-under18 26% 26% 24% 45% 29% Pct of Pop. Age 16+ employed 58% 58% 66% 70% 63% income 0-25k 16% 12% 17% 28% 17% income 25-50k 15% 14% 20% 26% 18% income 50-75k 16% 9% 11% 15% 13% income 75-200k 36% 38% 40% 26% 36% income 200k-plus 17% 26% 12% 5% 16% single family 61% 77% 56% 34% 59% multi-family 39% 23% 44% 66% 41% rented 36% 28% 56% 72% 46% owned 64% 72% 44% 28% 54% Total population data from the 2010 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Household Income Education (among those age 25+) Total Pop Language spoken at home 14,430 Immigration Citizen Voting Age Pop Age City of San Rafael - Canal 2 Map Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. 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. Housing Stats Voter Registration (Nov 2016) Voter Turnout (Nov 2016) Voter Turnout (Nov 2014) 1243Lucas ValleyTerra LindaMarinwoodSmith RanchSanta VenetiaPeacock GapCanalChina CampDominican/Black CanyonGlenwoodMont Marin/San Rafael ParkCountry ClubSun ValleyCivic CenterGerstle ParkLoch LomondRafael Meadows/Los RanchitosLincoln/San Rafael HillFairhillsDowntownWest EndPicnic ValleyBret HarteCalifornia ParkCanal WaterfrontBay Islands580101101City of San Rafael 2018 DistrictingNational Demographics Corporation, March 26, 2018Proposed Election Sequence:2020: 1 and 42022: 2 and 3Canal 3AMap layersCanal 3A SplitCensus BlockLandmark PointLandmark AreaPipeline/Power LineRailroadRiverStreetsWater AreaNeighborhoods District 1 2 3 4 Total Ideal Total Pop 14,076 14,523 14,298 14,822 57,719 Deviation from ideal -354 93 -132 392 746 % Deviation -2.45% 0.64% -0.91% 2.72% 5.17% % Hisp 76% 19% 15% 11% 30% % NH White 16% 71% 73% 75% 59% % NH Black 2% 2% 2% 2% 2% % Asian-American 5% 6% 8% 9% 7% Total 4,061 11,013 10,533 11,518 37,123 % Hisp 36% 10% 7% 7% 11% % NH White 45% 80% 81% 81% 77% % NH Black 2% 4% 4% 3% 3% % Asian/Pac.Isl.14% 5% 6% 7% 7% Total 3,004 9,159 9,245 9,822 31,230 % Spanish-surnamed 21% 7% 7% 6% 8% % Asian-Surnamed 7% 3% 4% 4% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.59% 85% 85% 84% 82% % NH Black 5% 3% 3% 3% 3% Total 2,402 8,009 8,152 8,696 27,259 % Spanish-surnamed 19% 6% 6% 6% 7% % Asian-Surnamed 6% 3% 3% 4% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.62% 86% 86% 85% 83% % NH Black 5% 3% 3% 3% 3% Total 1,195 4,843 5,195 5,610 16,844 % Spanish-surnamed 14% 4% 4% 4% 5% % Asian-Surnamed 7% 3% 2% 3% 3% % Filipino-Surnamed 0% 0% 1% 1% 0% % NH White est.69% 91% 91% 89% 89% % NH Black est.5% 2% 2% 2% 2% ACS Pop. Est.Total 14,038 15,584 14,596 15,264 59,482 age0-19 30% 19% 23% 20% 23% age20-60 60% 59% 47% 50% 54% age60plus 10% 22% 31% 31% 24% immigrants 52% 20% 22% 17% 27% naturalized 18% 34% 47% 58% 33% english 26% 73% 76% 77% 64% spanish 67% 19% 12% 9% 25% asian-lang 5% 2% 4% 6% 4% other lang 2% 6% 8% 8% 6% Language Fluency Speaks Eng. "Less than Very Well"49% 11% 11% 9% 19% hs-grad 40% 40% 36% 41% 40% bachelor 13% 30% 32% 29% 27% graduatedegree 8% 21% 23% 24% 20% Child in Household child-under18 45% 24% 27% 26% 29% Pct of Pop. Age 16+ employed 70% 65% 59% 58% 63% income 0-25k 28% 17% 13% 16% 17% income 25-50k 26% 20% 15% 15% 18% income 50-75k 15% 10% 9% 16% 13% income 75-200k 26% 40% 38% 36% 36% income 200k-plus 6% 12% 25% 17% 16% single family 32% 56% 77% 60% 59% multi-family 68% 44% 23% 40% 41% rented 74% 55% 29% 36% 46% owned 26% 45% 71% 64% 54% Total 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 estimates. 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. Housing Stats Voter Registration (Nov 2016) Voter Turnout (Nov 2016) Voter Turnout (Nov 2014) Household Income Education (among those age 25+) Total Pop Language spoken at home 14,430 Immigration Citizen Voting Age Pop Age City of San Rafael - Canal 3A Map (with block splits) 1243Lucas ValleyTerra LindaMarinwoodSmith RanchSanta VenetiaPeacock GapCanalChina CampDominican/Black CanyonGlenwoodMont Marin/San Rafael ParkCountry ClubSun ValleyCivic CenterGerstle ParkLoch LomondRafael Meadows/Los RanchitosLincoln/San Rafael HillFairhillsDowntownWest EndMontecito/Happy ValleyPicnic ValleyBret HarteCalifornia ParkCanal WaterfrontBay Islands580101101City of San Rafael 2018 DistrictingNational Demographics Corporation, March 26, 2018Proposed Election Sequence:2020: 1 and 42022: 2 and 3Canal 3A1Map layersCanal 3A1 SplitLandmark PointLandmark AreaPipeline/Power LineRailroadRiverStreetsWater AreaNeighborhoods District 1 2 3 4 Total Ideal Total Pop 13,966 14,633 14,298 14,822 57,719 Deviation from ideal -464 203 -132 392 856 % Deviation -3.22% 1.41% -0.91% 2.72% 5.93% % Hisp 80% 16% 15% 11% 30% % NH White 12% 74% 73% 75% 59% % NH Black 2% 2% 2% 2% 2% % Asian-American 5% 6% 8% 9% 7% Total 3,772 11,302 10,533 11,518 37,123 % Hisp 42% 9% 7% 7% 11% % NH White 37% 81% 81% 81% 77% % NH Black 2% 4% 4% 3% 3% % Asian/Pac.Isl.15% 5% 6% 7% 7% Total 2,581 9,582 9,245 9,822 31,230 % Spanish-surnamed 22% 7% 7% 6% 8% % Asian-Surnamed 7% 3% 4% 4% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.55% 85% 85% 84% 82% % NH Black 6% 3% 3% 3% 3% Total 2,072 8,339 8,152 8,696 27,259 % Spanish-surnamed 21% 6% 6% 6% 7% % Asian-Surnamed 7% 3% 3% 4% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.58% 86% 86% 85% 83% % NH Black 6% 3% 3% 3% 3% Total 991 5,048 5,195 5,610 16,844 % Spanish-surnamed 15% 4% 4% 4% 5% % Asian-Surnamed 8% 3% 2% 3% 3% % Filipino-Surnamed 0% 0% 1% 1% 0% % NH White est.66% 91% 91% 89% 89% % NH Black est.6% 2% 2% 2% 2% ACS Pop. Est.Total 14,094 15,529 14,596 15,264 59,482 age0-19 30% 19% 23% 20% 23% age20-60 59% 59% 47% 50% 54% age60plus 11% 22% 31% 31% 24% immigrants 52% 19% 22% 17% 27% naturalized 18% 34% 47% 58% 33% english 26% 73% 76% 77% 64% spanish 67% 18% 12% 9% 25% asian-lang 5% 2% 4% 6% 4% other lang 2% 6% 8% 8% 6% Language Fluency Speaks Eng. "Less than Very Well"49% 11% 11% 9% 19% hs-grad 40% 41% 36% 41% 40% bachelor 12% 30% 32% 29% 27% graduatedegree 7% 22% 23% 24% 20% Child in Household child-under18 46% 24% 27% 26% 29% Pct of Pop. Age 16+ employed 70% 66% 59% 58% 63% income 0-25k 29% 17% 13% 16% 17% income 25-50k 26% 20% 15% 15% 18% income 50-75k 15% 11% 9% 16% 13% income 75-200k 25% 40% 38% 36% 36% income 200k-plus 5% 12% 25% 17% 16% single family 33% 55% 77% 60% 59% multi-family 67% 45% 23% 40% 41% rented 73% 56% 29% 36% 46% owned 27% 44% 71% 64% 54% Total 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 estimates. 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. Housing Stats Voter Registration (Nov 2016) Voter Turnout (Nov 2016) Voter Turnout (Nov 2014) Household Income Education (among those age 25+) Total Pop Language spoken at home 14,430 Immigration Citizen Voting Age Pop Age City of San Rafael - Canal 3A1 Map 1243Lucas ValleyTerra LindaMarinwoodSmith RanchSanta VenetiaPeacock GapCanalChina CampDominican/Black CanyonGlenwoodMont Marin/San Rafael ParkCountry ClubSun ValleyCivic CenterGerstle ParkLoch LomondRafael Meadows/Los RanchitosLincoln/San Rafael HillFairhillsDowntownWest EndMontecito/Happy ValleyPicnic ValleyBret HarteFrancisco Boulevard WestCalifornia ParkCanal WaterfrontBay Islands580101101City of San Rafael 2018 DistrictingNational Demographics Corporation, March 26, 2018Proposed Election Sequence:2020: 1 and 42022: 2 and 3Canal 3BMap layersCanal 3BLandmark PointLandmark AreaPipeline/Power LineRailroadRiverStreetsWater AreaNeighborhoods District 1 2 3 4 Total Ideal Total Pop 14,215 14,633 14,049 14,822 57,719 Deviation from ideal -215 203 -381 392 773 % Deviation -1.49% 1.41% -2.64% 2.72% 5.36% % Hisp 77% 16% 17% 11% 30% % NH White 15% 74% 71% 75% 59% % NH Black 2% 2% 2% 2% 2% % Asian-American 5% 6% 8% 9% 7% Total 4,057 11,302 10,248 11,518 37,123 % Hisp 39% 9% 8% 7% 11% % NH White 42% 81% 81% 81% 77% % NH Black 2% 4% 4% 3% 3% % Asian/Pac.Isl.15% 5% 5% 7% 7% Total 2,932 9,582 8,894 9,822 31,230 % Spanish-surnamed 23% 7% 6% 6% 8% % Asian-Surnamed 9% 3% 3% 4% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.55% 85% 86% 84% 82% % NH Black 5% 3% 3% 3% 3% Total 2,343 8,339 7,881 8,696 27,259 % Spanish-surnamed 21% 6% 6% 6% 7% % Asian-Surnamed 8% 3% 3% 4% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.58% 86% 87% 85% 83% % NH Black 5% 3% 3% 3% 3% Total 1,109 5,048 5,077 5,610 16,844 % Spanish-surnamed 14% 4% 4% 4% 5% % Asian-Surnamed 7% 3% 2% 3% 3% % Filipino-Surnamed 0% 0% 1% 1% 0% % NH White est.70% 91% 91% 89% 89% % NH Black est.5% 2% 2% 2% 2% ACS Pop. Est.Total 14,418 15,529 14,272 15,264 59,482 age0-19 31% 19% 22% 20% 23% age20-60 59% 59% 47% 50% 54% age60plus 10% 22% 31% 31% 24% immigrants 54% 19% 20% 17% 27% naturalized 18% 34% 52% 58% 33% english 23% 73% 79% 77% 64% spanish 69% 18% 9% 9% 25% asian-lang 6% 2% 4% 6% 4% other lang 2% 6% 8% 8% 6% Language Fluency Speaks Eng. "Less than Very Well"51% 11% 8% 9% 19% hs-grad 40% 41% 36% 41% 40% bachelor 11% 30% 33% 29% 27% graduatedegree 6% 22% 24% 24% 20% Child in Household child-under18 47% 24% 26% 26% 29% Pct of Pop. Age 16+ employed 70% 66% 58% 58% 63% income 0-25k 29% 17% 13% 16% 17% income 25-50k 26% 20% 14% 15% 18% income 50-75k 15% 11% 9% 16% 13% income 75-200k 25% 40% 39% 36% 36% income 200k-plus 5% 12% 26% 17% 16% single family 33% 55% 77% 60% 59% multi-family 67% 45% 23% 40% 41% rented 73% 56% 28% 36% 46% owned 27% 44% 72% 64% 54% Total 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 estimates. 