Agenda Item No. 9
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 28, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
SUBJECT: Second Reading and Adoption of an Ordinance to Add a New Chapter
3.2 to Article II (Administration) of the Grover Beach Municipal Code to Define Boundaries for District-Based City Council Elections
RECOMMENDATION
Conduct a public hearing and second reading to adopt an Ordinance to add Chapter 3.2 to Article II (Administration) of the Grover Beach Municipal Code to define boundaries for district-based City Council elections.
BACKGROUND:
On July 1, 2019, the City Council adopted Resolution No. 19-37 (shown as Attachment 1) declaring its intention to transition from at-large to district-based elections for the City Council commencing with the General Municipal Election in November 2022. Pursuant to Elections Code Section 10010, the City conducted two public hearings on June 28, 2021 and July 26, 2021 prior to drafting maps of proposed districts, at which time the public was invited to provide input regarding the composition of said districts. The City then worked with demographic consultant National Demographics Corporation (NDC) to create four draft maps for the City Council’s consideration and to analyze publicly submitted maps. The City also worked with communications consultant Tripepi Smith on public outreach efforts to inform the public about district elections and to seek input in developing district maps in compliance with State law, including extensive Spanish language outreach.
On January 24, 2022, the City Council conducted the third districting hearing and considered the NDC draft maps, as well as 41 publicly submitted maps, which included maps depicting communities of interest, single district maps and four-district maps. After deliberations, the Council selected four focus maps to bring forward to the fourth and final public hearing on February 28, 2022. At that hearing, the Council unanimously voted to select a final map (Plan 901, shown in Attachment 2). The Council then conducted the first reading of the attached Ordinance (shown as Attachment 3) on March 14, 2022.
The attached Ordinance will codify the district boundaries depicted in the approved, final map to be used in future district-based City Council elections. District boundaries are defined by Census blocks. The ordinance also defines the rotation of district elections, with Districts One and Two scheduled for elections in November 2022 and every four years thereafter and Districts Three and Four scheduled for elections in November 2024 and every four years thereafter. The Mayor will continue to be elected at-large by the entire city under the Ordinance and is scheduled for election in November 2022 and every two years thereafter.
Staff Report: Second Reading and Adoption of District-Based Elections Ordinance Page 2 March 28, 2022
FISCAL IMPACT
There is no fiscal impact associated with this item.
ALTERNATIVES
The Council has the following alternatives to consider:
1) Conduct a public hearing and second reading to adopt an Ordinance to add Chapter 3.2 to Article II (Administration) of the Grover Beach Municipal Code to define boundaries for district-based City Council elections; or
2) Provide alterative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1. Resolution No. 19-37
2. Final Map 901
3. Ordinance No. 22-__
RESOLUTION N0.19-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT-BASED ELECTIONS BY NOVEMBER 2022
WHEREAS, members of the City Council of the City of Grover Beach are currently elected in "atlarge" elections in which each of the four Council Members along with the Mayor is elected by the registered voters of the entire city; and ·
WHEREAS, California Government Code section 34886 permits the legislative body of a city to change its method of election by ordinance from an "at-large" system to a "district-based" system in which each member of the legislative body is elected by the voters in the district in which the candidate resides; and
WHEREAS, on May 29, 2019, the City received a letter entitled Notice of Violation of California Voting Rights Act ("Notice") from Jeffrey Mayes, attorney, on behalf of Felipe Rueff ("Prospective Plaintiffs") asserting that the City's elections are characterized by racially polarized voting and demanding that the City transition to district-based elections pursuant to the California Voting Rights Act ("CVRA"); and
WHEREAS, a violation of the CVRA is established if it is shown that racially polarized voting occurs in elections (Elections Code 14028(a)). "Racially polarized voting" means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate {Elections Code section 14026(e)); and
WHEREAS, the CVRA allows for Prospective Plaintiffs to file a lawsuit against the City if the City does not allow a resolution of intent to institute district-based elections within 45 days of the Notice ("45- day period") (Elections Code section 1001 O); and
WHEREAS, the Notice states that if the City declines to adopt a resolution of intent to transition to district-based elections within the 45-day period, Prospective Plaintiffs will commence a lawsuit to compel district-based elections; and
WHEREAS, July 13, 2019 is the 45th day from the date the City received the Notice; and WHEREAS, the Prospective Plaintiffs offered to consider a settlement agreement whereby the City would not be required to institute district-based elections until the November 2022 regular election in order to allow 2020 U.S. Census data to be taken into account in drawing district boundaries; and WHEREAS, the City denies the assertion that it's at-large system violates the CVRA or any other provision of law and asserts that the City's election system is legal in all respects; and WHEREAS, the City Council has concluded that the public interest would be best served by transitioning to a district-based election system due to the inherent uncertainties and costs associated with defending the City's at-large election system again a CVRA lawsuit; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Grover Beach:
SECTION 1. The above recitals are true and correct.
