MARCH 3, 2022
SPECIAL CITY COUNCIL AGENDA
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED FEBRUARY17, 2022
Consistent with Contra Costa County Health orders, and in accordance with California Government Code Section 54953(e) concerning teleconference meetings, this City Council meeting will be held exclusively via teleconference, using the Zoom video conferencing system. At this time, public participation will be available exclusively via telephone or teleconference, using the Zoom video conferencing system.
How to View and Participate
The public is invited to participate in the City Council meeting and offer comments of up to 3 minutes (or as may otherwise be determined by the Council) using any of the following methods:
1. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 As the City Council Chamber will not be open to the public, individuals may view and participate in the meeting with this link. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. The meeting host will call on you, by name, and enable your microphone when it is your turn to speak.
In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)
The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov
2. Telephone
If you wish to comment during the meeting via telephone, you may “raise your hand” virtually on most devices by pressing *3, and you will be called upon when it is your time to speak. After speaking, please press *3 again to remove the “raise your hand” feature. If that feature does not work on your device, please email [email protected] in advance of the meeting where possible. The request must contain in the subject line “Request to Speak – Agenda Item #” and should include name and full phone number that will be used to call in. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required.
3. E-mail
Public comments can also be submitted via e-mail to [email protected]. Any public comments received up until 3:00 p.m. of the meeting date will be:
§ distributed to the Council via email before the meeting, § posted online for public inspection at https://www.brentwoodca.gov/councilmeetingonline, and
§ later summarized in the meeting minutes.
Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online within one day following the meeting, and will be summarized in the meeting minutes. The City cannot guarantee that its network, website, and/or the Zoom system will be uninterrupted. In the event of an interruption to the broadcasting of the meeting using the telephone or internet-based options listed above, the City Council will take no further action on items on the agenda until public access to the meeting via either option is restored. To ensure that the City Council receives your comments prior to MARCH 3, 2022
SPECIAL CITY COUNCIL AGENDA
PAGE 2 OF 2
taking action, you are strongly encouraged to submit them in advance of the meeting by 3:00 p.m.
As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for MARCH 3, 2022, at 6:00 p.m. or as soon thereafter as possible.
Following the staff presentation of the agenda item, and before direction is provided, public comment will be taken.
CALL TO ORDER/ROLL CALL: A special meeting of the City Council A. PUBLIC HEARING
A.1 A public hearing to review and select, by resolution, a final map from among the two potential electoral district boundary maps recommended by the Redistricting Commission; and direction to staff to draft implementing Brentwood Municipal Code amendments. (Tim Ogden/ Damien Brower/Margaret Wimberly)
ADJOURNMENT
POSTING STATEMENT
On February 24, 2022, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov
CITY COUNCIL AGENDA ITEM NO. A.1
Meeting Date: March 3, 2022
Subject/Title: A public hearing to review and select, by resolution, a final map from among the two potential electoral district boundary maps recommended by the Redistricting Commission; and direction to staff to draft implementing Brentwood Municipal Code amendments.
Prepared by: Margaret Wimberly, City Clerk
Damien Brower, City Attorney
Submitted by: Tim Ogden, City Manager
PURPOSE AND RECOMMENDATION
Following receipt of updated population data from the 2020 Federal Census, cities in California with electoral districts are required to update (“redistrict”) their district boundaries. This process occurs every 10 years, and for cities like Brentwood, with district elections to be held on November 8, 2022, it must be completed by April 17, 2022. The City Council authorized the creation of a hybrid Redistricting Commission (the “Commission”), which has selected two electoral district boundary maps for City Council consideration. The City Council must select one of those maps, without alteration, for the City’s electoral district boundaries.
Staff recommends that the City Council 1) hold a public hearing to review the two maps selected by the Redistricting Commission, 2) adopt a resolution selecting, without alteration, a map that will set the District Boundaries for the Redistricting process, and 3) direct staff to prepare an ordinance for adoption by the City Council at its meeting on March 22, 2022, to amend provisions of Brentwood Municipal Code Chapter 2.10 to reflect the new electoral districts and council member representation.
