HomeMy WebLinkAboutCA 2021-2022 City Council Redistricting Process____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: March 21, 2022 Disposition: Resolution 15047 – (the adopted resolution was approved) Agenda Item No: 6.a Meeting Date: March 21, 2022 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: FOURTH PUBLIC HEARING ON EXISTING CITY COUNCIL DISTRICT LINES AND POSSIBLE CHANGES; RESOLUTION ADJUSTING THE BOUNDARIES AND SELECTING A PREFERRED DISTRICT MAP OF THE CITY COUNCIL DISTRICTS IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTIONS 21601-21609 AND SAN RAFAEL MUNICIPAL CODE SECTION 2.02.040 RECOMMENDATION: Conduct the public hearing and, absent persuasive public comment to the contrary, select the current district map as the preferred district map, and MOVE: to adopt a resolution, in the form attached to the staff report, approving the current district map for use beginning at the City’s November 2022 election. BACKGROUND: On April 16, 2018, the City Council adopted Ordinance No. 1956, approving the move from at-large voting to “by-district” voting for council elections, in which each member of the Council must reside in a district and is elected only by the voters within that district, and approving the district 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 1/South and 4/North. The first elections in Districts 2/West and 3/East will be held on November 8, 2022. Even though the City created its four electoral districts only three years ago, Elections Code § 21621 requires that the redistricting process occur again following each federal decennial census to rebalance the districts’ populations in light of the most recent data available. The most recent decennial census was conducted in 2020, and the Bureau released its “PL94-171” redistricting data on August 12, 2021. However, under changes to California law adopted in 2019, known as the FAIR MAPS Act, the City is required to use data from the California Statewide Database at UC Berkeley (“SWDB”), which “adjust the Census Bureau’s data to account for legislatively-required reallocation of incarcerated felons within the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 State.” (See Elec. Code § 21621(a)(2).) Those adjusted data were released on September 21, 2021, and a corrected version of the data was released on September 27, 2021. At its meeting on July 19, 2021, the Council received a presentation regarding the redistricting process from the City’s special counsel, Chris Skinnell of Nielsen Merksamer Parrinello Gross & Leoni, after which the Council approved the timeline for the redistricting process. At its September 13 meeting, the Council received a further presentation from Mr. Skinnell summarizing the legal rules governing the readjustment of district lines and the preliminary demographics of the existing districts based on the PL94-171 data. Pursuant to the FAIR MAPS Act, the Council is required to conduct four public hearings, the first two of which focused on receiving feedback from the Council and the public regarding the current lines, and desired changes, and the City’s communities of interest, and the last two of which are to focus on actual draft maps to readjust the Council districts. At its meeting on November 15, 2021, the Council received updated information regarding the final “adjusted” demographics of the existing districts based on the SWDB data, after which the Council conducted its first duly-noticed public hearing to receive public testimony regarding the composition of the districts, especially communities of interest. At its meeting on January 18, 2022, the Council conducted the second duly-noticed public hearing to receive public testimony regarding the composition of the districts, especially communities of interest. The Council conducted its first post-mapping public hearing (and third overall) on February 22, 2022, following a presentation of proposed mapping options by the City’s demographer. This is the fourth required public hearing and the second post-mapping public hearing, following which it is proposed that the Council choose a final map. Although the original City Council districts were adopted by ordinance, the FAIR MAPS Act authorizes subsequent district boundary changes to be approved either by ordinance or by resolution. The statutory deadline for completion of the redistricting process is April 17, 2022. ANALYSIS: At the meeting, the City’s demographic consultant, Ms. Kristen Parks of National Demographics Corporation (“NDC”), will again present proposed draft maps to readjust the City Council district boundaries, and the Council will again be asked to conduct a public hearing to receive feedback from the public regarding the draft maps. The following is a summary of the main substantive legal requirements for the redistricting process: 1) The districts must be “substantially equal” in population as defined by the Supreme Court. 