SECTION 2. Before the November 2022 regular election, the City Council will consider adoption of an ordinance to institute a district-based election system as authorized by Government Code section 34886.
Attachment 1
SECTION 3. Prior to considering an ordinance to establish district boundaries for a districtbased election system, the City will follow the requirements pursuant to Elections Code section 10010 to solicit public input in the district map drawing process.
Upon motion by Mayor Pro Tern Shah, second by Council Member Lance, and on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members - Bright, Lance, Nicolls, Mayor Pro Tern Shah, and Mayor Lee
Council Members - None
Council Members - None
Council Members - None
The foregoing Resolution No. 19-37 was PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City Council of the City of Grover Beach, California this 1st day of July, 2019. 3 2
4 1
Pismo State
Beach
Pismo State
Beach Golf
Course
Mentone Basin
Park
16th Street Park
Grover Heights
Park
Costa Bella Park
Ramona Garden
Park
Cabril
o
Hwy
Margarita Ave
HHuston St
u
b
er St S 4th St
N 4th St
El Cam Real
Grand Ave
Front St
Oak Park Blvd
16th
St
Anita Ave
Newport Ave
N
1st
St
N 2nd St
Ocean View Ave
13th
St Ramona Ave
Beckett Pl
Highland Way
N
8th St
Nacimiento Ave
N
5th St
N
3rd
St
Baden Ave
Mira
Mar
Ct
Laguna Ct
Park Ln
S
an
S
or e
nto
Ct S
O
a
k
P
ark
Blvd
The Pike
N 13th
St
Park View Ave
S
1 6th
St
T
a
n
n
er Ln
Messina
Ct
B
arc
a
St
Mentone Ave Lyn
e
St
Calvin Ct
P
ark Dr
S
3rd
St Saratoga Ave S 5th St
Ritchie Rd
C
o
urtlan
d
St
Atlantic City Ave
N
6th
St Longbranch Ave
Rockaway Ave
N
7th
St S 10th
St N
9th
St S 14th
St Brighton Ave
B
alb
o
a
St Seabright Ave
N 10th
St S 11th
St Nice Ave
Trouville Ave
C
a
pitola
St Shanna Pl
Saint John Cir
Farroll AveDriftwood St
Stinso
n
Ct D
ove
r
Ct
S 6th
St Manhattan Ave S 8th St
S
7th
St S
9th
St Total Population Deviation: 9.5%
Most Latino District: 3 (30% CVAP)
City of Grover Beach
2021/22 Transition to
District Elections
National Demographics Corp., Jan. 14, 2022
Proposed Election Sequence:
2022: Districts 1 & 2
2024: Districts 3 & 4
Plan 901
©2021 CALIPER
Attachment 2
Category Field 1 2 3 4 Total
Total Population 3,271 3,348 3,075 3,045 12,739
Population Deviation 86 163 -110 -140 303
Pct. Deviation 2.70% 5.12% -3.45% -4.40% 9.51%
Hispanic/Latino 26% 28% 40% 31% 31%
NH White 62% 60% 48% 57% 57%
NH Black 1% 2% 2% 1% 1%
NH Asian/Pac.Isl. 6% 7% 7% 7% 7%
NH Native Amer. 2% 2% 2% 2% 2%
Total 2,233 3,028 2,398 2,301 9,960
Hisp 17% 17% 30% 18% 21%
NH White 73% 74% 55% 78% 70%
NH Black 3% 4% 1% 0% 2%
Asian/Pac.Isl. 7% 5% 13% 4% 7%
Native Amer. 0% 2% 2% 2% 1%
Total 2,203 2,215 1,758 1,998 8,174
Latino est. 18% 16% 25% 22% 20%
Spanish-Surnamed 17% 15% 23% 21% 19%
Asian-Surnamed 2% 2% 3% 2% 2%
Filipino-Surnamed 2% 2% 2% 2% 2%
NH White est. 79% 77% 71% 77% 76%
NH Black 2% 4% 2% 0% 2%
Total 1,829 1,867 1,420 1,694 6,810
Latino est. 15% 15% 22% 20% 18%
Spanish-Surnamed 15% 15% 21% 19% 17%
Asian-Surnamed 2% 2% 3% 2% 2%
Filipino-Surnamed 2% 2% 2% 2% 2%
NH White est. 79% 77% 71% 77% 76%
NH Black 2% 4% 2% 0% 2%
Total 1,312 1,328 940 1,187 4,767
Latino est. 11% 13% 18% 17% 15%
Spanish-Surnamed 11% 13% 18% 17% 14%
Asian-Surnamed 2% 2% 2% 1% 2%
Filipino-Surnamed 1% 1% 2% 2% 2%
NH White est. 83% 78% 75% 79% 79%
NH Black est. 1% 4% 1% 0% 2%
age0-19 18% 22% 33% 21% 24%
age20-60 53% 57% 52% 51% 53%
age60plus 29% 21% 15% 28% 22%
immigrants 14% 8% 7% 8% 9%
naturalized 59% 50% 53% 48% 53%
english 92% 86% 63% 84% 80%
spanish 5% 9% 29% 14% 15%
asian-lang 2% 1% 7% 2% 3%
other lang 1% 4% 0% 0% 1%
Language Fluency Speaks Eng. "Less than
Very Well" 3% 1% 16% 5% 7%
hs-grad 52% 51% 58% 47% 52%
bachelor 19% 21% 18% 26% 21%
graduatedegree 12% 13% 8% 10% 11%
Child in Household child-under18 20% 25% 42% 27% 29%
Pct of Pop. Age 16+ employed 62% 72% 60% 68% 66%