PREVIOUS ACTION
On July 9, 2019, the City Council adopted Ordinance No. 1010, which, for the first time, established City Council member electoral districts, a district election process, and the sequence of those district elections. Cities that hold district elections must revisit the districts’ composition every ten years, in step with the Federal Census. A copy of the current electoral district map is included in Exhibit A.
On April 27, 2021, the City Council created the Commission, which was charged with conducting public hearings and selecting, by early spring 2022, two or more electoral district maps for consideration by the City Council.
BACKGROUND
Following the Commission’s creation, a public recruitment for members occurred, and five applicants were selected by an independent retired judge to serve on the Commission. The Commission member were as follows:
· District 1: Jonathan Wilson
· District 2: Michael Luker (Chair)
· District 3: Jennifer Anderson
· District 4: Sandra Myers (Vice Chair)
· At Large: Shannon Roberts
On August 12, 2021, the U.S. Census Bureau released census data in a format that the Statewide Database at U.C. Berkeley used to provide the dataset required by state law for redistricting. This dataset was finalized on September 20, 2021, and showed the population of Brentwood increasing from 51,481 to 64,381 in the last decade.
From September 9, 2021 to February 10, 2022, the Commission met five times, holding four required public hearings to receive community input regarding the boundaries and the composition of electoral districts.
Throughout the public hearing process, the City engaged in extensive outreach efforts, including the use of social media, press releases, and utility bill inserts. In addition, flyers about the redistricting process were created and distributed at various community events and to local businesses.
On February 10, 2022, the Redistricting Commission held the fourth of the four required public hearings to receive input on the composition of one or more districts and communities of interest. Following the public hearing and Commission deliberation, the Commission adopted Resolution 2022-01-R, and selected the maps designated as Lime and Navy to be forwarded to the City Council for consideration.
Along with designating the two maps, the Commission’s resolution included language authorizing the City Clerk, working with the City Manager and City Attorney, to make minor adjustments to the borders of districts to ensure that they followed understandable boundaries.
For example, though some census blocks end at the back of the curb, others run down the middle of streets. In order to create boundaries that are more easily understood by the voters, the City Clerk was authorized to modify the district borders to follow understandable boundaries, such as uniformly running along the back of the curb. No adjustments that affect the population of any district were allowed by this provision.
Based on this express authorization, the City Clerk, in consultation with the City Manager and City Attorney, modified the Lime Map selected by the Commission for Council consideration in three locations:
1. Most notably, the Lime Map was modified to remove a zig-zag in the district boundaries at the intersection of O’Hara Avenue and Sand Creek Road (see illustration below).
The district boundary now follows Sand Creek Road without zig-zagging. Without alteration, the Lime Map would have inadvertently divided the new Silvergate multifamily residential neighborhood currently under construction at this location into two separate districts. This revision had no impact on any existing population, as the Silvergate project is not yet occupied.
2. One census block covering the median on Fairview Avenue, between San Jose Avenue and Sand Creek Road, was shifted to align the district boundary on a single side of the street. No population was impacted by this shift.
3. A census block covering the median on Sand Creek Road between Brentwood Boulevard and Business Center Drive was likewise shifted to align the district boundary on a single side of the street. No population was impacted by this shift.
Original Lime Map highlight Modified Lime Map highlight Lime Map selected by Redistricting
Commission to forward to
the City Council
Lime Map with administrative
modification made by staff to remove
zig-zag at intersection
No administrative changes were made to the Navy Map.
Following the Commission’s selection of the two maps, and the completion of these revisions to the Lime Map, the maps were posted on the City’s redistricting website page.
The maps selected by the Commission, with their authorized modifications to the Lime Map, addressed above, are attached to this staff report in Exhibit A. They were selected based on the criteria set forth in the State’s Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act. A more detailed discussion of these criteria is provided in the attached Exhibit B.
After taking public testimony and closing the public hearing tonight, the City Council is asked to select one of the two maps to serve as the City’s electoral district boundaries until the 2030 census. Pursuant to State law, when redistricting maps are created by a hybrid redistricting commission, as occurred in Brentwood, the City Council is not permitted to make any amendments to the selected map.
Following the Council’s selection of the final map, that map will be incorporated into an ordinance that will be presented to the City Council on March 22, 2022, for introduction, and again on April 12, 2022 for adoption. A redlined copy of the draft ordinance is attached for informational purposes as Exhibit C. The districts’ metes and bounds, as well as the selected map, will be included in the final ordinance for the City Council meeting of March 22, 2022.
