HomeMy WebLinkAboutCA District Elections____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 4/16/2018
Disposition: Final Adoption Ordinance 1956
Agenda Item No: 5.a
Meeting Date: April 16, 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 FOR FINAL ADOPTION
OF AN 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. Adopt the attached ordinance establishing a by-district election process and election sequence
for four council districts according to map “Canal 3B”.
EXECUTIVE SUMMARY:
On January 16, 2018, the City Council approved 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 General Municipal Election of November 3, 2020, and setting forth a timeline for
several public hearings required for that process. Following subsequent public hearings on February 5,
February 20, March 5, March 19, and April 2, and a study session on March 12, to consider criteria for
establishing the districts and numerous alternative maps proposing how the districts should be drawn,
the Council voted on April 2, 2018 to pass to print an ordinance that would establishing a by-district
election process and election sequence for four council districts according to the proposed map
designated as “Canal 3B” (Attachment 1). This evening’s meeting is for the Council to conduct an
additional public hearing prior to final adoption of that ordinance.
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
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
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
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 under California
Elections Code section 10010 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.”
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. Pursuant to Elections Code
section10010, the City Council’s adoption of Resolution No. 14453 gave the City protection from the
filing of a lawsuit for an additional 90 days, or through April 16, 2018, to allow the Council 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.
The first two hearings, to receive public input regarding the composition of the districts, were held on
February 5 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,
six draft maps, designated as “Green”, “Purple” and “Orange” (all prepared by the City’s
demographic consultant), and “Tan”, “Olive”, and “Violet” (all prepared and submitted by members of
the public) were published and made available for consideration at a public hearing held on March 5,
2018. Thereafter, at a study session held on March 12, 2018, and at subsequent public hearings held
on March 19, 2018 and April 2, 2018, the City Council considered numerous additional alternative
maps, designated variously as “Canal 1”, “District Elections 1”, “District Elections 2”, “Canal 2”,
“Carney 1,” “Canal 3A”, “Canal 3B”, and “Canal 3A1”, that were timely submitted either by members
of the public or by the City’s demographer per requests from City Councilmembers.
The staff reports for all prior public hearings on this matter can be reviewed in English and in Spanish
by going to the City’s website at https://www.cityofsanrafael.org/meeting-updates/.
All fourteen alternative maps may be reviewed by going to the City’s website at
https://www.cityofsanrafael.org/draft-maps/.
ANALYSIS:
Following the public hearing on April 2, 2018, the City Council voted 4-1 to pass to print an ordinance
establishing a by-district electoral system and election sequence for the City’s four City Council seats
according to map “Canal 3B” (Attachment 1), beginning with the General Municipal Election to be held
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
in November 2020. Councilmember Colin, opposing the motion, favored adoption of the ordinance with
reference to map “Canal 3A1” (Attachment 2).
The ordinance passed to print by the Council has been designated as Ordinance No. 1956. At tonight’s
meeting, the Council may approve the final adoption of Ordinance No. 1956 following a final public
hearing. The public hearing is another opportunity for the public and the City Council to consider the
alternative draft maps for the establishment of the four City Council districts.
Following the public hearing, should a majority of the Council wish to choose a map other than “Canal
3B” to establish the four City Council districts, the Council may do so by passing the ordinance to print
again but with reference to the newly-selected map. In that case, the ordinance would be brought back
to the Council for another public hearing and final adoption on May 2, 2018.
It should be noted that since April 16, 2018 is the final day to adopt the ordinance in compliance with
the statutory timeline established by Elections Code section 10010, deferring final adoption of the
ordinance beyond tonight’s meeting will expose the City to the possibility of a lawsuit filed by Mr.
Shenkman’s client.
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, 2017, 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 meetings of March
19, 2018 and April 2, 2018. Including tonight’s meeting, the City Council has considered this issue at 11
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 o f 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 has been posted in the Marin IJ 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 has provided 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, will be between $43,500 and $45,500.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
There are sufficient funds to support this contract in the City Clerk’s department budget in the City’s
General Fund.
The City’s costs incurred for the services of outside counsel during the transition process through
March 31, 2018 are $42,558.79, and additional fees of at least $5,000 are expected to be incurred.
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 attor ney’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
election system is established, there will be a separate contest in each of two City Council districts
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 approve final adoption of Ordinance No. 1956 establishing electoral
districts and an election sequence according to map “Canal 3B”.
2. Hold a public hearing and select an alternative map representing the desired City electoral
districts and election sequence, and pass the ordinance to print again with reference to that
map.
RECOMMENDED ACTION:
Approve final adoption of the attached Ordinance establishing a by-district election process and
election sequence for four council districts according to map “Canal 3B”.
ATTACHMENTS:
1. Ordinance No. 1956, passed to print on April 2, 2018, establishing a by-district election
process and election sequence for four council districts, with Exhibit A: map “Canal 3B”.
2. Draft Map “Canal 3A1”
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
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, the 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
INA
(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 II 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 her successor is ql;Jalified. Vacancies in councilmember offices elect~d 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 2.02.0S0 to read as follows:
2.02.050. Election schedule for Council members 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 1S061 (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 Ordi ance.
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 CounciJ to be held on the 16th day of April 2018.
LINDSAY LARA, City Clerk
[EXHIBIT A -CANAL 3B DISTRICT MAP]
7
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
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
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.
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 16, 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 and April 16, 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, 16 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 y el 16 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 Description Submitted
District-Based Elections All of the proposed district maps, bar one,
exclude the North side of Bret Ave from the rest
of the rest of the Bret Harte neighborhood
district. This makes no sense as it is clearly part
of the same neighborhood geographically,
demographically and would have the same
issues needing council representation. A more
sensible split would be to include Woodland Ave
in one district and ALL of Bret Ave in with the
rest of the Bret Harte neighborhood.
2018-04-03
James Spencer
Support : Proposed
District Elections--Maps
(Dated 04/02/2018
Council Meeting
I followed the San Rafael District Election
discussion and debate on the City of San Rafael
web site. I applaud all of you for the intelligent
discussion and debate surrounding this issue.
I firmly support the selected map, Canal 3B. I
also think that the focused maps, District
Election 2, Canal 1, Canal 2, Canal 3A would
make good alternate choices.
I applaud all of you for your final discussion
comments at the 04/02/2018 meetings. I think
that you have selected the best maps for the
City of San Rafael.
Thank you for your continuing good work.
2018-04-03
Michael Paganini
new districts Thank you for creating geographic districts. It
would have been very divisive to have "cultural"
or "ethnic" districts that would be
gerrymandered. When are you going to
implement parking restrictions. Every Monday
cars follow the street sweeper to get their
"assigned" parking spot on the street. They
never move until the next sweeping day and
don't allow for any visitor parking. There should
be 2 or 4 hour spaces even in the residential
Canal area for any workmen during the day. As
it is, I have to ask owners in our complex if the
plumber or electrician etc can use their parking
space in the carport.
The guy in charge of parking is TOTALLY NON-
RESPONSIVE TO TAX PAYERS.
2018-04-04
Chris Tittiger