income 0-25k 12% 14% 13% 18% 14%
income 25-50k 19% 15% 25% 24% 20%
income 50-75k 21% 20% 30% 14% 21%
income 75-200k 46% 42% 31% 31% 37%
income 200k-plus 2% 8% 2% 13% 6%
single family 82% 66% 67% 73% 72%
multi-family 18% 34% 33% 27% 28%
rented 36% 54% 59% 43% 49%
owned 64% 46% 41% 57% 51%
Household Income
Education (among those
age 25+)
Immigration
Age
Language spoken at
home
City of Grover Beach - Plan 901
2020 Census
Total Pop.
Citizen Voting Age Pop
Housing Stats
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).
Voter Turnout
(Nov 2018)
ORDINANCE NO. 22-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA ADDING A NEW CHAPTER 3.2 (DISTRICTBASED ELECTIONS) OF ARTICLE II (ADMINISTRATION) WHEREAS, members of City Council of the City of Grover Beach (“City”) are currently elected in “at-large” elections in which each of the four Council Members, along with the Mayor, is elected by the registered voters of the entire city; and WHEREAS, California Government Code section 34886 permits the legislative body of a city to change its method of election by ordinance from an "at-large" system to a "district-based" system in which each member of the legislative body is elected by the voters in the district in which the candidate resides; and WHEREAS, on May 29, 2019, the City received a letter entitled Notice of Violation of California Voting Rights Act ("Notice") from Jeffrey Mayes, attorney, on behalf of Felipe Rueff ("Prospective Plaintiffs") asserting that the City's elections are characterized by racially polarized voting and demanding that the City transition to district-based elections pursuant to the California Voting Rights Act ("CVRA"); and WHEREAS, a violation of the CVRA is established if it is shown that racially polarized voting occurs in elections (Elections Code 14028(a)). "Racially polarized voting" means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate (Elections Code section 14026(e)); and
WHEREAS, the CVRA allows for Prospective Plaintiffs to file a lawsuit against the City if the City does not allow a resolution of intent to institute district-based elections within 45 days of the Notice ("45-day period") (Elections Code section 1001 O); and
WHEREAS, the Notice states that if the City declines to adopt a resolution of intent to transition to district-based elections within the 45-day period, Prospective Plaintiffs will commence a lawsuit to compel district-based elections; and WHEREAS, July 13, 2019 was the 45th day from the date the City received the Notice; and
WHEREAS, the Prospective Plaintiffs offered to consider a settlement agreement whereby the City would not be required to institute district-based elections until the November 2022 regular election in order to allow 2020 U.S. Census data to be taken into account in drawing district boundaries; and
WHEREAS, the City denies the assertion that its at-large system violates the CVRA or any other provision of law and asserts that the City's election system is legal in all respects; and
Attachment 3
Ordinance No. 22-__ Page 2
WHEREAS, the City Council has concluded that the public interest would be best served by transitioning to a district-based election system for City Council members due to the inherent uncertainties and costs associated with defending the City's at-large election system again a CVRA lawsuit; and
WHEREAS, the City conducted four public hearings and engaged in extensive public outreach to consider city districts and proposed district maps, as required by California Elections Code Section 10010; and
WHEREAS, the City Council voted unanimously in favor of adopting the selected district Plan 901, attached hereto;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:
PART 1: The above recitals and findings are true and correct and incorporated herein by this reference.