Regarding the ordinance, of particular note are its revisions related to council members who, following the redistricting process, will no longer reside in the district to which they were elected.
In such instances, State law does not permit the council member to lose their seat. To ensure continued representation, the ordinance has the subject council member representing the reconstituted district until their term of office ends, and a successor takes office.
FISCAL IMPACT
The costs associated with the Redistricting process were included in the June 2021 City Council approved Mid-Term Operating Budget.
Attachments:
Exhibit A: Current electoral district map, and maps for Plan Lime and Plan Navy Exhibit B: District Formation Criteria used by the Brentwood Redistricting Commission Exhibit C: Draft Redlined Redistricting Ordinance
Prepared by
Current
Statistics unavailable for current districts due to split census blocks
EXHIBIT A
Prepared by
Plan Navy
#
Population^ Citizen Voting Age Population+
Total Deviation Total Latino* Asian* Black* NH- White
1 15,784 -1.9% 10,499 18.7% 9.5% 12.9% 55.0%2 15,992 -0.6% 9,275 24.1% 15.3% 9.0% 49.8%3 16,929 +5.2% 13,810 12.7% 9.4% 7.0% 69.4%4 15,676 -2.6% 9,656 27.3% 9.2% 6.9% 51.7%Total 64,381 7.8% 43,240 19.9% 10.6% 8.8% 57.8%Ideal 16,095 ^ 2020 Census Redistricting Data.
Adjusted for incarcerated populations
+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02
EXHIBIT A
Prepared by
Plan Lime
#
Population^ Citizen Voting Age Population+
Total Deviation Total Latino* Asian* Black* NH- White
1 16,978 +5.5% 10,536 22.2% 14.0% 12.2% 48.5%2 15,875 -1.4% 9,601 24.7% 11.2% 7.9% 51.9%3 15,780 -2.0% 12,665 13.6% 10.2% 7.9% 67.0%4 15,748 -2.2% 10,438 20.6% 7.3% 7.5% 61.4%Total 64,381 7.6% 43,240 19.9% 10.6% 8.8% 57.8%Ideal 16,095 ^ 2020 Census Redistricting Data.
Adjusted for incarcerated populations
+ 2015-2019 American Community Survey Special Tabulation* Calculated pursuant to OMB BULLETIN NO. 00-02- Includes minor adjustments impacting no population to conform to understandable boundaries
EXHIBIT A
Exhibit B
District Formation Criteria Used by the Brentwood Redistricting Commission In 2019, the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act was adopted, establishing the legally required criteria that apply to the creation of council districts. FAIR MAPS was not in effect when the City’s initial district maps were adopted.
In order of priority as established by law, the requirements include:
1. Each council district shall contain nearly substantially equal population, with any deviations from the ideal district size of less than 10 percent.
2. A districting plan shall be drawn in a manner that complies with the state and federal Constitutions, the Federal Voting Rights Act, and state law.
3. Consistent with the principles of Equal Protection recognized by the United States Supreme Court in Shaw v. Reno (1993) 509 U.S. 630, council districts shall not be drawn with race as the predominant factor.
In addition to the above requirements for creating district boundaries, state law required the Commission to use the following criteria in the following order of priority:
1. To the extent practicable, districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous.
2. To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
3. Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of a city.
4. To the extent practicable, and where it does not conflict with the preceding criteria, council district boundaries shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
Finally, state law prohibited the Commission from adopting district boundaries for the purpose of favoring or discriminating against a political party.
The community was strongly encouraged to provide input on some or all of these criteria.
Public comments were taken at every Commission meeting, and some community members submitted draft maps for the Commission’s consideration.
The Commission was informed by the public’s input, and it balanced the above criteria to determine how they were applicable or appropriate in Brentwood.
