HomeMy WebLinkAboutCA 2021-2022 City Council Redistricting Process____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: July 19, 2021
Disposition: Accepted Report
Agenda Item No: 6.a
Meeting Date: July 19, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY ATTORNEY
Prepared by: Lisa Goldfien,
Assistant City Attorney
City Manager Approval: ______________
TOPIC: 2021-2022 CITY COUNCIL REDISTRICTING PROCESS
SUBJECT: INFORMATIONAL REPORT ON UPCOMING CITY COUNCIL REDISTRICTING
PROCESS FOLLOWING RELEASE OF 2020 UNITED STATES CENSUS DATA, AND
APPROVAL OF TENTATIVE TIMELINE FOR ADOPTION OF NEW DISTRICTS BY
APRIL 17, 2022
RECOMMENDATION:
By motion, accept the informational report and approve the tentative calendar for the redistricting process.
BACKGROUND:
In late 2017, the City of San Rafael received a demand letter asserting that its at-large method of electing
members of the City Council violated 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.”
Rather than face a potentially costly lawsuit, the City of San Rafael began the process of changing its at-
large voting system to a district-based voting system. After several public hearings to receive public input
regarding the composition of the districts, guidelines for the preparation of draft district maps, and to
consider 14 different draft district maps prepared either by the City’s demographic consultant or by
members of the public, the City Council adopted Ordinance No. 1956 on April 16, 2018 establishing a
by-district electoral system and election sequence for four City Council districts according to the map
designated as “Canal 3B”.
The City’s first general municipal election using the new City Council districts was held on November 3,
2020, for the City Council seats in District Districts 1/South and 4/North. The first elections in Districts
2/West and 3/East will be held on November 8, 2022.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Even though the City created its four electoral districts only three years ago, the Elections Code requires
that the redistricting process occur again following each federal decennial census. The most recent
decennial census was conducted in 2020, and the resulting data are scheduled to be released on August
16, 2021. To assist the City in the redistricting process, the City has retained two consultants the City
used in the initial establishment of electoral districts, attorney Christopher Skinnell, of the San Rafael law
firm Nielsen Merksamer, and demographic consultant National Demographics Corporation.
ANALYSIS:
Mr. Skinnell and Kristen Parks of National Demographics Corporation will be present at the City Council
meeting to give a brief introduction to the redistricting process. The following is a summary of the main
California Elections Code requirements for the redistricting process:
1) Voting districts must be established according to four criteria:
• To the extent practicable, council districts shall be geographically contiguous.
Areas that meet only at the points of adjoining corners are not contiguous.
Areas that are separated by water and not connected by a bridge, tunnel, or
regular ferry service are not contiguous.
• To the extent practicable, the geographic integrity of any local neighborhood
or local community of interest shall be respected in a manner that minimizes
its division. A “community of interest” is a population that shares common social
or economic interests that should be included within a single district for
purposes of its effective and fair representation. Communities of interest do not
include relationships with political parties, incumbents, or political candidates.
• Council district boundaries should be easily identifiable and understandable by
residents. To the extent practicable, council districts shall be bounded by
natural and artificial barriers, by streets, or by the boundaries of the city.
• To the extent practicable, and where it does not conflict with the preceding
criteria in this subdivision, council districts shall be drawn to encourage
geographical compactness in a manner that nearby areas of population are not
bypassed in favor of more distant populations.
2) There are specific requirements for public involvement in the redistricting process prior to final
adoption of the new electoral districts:
• Before adopting a final map, the council shall hold at least four public hearings
at which the public is invited to provide input regarding the composition of one
or more council districts.
At least one public hearing shall be held before the council draws a draft
map or maps of the proposed council boundaries.
At least two public hearings shall be held after the council has drawn a
draft map or maps of the proposed council boundaries.
• At least one public hearing or public workshop shall be held on a Saturday, on
a Sunday, or after 6 p.m. on a weekday Monday through Friday.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
3) The Elections Code also requires the City Council to take steps to encourage residents,
including those in underrepresented communities and non-English speaking communities, to
participate in the redistricting public review process. These steps must include:
• Providing information to media organizations and through good government,
civil rights, civic engagement, and community groups or organizations that are
active in the city, including those active in language minority communities, and
those that have requested to be notified concerning city redistricting.
• Live translation of public hearings, if requested, in an “applicable language”
determined for each city by the Secretary of State. For San Rafael, the
applicable language is Spanish.
• The publication of any draft map on the internet for at least seven days before
being adopted as a final map, and each draft map prepared by a member of
the council or by employees or contractors of the city shall be accompanied by
information on the total population, citizen voting age population, and racial
and ethnic characteristics of the citizen voting age population of each proposed
council district, to the extent the city has that data.
• Establishment of an internet web page dedicated to redistricting, to be
maintained for at least 10 years after the adoption of new council district
boundaries, which includes, or links to, all of the following information:
A general explanation of the redistricting process for the city in English and
applicable languages. (See Attachment 2)
The procedures for a member of the public to testify during a public hearing
or to submit written testimony directly to the council in English and any
applicable language.
A calendar of all public hearing and workshop dates.
The notice and agenda for each public hearing and workshop.
The recording or written summary of each public hearing and workshop.
Each draft map considered by the council at a public hearing.
The adopted final map of council district boundaries.
A tentative calendar for the redistricting process is attached as Attachment 1. Staff recommends the City
Council approve the tentative calendar, subject to later adjustment as necessary.
COMMUNITY OUTREACH:
No community outreach has occurred yet; however, during the redistricting process, staff intends to
establish a City website with all pertinent documents in both English and Spanish and may also conduct
one or more community meetings in addition to the multiple City Council meetings. Staff also intends to
include an online training for use of the online mapping tool. Spanish interpretation will be provided at
the City Council meetings.
FISCAL IMPACT:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
There is no fiscal impact associated with this informational report. If accepted, completion of the
redistricting process will incur expenses of approximately $50,000 in consulting attorney’s fees and
$60,000 in consulting demographer’s fees (including the online mapping tool), in addition to regular staff
time. Sufficient funds have been included in the budget to cover these expenses.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Accept the informational report and approve the tentative calendar.
2. Accept the informational report and approve the tentative calendar with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Accept the informational report and approve the tentative calendar for the City Council redistricting
process.
ATTACHMENTS:
1. Tentative Calendar for City Council Redistricting
2. Secretary of State’s template for information about city council redistricting process
1
SAN RAFAEL CITY COUNCIL
TENTATIVE 2021-2022 REDISTRICTING TIMELINE
(Note: most actions are goal dates subject to change.
Only items in bold are legal deadlines.)
DATE
ACTION
July 19, 2021
Council Meeting
Presentations at Council meeting re redistricting process;
Council adopts tentative calendar for redistricting.
August 16, 2021
Announced date for federal government to release “legacy
format” demographic/redistricting data to States. (In a
normal post-Census year, the data would have been
released by Mar. 31.)
By late-August City’s redistricting website to go public with tentative
calendar and SOS templates containing a general
explanation of the redistricting process and procedures for
public to testify during public hearing or submit written
testimony and—when available—presentations, criteria,
meeting notices, agendas and minutes, demographic data,
and draft plans. Provide for online submission of comments
from the public.
September 2021
Council Meeting
Presentations at Council meeting re (1) legal and policy
criteria governing redistricting, and (2) preliminary
demographics of existing council districts based on Census
legacy data or appropriate estimates.
September –
October
Consultants/staff to conduct additional public outreach
regarding process, online mapping tools, other options for
participating, etc.
October 1, 2021 Estimated date for release of prisoner-adjusted population
data by California Statewide Database. See Elec. Code §
21621(a)(2); Memo from Karin Mac Donald, Director of the
Statewide Database, to the California Citizens Redistricting
Comm’n (Mar. 26, 2021).
2
DATE
ACTION
November 8, 2021
Council Meeting
Demographer provides updated demographic analysis of
existing districts with final adjusted Census numbers;
Council conducts first public hearing to solicit testimony
regarding criteria to be used for redistricting, especially
communities of interest.1
January 18, 2022
Council Meeting
Council conducts second public hearing to solicit testimony
regarding criteria to be used for redistricting, especially
communities of interest; Council adopts criteria for
redistricting, identifies communities of interest, instructs
demographic consultant to prepare draft district plans.
February 7, 2022 Deadline for submission of maps by the public for
consideration at the February 21 Council public hearing.
February 21, 2022
Council Meeting2
Demographic consultant to present initial draft district
plan(s). Council holds public hearing on draft plan(s).
Council may order modifications to any of the plan(s).
March 7, 2022 Final deadline for submission of public plans for
consideration as part of the process.
March 14, 2022 Deadline to post final proposed map(s) on City redistricting
website.3
March 21, 2022
Council Meeting
Demographer presents one or more additional draft plans
and modified plans, incorporating public testimony as
appropriate; Council holds public hearing on draft plans,
votes to choose one plan, adopts resolution setting actual
boundaries. If the Council instead orders modifications to
any of the plans, another public hearing will be required.
April 4, 2022 Last regularly-scheduled Council meeting prior to deadline
for adopting redistricting plan.
April 17, 2022
Legal deadline for Council to adopt redistricting plan.
1 Notwithstanding the Brown Act, public hearings for redistricting must be noticed at least 5 days
ahead of time, except that hearings between March 20 and April 17, 2022, can be noticed three days in
advance.
2 Must be at least three weeks after release of inmate-adjusted data by the Statewide Database.
3 Maps must be made public at least 3 days before adoption if there are fewer than 28 days until
the legal deadline of April 17 or seven days prior if more than 28 days are available.
3
DATE
ACTION
April 20 or May 4,
2022
Resolution becomes effective (30 days after adoption)
July 18, 2022 First day for circulating nomination papers.
November 8, 2022 First election using new lines.
Redistricting - City Council (Template) English
City of ___________ Redistricting Process
Every ten years, local governments use new census data to redraw their district lines to reflect how local
populations have changed. Assembly Bill 849 (2019) requires cities and counties to engage communities in the
redistricting process by holding public hearings and/or workshops and doing public outreach, including to non-
English-speaking communities.
What is redistricting?
Every ten years, districts must be redrawn so that each district is substantially equal in population. This
process, called redistricting, is important in ensuring that each city councilmember represents about the same
number of constituents. In [City], the City Council is responsible for drawing council districts. Redistricting is
done using U.S. Census data, which is released around March 31, 2021. For the City of [city], the redistricting
process must be completed by [date].
Why does redistricting matter to me?
Redistricting determines which neighborhoods and communities are grouped together into a district for
purposes of electing a councilmember.
The City Council will seek input in selecting the next district map for our City Council. You have an opportunity
to share with the City Council how you think district boundaries should be drawn to best represent your
community.
You can contact the City Clerk at _______________to find out more about how the process works.
What do the existing council districts look like?
You can find a map of the City’s current council districts here: [link]
What criteria will our City Council use when drawing district lines?
To the extent practicable, district lines will be adopted using the following criteria: (1) geographically contiguous
districts (each city council district should share a common border with the next), (2) the geographic integrity of
local neighborhoods or communities shall be respected in a manner that minimizes its division, (3) geographic
integrity of a city shall be respected in a manner that minimizes its division, (4) easily identifiable boundaries
that follow natural or artificial barriers (rivers, streets, highways, rail lines, etc.), and (5) lines shall be drawn to
encourage geographic compactness. In addition, boundaries shall not be drawn for purposes of favoring or
discriminating against a political party.
How will our City Council notify the public about redistricting?
The City Council will reach out to local media to publicize the redistricting process. Also, we will make a good
faith effort to notify community groups of various kinds about the redistricting process. Our public [hearings] [or]
[workshops] will be provided in applicable languages if residents submit a request in advance. The City Council
will notify the public about redistricting [hearings] [or] [workshops], post maps online before adoption, and
create a dedicated web page for all relevant information about the redistricting process.
How can I get involved?
The City Council will be holding [hearings] [or] [workshops] to receive public input on where district lines should
be drawn. Those [hearings] [or] [workshops] will be held on:
[Date, location, time]
You can also submit public comments, including suggested draft maps, by emailing: [email]
Where can I find out more?
The City maintains a webpage on the city’s redistricting process here: [link]