PART 2: CEQA. The City Council finds that the proposed amendments to the Grover Beach Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) 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.
PART 3: A New Chapter 3.2, (District-Based Elections), of Article II, (Administration), is hereby added to the Grover Beach Municipal Code as follows:
CHAPTER 3.2 –DISTRICT-BASED ELECTIONS
Section 2360. By-district electoral system for four Councilmembers. (A) Pursuant to California Government Code Sections 34886 and 34871(c), Councilmembers shall be elected by-districts in four (4) single-member districts. (B) Except as provided in subdivision (C) hereof, the Councilmember elected 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 she seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and Elections Code Section 10227. (C) A Councilmember in office at the time this Article takes effect shall continue in office until the expiration of the full term to which he or she was elected or appointed and until his or her successor is qualified. If vacancies in Councilmember offices elected at-large occur before expiration of the full term thereof, such vacancies may be filled according to law from the district for which the vacancy occurs.
Ordinance No. 22-__ Page 3
(D) Upon expiration of the full term of each Councilmember elected at-large, that Councilmember’s successor shall be elected on a by-district basis in the districts established in Section 2362. A vacancy in a Councilmember office elected by-district shall be filled according to law by a person qualified to hold the office, who lives in the district.
Section 2361 Establishment of Boundaries. The City of Grover Beach is divided into four City Council districts, the boundaries of which are designated, numbered, and described as set forth in Section 2362.
Section 2362. Districts.
(A) Elections shall take place, and Councilmembers shall be elected, “by-districts” as that term is defined in California Government Code Section 34871, meaning one member of the City Council shall be elected from each district, by the voters of that district alone.
(B) The districts are as follows:
First City Council district. City Council District One shall be all that territory in the city comprised of the following U.S. Census blocks:
060790121024011
060790121024019
060790121024008
060790121024002
060790121024015
060790121021035
060790121022047
060790121024016
060790121024001
060790121022048
060790121024021
060790121024018
060790121024017
060790121024000
060790121022049
060790121021034
060790121022046
060790121021033
060790121022035
060790121022045
060790121022036
060790121021030
060790121021029
060790121022026
060790121022027
060790121022025
060790121022024
060790121022044
060790121022037
060790121022028
060790121022023
060790121021023
060790121021027
060790121021024
060790121021026
060790121021025
060790121022019
060790121022007
060790121022011
060790121021000
060790121022010
060790121022018
060790121022012
060790121022006
060790121022009
060790121022008
060790121022021
060790121022013
060790121022017
060790121022005
060790121022016
060790121022033
060790121022004
060790121022003
060790121022034
060790121022014
060790121022001
060790121022015
060790121022002
060790121022000
060790121022066
060790121022067
060790121021003
060790121021007
060790121021006
060790121021001
Ordinance No. 22-__ Page 4
060790121021022
060790122012000
060790122012003
060790121021015
060790121021014
060790121021010
060790122012001
060790121021002
060790121024003
060790121021017
060790121021013
060790121021009
060790121021005
060790121021008
060790121021004
060790121021019
060790121021018
060790121021032
060790121021020
060790121021021
060790121021031
060790121021028
060790121024004
060790121024013
060790121024012
060790121024010
060790121024024
060790121024023
060790121024027
060790121024026
060790121024025
060790121024022
060790121024006
060790121024020
Second City Council district. City Council District 2 shall be all that territory in the city comprised of the following U.S. Census blocks:
060790121022050
060790121022051
060790121022057
060790121022056
060790121022055
060790121022054
060790121022038
060790121022052
060790121022039
060790121022029
060790121022022
060790121022030
060790121022020
060790121022053
060790121022040
060790121022041
060790121022031
060790121022032
060790121022042
060790121022043
060790120021002
060790120021003
060790120021005
060790120021001
060790120021000
060790120021007
060790120022012
060790120022019
060790120022013
060790120022018
060790120022017
060790120022014
060790120022011
060790120022004
060790120022003
060790120022010
060790120022009
060790120022005
060790120022002
060790120022006
060790120022001
060790120022016
060790120022015
060790120021019
060790120021018
060790120021015
060790120021016
060790120022008
060790120022007
060790120022000