Exhibit C
Draft Redlined Redistricting Ordinance
ORDINANCE NO. 1010
AN ORDINANCE REPEALING AND REPLACING IN THEIR ENTIRETY
SECTIONS 2.10.020 THROUGH 2.10.060 OF THE BRENTWOOD MUNICIPAL
CODE PERTAINING TO CITY COUNCIL MEMBER ELECTION DISTRICTS, A
DISTRICT ELECTION PROCESS, AND THE SEQUENCING OF DISTRICT ELECTIONS; AND AUTHORIZING STAFF TO TAKE ACTIONS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS ORDINANCE
WHEREAS, on July 9, 2019, the City Council adopted Ordinance No. 1010, which, for the first time, established City Council member electoral districts, a district election process, and the sequence of those district elections. Cities that hold district elections must revisit the districts’ composition every ten years, in step with the Federal Census; and WHEREAS, the Federal Census counts each resident of the country where they live on April 1, every ten years ending in zero. This process triggered the commencement of the redistricting procedure for Brentwood; and
WHEREAS, on April 27, 2021, the City Council created a hybrid redistricting commission, which was charged with conducting public meetings and selecting, by early 2022, two or more electoral district maps for consideration by the City Council; and WHEREAS, on August 12, 2021, the U.S. Census Bureau released census data in a format that the Statewide Database at U.C. Berkeley used to provide the dataset required by state law for redistricting. This dataset was finalized on September 20, 2021, and showed the population of Brentwood increasing from 51,481 to 64,381 in the last decade; and WHEREAS, following a public recruitment for members of the redistricting commission, the members were selected by a retired independent judge, and WHEREAS, the members of the Redistricting Commission of the City of Brentwood, California (Commission), were sworn into office on September 9, 2021; and WHEREAS, on October 2, 2021, the Commission received an overview of the redistricting process from the demographer and held the first of four public hearings to receive community input regarding the boundaries and the composition of districts to be established for City Council Member elections; and
WHEREAS, on December 2, 2021, the Commission held the second of four public hearings to receive public input on the composition of one or more districts and communities of interest, and provided initial direction to the demographer on the composition of draft district boundary maps; and
WHEREAS, on January 13, 2022, the Commission held the third of four public hearings to receive input on the composition of one or more districts and communities of interest; and provided additional direction to the demographer on the composition of draft district boundary maps; and
Exhibit C
Draft Redlined Redistricting Ordinance
WHEREAS, on February 10, 2022, the Commission held the fourth of four public hearings to review maps submitted by the public, Commission members, and demographer, and selected two district boundary maps to recommend to the City Council for their consideration; and
WHEREAS, in addition to the Commission’s State-mandated public hearings, the redistricting process places considerable emphasis on community outreach; and WHEREAS, throughout the public hearing process, the City engaged in extensive outreach efforts, including the use of social media, press releases, and utility bill inserts. In addition, flyers about the redistricting process were created and distributed at various community events and to local businesses; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Elections Code Section 21601, an ordinance adjusting the district boundaries for election of members of the City Council of the City of Brentwood following the decennial federal census as required by law, with the Mayor still being elected at large by voters of the entire City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD does ordain as follows:
Section 1. The City Council finds that the proposed amendments to the Brentwood Municipal Code are exempt from the requirements of the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 2. Sections 2.10.020 through 2.10.060 of the Brentwood Municipal Code are hereby replaced in their entirety with the sections set forth in Attachment “1,” which is incorporated in full.
Section 3. The City Manager, City Attorney, and City Clerk are authorized to take any additional actions necessary to implement the provisions of this ordinance.
Section 4. If any part of this ordinance is declared invalid by a court, such invalidity will not affect any of the remaining parts.
Section 5. This ordinance will be published in accordance with Government Code Section 36933. This ordinance will take effect 30 days after its adoption. The City Clerk is directed to cause the municipal code text to be entered in the Brentwood Municipal Code.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 22nd day of March 2022, by the following vote:
Exhibit C
Draft Redlined Redistricting Ordinance
Attachment “1”
“2.10.020 District-Based Elections System.
A. Pursuant to California Government Code Section 34886 and 34871(c), Council Members will be elected on a district-based elections system in four single-member districts. For purposes of this chapter, the term “district-based elections system” will mean the election of Members of the City Council by the voters of the district alone.
B. Except as provided in subsection (C) of this section, the Council Member elected or appointed to represent a district must live 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 shethey seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and Elections Code Section 10227.