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. Housing Stats Voter Registration (Nov 2016) Voter Turnout (Nov 2016) Voter Turnout (Nov 2014) Household Income Education (among those age 25+) Total Pop Language spoken at home 14,430 Immigration Citizen Voting Age Pop Age City of San Rafael - Canal 3B Map 4312Lucas ValleyTerra LindaMarinwoodSmith RanchSanta VenetiaPeacock GapCanalChina CampDominican/Black CanyonGlenwoodMont Marin/San Rafael ParkCountry ClubSun ValleyCivic CenterGerstle ParkLoch LomondRafael Meadows/Los RanchitosLincoln/San Rafael HillFairhillsDowntownWest EndMontecito/Happy ValleyPicnic ValleyBret HarteFrancisco Boulevard WestCalifornia ParkCanal WaterfrontBay Islands580101101City of San Rafael 2018 DistrictingNational Demographics Corporation, March 12, 2018"DistrictElections 2"Proposed Election Sequence:2020: 1 and 42022: 2 and 3Map layersDist Elections 2Landmark PointLandmark AreaPipeline/Power LineRailroadRiverStreetsWater AreaNeighborhoods District 1 2 3 4 Total Ideal Total Pop 15,260 13,966 13,958 14,535 57,719 Deviation from ideal 830 -464 -472 105 1,302 % Deviation 5.75% -3.22% -3.27% 0.73% 9.02% % Hisp 11% 19% 17% 72% 30% % NH White 75% 69% 72% 20% 59% % NH Black 2% 2% 3% 2% 2% % Asian-American 9% 8% 6% 6% 7% Total 11,912 10,052 10,487 4,672 37,123 % Hisp 7% 9% 9% 31% 11% % NH White 81% 79% 81% 50% 77% % NH Black 3% 4% 4% 2% 3% % Asian/Pac.Isl.7% 5% 4% 14% 7% Total 10,105 8,827 8,922 3,376 31,230 % Spanish-surnamed 6% 6% 7% 20% 8% % Asian-Surnamed 4% 3% 3% 8% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.84% 85% 85% 62% 82% % NH Black 3% 3% 3% 5% 3% Total 8,943 7,785 7,763 2,768 27,259 % Spanish-surnamed 6% 6% 6% 19% 7% % Asian-Surnamed 4% 3% 3% 7% 4% % Filipino-Surnamed 1% 1% 1% 1% 1% % NH White est.85% 86% 86% 65% 83% % NH Black 3% 3% 3% 5% 3% Total 5,753 4,978 4,700 1,412 16,844 % Spanish-surnamed 4% 4% 4% 11% 5% % Asian-Surnamed 3% 2% 3% 7% 3% % Filipino-Surnamed 1% 1% 0% 0% 0% % NH White est.89% 91% 91% 76% 89% % NH Black est.2% 2% 2% 4% 2% ACS Pop. Est.Total 15,700 14,201 14,621 14,961 59,482 age0-19 20% 22% 18% 30% 23% age20-60 50% 47% 59% 59% 54% age60plus 31% 31% 23% 11% 24% immigrants 17% 20% 19% 53% 27% naturalized 58% 51% 34% 18% 33% english 77% 79% 75% 24% 64% spanish 9% 10% 17% 68% 25% asian-lang 7% 3% 2% 6% 4% other lang 8% 8% 6% 2% 6% Language Fluency Speaks Eng. "Less than Very Well"9% 8% 10% 50% 19% hs-grad 42% 36% 41% 40% 40% bachelor 29% 33% 31% 11% 27% graduatedegree 24% 24% 22% 6% 20% Child in Household child-under18 26% 26% 24% 46% 29% Pct of Pop. Age 16+ employed 58% 58% 66% 70% 63% income 0-25k 16% 12% 16% 29% 17% income 25-50k 15% 14% 20% 26% 18% income 50-75k 16% 9% 11% 14% 13% income 75-200k 36% 39% 40% 25% 36% income 200k-plus 17% 26% 12% 5% 16% single family 60% 77% 54% 36% 59% multi-family 40% 23% 46% 64% 41% rented 36% 29% 57% 71% 46% owned 64% 71% 43% 29% 54% Total population data from the 2010 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Household Income Education (among those age 25+) Total Pop Language spoken at home 14,430 Immigration Citizen Voting Age Pop Age City of San Rafael - District Elections 2 Map Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. 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. Housing Stats Voter Registration (Nov 2016) Voter Turnout (Nov 2016) Voter Turnout (Nov 2014) ORDINANCE NO. 1956 AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING A BY-DISTRICT ELECTION PROCESS IN FOUR COUNCIL DISTRICTS PURSUANT TO CALIFORNIA ELECTIONS CODE § 10010 & CALIFORNIA GOVERNMENT CODE §§ 34871 (C) & 34886 WHEREAS, the City of San Rafael supports the full participation of all residents in electing members of the City Council; and WHEREAS, Article VI of the Charter of the City of San Rafael provides for four elected City Council members and a separately elected Mayor; and WHEREAS, the City of San Rafael currently elects four of its City Council members using an at-large election system, with a separately elected Mayor, who is also a member of the City Council; and WHEREAS, in the at-large election system candidates may reside in any part of the City, and each City Council member is elected by the voters of the entire City; and WHEREAS, in a by-district election system a candidate for City Council must reside in the district which he or she wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be; and WHEREAS, on November 10, 2017, the City received a letter from an attorney asserting the City's at-large electoral system violated the California Voting Rights Act, and threatening litigation if the City declined to adopt by-district elections; and WHEREAS, the letter did not contain any evidence of a violation , but the cost of defending against a claim under the California Voting Rights Act is extremely high; and WHEREAS, Article IV, Section 2, of the Charter of the City of San Rafael provides that all elections to fill the City's public offices shall be conducted in the manner provided for by general law; and WHEREAS, California Government Code section 34886, as amended effective January 1,2017, provides: Notwithstanding Section 34871 or any other law, th.e legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 1 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code); and WHEREAS, California Government Code section 34871 (c) provides for the election of members of the legislative body of a city by districts in four districts, with a separately elected mayor; and WHEREAS, at its regular meeting on January 16, 2018, the City Council adopted a resolution of intent to establish a by-district voting process pursuant to Elections Code section 10010; and WHEREAS, pursuant to California Government Code section 34886, it is declared the change in the method of electing members of the City Council of the City of San Rafael made by this ordinance is to implement the guarantees of Section 7 of Article I and of Section 2 of Article " of the California Constitution, as set forth in Section 14031 of the California Voting Rights Act; and WHEREAS, under the provisions of California Elections Code section 10010, a political subdivision that changes from an at-large method of election to a by-district method of election shall hold at least two public hearings over a period of no more than thirty days, at which the public is invited to provide input regarding the composition of the districts before drawing a draft map or maps of the proposed boundaries of the districts; and WHEREAS, before any maps of the proposed boundaries of the districts were drawn, the City Council held public hearings on February 5,2018, and February 20,2018, at which time input from the public on the proposed district boundaries was invited and heard; and WHEREAS, at the public hearing on February 20, 2018, the City Council instructed its demographic consultant to develop redistricting plan options in accordance with the criteria adopted by the Council in Resolution No. 14468; and WHEREAS, on February 26, 2018, consistent with the provisions of California Elections Code section 10010, the City published and made available for release, six draft maps for consideration by the Council, three of which were prepared by the City's demographic consultant and three of which were prepared and submitted to the City by members of the public; and WHEREAS, the potential sequence of elections was also published; and WHEREAS, as required by California Elections Code section 10010 and as detailed hereafter, the City held at least two additional hearings within a period of no more than 45 days from February 26, 2018, at which the public was again invited to provide input regarding the content of the draft maps and the potential sequence of elections; and 2 : , WHEREAS, as required by California Elections Code section 10010, the City held a public hearing on March 5, 2018, at which the public was invited to provide input regarding the content of the draft maps and the potential sequence of elections; and WHEREAS, on March 5, 2018, consistent with the provisions of California Elections Code section 10010, the City published, and made available for release, one additional draft map prepared and submitted by members of the public for consideration by the public and the City Council; and WHEREAS, the potential sequence of elections for that map was also published; and WHEREAS, on March 12, 2018, the City Council held a specially-noticed study session for further consideration of the seven draft maps that were published on or before March 12, 2018; and WHEREAS, on March 12, 2018, consistent