060790120021012
060790120021011
060790120021004
060790120021017
060790120021014
060790120021021
060790120021013
060790120021010
060790120021006
060790120021009
060790120021020
060790120021008
060790120022020
Third City Council district. City Council District 3 shall be all that territory in the city comprised of the following U.S. Census blocks:
060790121023003
060790121022060
060790121022059
060790121023002
060790121022061
060790121022058
060790121023001
060790121022062
060790121023000
Ordinance No. 22-__ Page 5
060790121022065
060790121022063
060790121022064
060790120023006
060790120023010
060790120023011
060790120023004
060790120023005
060790120023012
060790120023014
060790120023013
060790120023003
060790120023002
060790120023027
060790120023022
060790120023023
060790120023001
060790120023000
060790121023020
060790121023019
060790121023012
060790121023011
060790121023004
060790121023026
060790121023021
060790121023027
060790121023025
060790121023022
060790121023024
060790121023023
060790121023018
060790121023013
060790121023017
060790121023014
060790121023010
060790121023005
060790121023009
060790121023016
060790121023015
060790121023006
060790121023008
060790121023007
060790120023034
060790120023018
060790120023025
060790120023024
060790120023026
060790120023017
060790120023020
060790120023028
060790120023016
060790120023021
060790120023015
060790120023019
060790120023008
060790120023009
060790120023007
Fourth City Council district. City Council District Four shall be all that territory in the city comprised of the following U.S. Census blocks:
060790121023029
060790120011021
060790120011016
060790120011026
060790120011015
060790120011001
060790120011000
060790120023035
060790120023036
060790121024009
060790121024014
060790121024007
060790121024005
060790121024028
060790121024029
060790121023028
060790120011046
060790120011045
060790120011039
060790120011038
060790120011037
060790120011047
060790120011048
060790120011040
060790120011029
060790120011041
060790120011042
060790120011025
060790120011043
060790120011044
060790120011035
060790120011032
060790120011033
060790120011034
060790120011036
060790120011019
060790120011020
060790120011009
060790120011008
060790120011007
060790120011018
060790120011031
060790120011017
060790120011024
060790120011010
060790120011006
060790120011011
060790120011012
060790120011005
060790120011004
060790120023033
060790120023032
060790120023031
060790120023030
060790120011030
060790120011028
060790120011027
060790120011023
060790120011013
060790120011003
060790120011022
060790120011014
060790120011002
Ordinance No. 22-__ Page 6
060790120023029
(C) The districts specified in subdivision (B) shall continue in effect until they are amended or repealed in accordance with law.
Section 2363. Election schedule.
(A) Councilmembers from Districts One and Two shall be elected beginning at the General Municipal Election in November 2022, and every four years thereafter. (B) Councilmembers from Districts Three and Four shall be elected beginning at the General Municipal Election in November 2024, and every four years thereafter.
Section 2365. At-large Mayor. Consistent with Government Code Section 34900, the Mayor shall be elected at-large by the entire City for a term of two years. The Mayor shall be entitled to serve only two consecutive terms. The Mayor may run again for any future term for Mayor commencing no later than 24 months after the last of two consecutive terms.
PART 4:
A map showing the districts described in this Ordinance, Final Plan 901, is attached hereto as Attachment 1 and incorporated by this reference. To the extent there is a conflict between the descriptions contained in the Ordinance codified in this Chapter and the map incorporated herein, the census block descriptions shall prevail. If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts or the eligibility of candidates.
The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
PART 5: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the determination of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this chapter or its application to other persons. The City Council hereby declares that it would have adopted this chapter and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.
PART 6: Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty first day after its final passage. However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
Ordinance No. 22-__ Page 7
INTRODUCED at a regular meeting of the City Council held March 14, 2022 and PASSED, APPROVED, and ADOPTED by the City Council on March 28, 2022, on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
APPROVED:
__________________________
Mayor Jeff Lee
ATTEST:
____________________________________
Wendi Sims, City Clerk
APPROVED AS TO FORM:
_____________________________________
David P. Hale, City Attorney