C. A Council Member in office at the time this section takes effect will continue in office until the expiration of the full term to which he or she wasthey were elected or appointed, and until his or her their successor is qualified. Council Members who, following the decennial Federal Census redistricting, no longer live within the boundaries of the district to which they were elected, will represent that reconstituted district until the expiration of the full term to which they were elected. If vacancies in Council Member offices elected at-large occur before expiration of the full term thereof, such vacancies will be filled according to law from the city at-large.
2.10.030. Districts.
A. Subject to section 2.10.020, City Council Members will be elected on a by-district basis from the Council districts described in subsection (B) below and depicted on the map attached to this Ordinance as Exhibit A and incorporated by this reference. To the extent there is a conflict between the incorporated map incorporated herein and the descriptions contained in subsection (B) below, the description will prevail.
B. The Districts are as follows:
1. District 1: [To be inserted] All the portion of the City of Brentwood lying northwesterly of the following described line: Beginning at the intersection of the Union Pacific rail line and the northerly boundary of the City of Brentwood, and proceeding southeasterly along the Union Pacific rail line to Marsh Creek, and proceeding southwesterly along Marsh Creek to drainage creek, and proceeding westerly along drainage creek to Fairview Avenue, and proceeding southerly along Fairview Avenue to gravel road, and proceeding northwesterly along gravel road to path, and proceeding southwesterly along path to longitude of 37°56'10.7"N, and proceeding Exhibit C
Draft Redlined Redistricting Ordinance
westerly along longitude of 37°56'10.7"N to westerly boundary of the City of Brentwood..
2. District 2: [To be inserted] All the portion of the City of Brentwood lying northeasterly of the following described line: Beginning at the intersection of Oak Street and the easterly boundary of the City of Brentwood, and proceeding northwesterly along Oak Street to Garin Parkway, and proceeding northerly along Garin Parkway to Sycamore Avenue, and proceeding westerly along Sycamore Avenue to Central Boulevard, and proceeding westerly along Central Boulevard to Walnut Boulevard, and proceeding southeasterly along Walnut Boulevard to McClarren Road, and proceeding westerly along McClarren Road to Sarah Street, and proceeding northerly along Sarah Street to Dainty Avenue, and proceeding westerly to Central Boulevard, and proceeding westerly along Central Boulevard to Minnesota Avenue, and proceeding northerly along Minnesota Avenue to drainage creek, and proceeding easterly along drainage creek to Marsh Creek, and proceeding northeasterly along Marsh Creek to the Union Pacific rail line, and proceeding northwesterly along the Union Pacific rail line to northerly boundary of the City of Brentwood.
3. District 3: [To be inserted] All the portion of the City of Brentwood lying southwesterly of the following described line: Beginning at the intersection of Marsh Creek and the southerly boundary of the City of Brentwood, and proceeding northeasterly along Marsh Creek to Balfour Road, and proceeding westerly along Balfour Road to Fairview Avenue, and proceeding northerly along Fairview Avenue to gravel road, and proceeding northwesterly along gravel road to path, and proceeding southwesterly along path to longitude of 37°56'10.7"N, and proceeding westerly along longitude of 37°56'10.7"N to westerly boundary of the City of Brentwood.
4. District 4: [To be inserted] All the portion of the City of Brentwood lying southeasterly of the following described line: Beginning at the intersection of Oak Street and the easterly boundary of the City of Brentwood, and proceeding northwesterly along Oak Street to Garin Parkway, and proceeding northerly along Garin Parkway to Sycamore Avenue, and proceeding westerly along Sycamore Avenue to Central Boulevard, and proceeding westerly along Central Boulevard to Walnut Boulevard, and proceeding southeasterly along Walnut Boulevard to McClarren Road, and proceeding westerly along McClarren Road to Sarah Street, and proceeding northerly along Sarah Street to Dainty Avenue, and proceeding westerly to Central Boulevard, and proceeding westerly along Central Boulevard to Minnesota Avenue, and proceeding northerly along Minnesota Avenue to drainage creek, and proceeding westerly along drainage creek to Fairview Avenue, and proceeding southerly along Fairview Avenue to Balfour Road, and proceeding easterly along Balfour Road to Marsh Creek, and proceeding southwesterly along Marsh Creek to southerly boundary of the City of Brentwood.