2) The districts must comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.) 3) The districts must comply with constitutional restrictions on “racial gerrymandering.” 4) Subject to the constitutional and federal law requirements noted in paragraphs (1) – (3), voting districts must be established according to four statutory criteria, ranked in order of priority: • To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 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. Third Required Public Hearing on February 22, 2022: As discussed at the February 22 meeting, the current district lines comply with the first three criteria above, and they are contiguous, so if the City Council believes they adequately respect communities of interest, retention of the current lines would be an option. (See Attachment 3.a.) NDC also prepared a second option for the Council to consider in light of the discussion at the previous meetings. That option, labeled the “NDC Minimal Change Map” begins with the current lines but makes discrete changes to reduce the population imbalance (to 5.55% compared to 8.53% under the current map). (See Attachment 3.b.) At the time of the February 22 City Council meeting, no public draft maps had been submitted and no public comment was received, and following the public hearing the City Council members appeared to agree that since the current district map complies with all legal requirements, they did not yet see a need to change the current boundaries. Fourth Required Public Hearing on March 21, 2022: For this fourth public hearing, no public maps were received by the March 7 deadline, though one person submitted a comment requesting the unification of the Bret Harte neighborhood (Attachment 3). The demographer has concluded that the requested unification could be accomplished within the 10% population deviation, but it would dilute the community of interest that currently characterizes District 1. Therefore, staff has concluded that overall, this requested change would not best maintain the City’s primary communities of interest. Thus, for tonight’s public hearing, the City Council still has only the current and the “NDC Minimal Change” maps to consider. Based on the proceedings to date, it appears that there is little interest on the part of the public or the City Council to alter the existing district boundaries. Therefore, unless the fourth public hearing generates requests for substantial changes to the district boundaries, staff recommends that the City Council vote to retain the current district map. Once the City Council selects a preferred district map, the attached resolution will be finalized to refer specifically to and attach a copy of that map. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Online versions of the current map and the “NDC Minimal Change Map” that would allow a viewer to zoom in down to the street level are available on the City’s redistricting website, under the “Draft Maps” tab. The two maps have both been posted at least seven days in advance of the hearing, as required by the FAIR MAPS Act. COMMUNITY OUTREACH: As staff advised the Council at the prior meetings, the City has established a City redistricting website with all pertinent documents in both English and Spanish. It can be found at https://redistrictsanrafael.org/. By visiting that website, members of the public also had the option, until March 7, to submit proposed district maps for the Council’s consideration, using either a paper mapping kit or online mapping tools. Staff also conducted additional outreach to interested community groups, media organizations, and other interested parties. FISCAL IMPACT: There is no fiscal impact from the recommended City Council action. 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 current budget to cover these expenses. OPTIONS: The City Council has the following options to consider on this matter: 1. Accept the information report on the proposed draft maps, conduct the fourth public hearing, select the current district map as the preferred map and adopt a Resolution approving its use beginning at the City’s November 2022 election, as recommended by staff. 2. Accept the information report on the proposed draft maps, conduct the fourth public hearing, select the “NDC Minimal Change Map” as the preferred map and adopt a Resolution approving its use beginning at the City’s November 2022 election. 3. Hold the fourth public hearing but do not select a preferred map. In this case a fifth public hearing will be scheduled for the April 4, 2022 City Council meeting, at which time action must be taken to comply with the statutory deadline of April 17, 2022. RECOMMENDED ACTION: Conduct the public hearing and, absent persuasive public comment to the contrary, select the current district map as the preferred district map, and MOVE: to adopt a resolution, in the form attached to the staff report, approving the current district map for use beginning at the City’s November 2022 election. ATTACHMENTS: 1. PowerPoint Presentation 2. Draft Resolution adopting (preferred) final map a. Exhibit A to Resolution: Either i. Current District Map, or ii. NDC Minimal Change Map 3. Public correspondence March 21, 2022 Redistricting Public Hearing #4 National Demographics Corporation City of San Rafael March 21, 2022 2 San Rafael’s Transition to Districts Date Event November 10, 2017 City received letter alleging violation of the California Voting Rights Act (CVRA) DistrictingJanuary 16, 2018 Council passed resolution to change to district elections April 16, 2018 Council adopted district map November 3, 2020 Elections for Districts 1 & 4 2021 -2022 Districts must be redrawn to reflect 2020 Census data Redistricting March 21, 2022 3 Redistricting Timeline Date Event August 12, 2021 Release of 2020 Census data September 27, 2021 Release of California’s official redistricting data November 15, 2021 Public Hearing #1 January 18, 2022 Public Hearing #2 February 22, 2022 Public Hearing #3 March 21, 2022 Public Hearing #4 April 17, 2022 Legal deadline for Council to adopt redistricting plan November 8, 2022 First election with new map March 21, 2022 4 Legal Criteria for Redistricting 1.Ensure geographic contiguity 2.Minimize division of neighborhoods & “communities of interest” 3.Create easily identifiable boundaries 4.Maintain compactness ✓Do not “favor or discriminate against a political party” ✓Ensure equal population* ✓Comply with federal Voting Rights Act ✓Avoid racial gerrymandering Traditional CriteriaCalifornia Law May include: •Preserve core of existing districts •Minimize changes to election cycles Federal Law Do not bypass a nearby population to take in a more distant population * Total population deviation < 10% Current District Map (2018) 6 ✓Current Districts Are Pop. Balanced District 1 2 3 4 Total 2020 2020 Census (Adjusted)14,853 15,732 14,720 16,028 61,333 Deviation from ideal -480 399 -613 695 1,308 % Deviation -3.13%2.60%-4.00%4.53%8.53% 2020 Total Pop % Hisp 80%21%21%18%34% % NH White 12%65%64%64%52% % NH Black 1%2%2%2%2% % Asian-American 5%7%9%12%8% Citizen Voting Age Pop Total 4,296 10,843 10,421 10,843 36,403 % Hisp 42%7%10%9%12% % NH White 41%84%76%80%75% % NH Black 3%3%3%1%3% % Asian/Pac.Isl.13%5%9%8%8% March 21, 2022 7 Calculating Population Deviation Ideal district size = 15,333 ▪Calculated by dividing the total population by the number of districts ▪61,333/4 = 15,333.25 Total deviation = 1,308 ▪Calculated by subtracting the smallest district’s population from the largest district’s population ▪D4 (16,028) -D3 (14,720) = 1,308 Total deviation %= 8.53% ▪Calculated by subtracting the smallest district’s deviation from the largest district’s deviation ▪D4(4.53) –D3(-4.00) = 8.53% March 21, 2022 8 Defining “Communities of Interest” Under California Elections Code, “community of interest” has a specific definition in the context of redistricting: Definitions of “communities of interest” do not include relationships with political parties, incumbents, or political candidates. 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. 9 NDC Minimal Change Map Election Cycle: 2022: Districts 2 and 3 2024: Districts 1 and 4 March 21, 2022 10 Share Your Thoughts Website:redistrictsanrafael.org 1 RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN RAFAEL ADJUSTING THE BOUNDARIES AND SELECTING A PREFERRED DISTRICT MAP OF THE CITY COUNCIL DISTRICTS IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTIONS 21601-21609 AND SAN RAFAEL MUNICIPAL CODE SECTION 2.02.040 WHEREAS, in 2018 the City Council of San Rafael adopted Ordinance No. 1956, approving the change of the City’s electoral system from an at-large to a “by-district” electoral system with a separately elected mayor; and WHEREAS, the districts adopted thereby were used for the first time at the 2020 elections; and WHEREAS, California Elections Code section 21621 requires each charter city that uses by-district elections to readjust those district boundaries in the year following the release of a new Census, to ensure compliance with constitutional equal population requirements; and WHEREAS, the United States Supreme Court has held that a “total deviation” under 10% is presumptively constitutional; and WHEREAS, the existing council districts have a “total deviation” of population between the districts of 8.53% based on the 2020 Census; and WHEREAS, under changes to state law adopted by the Legislature in 2019 there are additional criteria that electoral districts must comply with, including contiguity, minimizing division of neighborhoods and communities of interest to the extent possible, following easily understandable boundaries to the extent possible, and encouraging the compactness of population to the extent practicable; and WHEREAS, the City has retained an experienced redistricting/demographic consulting firm, National Demographics Corporation (“NDC”), and experienced legal counsel, Nielsen Merksamer, to advise it on the process of preparing a revised district plan; and WHEREAS, on July 19, 2021, the City Council received a presentation from the City’s retained special voting rights counsel regarding the redistricting process, after which the Council approved a detailed timeline and work plan for the redistricting process; and WHEREAS, the Census Bureau belatedly released the 2020 “Public Law 94-171” (“PL94-171”) redistricting data files on August 12, 2021; and WHEREAS, on September 13, 2021, the City’s special counsel provided the City Council with an additional presentation summarizing the legal rules governing the 2 readjustment of district lines and the preliminary demographics of the existing districts based on the PL94-171 data; and WHEREAS, the California Statewide Database (“SWDB”) released an “adjusted” version of the Census redistricting data on September 21, 2021, as required by state law, and a corrected version of those adjusted data on September 27, 2021; and WHEREAS, on November 15, 2021, the City Council received updated information regarding the final “adjusted” demographics of the existing districts based on the SWDB data, after which the Council conducted its first duly-noticed public hearing to receive public testimony regarding the composition of the districts, especially communities of interest; and WHEREAS, on January 18, 2022, the City Council conducted a second duly- noticed public hearing at its regular council meeting to receive public testimony regarding the composition of the districts and instructed its consultants to prepare draft maps for consideration at future public hearings; and WHEREAS, on February 22, 2022, NDC presented two draft council district plans to the City Council—both of which were prepared according to the criteria set forth in state law—one showing the existing lines, which, as noted above, remain population-balanced, and another “Minimal Change” plan that preserves the communities of interest identified during the 2018 district process; and WHEREAS, following the demographic consultant’s presentation on February 22 the City Council conducted a third duly-noticed public hearing to receive public input regarding the draft maps; and WHEREAS, on March 21, 2022, the City Council conducted a fourth duly-noticed public hearing regarding the draft maps; and WHEREAS, throughout this process the City has maintained a detailed redistricting website as required by law, https://redistrictsanrafael.org/; and WHEREAS, the City has provided notices and other materials in Spanish, and has provided translation services upon request; and WHEREAS, the City has engaged in good-faith public outreach to community groups and other interested parties as required by law; and WHEREAS, the City made available to the public paper and online mapping tools to permit them to submit draft maps if so desired; WHEREAS, the City Council has considered all public comments on the proposed council district plans; and 3 WHEREAS, the Council believes that the districts contained in [the Existing (2018) map/the “Minimum Change” map] (the “Preferred Map”), incorporated herein, would best serve the interests of the City and the public at large; and WHEREAS, the populations in the proposed districts of the Preferred Map are substantially equal in compliance with legal requirements; and WHEREAS, Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, prohibits the use of any voting qualification, or prerequisite to voting, or standard, practice, or procedure in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, and the Preferred Map complies with section 2 of the Voting Rights Act; and WHEREAS, the Preferred Map is drawn is geographically contiguous; and WHEREAS, the Preferred Map seeks to minimize the division of communities of interest and neighborhoods to the extent possible; and WHEREAS, the Preferred Map uses easily understandable boundaries, like streets, natural and artificial barriers, and the boundaries of the City, to the extent possible; and WHEREAS, the Preferred Map is drawn to encourage geographical compactness to the extent practicable; NOW, THEREFORE, the City Council of San Rafael does hereby resolve, declare, and determine as follows: DIVISION 1: FINDINGS AND DETERMINATIONS. All of the recitals set forth above are true and correct, and the City Council so finds and determines. DIVISION 2: ADOPTION OF NEW COUNCIL DISTRICT MAP. Pursuant to California Elections Code section 21601 and San Rafael Municipal Code section 2.02.040, the City Council prefers the district boundaries in [the Existing (2018) map/the “Minimum Change” map], attached hereto as Exhibit “A” and incorporated herein by this reference; believes that its adoption would best serve the public interest of the City’s residents and voters; and by this resolution hereby adopts the district boundaries in that Preferred Map for use at the City’s November 2022 election and subsequent elections until a further re-alignment is required pursuant to Elections Code section 21601 and San Rafael Municipal Code section 2.02.040, following the release of the 2030 Census. 4 DIVISION 3: IMPLEMENTATION. 1. The City Manager and/or designee shall take all actions necessary to notify the Marin County Registrar’s Office of the Council’s determination forthwith and provide whatever assistance may be required by the Registrar’s Office to implement the new district lines. 2. Because the new district plan may contain technical anomalies caused by errors in the 2020 Census line files that do not substantively affect the populations in the districts, the district boundaries, or the intent of this Resolution, which anomalies are not revealed until implementation begins, the City Manager and/or designee is authorized to make technical emendations to the new plan that do not substantively affect the populations in the districts, the district boundaries, or the intent of this Resolution, and shall advise the City Council of any such emendations that are found to be required in plan implementation by the County Registrar’s Office. 3. The City Manager shall consult with legal counsel and/or the City’s demographic consultant as necessary to resolve any legal or technical issues necessary to give effect to this Resolution. DIVISION 4: CEQA COMPLIANCE. The City Council finds that the proposed realignment of the existing council district map is 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 DIVISION 5: CONFLICTING MEASURES. To the extent that the terms and provisions of this Resolution may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Resolution shall prevail with respect to the subject matter thereof. DIVISION 6: INTERPRETATION. In interpreting this Resolution or resolving any ambiguity, this Resolution shall be interpreted in a manner that effectively accomplishes its stated purposes. DIVISION 7: SEVERABILITY If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of San Rafael hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more 5 sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. I, LINDSAY LARA, 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 Council of said City held on the 21st day of March 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Lindsay Lara, City Clerk Attachment: Exhibit A ([the Existing (2018) map)/the “Minimum Change” map]) 6 Exhibit A to Resolution No. (Map of City Council Districts – 2020 Census) Current Districts District 1 Total Pop 14,853 Deviation from ideal -480 % Deviation -3.13% % Hisp 79.8% % NH White 12% % NH Black 1% % Asian-American 5% Total 4,296 % Hisp 42% % NH White 41% % NH Black 3% % Asian/Pac.Isl.13% Total 3,340 % Latino est.33% % Spanish-Surnamed 30% % Asian-Surnamed 10% % Filipino-Surnamed 1% % NH White est.54% % NH Black 3% Total 2,637 % Latino est.30% % Spanish-Surnamed 28% % Asian-Surnamed 10% % Filipino-Surnamed 1% % NH White est.56% % NH Black 3% Total 1,858 % Latino est.22% % Spanish-Surnamed 21% % Asian-Surnamed 8% % Filipino-Surnamed 1% % NH White est.64% % NH Black est.3% ACS Pop. Est.Total 15,353 age0-19 37% age20-60 54% age60plus 9% immigrants 48% naturalized 17% english 25% spanish 67% asian-lang 4% other lang 3% Language Fluency Speaks Eng. "Less than Very Well"48% hs-grad 32% bachelor 12% graduatedegree 8% Child in Household child-under18 51% Pct of Pop. Age 16+employed 73% income 0-25k 20% income 25-50k 24% income 50-75k 21% income 75-200k 25% income 200k-plus 10% single family 30% multi-family 70% rented 77% owned 23% Total population data from the 2020 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 2015-2019 American Community Survey and Special Tabulation 5-year data. 2 15,732 399 2.60% 21% 65% 2% 7% 10,843 7% 84% 3% 5% 10,501 7% 7% 3% 1% 85% 3% 9,288 7% 6% 3% 1% 86% 3% 7,801 5% 5% 3% 0% 88% 2% 14,193 17% 57% 25% 18% 38% 82% 12% 2% 4% 7% 29% 37% 22% 22% 71% 12% 17% 12% 38% 22% 53% 47% 58% 42% 3 14,720 -613 -4.00% 21% 64% 2% 9% 10,421 10% 76% 3% 9% 9,653 7% 7% 4% 1% 86% 2% 8,610 6% 6% 4% 1% 87% 2% 7,233 6% 5% 3% 1% 88% 2% 13,721 20% 44% 36% 19% 63% 76% 11% 5% 8% 9% 28% 34% 24% 23% 57% 14% 14% 8% 36% 28% 74% 26% 36% 64% 4 16,028 695 4.53% 18% 64% 2% 12% 10,843 9% 80% 1% 8% 10,440 7% 6% 4% 1% 87% 1% 9,231 6% 6% 4% 1% 87% 1% 7,691 5% 5% 4% 1% 89% 1% 15,632 23% 47% 31% 22% 48% 72% 11% 5% 12% 12% 25% 34% 29% 27% 62% 11% 11% 15% 40% 23% 60% 40% 37% 63% Total 61,333 1,308 8.53% 34% 52% 2% 8% 36,403 12% 75% 3% 8% 33,934 10% 9% 4% 1% 83% 2% 29,766 9% 8% 4% 1% 84% 2% 24,583 7% 6% 4% 1% 86% 2% 58,898 25% 50% 25% 27% 34% 64% 25% 4% 7% 19% 28% 31% 22% 29% 66% 13% 16% 13% 36% 22% 56% 44% 50% 50% 02/12/2022 15:03 Page 1 of 1 Total Pop Citizen Voting Age Pop Voter Registration (Nov 2020) Voter Turnout (Nov 2020) Voter Turnout (Nov 2018) Age Immigration Language spoken at home Education (among those age 25+) Household Income Housing Stats NDC Minimal Change District 1 Total Pop 15,638 Deviation from ideal 305 % Deviation 1.99% % Hisp 78.4% % NH White 13% % NH Black 2% % Asian-American 5% Total 4,757 % Hisp 41% % NH White 43% % NH Black 3% % Asian/Pac.Isl.13% Total 3,738 % Latino est.30% % Spanish-Surnamed 28% % Asian-Surnamed 10% % Filipino-Surnamed 1% % NH White est.55% % NH Black 4% Total 2,957 % Latino est.28% % Spanish-Surnamed 26% % Asian-Surnamed 10% % Filipino-Surnamed 1% % NH White est.58% % NH Black 3% Total 2,084 % Latino est.20% % Spanish-Surnamed 19% % Asian-Surnamed 8% % Filipino-Surnamed 1% % NH White est.66% % NH Black est.3% ACS Pop. Est.Total 16,077 age0-19 36% age20-60 54% age60plus 10% immigrants 47% naturalized 17% english 27% spanish 65% asian-lang 4% other lang 3% Language Fluency Speaks Eng. "Less than Very Well"46% hs-grad 32% bachelor 14% graduatedegree 9% Child in Household child-under18 48% Pct of Pop. Age 16+employed 73% income 0-25k 20% income 25-50k 24% income 50-75k 20% income 75-200k 26% income 200k-plus 11% single family 31% multi-family 69% rented 76% owned 24% Total population data from the 2020 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 2015-2019 American Community Survey and Special Tabulation 5-year data. 2 15,700 367 2.39% 21% 65% 2% 7% 10,771 8% 83% 3% 5% 10,355 7% 7% 3% 1% 86% 3% 9,179 7% 6% 3% 1% 86% 2% 7,721 6% 5% 3% 1% 88% 2% 14,087 18% 57% 26% 18% 39% 82% 12% 2% 4% 7% 29% 38% 22% 22% 71% 12% 16% 11% 38% 23% 54% 46% 58% 42% 3 14,849 -484 -3.16% 19% 66% 3% 9% 10,539 7% 80% 3% 8% 10,006 7% 6% 4% 1% 87% 2% 8,887 6% 6% 3% 1% 87% 2% 7,433 5% 5% 3% 1% 89% 2% 13,938 20% 46% 34% 19% 60% 78% 8% 5% 9% 8% 26% 36% 25% 24% 60% 9% 14% 12% 37% 28% 75% 25% 34% 66% 4 15,146 -187 -1.22% 18% 64% 2% 12% 10,336 10% 77% 1% 9% 9,835 7% 6% 4% 1% 87% 1% 8,743 7% 6% 4% 1% 87% 1% 7,345 5% 5% 4% 1% 89% 1% 14,795 23% 45% 32% 23% 49% 71% 13% 5% 11% 12% 26% 32% 29% 27% 59% 15% 11% 12% 39% 24% 58% 42% 39% 61% Total 61,333 851 5.55% 34% 52% 2% 8% 36,403 12% 75% 3% 8% 33,934 10% 9% 4% 1% 83% 2% 29,766 9% 8% 4% 1% 84% 2% 24,583 7% 6% 4% 1% 86% 2% 58,898 25% 50% 25% 27% 34% 64% 25% 4% 7% 19% 28% 31% 22% 29% 66% 13% 16% 13% 36% 22% 56% 44% 50% 50% 02/11/2022 12:24 Page 1 of 1 Total Pop Citizen Voting Age Pop Voter Registration (Nov 2020) Voter Turnout (Nov 2020) Voter Turnout (Nov 2018) Age Immigration Language spoken at home Education (among those age 25+) Household Income Housing Stats 1 RESOLUTION NO. 15047 A RESOLUTION OF THE CITY OF SAN RAFAEL ADJUSTING THE BOUNDARIES AND SELECTING A PREFERRED DISTRICT MAP OF THE CITY COUNCIL DISTRICTS IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTIONS 21601-21609 AND SAN RAFAEL MUNICIPAL CODE SECTION 2.02.040 WHEREAS, in 2018 the City Council of San Rafael adopted Ordinance No. 1956, approving the change of the City’s electoral system from an at-large to a “by-district” electoral system with a separately elected mayor; and WHEREAS, the districts adopted thereby were used for the first time at the 2020 elections; and WHEREAS, California Elections Code section 21621 requires each charter city that uses by-district elections to readjust those district boundaries in the year following the release of a new Census, to ensure compliance with constitutional equal population requirements; and WHEREAS, the United States Supreme Court has held that a “total deviation” under 10% is presumptively constitutional; and WHEREAS, the existing council districts have a “total deviation” of population between the districts of 8.53% based on the 2020 Census; and WHEREAS, under changes to state law adopted by the Legislature in 2019 there are additional criteria that electoral districts must comply with, including contiguity, minimizing division of neighborhoods and communities of interest to the extent possible, following easily understandable boundaries to the extent possible, and encouraging the compactness of population to the extent practicable; and WHEREAS, the City has retained an experienced redistricting/demographic consulting firm, National Demographics Corporation (“NDC”), and experienced legal counsel, Nielsen Merksamer, to advise it on the process of preparing a revised district plan; and WHEREAS, on July 19, 2021, the City Council received a presentation from the City’s retained special voting rights counsel regarding the redistricting process, after which the Council approved a detailed timeline and work plan for the redistricting process; and WHEREAS, the Census Bureau belatedly released the 2020 “Public Law 94-171” (“PL94-171”) redistricting data files on August 12, 2021; and WHEREAS, on September 13, 2021, the City’s special counsel provided the City Council with an additional presentation summarizing the legal rules governing the 2 readjustment of district lines and the preliminary demographics of the existing districts based on the PL94-171 data; and WHEREAS, the California Statewide Database (“SWDB”) released an “adjusted” version of the Census redistricting data on September 21, 2021, as required by state law, and a corrected version of those adjusted data on September 27, 2021; and WHEREAS, on November 15, 2021, the City Council received updated information regarding the final “adjusted” demographics of the existing districts based on the SWDB data, after which the Council conducted its first duly-noticed public hearing to receive public testimony regarding the composition of the districts, especially communities of interest; and WHEREAS, on January 18, 2022, the City Council conducted a second duly- noticed public hearing at its regular council meeting to receive public testimony regarding the composition of the districts and instructed its consultants to prepare draft maps for consideration at future public hearings; and WHEREAS, on February 22, 2022, NDC presented two draft council district plans to the City Council—both of which were prepared according to the criteria set forth in state law—one showing the existing lines, which, as noted above, remain population-balanced, and another “Minimal Change” plan that preserves the communities of interest identified during the 2018 district process; and WHEREAS, following the demographic consultant’s presentation on February 22 the City Council conducted a third duly-noticed public hearing to receive public input regarding the draft maps; and WHEREAS, on March 21, 2022, the City Council conducted a fourth duly-noticed public hearing regarding the draft maps; and WHEREAS, throughout this process the City has maintained a detailed redistricting website as required by law, https://redistrictsanrafael.org/; and WHEREAS, the City has provided notices and other materials in Spanish, and has provided translation services upon request; and WHEREAS, the City has engaged in good-faith public outreach to community groups and other interested parties as required by law; and WHEREAS, the City made available to the public paper and online mapping tools to permit them to submit draft maps if so desired; WHEREAS, the City Council has considered all public comments on the proposed council district plans; and 3 WHEREAS, the Council believes that the districts contained in the Current Districts map (2018) (the “Preferred Map”), incorporated herein, would best serve the interests of the City and the public at large; and WHEREAS, the populations in the proposed districts of the Preferred Map are substantially equal in compliance with legal requirements; and WHEREAS, Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, prohibits the use of any voting qualification, or prerequisite to voting, or standard, practice, or procedure in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, and the Preferred Map complies with section 2 of the Voting Rights Act; and WHEREAS, the Preferred Map is drawn is geographically contiguous; and WHEREAS, the Preferred Map seeks to minimize the division of communities of interest and neighborhoods to the extent possible; and WHEREAS, the Preferred Map uses easily understandable boundaries, like streets, natural and artificial barriers, and the boundaries of the City, to the extent possible; and WHEREAS, the Preferred Map is drawn to encourage geographical compactness to the extent practicable; NOW, THEREFORE, the City Council of San Rafael does hereby resolve, declare, and determine as follows: DIVISION 1: FINDINGS AND DETERMINATIONS. All of the recitals set forth above are true and correct, and the City Council so finds and determines. DIVISION 2: ADOPTION OF NEW COUNCIL DISTRICT MAP. Pursuant to California Elections Code section 21601 and San Rafael Municipal Code section 2.02.040, the City Council prefers the district boundaries in the Current Districts map (2018), attached hereto as Exhibit “A” and incorporated herein by this reference (the “Preferred Map”); believes that its adoption would best serve the public interest of the City’s residents and voters; and by this resolution hereby adopts the district boundaries in that Preferred Map for use at the City’s November 2022 election and subsequent elections until a further re-alignment is required pursuant to Elections Code section 21601 and San Rafael Municipal Code section 2.02.040, following the release of the 2030 Census. 4 DIVISION 3: IMPLEMENTATION. 1. The City Manager and/or designee shall take all actions necessary to notify the Marin County Registrar’s Office of the Council’s determination forthwith and provide whatever assistance may be required by the Registrar’s Office to implement the new district lines. 2. Because the new district plan may contain technical anomalies caused by errors in the 2020 Census line files that do not substantively affect the populations in the districts, the district boundaries, or the intent of this Resolution, which anomalies are not revealed until implementation begins, the City Manager and/or designee is authorized to make technical emendations to the new plan that do not substantively affect the populations in the districts, the district boundaries, or the intent of this Resolution, and shall advise the City Council of any such emendations that are found to be required in plan implementation by the County Registrar’s Office. 3. The City Manager shall consult with legal counsel and/or the City’s demographic consultant as necessary to resolve any legal or technical issues necessary to give effect to this Resolution. DIVISION 4: CEQA COMPLIANCE. The City Council finds that the proposed realignment of the existing council district map is 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 DIVISION 5: CONFLICTING MEASURES. To the extent that the terms and provisions of this Resolution may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Resolution shall prevail with respect to the subject matter thereof. DIVISION 6: INTERPRETATION. In interpreting this Resolution or resolving any ambiguity, this Resolution shall be interpreted in a manner that effectively accomplishes its stated purposes. DIVISION 7: SEVERABILITY If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of San Rafael hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more 5 sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. I, LINDSAY LARA, 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 Council of said City held on the 21st day of March 2022, by the following vote: AYES: COUNCIL MEMBERS: BUSHEY, HILL, KERTZ, LLORENS GULATI & MAYOR KATE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Lindsay Lara, City Clerk Attachment: Exhibit A (the Current Districts map (2018)) 6 Exhibit A to Resolution No. 15047 (Map of City Council Districts – 2020 Census) Current Districts District 1 Total Pop 14,853 Deviation from ideal -480 % Deviation -3.13% % Hisp 79.8% % NH White 12% % NH Black 1% % Asian-American 5% Total 4,296 % Hisp 42% % NH White 41% % NH Black 3% % Asian/Pac.Isl.13% Total 3,340 % Latino est.33% % Spanish-Surnamed 30% % Asian-Surnamed 10% % Filipino-Surnamed 1% % NH White est.54% % NH Black 3% Total 2,637 % Latino est.30% % Spanish-Surnamed 28% % Asian-Surnamed 10% % Filipino-Surnamed 1% % NH White est.56% % NH Black 3% Total 1,858 % Latino est.22% % Spanish-Surnamed 21% % Asian-Surnamed 8% % Filipino-Surnamed 1% % NH White est.64% % NH Black est.3% ACS Pop. Est.Total 15,353 age0-19 37% age20-60 54% age60plus 9% immigrants 48% naturalized 17% english 25% spanish 67% asian-lang 4% other lang 3% Language Fluency Speaks Eng. "Less than Very Well"48% hs-grad 32% bachelor 12% graduatedegree 8% Child in Household child-under18 51% Pct of Pop. Age 16+employed 73% income 0-25k 20% income 25-50k 24% income 50-75k 21% income 75-200k 25% income 200k-plus 10% single family 30% multi-family 70% rented 77% owned 23% Total population data from the 2020 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 2015-2019 American Community Survey and Special Tabulation 5-year data. 2 15,732 399 2.60% 21% 65% 2% 7% 10,843 7% 84% 3% 5% 10,501 7% 7% 3% 1% 85% 3% 9,288 7% 6% 3% 1% 86% 3% 7,801 5% 5% 3% 0% 88% 2% 14,193 17% 57% 25% 18% 38% 82% 12% 2% 4% 7% 29% 37% 22% 22% 71% 12% 17% 12% 38% 22% 53% 47% 58% 42% 3 14,720 -613 -4.00% 21% 64% 2% 9% 10,421 10% 76% 3% 9% 9,653 7% 7% 4% 1% 86% 2% 8,610 6% 6% 4% 1% 87% 2% 7,233 6% 5% 3% 1% 88% 2% 13,721 20% 44% 36% 19% 63% 76% 11% 5% 8% 9% 28% 34% 24% 23% 57% 14% 14% 8% 36% 28% 74% 26% 36% 64% 4 16,028 695 4.53% 18% 64% 2% 12% 10,843 9% 80% 1% 8% 10,440 7% 6% 4% 1% 87% 1% 9,231 6% 6% 4% 1% 87% 1% 7,691 5% 5% 4% 1% 89% 1% 15,632 23% 47% 31% 22% 48% 72% 11% 5% 12% 12% 25% 34% 29% 27% 62% 11% 11% 15% 40% 23% 60% 40% 37% 63% Total 61,333 1,308 8.53% 34% 52% 2% 8% 36,403 12% 75% 3% 8% 33,934 10% 9% 4% 1% 83% 2% 29,766 9% 8% 4% 1% 84% 2% 24,583 7% 6% 4% 1% 86% 2% 58,898 25% 50% 25% 27% 34% 64% 25% 4% 7% 19% 28% 31% 22% 29% 66% 13% 16% 13% 36% 22% 56% 44% 50% 50% 02/12/2022 15:03 Page 1 of 1 Total Pop Citizen Voting Age Pop Voter Registration (Nov 2020) Voter Turnout (Nov 2020) Voter Turnout (Nov 2018) Age Immigration Language spoken at home Education (among those age 25+) Household Income Housing Stats