with the provisions of California Elections Code section 10010, the City published and made available for release, four additional/revised draft map(s) for consideration by the public and the City Council; and WHEREAS, the potential sequence of elections for those maps was also published; and WHEREAS, as required by California Elections Code section 10010, the City held a public hearing on March 19, 2018, at which the public was invited to provide input regarding the content of the eleven draft maps published and made available for release on or before March 12, 2018, and the potential sequence of elections; and WHEREAS, on March 26, 2018, consistent with the provisions of California Elections Code section 10010, the City published, and made available for release, three additional draft maps prepared and submitted by the City's demographic consultant for consideration by the public and the City Council; and WHEREAS, the potential sequence of elections for those maps was also published; and WHEREAS, as required by California Elections Code section 10010, the City held a public hearing on April 2, 2018, at which the public was invited to provide input regarding the content of the fourteen draft maps published and made available for release on or before March 26, 2018, and the potential sequence of elections; and . WHEREAS, the purpose of this Ordinance is to enact, pursuant to the Charter of the City of San Rafael and California Government Code section 34886, an ordinance providing for the election of the members of the City Council of the City of San Rafael by- district in four single-member districts, retaining a separately elected office of Mayor. NOW, THEREFORE, the City Council of the City of San Rafael does ordain as follows: 3 DIVISION 1. Chapter 2.02 of the San Rafael Municipal Code, entitled "Elections", is hereby amended by amending Section 2.02.040 thereof to read as follows: 2.02.040. By-district electoral system for four City Councilmembers; Mayor separately elected. A. Pursuant to the City Charter and California Government Code sections 34886 and 34871 (c), councilmembers shall be elected by-districts in four (4) . single-member districts. As required by the City Charter, the Mayor will be separately elected by a citywide vote. B. (1) Beginning with the general municipal election in November 2020, councilmembers shall be elected in the electoral districts reflected on the map contained in Exhibit A hereto and as subsequently reapportioned as provided by State law. Elections shall take place on a by-district basis as that term is defined in California Government Code section 34871, meaning one member of the City Council shall be elected from each district, by the voters of that district alone, except for the Mayor, who shall be elected citywide. In accordance with the City Charter, each councilmember and the Mayor, shall serve a four-year term until his or her successor has qualified. (2) Except as provided in subdivision (B)(3) hereof, the councilmember 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 councilmember 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 . (3) Notwithstanding any other provision of this section, each of the councilmembers in office at the time 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 h~r successor is qualified. Vacancies in councilmember offices elected at- large may be filled from the City at-large. At the end of the term of each councilmember, that member's successor shall be elected on a by-district basis in the districts established in Subsection A and the map contained in Exhibit A hereto, as may subsequently reapportioned as provided by State law. A vacancy in a Councilmember office elected by-district shall be filled by a person qualified to hold the office, who is a resident of the district. 4 DIVISION 2. Chapter 2.02 of the San Rafael Municipal Code, entitled "Elections", is hereby amended by adding new Section 2.02.050 to read as follows: 2.02.050. Election schedule for Councilmembers elected by-district. A. Councilmembers shall be elected in Council Districts 4/North and 1/South beginning at the General Municipal Election in November 2020, and every four years thereafter. B. The Councilmembers from Council Districts 3/East and 2/West shall be elected beginning at the General Municipal Election in November 2022, and every four years thereafter. DIVISION 3. Chapter 2.02 of the San Rafael Municipal Code, entitled "Elections", is hereby amended by adding new Section 2.02.060 to read as follows: 2.02.060 Election of other City officers. The election of members of the board of education, and all other elective city officers, shall occur at the general municipal election, and the terms of their offices shall be as set forth in the City Charter. Nominations and all elections to fill public offices and elections on measures shall be made, held and conducted in the manner provided for by general law. DIVISION 4. If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee 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 Manager shall consult with the 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. DIVISION 5: The City Council finds that the proposed amendments to the San Rafael Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) in that it is not a project which has the potential for causing a significant effect on the environment. 5 DIVISION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 7. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers voting for or against the Ordinance. ATTEST: LINDSAY LARA, City Clerk The foregoing Ordinance No. 1956 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, April 2, 2018, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: Colin ABSENT: Councilmembers: None 6 And will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 16th day of April 2018. LINDSAY LARA, City Clerk [EXHIBIT A -CANAL 3B DISTRICT MAP] 7 Lucas Valley Map layers D Cana13B + Landmark Point Landmark Area Pipeline/Power Line --Railroad River --Streets Water Area Neighborhoods Marinwood Proposed Election Sequence: 2020: 1 and 4 2022: 2 and 3 City of San Rafael 2018 Districting Cana13B Santa Venetia China Camp Bay Islands National Demographics Corporation, March 26, 2018 City of San Rafael -Canal 3B Map District I 1 2 3 4 Total Ideal Total Po~ 14,215 14,633 14,049 14,822 57,719 14,430 Deviation from ideal -215 203 -381 392 773 % Deviation -1.49% 1.41% -2.64% 2.72% 5.36% %Hisp 77% 16% 17% 11% 30% Total Pop %NHWhite 15% 74% 71% 75% 59% --%NHBlack 2% 2% 2% 2% 2% % Asian-American 5% 6% 8% 9% 7% Total 4,057 11,302 10,248 11,518 37,123 Citizen Voting Age %Hisp 39% 9% 8% 7% 11% %NHWhite 42% 81% 81% 81% 77% Pop -%NH Black 2% 4% 4% 3% 3% % Asian/Pac.Isl. 15% 5% 5% 7% 7% Total 2,932 9,582 8,894 9,822 31,230 % Spanish-surnamed 23'V. 7% 6% 6% 8% Voter Registration % Asian-Surnamed 9% 3% 3% 4% 4% (Nov 2016) % Filipino-Surnamed 1% 1% 1% 1% 1% % NH \'\'hite est. 55 % 85% 86 % 84% 82 % %NHBlack 5% 3% 3% 3% 3% Total 2,343 8,339 7,881 8,696 27,259 % Spanish -surnamed 21 % 6% 6% 6% 7% -Voter Turnout % Asian-Surnamed 8% 3% 3% 4% 4% (Nov 2016) % Filipino -Surnamed 1% 1% 1% 1% 1% % NH \'\'hite est. 58% 86% 87% 85% 83% --%NHBlack 5% 3% 3% 3% 3% Total 1,109 5,048 5,077 5,610 16,844 % Spanish-surnamed 14% 4% 4% 4% 5% Voter Turnout % Asian-Surnamed 7% 3% 2% 3% 3% (Nov 2014) % Filipino-Surnamed 0% 0% 1% 1% 0% % NH \'\'hite cst. 70% 91% 91 % 89% 89 % % NH Black est. 5% 2% 2% 2% 2% ACS Pop. Est. Total 14,418 15,529 14,272 15,264 59,482 ageO -19 31 % 19% 22% 20% 23% Age age20 -60 59% 59% 47% 50% 54% age60plus 10% 22% 31% 31% 24% Immigration immigrants 54% 19% 20% 17% 27% -naturalized 18% 34% 52% 58% 33 % Language spoken at english 23 % 73% 79% 77% 64% spa~sh 69% 18% 9% 9% 25 % home -asian-lang 6% 2% 4% 6% 4% other lang 2% 6% 8% 8% 6% Language Fluency Speaks Eng. "Less 51 % 11% 8% 9% 19% than Very WeU" Education (among hs-~ad 40% 41 % 36 % 41 % 40 % those age 25 +) bachelor 11 % 30% 33 % 29 % 27% graduatedegree 6% 22% 24% 24% 20% Child in Household child-under18 47 % 24% 26 % 26% 29 % Pct of Pop. Age 16+ employed 70% 66% 58% 58% 63% income 0-25k 29 % 17% 13% 16% 17% income 25 -50k 26 % 20% 14% 15% 18% Household Income income 50-75k 15% 11 % 9% 16% 13% income 75 -200k 25 % 40% 39 % 36 % 36 % income 200k-plus 5% 12% 26 % 17% 16% single family 33 % 55% 77% 60% 59 % Housing Stats multi-family 67 % 45% 23% 40% 41 % rented 73% 56 % 28 % 36 % 46 % owned 27% 44% 72% 64% 54% Tow population d.tt from the 20 HI Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Larino votcr rcg;stfation and turnout data arc Sp:mish-sumamc counts adjusted using Census Population Department undcrcount estimarcs. NH \Vhirc and NH Black rc-gistntion and rumout counts estim.red by NDC. Citizen Voting Age P o p., Age, Immigration, and other demographics from the 2011-2015 American Community Survcy and Special Tabulation 5-ve .r datto RESOLUTION NO. 14453 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT-BASED ELECTIONS FOR CITY COUNCIL PURSUANT TO ELECTIONS CODE SECTION 1001 0(E}(3}(A}, EFFECTIVE FOR THE NOVEMBER 2020 GENERAL MUNICIPAL ELECTION WHEREAS, the City of San Rafael is a charter city duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, Article VI of the Charter of the City of San Rafael ("City Charter") provides for the election of four city council members and a separately elected mayor at the general municipal election; and WHEREAS, Article IV of the City Charter provides that all elections to fill public offices shall be held and conducted as provided by general state law; and WHEREAS, the City currently uses an at-large election system for electing the mayor and city council members; and WHEREAS, on November 20, 2017, the City Clerk received by certified mail a letter from attorney Kevin I. Shenkman asserting that the City's at-large election system violates the California Voting Rights Act of 2001 (Elections Code §§14025-14032) ("CVRA") and threatening to sue the City unless the City transitions to a district-based election system for its city council; and WHEREAS, a violation of the CVRA is established if it can be proven that "racially polarized voting" occurs in the City's at-large election system. Racially polarized voting means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a "protected class", an in the choice of candidates or other electoral choices that are preferred by voters in the rest of the electorate (Elections Code §14026(e)); and WHEREAS, the City Council has been advised that defending a lawsuit filed pursuant to the CVRA will require the City to incur legal fees and costs potentially in the hundreds of thousands of dollars for the City's own defense, and additional liability of potentially hundreds of thousands of dollars in legal fees and costs payable to the prevailing plaintiffs if the City is unsuccessful; and WHEREAS, California Government Code Section 34886, in certain circumstances, authorizes the legislative body of a city to adopt an ordinance to change its method of election from an "at-large" to "district-based" in which each council member is elected only by the voters residing in the district in which the candidate resides; and WHEREAS, the California Legislature, in amendments to Elections Code section 10010, has provided a method whereby a jurisdiction, including a charter city, can expeditiously change to a by-district election system and avoid litigation under the CVRA; and WHEREAS, if the City elects to transition to a district-based election system within the timeframe established in Elections Code section 10010, then the City is protected from the filing of a CVRA lawsuit with its incumbent costs, and its liability to the potential plaintiffs for legal fees will be capped at $30,000; and WHEREAS, although Mr. Shenkman's letter was not accompanied by any evidence to support his claim of a CVRA violation, the City Council finds that the City should act within the safe-harbor timeframe provided by Elections Code Section 10010 to transition from an at-large election system to a district-based election system for electing the city councilmembers; and WHEREAS, prior to the City Council's consideration of an ordinance to establish district boundaries for a district-based electoral system, California Elections Code Section 10010 requires all of the following: 1. Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two (2) public hearings over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts; 2. After all draft maps are drawn, City shall publish and make available for release at least one draft map and, if members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections shall also be published. The City Council shall also hold at least two (2) additional hearings over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven (7) 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 (7) days before being adopted; and WHEREAS, the City will retain an experienced demographer to assist the City to develop a proposal for a district-based electoral system; and WHEREAS, the adoption of a district-based electoral system will not affect the term of any sitting Council Member, each of whom will serve out his or her current term; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael as follows: 1. The City Council shall consider an ordinance to change to a district-based election system for use in the City's General Municipal Election for City Council Members beginning in November 2020. 2. The City Council directs staff to work with the City's retained demographer, and other appropriate consultants as needed, to provide a detailed analysis of the City's current demographics and any other information or data necessary to prepare a draft map that divides the City into voting districts in a manner consistent with the intent and purpose of the California Voting Rights Act and the Federal Voting Rights Act. 3. The City Council approves the tentative timeline set forth in Exhibit A, attached to and made a part of this resolution, for conducting a public process to solicit public input on proposed district-based electoral maps before adopting any such map. 2 4. The City Council directs staff to institute a program for public outreach and to inform the residents of San Rafael of this resolution and the process set forth in Exhibit A, and to facilitate and encourage public participation. 5. The timeline contained in Exhibit A may be adjusted as deemed necessary, provided that such adjustments shall not prevent the City from complying with the time frames specified by Election Code Section 10010. I, LINDSAY LARA, Interim City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael held on the 16 th day of January, 2018, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Lindsay Lara, Interim City Clerk 3 EXHIBIT A TENTATIVE TIMELINE TRANSITION TO DISTRICT-BASED ELECTIONS PER ELECTIONS CODE §10010 NO. TASK DATE 1 Adopt Resolution of Intention January 16, 2018 2 1ST Public Hearing: Consider composition of districts February 5, 2018 3 2nd Public Hearing: Consider composition of districts February 20, 2018 4 Publication of draft maps and proposed election sequence By February 26, 2018 5 3rd Public Hearing: Consider draft maps and election sequence March 5, 2018 6 Publication of any new or revised draft maps and/or proposed election sequences By March 12, 2018 7 4th Public Hearing: Consider draft maps election sequence, and introduce ordinance establishing district elections March 19, 2018 8 Publication of any new or revised draft maps and/or proposed election sequences By April 9, 2018 9 5th Public Hearing: Adopt ordinance establishing district April 16, 2018 10 Day 90 April 16, 2018 11 Effective date of ordinance 12 First district-based election November 3, 2020 RESOLUTION NO. 14468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SPECIFYING THE CRITERIA TO GUIDE THE ESTABLISHMENT OF ELECTORAL DISTRICTS AND TO FURTHER SPECIFY THE DEADLINE FOR SUBMISSION OF PROPOSED MAPS BY THE PUBLIC WHEREAS, on January 16, 2018, the City Council of the City of San Rafael (“City”) adopted Resolution No. 14453, stating its intention to adopted district -based elections pursuant to Elections Code section 10010 and the California Voting Rights Act; and WHEREAS, the City has retained an experienced demographer and special legal counsel to assist the City in establishing a by-district electoral system; and WHEREAS, on February 5, 2018, and February 20, 2018, the City Council received presentations from its special counsel concerning the current demographics of the City under the 2010 census and American Community Survey, and the procedures and legal and policy criteria governing districting, and received public comment regarding appropriate criteria; and WHEREAS, on February 5, 2018, and February 20, 2018, the City Council further conducted duly noticed public hearings at which it received testimony from the public regarding appropriate districting criteria; and WHEREAS, the City Council has fully considered the presentations of its consultants and all of the public comments received; and WHEREAS, the City Council now wishes to adopt criteria to guide the establishment of electoral districts consistent with legal requirements, including reasonably equal population and Section 2 of the federal Voting Rights Act, and which address other concerns and considerations important to the City; and WHEREAS, the City has made available on its website materials, including an online mapping program, that are designed to enable members of the public to submit proposed district maps for consideration by the Council; and WHEREAS, in adopting Resolution No. 14453, the City Council also adopted a timeline for the consideration of proposed maps; and WHEREAS, to facilitate full consideration of proposed maps at public hearings scheduled for March 5, 2018, March 19, 2018, and April 16, 2018, the Council wishes to adopt a deadline for submission of proposed maps from the public; NOW, THEREFORE, BE IT RESOLVED, the above recitals are true and correct; and BE IT FURTHER RESOLVED, that the City Council hereby adopts the criteria identified in Exhibit A to this Resolution as criteria to guide the establishment of electoral districts to be implemented beginning with the November 2020 City Council elections; and BE IT FURTHER RESOLVED, that the City’s redistricting/demographic consulting firm, acting under the supervision of the City Manager, is hereby authorized and directed to formulate one or more electoral district plan scenarios based upon the criteria specified in Exhibit A for review by the public and by the City Council at three public hearings (or more if necessary), in accordance with the adopted timeline; and BE IT FURTHER RESOLVED, that the City Council hereby adopts a deadline of March 8, 2018, for submission of proposed maps by the public for consideration by the City Council at future public hearings; and BE IT FURTHER RESOLVED, that the City Manager shall consult with legal counsel to resolve all legal issues necessary to give effect to this Resolution. I, LINDSAY LARA, Interim City Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Tuesday, the 20th of February 2018, by the following vote, to wit: AYES: Councilmembers: Colin, McCullough & Mayor Pro Tem Bushey NOES: Councilmembers: None ABSENT: Councilmembers: Gamblin & Mayor Phillips Lindsay Lara, Interim City Clerk EXHIBIT A Specification of Criteria to Guide the Establishment of Electoral Districts 1. The boundaries of the electoral districts shall be established so that the electoral districts are equal in population as defined by law. 2. The boundaries of the electoral districts shall not be gerrymandered in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny. 3. The boundaries of the electoral districts shall be established so that the electoral districts do not result in a denial or abridgement of the right of any citizen to vote on account of race or color as provided in Section 2 of the federal Voting Rights Act. 4. The boundaries of the electoral districts shall observe communities of interest as identified in public comment or identified by the city council, including, but not limited to social interests; historical areas; industrial or service industry interests; residential and commercial areas, the location of city facilities and historical sites, and the like, insofar as practicable. 5. The boundaries of the electoral districts shall be compact, insofar as practicable. 6. The boundaries of the electoral districts shall be created to contain cohesive, contiguous territory, insofar as practicable. A district shall not be determined to be non-contiguous within the meaning of this criterion if it is connected by Census blocks comprised of water, and the Council may also take into account the existence of numerous unincorporated islands within the boundaries of the City that are not part of incorporated San Rafael in assessing contiguity. 7. The boundaries of the electoral districts may observe topography and geography, such as the existence of mountains, flat land, forest lands, man-made geographical features such as highways, major roadways and canals, etc., as natural divisions between districts, insofar as practicable. 8. Unless otherwise required by law, the electoral districts shall be created using whole census blocks, insofar as practicable. 9. The boundaries of the electoral districts may avoid the “pairing” of incumbents in the same electoral district, insofar as this does not conflict with the constitution and laws of the St ate of California and the United States. 10. The boundaries of the electoral districts shall comply with such other factors which become known during the districting process and are formally adopted by the City Council. DISTRICT ELECTIONS CITY OF SAN RAFAEL NOTICE OF PUBLICATION OF DRAFT DISTRICT MAPS PLEASE TAKE NOTICE that on Monday, March 26, 2018, the City of San Rafael will publish on its website draft maps showing proposed electoral district boundaries, for discussion at a public hearing to be held by the San Rafael City Council. YOU MAY REVIEW DRAFT MAPS by going to the following page on the City of San Rafael’s website: https://www.cityofsanrafael.org/draft-maps/. You may also review draft maps in the Office of the City Clerk, at San Rafael City Hall room 209, 1400 Fifth Avenue, San Rafael, between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday. THE CITY COUNCIL HEARING to consider the draft district maps will be held: Monday, April 2, 2018 at 7:00 p.m. City Council Chambers, 1400 Fifth Avenue, San Rafael, CA FOR MORE INFORMATION you may contact Lindsay Lara, City Clerk, at (415) 485- 3066 Monday through Friday, 8:30 a.m. to 5:00 p.m. SAN RAFAEL CITY COUNCIL /s/ _______________________ LINDSAY LARA, City Clerk, City of San Rafael CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING The City Council of the City of San Rafael will hold a public hearing: DATE/TIME/PLACE: Monday, April 2, 2018, at 7:00 p.m. City Hall Council Chambers, 1400 Fifth Avenue, San Rafael PURPOSE: Public Hearing: On April 2 and April 16, 2018, at 7:00 p.m., in the City Council Chambers located at 1400 Fifth Avenue, the City Council of the City of San Rafael will conduct Public Hearings regarding establishing single-member council districts in which to conduct by-district elections for the City Council members, and the potential sequence of elections in such districts. At the public hearing on April 2, the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections and the City Council will consider adoption of an ordinance establishing district- based elections, the boundaries of the districts and the sequence of elections for each district. Comments can also be submitted via e-mail to Lindsay.lara@cityofsanrafael.org. More information about the establishment of single-member districts for by-district elections, including draft maps when they become available, will be included on the City's website at https://www.cityofsanrafael.org/district-elections. In the event changes are necessary to the public hearing schedule noted above, a new notice will be published in accordance with law. IF YOU CANNOT ATTEND: You may send a letter to Lindsay Lara, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You may also hand deliver a letter to the City Clerk prior to the meeting. FOR MORE INFORMATION: You may contact Lisa Goldfien, Assistant City Attorney, at (415) 485-3081. Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. SAN RAFAEL CITY COUNCIL /s/ LINDSAY LARA LINDSAY LARA, City Clerk CIUDAD DE SAN RAFAEL AVISO DE AUDIENCIA PÚBLICA El Concejo Municipal de la Ciudad de San Rafael tendrá una audiencia pública: FECHA / HORA / LUGAR: Lunes, 2 de abril de 2018 a las 7:00 p.m. Sala del Consejo Municipal, 1400 Fifth Avenue, San Rafael, CA 94901 PROPÓSITO: Audiencia pública: El 2 de abril y el 16 de abril de 2018, a las 7:00 p.m., en la Sala del Consejo Municipal, ubicada en 1400 Fifth Avenue, el Consejo Municipal de la Ciudad de San Rafael conducirá audiencias públicas con respecto al establecimiento de distritos municipales de un solo miembro en los cuales se llevarán a cabo elecciones para los miembros del Consejo Municipal, y la posible secuencia de elecciones en tales distritos. En la audiencia pública el 2 de abril, se invita al público a proporcionar su opinión sobre el contenido del mapa o mapas preliminares y la secuencia propuesta de elecciones, y el Consejo Municipal considerá adoptar una ordenanza que establezca elecciones basadas en distritos, los límites de los distritos, y la posible secuencia de elecciones en tales distritos. También puede enviar sus comentarios por correo electrónico a lindsay.lara@cityofsanrafael.org. Se incluirá más información sobre el establecimiento de distritos de un solo miembro para elecciones por distrito, y borradores de mapas cuando estén disponibles, en el sitio web de la Ciudad en https://www.cityofsanrafael.org/district-elections. En el caso de que sean necesarios cambiar el calendario de la audiencia pública que está mencionado anteriormente, se publicará un nuevo aviso de acuerdo con la ley. SI NO PUEDE ASISTIR: Puede enviar una carta a Lindsay Lara, Secretaria Municipal, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915- 1560. Usted también puede entregar una carta a la Secretaria Municipal en persona antes de la reunión. PARA OBTENER MÁS INFORMACIÓN: Puede comunicarse con Lisa Goldfien, Abogado Asistente Municipal, al (415) 485-3081. El horario de oficina es de lunes a viernes, de 8:30 a.m. a 5:00 p.m. CONSEJO MUNICIPAL DE SAN RAFAEL /f/ LINDSAY LARA LINDSAY LARA, SECRETARIA MUNICIPAL Title Name Description Submitted District Elections Dennis Wulkan Is this City Council constitutionally empowered to make this decision or is that a conflict of interest? Why wouldn't they give voters a chance to weigh in on such an important change? I'm aware some attorneys threatened a lawsuit, but why isn't the City concerned about a lawsuit that might arise out of them making this very decision? 2/7/2018 District Elections Johnson Reynolds You invited public to make suggestion on how to draw districts - we need map showing census tract, neighborhood in San Rafael, as well as population in each census tract, neighborhood, perhaps other information - information on race-ethnicity, socio-economic status, multi-family/single-family homes per census tract, neighborhood - in order to make thought-through, serious contribution on how the districts should be drawn. 2/7/2018 district boundaries Amie Catherine Stewart Reed To Chris Skinnell: please communicate to the demographer that most families that live in the Bret Harte neighborhood have children that attend Coleman Elementary School (on Belle Ave) in the Dominican neighborhood, and there is a strong sense of community between the 2 neighborhoods. 2/9/2018 District Elections Dora Knell It is strange the use at-large elections is described as polarizing. District elections are polarizing because emphasis will be on making borders separating groups determined by race or ethnicity according to the demands of a stranger. It is such a lie to claim San Rafael city government is racist by design. It is especially problematic because many of those supposedly needing protection are not eligible to vote. As a long time citizen of San Rafael I am offended by the reason such a change is being sought. 3/7/2018 New canal1 Ayla Yaitanes Hello, Trying to understand this map. There is an overlay called "new canal 1". I think this is an attempt to carve out a homogenous population? If so, I'm confused why there is an arbitrary bump out for Hillcrest Drive. I live at 10 hillcrest drive and wonder why it may be included in the canal district? 3/7/2018 Thank you! Pls include Vista Marin Dr with Terra Linda Richard Hall Vista Marin Dr is a small neighborhood but more connected community-wise to Terra Linda (Freitas Parkway) than neighborhoods to our south as proposed in some of the district maps. Over my 10 years involved with the community, Vista Marin has little concerns in common with Peacock Gap, Dominican and areas to our south where ingress/egress is via Knight Drive through downtown San Rafael. We are separated from areas to the south by the Marin Civic Center which is a sizable distance/boundary to the other neighborhoods - effectively we are an orphan district which our representative could sacrifice/ ignore. By comparison a Terra Linda representative would be more aligned with serving our neighborhood. Neighborhood meetings we have are aligned around Terra Linda- we never organically have meetings or issues in common with more distant neighborhoods to our south. Can Vista Marin Drive please be included in the Terra Linda district. 3/7/2018 Keep Vista Marin with Terra Linda districts Harriot Manley Dear officials:In regards to the new districting proposals for the City of San Rafael, please note that, as a member of the Vista Marin community, I strongly urge you to keep our neighborhood within maps comprising other Terra Linda communitiess, not Dominican or Peacock Gap. These would be the green purple, orange, and olive maps now being considered. Our homes and our issues are much more closely linked to others in Terra Linda rather than communities to south of us. Thank you. 3/7/2018 Representation Derrick Bell East Terra Linda needs to part of Terra Linda, not Peacock Gap. Our interests will not be represented. 3/7/2018 District map for Brete Harte Craig Peterson Dear City Gerrymanderer, Please Include ALL of Brete Harte in our district parcel by drawing the borders to include Woodland Avenue and also include the Solar court Brete Harte neighbor hood homes as well! Thank you. 3/9/2018 Proposed district council maps Dwayne Warren As a resident of the Bret Harte neighborhood, I am not happy with any map that would split our neighborhood. That is any district boundary that goes down any residential street. This puts those who live on one side of the street (e.g. DuBois) in one district and those on the other side in another. In such cases neighbors may find that their respective council representative may have opposing views on any given topic. Where as the neighbors themselves may be in solidarity with one another. 3/10/2018 District Maps William Carney Dear Mayor and City Council, In reviewing the current maps of potential San Rafael voting districts, please consider the attached hybrid of the Green and Purple maps. I believe that the Green map comes very close to representing coherent contours for districts 1 and 3. However, it falls short of optimum for district 4 (by severing the significant eastern portion of the Canal) and for district 2 (by leaving out the Montecito/ Happy Valley area affecting so much of the access to the San Pedro peninsula). The suggested hybrid restores these natural boundaries. It meets the numerical requirements for district 4 by including a portion of downtown between the freeway and roughly Lindaro Street (with the remainder of that census tract going to district 3). It meets the numerical requirements for district 2 by including the upper Lincoln Avenue census track (or some portion of it, as needed). Besides respecting basic geographic and social communities of interest, I believe this scheme would help retain a city-wide perspective for the Council Members elected from all districts, since each district would include key territory involved in two issues of great importance to the future of the City as a whole: a) the growth and housing potential of our two half-mile radius Station Areas; and b) 3/12/2018 tidal zones facing the encroachments of sea level rise. All Council members would have a significant stake in working together to solve these issues of importance to the entire city. Thank you for your careful consideration. Title Description Submitted District Elections Dear Councilman McCullough, As a resident of Baypoint Lagoons, I support your position that Spinnaker Point should be included with the Canal area in the same district. Placing Spinnaker in another district is an obvious carve-out, or gerrymander, in the interest of one group. It does not reflect the daily interaction of the population living in proposed District 4 of the Canal 2 Map. We frequent the same businesses, shop at Mi Pueblo (now Cardenas), and share daily walks on the Shoreline Path. It would benefit the Canal residents to participate in civil government along with the larger community in this district. Parking issues are a special concern of businesses flanking the Canal, but also of Spinnaker and Baypoint residents. Resolution requires inclusion of all affected parties.How would this be helped by having affected parties split into two different districts?Dialogue has resulted in a test period of limited parking hours, and a continued search for alternative space for secure parking of workers’ cars. I have observed your attendance at meetings on issues related to Canal and Baypoint Lagoon and Spinnaker Point residents, and feel that you have correctly assessed the commonality of concerns for this contiguous land area in San Rafael. The Latino population here is intelligent, hard- working and family oriented. They are and would be welcome citizens to our country. I think they would fare well in the District 4 configuration of the Canal 2 or "District Elections 2” Maps. Respectfully, Tommie 2018-03-30 17:05:53 UTC Tommie Weldon District Based Elections - Focused Maps In reviewing the 5 possible re-districting maps that are remaining in consideration (i.e. the "Focus Maps") it looks to me like there is significant gerrymandering underway here to 'stack and pack' the majority of the City's Latino voters into one district with every map except District Elections 2. While I recognize a root cause for re-districting is that Latino votes are too diluted under the current at- large election system, I am disappointed to see that the focus of the re-districting seems to be just to concentrate this portion of the population into one district regardless of geography, neighborhood boundaries, local challenges, or other considerations. It is very short-sighted and operates under the assumption that our racial distribution will never change in the City. Over time, we could see shifts in racial distribution and be left with districts that don't adequately serve the interests of minorities OR the neighborhoods. I would strongly encourage the council to consider more than just race when drawing the lines of the districts and think about the lasting effects on neighborhoods in the long run. Please consider neighborhood boundaries, common issues that face areas within the City, etc. Of the current Focus Maps, I would advocate for District Elections 2. 2018-03-30 21:08:55 UTC DJ Allison District Maps I would like to voice my opinion since I am unable to attend the meeting on Monday. I am a new resident of Spinnaker Point and I believe it would be best to exclude Spinnaker Point/Baypoint areas from the Canal district map. We are two very different populations with very different concerns. We should have representation that supports us and our concerns, as well as the Canal population should have their own representative that reflects what they want. The only common concern I have seen is regarding the parking situation, however, our two groups probably want to resolve it in very different ways. I think it would be in the best interest of both groups to separate them for purposes of the district maps. 2018-04-01 19:06:05 UTC Tina daCosta New Electoral Districts in San Rafael Dear Members of the San Rafael City Council: SUMMARY: As a resident of Spinnaker Point, I support assigning the Canal area and Spinnaker Point/Baypoint Lagoons to one district. Residents of Spinnaker Point, and probably Baypoint Lagoons (SP/BL), share many issues with residents of the Canal area. Examples are parking, parks maintenance, roads, the library and community center, flooding and global warming, status of the berm on which Starkweather Park is built. The only way to address these and other issues is to communicate and to work together. On parking, for example, I applaud city efforts to insure that the streets are available to all citizens, not just the people who happen to live on a particular street. If the Canal and SP/BL were to be represented by different council members, how could we insure our various voices are heard on such issues? SP/BL voters and residents would be a very small part of some other, non- contiguous, district and the councilor rightly would have to pay attention to the most pressing issues of her/his constituency. Mr. Carrera’s statement concerning latino voters was shocking to me. I saw in it blatant racism. Supporting proper representation for one group cannot mean denying it to another group. Government is not a zero-sum game. And what of the non-latino residents, e.g. Asians and non-hispanic whites, in the Canal area? Should the councilor for their district ignore them in order to provide more power for latinos? Here is a quote from Wikipedia concerning gerrymandering in the U.S.: Begin quote: While the Equal Protection Clause, along with Section 2 and Section 5 of the Voting Rights Act, prohibit jurisdictions from gerrymandering electoral districts to 2018-04-02 00:28:46 UTC Dennis Papendick dilute the votes of racial groups, the Supreme Court has held that in some instances, the Equal Protection Clause prevents jurisdictions from drawing district lines to favor racial groups. The Supreme Court first recognized these "affirmative racial gerrymandering" claims in Shaw v. Reno (Shaw I) (1993),[27] holding that plaintiffs "may state a claim by alleging that [redistricting] legislation, though race neutral on its face, rationally cannot be understood as anything other than an effort to separate voters into different districts on the basis of race, and that the separation lacks sufficient justification". The Supreme Court reasoned that these claims were cognizable because relying on race in redistricting "reinforces racial stereotypes and threatens to undermine our system of representative democracy by signaling to elected officials that they represent a particular racial group rather than their constituency as a whole".[27]:649–650[28]:620 Later opinions characterized the type of unconstitutional harm created by racial gerrymandering as an "expressive harm",[13]:862 which law professors Richard Pildes and Richard Neimi have described as a harm "that results from the idea or attitudes expressed through a governmental action."[29] End quote. I urge the council to adopt a districting plan in which the Canal area and SP/BL are included in the same district. Sincerely, Dennis Note: I am your Monday afternoon volunteer concierge in the City Hall lobby. Dividing Up Bret Harte I have looked over the 3 proposed districts and each of them divide up Bret Harte. We are a community and should be kept together as one district. 2018-04-02 12:08:46 UTC Donna Robertson Priht Subject: COMMENTS RE: MAP FOR THE CITY DISTRICT ELECTIONS From: johnson reynolds ( andrew.mccullough@cityofsanrafael .org; gary.phillips@cityofsanrafael.org; To: kate.colin@cityofsanrafael.org; john.gamblin@cityofsanrafael.org; maribeth .bushey@cityofsanrafael.org; Date: Thursday, March 29, 2018 2: 12 PM Page 1 of 1 As a member of the Christian faith I cite 2 passages from Christian scripture in support of what the Voting Rights Law Suit brought to you, asked of you as members of San Rafael City Council and Mayor of San Rafael. Matthew 25:31-46 speaks to all the nations, peoples, DARE SAY CITY COUNCILS, MAYORS, not just to individuals, not just to members of faith communities to , in addition to 'feeding the hungry, giving drink (quenching the thirst) to the thirsty, addressing the needs of the naked/homeless, the sick, those in prison, to WELCOMING THE STRANGER. Matthew 15:21-28 speaks to not only giving presence, attention, equal footing to those who are a part of your religion and culture but giving PRESENCE, ATIENTION, EQUAL FOOTING to THOSE WHO ~RE NOT A PART OF YOUR RELIGION, YOUR CULTURE. The intent of the Voting Rights Law Suit brought to you was NOT SIMPLY to have you MOVE from AT-LARGE to DISTRICT Elections, MAP OUT EQUAL POPULATIONS, NEIGHBORHOOD ASSOCIATIONS in GEOGRPHICALL Y CONTIGUOUS DISTRICTS but MAP OUT DISTRICTS, A DISTRICT that would GIVE UN-UNDER-REPRESENTED PEOPLE, in the case of San Rafael, LATINO POPULATION a GOOD, BEST CHANCE of BEING ELECTED TO CITY COUNCIL. I support this stated Law Suit's intent. I would say it bespeaks not simply giving 'crumbs,' not simply giving others voice but ACTUAL EQUAL-FOOTING VOICE to UN-UNDER- REPRESENTED PEOPLE, LATINOS in DECISION-MAKING that WOULD EFFECT THEM as VALUED RESIDENTS of SAN RAFAEL as well as EQUAL-FOOTING DECISION- MAKING in WAHT WOULD EFFECT OTHER RESIDENTS of SAN RAFAEL -in issues of sea level rise, traffic and parking, housing, services, certainly in issues that effect renters (Residents of Canal Proper and Lincoln Corridor would be particular together on what effects them as renters). The CANAL 1 MAP is still the only map that specifies a district includes MOST PEOPLE OF VOTING AGE WHO ARE OF a POPULATION that HAS NOT BEEN ELECTED to San Rafael City Council. Please stand with giving equal-footing voice, equal-footing voice in decision-making by the San Rafael City Council, Mayor to 'strangers' seeking to become neighbors in our midst, to persons may be of a different culture, socio-economic condition than so many of us but wish to be a vibrant part of out city now and in the future . John Reynolds, Resident of the Canal, member of San Rafael First United Methodist Church https:llmail.yahoo.com/neo/launch 3/29/2018 . and .lazy slave! You knew, did you, that I reap -,Where I did not saw;' and gather where I did Iflotscatter? 27Thenyou'ought to have ilivested , .~lY money with the bankers, and on my return ,I would hav~ recei~ed ~~at ~as my own with interest. 28 50 take the talent' from him, and gi\te ~it to the one ·w:ith'the ten talents. 29For to III those who have, more will be given, and they will have an aqundance; but from those · . :~ho have nothing, even what they ,have will be · ·.~ken away. 30 As for this worthless slave, throw him into the outer 'darkness, where there will be weeping and gna'shing of teeth! . ~ ... , . .t -J .', • The Jiidy '!len t 'of the Nf;1t .ions MAT THE W 25.27 ..... 26.2 you food, or thirsty and gave you somethfug to . drink? 38 And when was it that we saw Y9u a stranger and welcomed you, or' naked and gave you clothing? 39 And when was it that-we saw you sick or in prison and visited you?' 40 And the king will answer them; 'Truly I tell you, just as you did it to O!1e of the least of ~ese who are members of my family,· you did it to me: 41 Then he will say to those at his left hand, 'You that are accursed, depart from me into the eter- nal fire prepared for the devil and his angels; 12fod was hungry and you gave me no £Ood, I was 'thirsty and you gave me nothing to drink, 43 1 was a stranger and you did notwelcome~e, naked and you did not give me "clothing, sick 31 "When the Son of Man comes in his . glory, and in prison and you did not visit me:' 44Then · -;Wd all the angels with him, then he will sit on : they also will answer, 'Lord, when was it that we the throne of his glory. 32 All the nations will be saw you hungry or thirsty or a stranger or gathered before him, and he will separate peo~ naked or sick or in prison, and did not take care ,pIe-one from another as '.a shepherd separ~tes of you?' 45Then he will answer them, 'Truly I , the sheep from the goats, 33and he will put the tell you, just as you did not do it to one of the sheep at his righfhand and the goats at the left. least of these, you did not do it to me: 46And ~Then the king ,will say to those at his right these will go away into eternal punishment, but hand, 'Come, you thatare blessed by my Father, the righteous into eternal life." . inherit the kingdom prepared for you from the foundation of the world; 35for I was hungry The Plot to Kill Jesus and you gave me food, I was thirsty and you 26 gave lie something to 'drink, I was a stranger When Jesus had fiiiished saying all these things, he said to his disciples, 2"You know that after two days the Passover is coming, and the Son of Man will be handed .O\~er ~o be crucified." and you welcomed me, 36 1 was naked and you · gave me clothing, I was sick and you took care pf me, I was · in prispn and yo~ visit~d .me: ~iThen the righteous will answer him, 'Lord, " when was it that we saw you hungry and gave II. .Gk thtse my brothers ~7 ~"." !t..: .. ~ .. L!,o...,7,f..:~n·~ !.....r :":~;'::-~~';·;'·""il"':u::.;.r~r ..... ,t1':,,~"·':'~~.l -. "·~'~"'t~).t t,;t:.~J-~.c·;.;:!t )"1' .. '; ..-! ~ •. ; .. !-J:;...;;;!I ......... ;~.1 ...... ll ;'I,i ,~., .. ·':;f. >~ z-~ 25.29 See 13.12 (doublet). 25.30 Weeping and gnash- ing-ofteeth. See note on 8.12. 25.31-46 The criteria of : the final judgment, the author's most powerful and · dramatic ethical statement (vv. 35-36). 25.31 When the Son of Man comes, i.e., the Parousia (see note on • -13.41; 16.27.':'28; 24.29-31), The ·angels with him. See ; Deut 33.2; Zech ·14.5; note on 13.39. Throne of his glory, his glorioUs throne (see also 19.28; 26.64; Dan 7,13-14; Rev 3.21). 25.32 Nations; Greek ethne can ; mean groups of almost any kind, but especially "peo- ples" or "nations" (see also 24.9, 14; 28.i9). It most often refers to groups other than one's own (see note .on 1.1), thus also "Gentiles" (see 4.15; 6.32; 10.5, 18; 12.18, 21; 20.19. 25). The group is the object of mis- sionary activity. between the death of Jesus and his re- turn (see 28.19; see also.Isa 66.18; Rev 21.22-22.5). Separate ... sheep from the goats. See Ezek 34.17-22; see note on 3.12. 25.33 Right hand. See 'note on 22.44. 25.34 In Jesus' parables ' the king usually represents God (see 18.23;.22.2), but here the king is the Son of Man (see nGte .on 13.41; see also 21.5; 27.11; Rev 17.14).25.35-36 The criteria, are whether a person has performed works of mercy to · those in great need in the present world; cf. 9.13a. 25.37 Righteous, here those who innocently do good works (see 13.43; cf. 1.19). Lord. See note on 7.21. 25.40 Truly I tell you. See note on 5.18. The least of these, here probably believers (see 10.40-42; 18.6, 14).25.41 Prepared for the d!!viL See Rev 20.10. 26.1-28.20 The passion and resurrection narratives follow the Markan outline and, like· Mark, contain many allusions to the psalms of lament and to the suf- feringservant ofIsa 52.13-53.12.26.1-5 Cf. Mk 14.1- 2; Lk 22.r-2; also c£ In 11.47-53.26.1 When Jesus had finished. The dosing formula to Jesus' fifth discourse (see note on 7.28).26.2 Passover, a seven-day Israelite spring festival combined with· the Feast of Unleavened Bread (see v. 17), celebrating the exodus from Egyptiarl slavery to freedom (see Ex 12.14-27; 34.18; see also note on 2.13-15). The term also refers especially to the period extending from the evening of the first day; the day of Preparation (27.62), when the lamb was slaugh- tered at the temple (Ex 12.6), to the ensuing evening when the meal was eaten, and to the meal itself (see 26.17). Son of Man. See notes on 8.20; 16.21-23. Handed over; or "betrayed," a key theme; see note on alone; they are blind guides of the • And if one blind person guides an- both will fall into a pit." 15But Peter said him, "Explain this parable to us." 16Then he '~e '·yoi.t also still WithrltIt understand- 17Do you not see that whatever goes into mouth enters the stomach, and ,goes out the sewer? 18But what comes out of the proceeds from the heart, and this is ~ ... n.n defiles. 19FoI' out of the heart come evil Uitentions, murder, adultery, fornication, -,,,.hptt. false witness, slander. 20These cu:e what 1,; a person, but to eat with unwashed does not defIle:' The Canaa11;ite Wo.man :s Fai.ih '21 Jesus left that place and went away to the district of Tyre and Sidon. 22 Just then a €anaanite woman from that region came out and started shouting, "Have mercy on me, Son of David; my daughter is tormented 'By a demon." 23But he did not answer her at all : And his disciples came and urged him, say- ing, "Send her away, for she keeps shouting after us." 24 He answered, "I was sent only to the lost sheep of the house ofIsrael." 25But she came and knelt before him, saying, "Lord, help me." 26He answered, "It is not fair to take the childrez)s food and throw it to the dogs." 27 She said, "fes, Lord, yet even the dogs eat the crumbs that fall from their masters' table." 28Then Jesus answered her, "Woman, great is yqur faith! Let it be done for you as you wish." And her daughter was healed instantly. ~5.15 Peter. See note on 14'.2B. 15.16 Without under- standing. Cf. note on 13.1-53. 15.17 Sewer, possibly "latrine." 15.18 Heart. See note on 5.B . 15.19 A vice list,:widespread in ancient moral discourse (see , e.g., l' Cor 6.9-10; Gal 5.19-21; Didache 5.1). IS.21- 28 Cf. Mk 7.24-30: A pivotal story about women; see note on 9.18-26. IS.21 That place, probably Gen- nesaret (see 14.34). District of Tyre and Sidon, gentile territory (see 11.21). IS.22 Canaanite, a scriptural term for ancient Israel 's pagan enemies (see, e.g., );)eut 7.1; cf. Mk 7.26) here used to designate a Gen- tile. Woman . See notes on 9.18-26; 27.55 . The Canaanite woman is doubly marginal, a woman and a Gentile. Lord. See note on 7.21. Have mercy ... Son of David. See note on 9.27. IS.24 Lost sheep of the house of Israel, either a group within Israel or all of Israel (see also 9.36; 10 .6; cf. 28.19). IS.2S She ... knelt, im- plying worship (see note on 2.2). Lord, help me. Cf. notes on 9.27; 14.30. IS.26 Children, the Israelites (see. e.g., Deut 14.1; Isa 1.2). IS.27 The woman per- sists, controlling the action. Dogs, lit. "small dogs," i.e., MAT:.rHEW 15.15-39 Jes~s Cures M~nr P~ople 29 After Jesus . had left that place, he passed along the Sea of Galilee, and he went up the mountain, where he sat down. 30Great crowds came to him, bringing with them the lame, the maimed~ the blind, the mute, and many oth- ers. They put them at his feet; and he cured them, ~lS0 that the crowd was amazed when ,they saw the mute speaking, the , maimed whole, the lame walking, and the blind seeing. And they praised the God of Israel. Feedin9 the Four Tho.usana 32 Then Jesus called his disciples to him and said, "I have compassiQn for the crowd, because they have been with me now for three days and have nothing to eat; and I do not want to send them away hungry, for they might faint on the way." 33 The disciples said to him, "Where are we to get enough bread in the desert to feed so great a crowd?" 34 Jesus asked them, "How many loaves have you?" They said, "Seven, and a few small fish !' 35Then ordering the crowd to sit down on the ground, 36he took the seven loaves and the fish; and after giving thanks he broke them and gave them to the disciples, and the disciples gave them to the crowds. 37 And all of them ate and were filled; and they took up the broken pieces left over, seven baskets full. 38Those who had eaten were four thousand men, besides women and children. 39 After a Oilier ancient authorities lack of the blind .t _-... :- puppies or house dogs, but still a very uncomplimen- tary term, often used for Gentiles or opponents (cf. Phil 3.2). Masters: lit. "lords'" (see note on 7.21). 15.28 For another Gentile's faith. see 8.10. Healed in- stantly. See note on 8.3. IS.29-31 Cf. Mk 7.31-37. A major healing summary (see note on 4.23-25). IS.29 Mountain . See note on 4.8. He sat down . See note on 5.1. 15.30 See 8.17; U.S. IS.31 They praised the God of Israel . The description of the crowd's re- sponse suggests that they were not Israelites, but Jesus has returned to Israelite territory (v. 29). IS.32- 39 Cf.Mk 8.1-10; Jn 6.1-13 . The second feedingmir- acle; see 14.13-21. IS.32 Compassion. See note on 9.36. Three. See note on 1.2-6a. IS.34, 37 Seven, a favorite number of the author (see note on 12.45), here perhaps symbolizing Gentiles (cf. 14.19-20; see Acts 6.1-6). IS.36 See note on 14.19. IS.38 Besides women and children. See note on 14 .21 ; c£ Mk 8.9. IS.39 Magadan . Location unknown; it may be Mag- dala/Magdalan on the western shore of the Sea of Gal- ilee (text note a); cf. 27.56, 61; 28.1.