Exhibit C
Draft Redlined Redistricting Ordinance
C. The Council districts specified in subsections (A) and (B) of this section will continue in effect until they are amended or repealed in accordance with law.
2.10.040. Election Schedule.
A. Except as otherwise required by California Government Code Section 36512, Council Members will be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2020, and every four years thereafter. Council Members will be elected in Council Districts 2 and 4 beginning at the General Municipal Election in November 2022, and every four years thereafter.
B. Following the adoption of a ballot measure on November 7, 2006, by City voters, and beginning with the November 2008 General Municipal Election, the Mayor is elected by the voters of the entire City every four years.
2.10.050 Conduct of succeeding general municipal elections The municipal general election in 1984 and each municipal general election thereafter will be conducted on the date specified by this chapter, in accordance with the Government and Elections Codes, unless this chapter is later repealed by the city council
2.10.060 Affidavit of eligibility for elected officials A. Each candidate either nominated for an elective office, or proposed for appointment in the case of a vacancy in an elective office, will sign under penalty of perjury an affidavit declaring that the candidate is eligible to hold office. The affidavit will be in a form as shown in subsection C of this section. The affidavit will be submitted to the city clerk no later than the time the candidate assumes office.
B. Each official in an elective office will annually sign under penalty of perjury an affidavit declaring that the official continues to be eligible to hold office. The affidavit will be in a form as shown in subsection D of this section. The affidavit will be submitted to the city clerk no later than the time required by law for the annual filing of “Statements of Economic Interests” with the Fair Political Practices Commission, or June 1st, of each year, whichever is later.
C. Form—Affidavit of Eligibility for Candidates.
AFFIDAVIT OF ELIGIBILITY FOR CANDIDATES
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA ) ss.
CITY OF BRENTWOOD )
I, [name] solemnly swear that I am eligible to hold elective office in the City of Brentwood in that I am a registered voter of the City of Brentwood at the time Exhibit C
Draft Redlined Redistricting Ordinance
nomination papers were issued to me by the City Clerk and I am an elector of the City at the time of assuming office because my legal residence is located at [address] in the City of Brentwood, and, in the case of City Council candidates, in the district in which I am running for election. For the duration of my term in office, I will retain legal residence within the City of Brentwood and, in the case of City Council candidates, in the district in which I am running for election.
I declare under penalty of perjury that the foregoing is true and correct. [signature]
Subscribed and sworn to before me the ____ day of ______, 20___. (SEAL) ____________________________
Notary Public in and for the County
of __________, State of California
D. Form—Affidavit of Eligibility for Elective Office Holders.
AFFIDAVIT OF ELIGIBILITY FOR
ELECTIVE OFFICE HOLDERS
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA ) ss.
CITY OF BRENTWOOD )
I, [name] solemnly swear that I continue to be eligible to hold elective office in the City of Brentwood. In particular, my legal residence is in the City of Brentwood at [address] , which, in the case of City Council office holders, is in the district from which I was elected, unless that district’s boundaries were changed following the decennial Federal Census, moving my residence outside of those boundaries. For the duration of my term in office, I will retain legal residence within the City of Brentwood and, in the case of City Council office holders, in the district from which I was elected, unless that district’s boundaries were changed following the decennial Federal Census, moving my residence outside of those boundaries.
Should my residence no longer be located in the district to which I was elected due to decennial Federal Census boundary revisions, I will represent the reconstituted district to which I was elected.
I declare under penalty of perjury that the foregoing is true and correct. [signature]
Exhibit C
Draft Redlined Redistricting Ordinance
Subscribed and sworn to before me the ____ day of _____, 20___. (SEAL) _____________________________
Notary Public in and for the County
of __________, State of California
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD,
CALIFORNIA, SELECTING, WITHOUT AMENDMENT, AN ELECTORAL
DISTRICT BOUNDARY MAP, AS FORWARDED BY THE BRENTWOOD
REDISTRICTING COMMISSION
WHEREAS, on July 9, 2019, the City Council adopted Ordinance No. 1010, which, for the first time, established City Council member electoral districts, a district election process, and the sequence of those district elections. Cities that hold district elections must revisit the districts’ composition every ten years, in step with the Federal Census, and WHEREAS, on April 27, 2021, pursuant to Elections Code §§ 23000-23003, the City Council voted to create a hybrid redistricting commission (the “Commission”), which was charged with conducting public hearings and selecting, by early spring 2022, two or more electoral district maps for consideration by the City Council, and WHEREAS, following the City Council’s authorization of the creation of the Commission, a public recruitment for members took place. Retired federal judge Thelton Henderson independently selected five applicants to serve on the Commission; and WHEREAS, on August 12, 2021, the U.S. Census Bureau released census data in a format that the Statewide Database at U.C. Berkeley used to provide the dataset required by state law for redistricting. This dataset was finalized on September 20, 2021, and showed the population of Brentwood increasing from 51,481 to 64,381 in the last decade, and WHEREAS, on September 9, 2021, the members of the Commission were sworn into office and held their first meeting; and
WHEREAS, on October 14, 2021, the Commission held its first public hearing, at which the Commission received an overview of the redistricting process, as well as input from the community regarding boundaries and composition of districts to be established for City Council Member elections; and
WHEREAS, on December 2, 2021, the Commission held its second public hearing, at which the Commission received public input on the composition of one or more districts and communities of interest; and provided initial direction to the demographer on the composition of draft district boundary maps; and
WHEREAS, on January 13, 2022, the Commission held its third public hearing, at which the Commission heard testimony and received information concerning communities of interest; reviewed maps submitted by the public and Commissioner members, as well as draft maps prepared by the demographer; and discussed the number and types of maps the
Commission would ultimately send to the City Council, as well as revisions to those maps; and
WHEREAS, on February 10, 2022, the Commission held its fourth and final public hearing, at which the Commission reviewed draft maps submitted by the public, Commission members, and the demographer, and provided direction on revisions to those maps.
Following the public hearing and Commission deliberation, the Commission adopted Resolution 2022-01-R, and selected the maps designated as Lime and Navy to be forwarded to the City Council for consideration; and
WHEREAS, along with designating the two maps, the Commission’s resolution included language authorizing the City Clerk, working with the City Manager and City Attorney, to make minor adjustments to the borders of districts to ensure that they followed understandable boundaries; and
WHEREAS, on the basis of this express authorization, the City Clerk, in consultation with the City Manager and City Attorney, modified the Lime Map selected by the Commission for Council consideration to ensure that the district boundaries at the intersection of O’Hara Avenue and Sand Creek Road followed Sand Creek Road, without zig-zagging at that intersection; and
WHEREAS, following the Commission’s selection of the two maps, and the application of this revision, the maps were posted on the City’s redistricting website page for public review and comment on February 14, 2022; and
WHEREAS, throughout the Commission’s public hearing process, the City engaged in extensive outreach efforts, which included, but not exclusively limited to:
1. In-person outreach at local events, including Hometown Halloween;
2. Placing brochures printed in both English and Spanish at public and private locations around Brentwood, including the Village Community Resource Center, Brentwood Rotary, the Brentwood branch of the Contra Costa County Library, Summerset I and II, the Trilogy Club House, the Brentwood Senior Center, the Brentwood Community Center, and City Hall;
3. Making media buys in the Brentwood Press newspaper and Peach Jar, a newsletter sent directly to parents at 11 Brentwood Unified School District schools;
4. Digital outreach through the creation and maintenance of a website devoted to redistricting (www.brentwoodca.gov/redistricting), creation of ads to run on social media platforms, and the filming of a redistricting video to air on social media platforms;
5. Informational inserts included with printed utility bills issued by the City; and
6. Press releases issued by the City Manager’s Office; and
WHEREAS, the City Council held a special meeting on March 3, 2022, to hear public comment and consider the Lime and Navy maps forwarded to the Council by the Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that:
1. Plan ______ is the map selected as the electoral boundary map to be used at the November 2022 election, and for all future elections until the next redistricting required by law.
2. Staff is directed to prepare an ordinance for adoption by the City Council at its meeting on March 22, 2022, to amend Brentwood Municipal Code Chapter 2.10 to reflect the new districts shown on Plan .
PASSED, APPROVED, AND ADOPTED at a special meeting of the City Council of the City of Brentwood on the 3rd day of March, 2022, by the following vote: