MAYOR
Ignacio Velazquez
COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4
CITY MANAGER
Brett Miller
CITY ATTORNEY
Jason S. Epperson
CITY CLERK
Christine Black
POLICE CHIEF
Carlos Reynoso
CITY TREASURER
Anietra Gomez
CITY COUNCIL AGENDA
Special Meeting
January 8, 2022
9:00 AM
CITY OF HOLLISTER
CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.hollister.ca.gov
REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY
**Public Comment is limited to items on the Special Meeting Agenda**
This meeting is conducted in compliance with substantive and procedural requirements of AB 361 to conduct a remote teleconference meeting without adhering to the requirements of Government Code section 54953 allowing for a deviation of teleconference rules required by the Brown Act. The purpose of this is to provide a safe environment for staff and the public to conduct city business, while allowing for public participation during the COVID-19 global emergency. The hybrid meeting will be held by teleconference, and the public may attend in person. The public may watch the meeting via live stream at:
City of Hollister Website
http://hollisterca.iqm2.com/Citizens/Default.aspx >
or
Community Media Access Partnership (CMAP) at:
http://cmaptv.com/watch/ >
Note: CMAP Live Streaming may not be available for Special Meetings.
or
City of Hollister YouTube Channel:
City Council Saturday, January 8, 2022 Page 2 of 3
https://www.youtube.com/channel/UCu_SKHetqbOiiz5mH6XgpYw/featured >
Public Participation:
The public may attend meetings; a face mask is required to be worn regardless of vaccination status. Due to recent outbreaks of COVID, remote public participation is strongly encouraged. If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:
https://us02web.zoom.us/webinar/register/WN_0YnqatC9SsuEQIXFDGNKwg
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CALL TO ORDER
VERIFCATION OF AGENDA POSTING
A. CITY COUNCIL OF THE CITY OF HOLLISTER
1. PUBLIC HEARING: Lapkoff & Gobalet Demographer Census Redistricting Process Public Hearing #3 (City Clerk)
BRIEF DESCRIPTION: Redistricting occurs every 10 years after each U.S.
Census. Federal, state and local laws require the City to revise Council districts after each census. Typically, census data is released by April 1 st of the year following the census and was delayed due to COVID -19.
California State Law AB 849 requires that the governing body of each city adopt new district boundaries after each Federal Decennial Census.
California State Law AB 1276 requires that general law cities finish redistricting and adopt a new district map by Ordinance no later than April 17, 2022, which will then be implemented by the County Registrar of Voters in time for the 2022 Council Elections.
RECOMMENDATION: Staff recommends City Council hold the third Public Hearing, receive the presentation, receive public comment and review acceptable submitted maps.
ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636 -4300.
Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:00 a.m. to noon, 1:00 p.m. to 5:00 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)
City Council Saturday, January 8, 2022 Page 3 of 3
Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.
The next City Council Meetings are scheduled as follows:
Regular City Council Meeting -- Tuesday, January 18, 2022, at 6:30 p.m. (due to Holiday)
Regular City Council Meeting -- Monday, February 7, 2022, at 6:30 p.m.
Regular City Council Meeting -Tuesday, February 22, 2022, at 6:30 p.m. (due to Holiday)
Regular City Council Meeting -- Monday, March 7, 2022, at 6:30 p.m.
STAFF REPORT
CITY COUNCIL SPECIAL MEETING AGENDA
MEETING DATE: JANUARY 8, 2022
SUBMITTED: January 3, 2022 AGENDA ITEM: A. CITY COUNCIL OF THE CITY
OF HOLLISTER
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Christine Black, City Clerk
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300
TITLE OF ITEM: PUBLIC HEARING: LAPKOFF & GOBALET DEMOGRAPHER CENSUS REDISTRICTING PROCESS PUBLIC HEARING #3
BRIEF DESCRIPTION: Redistricting occurs every 10 years after each U.S. Census.
Federal, state and local laws require the City to revise Council districts after each census. Typically, census data is released by April 1st of the year following the census and was delayed due to COVID-19. California State Law AB 849 requires that the governing body of each city adopt new district boundaries after each Federal Decennial Census. California State Law AB 1276 requires that general law cities finish redistricting and adopt a new district map by Ordinance no later than April 17, 2022, which will then be implemented by the County Registrar of Voters in time for the 2022 Council Elections.
RECOMMENDATION: Staff recommends City Council hold the third Public Hearing, receive the presentation, receive public comment and review acceptable submitted maps.
DEPARTMENT SUMMARY: At the October 4, 2021, City Council Meeting, Council chose the option of Council Adoption of Redistricting Map. The City Council has retained Lapkoff & Gobalet Demographic Research, Inc. as their demographer. The City Council will conduct four (4) Public Hearings, review census data, take public input, and approve a new map. An Ordinance will go before Council with the selected new District Map, scheduled to be Introduced on January 18, 2022 and scheduled to be Adopted by February 7, 2022. This Public Hearing is the third of four (4) Public Hearings to inform and involve the community about the redistricting process, and Lapkoff & Gobalet Demographic Research, Inc. will provide a presentation. They presented a demonstration on how to submit maps using the online mapping tool, which has been recorded and is available for reference on our City of Hollister Website at our City Council Special Meeting held on November 13, 2021.
ATTACHMENTS:
1. ELECTIONS CODE State & Local Reapportionment 21000 -23004
2. Bill Text - AB-849 Elections_ city and county redistricting_
3. Bill Text - AB-1276 Local redistricting_
4. 2021-01-19 R15
5. 2021-10-04 R194
6. Current City Council District Map - 2021
7. Plans 1 and 2 11-29-21
8. Plan-3-for-posting
9. Plan 4 for posting 12 28 2021
10. Presentation for January 8, 2022 meeting
1 Packet Pg. 4
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
1 Packet Pg. 5
ELECTIONS CODE - ELEC
DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004] ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. )
CHAPTER 9. Advisory and Independent Redistricting Commissions [23000 - 23004] ( Chapter 9 added by Stats. 2016, Ch. 784, Sec. 3. )
23000.
For purposes of this chapter, the following terms have the following meanings:
(a) “Advisory redistricting commission” means a body that recommends to a legislative body placement of the district boundaries for that legislative body. (b) “Family member” means a spouse, parent, sibling, child, or in-law. (c) “Hybrid redistricting commission” means a body that recommends to a legislative body two or more maps for the placement of the district boundaries for that legislative body, where the legislative body must adopt one of those maps without modification, except as may be required to comply with state or federal law.
(d) “Independent redistricting commission” means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body. (e) “Legislative body” means a county board of supervisors, a city council of a general law city, a governing board of a school district, a governing board of a community college district, or an elected governing board of a special district. (f) “Local jurisdiction” means a county, general law city, school district, community college district, or special district. “Local jurisdiction” does not include a charter city.
(g) “Redistricting” means either districting or redistricting. (h) “Spouse” means a spouse or registered domestic partner. (Amended by Stats. 2020, Ch. 90, Sec. 28. (AB 1276) Effective January 1, 2021.) 23001.
A local jurisdiction may establish by resolution, ordinance, or charter amendment an independent redistricting commission, a hybrid redistricting commission, or an advisory redistricting commission composed of residents of the local jurisdiction to change the legislative body’s district boundaries or to recommend to the legislative body changes to those district boundaries.
(Amended by Stats. 2018, Ch. 462, Sec. 2. (SB 1018) Effective January 1, 2019.) 23002.
(a) This section applies to advisory redistricting commissions. (b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission.
(c) A person who is an elected official of the local jurisdiction, or a family member, staff member, or paid campaign staff of an elected official of the local jurisdiction, shall not be appointed to serve on the commission.
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(d) A local jurisdiction may impose additional requirements or restrictions on the commission, members of the commission, or applicants to the commission in excess of those prescribed by this section.
(Amended by Stats. 2018, Ch. 462, Sec. 3. (SB 1018) Effective January 1, 2019.) 23003.
(a) This section applies to hybrid redistricting commissions and independent redistricting commissions.
(b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission, provided that the jurisdiction uses an application process open to all eligible residents and provided that the commissioners are not directly appointed by the legislative body or an elected official of the local jurisdiction.
(c) A person shall not be appointed to serve on the commission if the person or any family member of the person has been elected or appointed to, or been a candidate for, an elective office of the local jurisdiction in the eight years preceding the person’s application.
(d) A person shall not be appointed to serve on the commission if either of the following applies:
(1) The person or his or her spouse has done any of the following in the eight years preceding the person’s application:
(A) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction. (B) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee. (C) Served as a staff member or a consultant to, or who has contracted with, a currently serving elected officer of the local jurisdiction. (D) Been registered to lobby the local jurisdiction.
(E) Contributed five hundred dollars ($500) or more in a year to any candidate for an elective office of the local jurisdiction. The local jurisdiction may adjust this amount by the cumulative change in the California Consumer Price Index, or its successor, in every year ending in zero.
(2) A family member of the person, other than his or her spouse, has done any of the following in the four years preceding the person’s application:
(A) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction. (B) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee. (C) Served as a staff member of or consultant to, or has contracted with, a currently serving elected officer of the local jurisdiction. (D) Been registered to lobby the local jurisdiction.
(E) Contributed five hundred dollars ($500) or more in a year to any candidate for an elective office of the local jurisdiction. The local jurisdiction may adjust this amount by the cumulative change in the California Consumer Price Index, or its successor, in every year ending in zero.
(e) A member of the commission shall not do any of the following:
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(1) While serving on the commission, endorse, work for, volunteer for, or make a campaign contribution to, a candidate for an elective office of the local jurisdiction. (2) Be a candidate for an elective office of the local jurisdiction if any of the following is true:
(A) Less than five years has elapsed since the date of the member’s appointment to the commission.
(B) The election for that office will be conducted using district boundaries that were adopted by the commission on which the member served, and those district boundaries have not been subsequently readopted by a commission after the end of the member’s term on the commission.
(C) The election for that office will be conducted using district boundaries that were adopted by a legislative body pursuant to a recommendation by the commission on which the member served, and those district boundaries have not been subsequently readopted by a legislative body pursuant to a recommendation by a commission after the end of the member’s term on the commission. (3) For four years commencing with the date of his or her appointment to the commission:
(A) Accept employment as a staff member of, or consultant to, an elected official or candidate for elective office of the local jurisdiction. (B) Receive a noncompetitively bid contract with the local jurisdiction. (C) Register as a lobbyist for the local jurisdiction.
(4) For two years commencing with the date of his or her appointment to the commission, accept an appointment to an office of the local jurisdiction. (f) The commission shall not be comprised entirely of members who are registered to vote with the same political party preference.
(g) Each member of the commission shall be a designated employee in the conflict of interest code for the commission pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code.
(h) The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(i) The commission shall be subject to the same redistricting deadlines, requirements, and restrictions that would otherwise apply to a legislative body. A local jurisdiction may also impose additional requirements and restrictions on the commission, on members of the commission, or on applicants to the commission in excess of those prescribed by this section.
(j) The commission shall publish a map of the proposed new district boundaries and make that map available to the public for at least seven days before that map may be adopted. The commission shall hold at least three public hearings preceding the hearing at which the new boundaries are adopted.
(k) The commission shall not draw districts for the purpose of favoring or discriminating against a political party or an incumbent or political candidate. (l) District boundaries adopted by an independent redistricting commission or adopted by a legislative body from recommendations provided by a hybrid redistricting commission, shall not be altered by the legislative body or the commission until after the next federal decennial census occurs, unless those
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boundaries have been invalidated by a final judgment or order of a court of competent jurisdiction.
(m) For the purposes of subdivisions (c) and (d), “local jurisdiction” does not include a local jurisdiction that contracts with a county independent redistricting commission pursuant to Section 23004.
(Amended by Stats. 2018, Ch. 462, Sec. 4. (SB 1018) Effective January 1, 2019.) 23004.
A local jurisdiction, except for a county, may contract with a county in which the local jurisdiction is partially or wholly located that has established an independent redistricting commission to have that commission adopt the local jurisdiction’s election district boundaries. The county independent redistricting commission shall hold at least three public hearings in the local jurisdiction before adopting those boundaries.
(Added by Stats. 2018, Ch. 462, Sec. 5. (SB 1018) Effective January 1, 2019.)
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 1/14 SHARE THIS:Date Published: 10/09/2019 09:00 PM
AB-849 Elections: city and county redistricting.(2019-2020)
Assembly Bill No. 849
CHAPTER 557
An act to amend Sections 21500, 21501, 21506, 21507, 21600, 21601, 21606, and 21607 of, to add Sections 21500.1, 21507.1, 21508, 21509, 21605, 21607.1, 21608, 21609, 21622, 21623, 21625, 21626, 21627, 21627.1, 21628, and 21629 to, to repeal Sections 21502, 21504, and 21604 of, and to repeal and add Sections 21503, 21602, 21603, 21620, and 21621 of, the Elections Code, and to amend Sections 34874, 34877.5, 34884, and 34886 of the Government Code, relating to elections. [ Approved by Governor October 08, 2019. Filed with Secretary of State October 08, 2019. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 849, Bonta. Elections: city and county redistricting.
Existing law establishes criteria and procedures pursuant to which cities and counties adjust or adopt council and supervisorial district area boundaries, as applicable, for the purpose of electing members of the governing body of each of those local jurisdictions.
This bill would revise and recast these provisions. The bill would require the governing body of each local jurisdiction described above to adopt new district boundaries after each federal decennial census, except as specified. The bill would specify redistricting criteria and deadlines for the adoption of new boundaries by the governing body. The bill would specify hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary maps. The bill would require the governing body to take specified steps to encourage the residents of the local jurisdiction to participate in the redistricting process. By increasing the duties of these local jurisdictions, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
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ead~·
/ ~IVE INFORMATION
9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 2/14 SEC. 2. Section 21500 of the Elections Code is amended to read:
21500. (a) Following each federal decennial census, and using that census as a basis, the board shall adjust the boundaries of any or all of the supervisorial districts of the county so that the supervisorial districts shall be substantially equal in population as required by the United States Constitution. (1) Population equality shall be based on the total population of residents of the county as determined by that census.
(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted as part of a county’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the county, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available. (b) The board shall adopt supervisorial district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.). (c) The board shall adopt supervisorial district boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, supervisorial districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. (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 supervisorial district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) To the extent practicable, the geographic integrity of a city or census designated place shall be respected in a manner that minimizes its division.
(4) Supervisorial district boundaries should be easily identifiable and understandable by residents. To the extent practicable, supervisorial districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the county.
(5) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, supervisorial 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. (d) The board shall not adopt supervisorial district boundaries for the purpose of favoring or discriminating against a political party.
SEC. 3. Section 21500.1 is added to the Elections Code, to read:
21500.1. (a) This chapter applies only to counties electing members of the board of supervisors by districts or from districts.
(b) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
SEC. 4. Section 21501 of the Elections Code is amended to read:
21501. The boundaries of the supervisorial districts shall be adopted by the board no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the county’s next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before August 1.
SEC. 5. Section 21502 of the Elections Code is repealed.
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 3/14 SEC. 6. Section 21503 of the Elections Code is repealed.
SEC. 7. Section 21503 is added to the Elections Code, to read:
21503. (a) After redistricting or districting pursuant to Section 21500, a board shall not adopt new supervisorial district boundaries until after the next federal decennial census, except under the following circumstances:
(1) A court orders the board to redistrict.
(2) The board is settling a legal claim that its supervisorial district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter. (3) The boundaries of the county change by the addition or subtraction of territory. (b) This section does not prohibit a board from adopting supervisorial districts between federal decennial censuses if the board is adopting supervisorial districts for the first time, including when a board adopts supervisorial districts for the purpose of transitioning from electing its supervisors in at-large elections to elections by districts or from districts.
SEC. 8. Section 21504 of the Elections Code is repealed.
SEC. 9. Section 21506 of the Elections Code is amended to read:
21506. (a) The term of office of any supervisor who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the supervisor was elected. (b) At the first election for county supervisors in each county following adoption of the boundaries of supervisorial districts, a supervisor shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire. (c) A change in the boundaries of a supervisorial district shall not be made between the direct primary election and the general election.
(d) The successor to the office of supervisor in a supervisorial district for which the district boundaries have been changed shall be a resident and voter of that supervisorial district.
SEC. 10. Section 21507 of the Elections Code is amended to read:
21507. Before adjusting the boundaries of a district pursuant to Section 21501 or 21503, or for any other reason, the board shall hold public hearings on the proposal in accordance with Section 21507.1. This section does not apply when a county transitions from at-large to district-based elections.
SEC. 11. Section 21507.1 is added to the Elections Code, to read:
21507.1. (a) Before adopting a final map, the board shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more supervisorial districts. (1) At least one public hearing shall be held before the board draws a draft map or maps of the proposed supervisorial district boundaries.
(2) At least two public hearings shall be held after the board has drawn a draft map or maps of the proposed supervisorial district boundaries.
(b) At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(c) Public hearing buildings shall be accessible to persons with disabilities. (d) If a public hearing is consolidated with a regular or special meeting of the board that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the board may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. The time of the public hearing shall be noticed to the public.
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 4/14 (e) The board may have county staff or a consultant conduct one or more public workshops in lieu of holding one of the public hearings required by paragraph (1) of subdivision (a). (f ) The board may establish an advisory redistricting commission pursuant to Section 23002 to hold the public hearings required by paragraph (1) of subdivision (a).
SEC. 12. Section 21508 is added to the Elections Code, to read:
21508. (a) The board shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. A good faith effort satisfies the requirements of this subdivision. These steps shall include the following:
(1) Providing information to media organizations that provide county news coverage, including media organizations that serve language minority communities. (2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the county, including those active in language minority communities, or that have requested to be notified concerning county redistricting. (b) The board shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this chapter if a request for translation is made at least 72 hours before the hearing or workshop, unless less than five days’ notice are provided for the hearing or workshop, in which case the request shall be made at least 48 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the board shall publish the date, time, and location for any public hearing or workshop on the internet at least five days before the hearing or workshop.
However, if there are fewer than 179 days until the county’s next regular election, the board may publish the agenda on the internet for at least three days before the hearing or workshop. (d) (1) A draft map shall be published on the internet for at least seven days before being adopted as a final map by the board provided that, if there are fewer than 179 days until the county’s next regular election, the draft map may instead be published on the internet for at least three days. (2) Each draft map prepared by a member of the board or by employees of the county shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed supervisorial district, to the extent the county has that data. (e) The board shall allow the public to submit testimony or draft maps in writing and electronically. (f ) The county shall either record or prepare a written summary of each public comment and board deliberation made at every public hearing or workshop held pursuant to this article. The county shall make the recording or written summary available to the public within two weeks after the public hearing or workshop. (g) The board shall establish, and maintain for at least 10 years after the adoption of new supervisorial district boundaries, an internet web page dedicated to redistricting. The web page may be hosted on the county’s existing internet website or another internet website maintained by the county. The web page shall include, or link to, all of the following information:
(1) A general explanation of the redistricting process for the county, in English and applicable languages. (2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the board, in English and applicable languages. (3) A calendar of all public hearing and workshop dates. A calendar listing that includes the time and location of the public hearing or workshop meets the notice required by subdivision (c). (4) The notice and agenda for each public hearing and workshop. (5) The audio or audiovisual recording and adopted minutes of each public hearing. (6) Each draft map considered by the board at a public hearing. (7) The adopted final map of supervisorial district boundaries.
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 5/14 (h) For purposes of this section, “applicable language” means any language in which ballots are required to be provided in the county pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). (i) This section does not apply when a county transitions from at-large to district-based elections. (j) The Secretary of State shall publish on the internet a template explaining the county redistricting process that meets the requirements of paragraphs (1) and (2), inclusive, of subdivision (g). The Secretary of State shall publish the template in all of the languages into which ballots are required to be translated in the state pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). The template shall be published in a conspicuous location on the Secretary of State’s internet website.
SEC. 13. Section 21509 is added to the Elections Code, to read:
21509. (a) If the board does not adopt supervisorial district boundaries by the deadlines set forth in Section 21501, the board shall immediately petition the superior court of the county for an order adopting supervisorial district boundaries. If the board does not petition the superior court within five days after the deadline, any resident of the county may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the county for doing so.
(b) (1) Upon finding that a petition filed pursuant to subdivision (a) is valid, the superior court shall adopt supervisorial district boundaries in accordance with the criteria set forth in Section 21500, which shall be used in the county’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new supervisorial district boundaries in the next regular election. (2) The superior court may appoint a special master to assist the court with adopting the supervisorial district boundaries. The county shall pay the cost for the special master and associated costs. (3) The superior court or the special master shall hold one or more public hearings before the superior court adopts the supervisorial district boundaries.
(4) Subject to the approval of the superior court, the special master may employ redistricting experts or other consultants or counsel, independent experts in the field of redistricting and computer technology, and other necessary personnel to assist them in their work. In addition, the special master may seek the full cooperation of the county in producing and using whatever data, computer models and programs, and technical assistance that was made available to the board and county personnel who are knowledgeable in the mechanics of drafting redistricting legislation. The superior court may assist the special master in securing the necessary personnel and the physical facilities required for their work, and to prepare for the prompt submission to the county of a request for county funding for the necessary expenses of the special master and the special master’s staff. (5) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the board.
SEC. 14. Section 21600 of the Elections Code is amended to read:
21600. (a) This article applies only to general law cities electing members of the legislative body by districts or from districts, as defined in Section 34871 of the Government Code. (b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
SEC. 15. Section 21601 of the Elections Code is amended to read:
21601. (a) Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for any or all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution. (1) Population equality shall be based on the total population of residents of the city as determined by that census.
(2) Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted as part of a city’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the city, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available.
1.b
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 6/14 (b) The council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.). (c) The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(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 the city.
(4) 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.
(d) The council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.
SEC. 16. Section 21602 of the Elections Code is repealed.
SEC. 17. Section 21602 is added to the Elections Code, to read:
21602. The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but not later than 151 days before the city’s next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.
SEC. 18. Section 21603 of the Elections Code is repealed.
SEC. 19. Section 21603 is added to the Elections Code, to read:
21603. (a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries. (b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:
(1) There are more than four years until the council is next required to redistrict pursuant to Section 21601. (2) The population of the new territory being annexed or consolidated is greater than 25 percent of the city’s population, as determined by the most recent federal decennial census.
SEC. 20. Section 21604 of the Elections Code is repealed.
SEC. 21. Section 21605 is added to the Elections Code, to read:
21605. (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:
(1) A court orders the council to redistrict.
1.b
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 7/14 (2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article. (3) The boundaries of the city expand by the addition of new territory pursuant to Section 21603. (b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
SEC. 22. Section 21606 of the Elections Code is amended to read:
21606. (a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the council member was elected.
(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire.
(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
SEC. 23. Section 21607 of the Elections Code is amended to read:
21607. Before adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, or for any other reason, the council shall hold public hearings on the proposal in accordance with Section 21607.1. This section does not apply when a city transitions from at-large to district-based elections.
SEC. 24. Section 21607.1 is added to the Elections Code, to read:
21607.1. (a) Before adopting a final map, the council shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more council districts. (1) At least one public hearing shall be held before the council draws a draft map or maps of the proposed council boundaries.
(2) At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed council boundaries.
(b) At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(c) Public hearing buildings shall be accessible to persons with disabilities. (d) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the council may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. The time of the public hearing shall be noticed to the public. (e) The council may have city staff or a consultant conduct one or more public workshops in lieu of holding one of the public hearings required by paragraph (1) of subdivision (a). (f ) The council may establish an advisory redistricting commission pursuant to Section 23002 to hold the public hearings required by paragraph (1) of subdivision (a).
SEC. 25. Section 21608 is added to the Elections Code, to read:
21608. (a) The council shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. A good faith effort satisfies the requirements of this subdivision. These steps shall include the following:
1.b
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 8/14 (1) Providing information to media organizations that provide city news coverage, including media organizations that serve language minority communities.
(2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting. (b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language if a request for translation is made at least 72 hours before the hearing or workshop, unless less than five days’ notice are provided for the hearing or workshop, in which case the request shall be made at least 48 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the council shall publish the date, time, and location for any public hearing or workshop on the internet at least five days before the hearing or workshop.
However, if there are fewer than 179 days until the city’s next regular election, the council may publish the agenda on the internet for at least three days before the hearing or workshop. (d) (1) A draft map shall be published on the internet for at least seven days before being adopted as a final map by the council provided that, if there are fewer than 179 days until the city’s next regular election, the draft map may instead be published on the internet for at least three days. (2) Each draft map prepared by a member of the council or by employees of the city shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed council district, to the extent the city has that data. (e) The council shall allow the public to submit testimony or draft maps in writing and electronically. (f ) The city shall either record or prepare a written summary of each public comment and council deliberation made at every public hearing or workshop held pursuant to this article. The city shall make the recording or written summary available to the public within two weeks after the public hearing or workshop. (g) The council shall establish, and maintain for at least 10 years after the adoption of new council district boundaries, an internet web page dedicated to redistricting. The web page may be hosted on the city’s existing internet website or another internet website maintained by the city. The web page shall include, or link to, all of the following information:
(1) A general explanation of the redistricting process for the city in English and any applicable language. (2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the council in English and any applicable language. (3) A calendar of all public hearing and workshop dates. A calendar listing that includes the time and location of the public hearing or workshop satisfies the notice required by subdivision (c). (4) The notice and agenda for each public hearing and workshop. (5) The recording or written summary of each public hearing and workshop. (6) Each draft map considered by the council at a public hearing. (7) The adopted final map of council district boundaries. (h) For purposes of this section, “applicable language” means any language that is spoken by a group of city residents with limited English proficiency who constitute 3 percent or more of the city’s total population over four years of age for whom language can be determined. Before January 1, 2021, and before January 1 in every year ending in the number one thereafter, the Secretary of State shall post the applicable languages for each city in a conspicuous location on the Secretary of State’s internet website. To determine the applicable languages for each city, in 2020 and in each year ending in the number zero thereafter, the Secretary of State, in consultation with the Statewide Database, shall request a special tabulation from the United States Bureau of the Census of the most recent data on limited English proficiency from the bureau’s American Community Survey that satisfies this subdivision. If the bureau is unable to produce that data, the Secretary of State shall base the Secretary of State’s determination on the table from the American Community Survey enumerating the number of residents with limited English proficiency that has the largest number of languages included, that is publicly available, and that was produced within the previous ten years.
1.b
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 9/14 (i) This section does not apply when a city transitions from at-large to district-based elections. (j) Before January 1, 2021, and before January in each year ending in the number one thereafter, the Secretary of State shall publish on the internet a template explaining the city redistricting process that meets the requirements of paragraphs (1) and (2), inclusive, of subdivision (g). The Secretary of State shall publish the template in all of the languages into which ballots are required to be translated in the state pursuant to subdivision (h). The template shall be published in the same conspicuous location on the Secretary of State’s internet website that is described in subdivision (h).
SEC. 26. Section 21609 is added to the Elections Code, to read:
21609. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602 or subdivision (a) or (b) of Section 21604, the council shall immediately petition the superior court in the county in which the city is located for an order adopting council district boundaries. If the council does not petition the superior court within five days after the deadline, any resident of the city may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the city for doing so. (b) (1) Upon finding that a petition filed pursuant to this subdivision is valid, the superior court shall adopt council district boundaries in accordance with the criteria set forth in Section 21601, which shall be used in the city’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new council district boundaries in the next regular election. (2) The superior court may appoint a special master to assist the court with adopting the council district boundaries. The city shall pay the cost for the special master and associated costs. (3) The superior court or the special master shall hold one or more public hearings before the superior court adopts the council district boundaries.
(4) Subject to the approval of the superior court, the special master may employ redistricting experts or other consultants or counsel, independent experts in the field of redistricting and computer technology, and other necessary personnel to assist them in their work. In addition, the special master may seek the full cooperation of the city in producing and using whatever data, computer models and programs, and technical assistance that was made available to the council and city personnel who are knowledgeable in the mechanics of drafting redistricting legislation. The superior court may assist the special master in securing the necessary personnel and the physical facilities required for their work, and to prepare for the prompt submission to the city of a request for city funding for the necessary expenses of the special master and the special master’s staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the city council.
SEC. 27. Section 21620 of the Elections Code is repealed.
SEC. 28. Section 21620 is added to the Elections Code, to read:
21620. (a) This article applies to charter cities that elect members of the charter city’s legislative body by districts or from districts, as defined in Section 34871 of the Government Code. (b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
SEC. 29. Section 21621 of the Elections Code is repealed.
SEC. 30. Section 21621 is added to the Elections Code, to read:
21621. (a) Following each federal decennial census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution. (1) Population equality shall be based on the total population of residents of the city as determined by the census.
(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a city’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the city, if information about the last known place of residence for incarcerated
1.b
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 10/14 persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available. (b) The council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.). (c) The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(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 the city.
(4) 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.
(d) The council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.
SEC. 31. Section 21622 is added to the Elections Code, to read:
21622. (a) The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the city’s next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this subdivision does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1. (b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter before October 1, 2021, and October 1 of each year ending in the number one thereafter.
SEC. 32. Section 21623 is added to the Elections Code, to read:
21623. (a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries. (b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district if both of the following conditions are met:
(1) There are more than four years until the council is next required to redistrict pursuant to Section 21621. (2) The population of the new territory being annexed or consolidated is greater than 25 percent of the city’s population as determined by the most recent federal decennial census. (c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.
SEC. 33. Section 21625 is added to the Elections Code, to read:
21625. (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:
1.b
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 11/14 (1) A court orders the council to redistrict.
(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article. (3) The boundaries of the city expand by the addition of new territory pursuant to Section 21623. (b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.
SEC. 34. Section 21626 is added to the Elections Code, to read:
21626. (a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the council member was elected.
(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire.
(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
SEC. 35. Section 21627 is added to the Elections Code, to read:
21627. Before adopting the boundaries of a council district pursuant to Section 21621, 21623, or 21624, or for any other reason, the council shall hold public hearings on the proposal, in accordance with Section 21627.1.
This section does not apply when a city transitions from at-large to district-based elections.
SEC. 36. Section 21627.1 is added to the Elections Code, to read:
21627.1. (a) Before adopting a final map, the council shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more council districts. (1) At least one public hearing shall be held before the council draws a draft map or maps of the proposed council boundaries.
(2) At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed council boundaries.
(b) At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(c) Public hearing buildings shall be accessible to persons with disabilities. (d) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the council may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. The time of the public hearing shall be noticed to the public. (e) The council may have city staff or a consultant conduct one or more public workshops in lieu of holding one of the public hearings required by paragraph (1) of subdivision (a). (f ) The council may establish an advisory redistricting commission pursuant to Section 23002 to hold the public hearings required by paragraph (1) of subdivision (a).
SEC. 37. Section 21628 is added to the Elections Code, to read:
1.b
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 12/14 21628. (a) The council shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps shall include a good faith effort to do all of the following:
(1) Providing information to media organizations that provide city news coverage, including media organizations that serve language minority communities.
(2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting. (b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language if a request for translation is made at least 72 hours before the hearing or workshop, unless less than five days’ notice are provided for the hearing or workshop, in which case the request shall be made at least 48 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the council shall publish the date, time, and location for any public hearing or workshop on the internet at least five days before the hearing or workshop.
However, if there are fewer than 179 days until the city’s next regular election, the council may publish the agenda on the internet for at least three days before the hearing or workshop. (d) (1) A draft map shall be published on the internet for at least seven days before being adopted as a final map by the council provided that, if there are fewer than 179 days until the city’s next regular election, the draft map may instead be published on the internet for at least three days. (2) Each draft map prepared by a member of the council or by employees of the city shall be accompanied with information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed council district, to the extent the city has that data. (e) The council shall allow the public to submit testimony or draft maps in writing and electronically. (f ) The city shall either record or prepare a written summary of each public comment and council deliberation made at every public hearing or workshop held pursuant to this article. The city shall make the recording or written summary available to the public within two weeks after the public hearing or workshop. (g) The council shall establish, and maintain for at least 10 years after the adoption of new council district boundaries, an internet web page dedicated to redistricting. The web page may be hosted on the city’s existing internet website or another internet website maintained by the city. The web page shall include, or link to, all of the following information:
(1) A general explanation of the redistricting process for the city in English and any applicable language. (2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the council in English and any applicable language. (3) A calendar of all public hearing and workshop dates. A calendar listing that includes the time and location of the public hearing or workshop satisfies the notice required by subdivision (c). (4) The notice and agenda for each public hearing and workshop. (5) The recording or written summary of each public hearing and workshop. (6) Each draft map considered by the council at a public hearing. (7) The adopted final map of council district boundaries. (h) For purposes of this section, “applicable language” means any language that is spoken by a group of city residents with limited English proficiency who constitute 3 percent or more of the city’s total population over four years of age for whom language can be determined. Before January 1, 2021, and before January 1 in every year ending in the number one thereafter, the Secretary of State shall post the applicable languages for each city in a conspicuous location on the Secretary of State’s internet website. To determine the applicable languages for each city, in 2020 and in each year ending in the number zero thereafter, the Secretary of State, in consultation with the Statewide Database, shall request a special tabulation from the United States Bureau of the Census of the most recent data on limited English proficiency from the bureau’s American Community Survey that satisfies this subdivision. If the bureau is unable to produce that data, the Secretary of State shall base the Secretary of
1.b
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 13/14 State’s determination on the table from the American Community Survey enumerating the number of residents with limited English proficiency that has the largest number of languages included, that is publicly available, and that was produced within the previous ten years.
(i) This section does not apply when a city transitions from at-large to district-based elections. (j) Before January 1, 2021, and before January in each year ending in the number one thereafter, the Secretary of State shall publish on the internet a template explaining the city redistricting process that meets the requirements of paragraphs (1) and (2), inclusive, of subdivision (g). The Secretary of State shall publish the template in all of the languages into which ballots are required to be translated in the state pursuant to subdivision (h). The template shall be published in the same conspicuous location on the Secretary of State’s internet website that is described in subdivision (h).
SEC. 38. Section 21629 is added to the Elections Code, to read:
21629. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622 or subdivision (a) or (b) of Section 21624, the council shall immediately petition the superior court in the county in which the city is located for an order adopting council district boundaries. If the council does not petition the superior court within five days after the deadline, any resident of the city may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the city for doing so. (b) (1) Upon finding that a petition filed pursuant to this subdivision is valid, the superior court shall adopt council district boundaries in accordance with the criteria set forth in Section 21621, which shall be used in the city’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new council district boundaries in the next regular election. (2) The superior court may appoint a special master to assist the court with adopting the council district boundaries. The city shall pay the cost for the special master and associated costs. (3) The superior court or the special master shall hold one or more public hearings before the superior court adopts the council district boundaries.
(4) Subject to the approval of the superior court, the special master may employ redistricting experts or other consultants or counsel, independent experts in the field of redistricting and computer technology, and other necessary personnel to assist them in their work. In addition, the special master may seek the full cooperation of the city in producing and using whatever data, computer models and programs, and technical assistance that was made available to the council and city personnel who are knowledgeable in the mechanics of drafting redistricting legislation. The superior court may assist the special master in securing the necessary personnel and the physical facilities required for their work, and to prepare for the prompt submission to the city of a request for city funding for the necessary expenses of the special master and the special master’s staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the city council. (c) This section does not apply to a charter city that has adopted in its city charter a different method for adopting city council district boundaries when a redistricting deadline is missed.
SEC. 39. Section 34874 of the Government Code is amended to read:
34874. (a) An amendatory ordinance altering the boundaries of the legislative districts established pursuant to this article shall not be submitted to the registered voters until the ordinance has been submitted to the planning commission of the city or, in absence of a planning commission, to the legislative body of said city for an examination as to the definiteness and certainty of the boundaries of the legislative districts proposed. (b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.
SEC. 40. Section 34877.5 of the Government Code is amended to read:
34877.5. (a) After an ordinance is passed by the voters pursuant to Section 34876.5, or after an ordinance is enacted by the legislative body pursuant to Section 34886, the legislative body shall prepare a proposed map that describes the boundaries and numbers of the districts for the legislative body. In preparing the proposed
1.b
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9/23/21, 11:45 AM Bill Text - AB-849 Elections: city and county redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB849 14/14 map, the legislative body shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable, and shall seek public input, including accepting proposed maps submitted by the public.
(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 or 21627 of the Elections Code, as applicable.
SEC. 41. Section 34884 of the Government Code is amended to read:
34884. (a) If, at the time a vote is held on the subject of incorporation of a new city, a majority of the votes cast is for incorporation and, if, in accordance with Section 57116, a majority of the votes cast on the question of whether members of the city council in future elections are to be elected by district or at large is in favor of election by district, all of the following procedures apply:
(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.
(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.
(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years. (b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.
SEC. 42. Section 34886 of the Government Code is amended to read:
34886. Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).
SEC. 43. The district boundary criteria specified in this act apply to supervisorial and council district boundaries that are adopted or readopted on or after January 1, 2020. Supervisorial and council district boundaries adopted before January 1, 2020, shall comply with the applicable district boundary criteria in effect at the time of their adoption.
SEC. 44. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 1/17 SHARE THIS:Date Published: 09/21/2020 02:00 PM
AB-1276 Local redistricting.(2019-2020)
Assembly Bill No. 1276
CHAPTER 90
An act to amend Sections 21500, 21500.1, 21501, 21506, 21507, 21508, 21534, 21552, 21600, 21601, 21602, 21605, 21606, 21607, 21608, 21609, 21620, 21621, 21622, 21623, 21625, 21626, 21627, 21627.1, 21628, 21629, and 23000 of, and to add Section 21630 to, the Elections Code, relating to elections.
[ Approved by Governor September 18, 2020. Filed with Secretary of State September 18, 2020. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 1276, Bonta. Local redistricting.
(1) Existing law establishes procedures and criteria pursuant to which counties, general law cities, and charter cities adopt supervisorial and council district boundaries for the purpose of electing members of a county’s board of supervisors or a city’s council.
This bill would make technical, clarifying, and conforming changes to make these provisions consistent in their application to those jurisdictions.
(2) Under the redistricting procedures described above, existing law requires those jurisdictions to adopt the boundaries of districts no earlier than August 1 in each year ending in the number 1, but not later than 151 days before the jurisdiction’s next regular election occurring in March in each year ending in the number 2. Existing law requires the board of supervisors or the council to publish the date, time, and location of a public hearing or workshop on redistricting, or a draft map pending adoption as a final map, on the internet at least 3 days in advance if the hearing or workshop is held, or the draft map will be adopted as a final map, within 179 days of the jurisdiction’s next regular election. Existing law requires the Citizens Redistricting Commission and the Legislature to coordinate efforts to make publicly available a computerized database which contains data necessary for redistricting. Existing law authorizes a candidate for elective office in a county or charter city to submit a petition containing signatures of a specified number of registered voters in lieu of a filing fee, and requires an elections official to make forms for securing signatures available commencing 60 days before the first day for circulating nomination papers, except as specified.
This bill would, for redistricting occurring in 2031 and thereafter, instead require district boundaries to be adopted no later than 205 days before the jurisdiction’s next regular election occurring after January 1 in each year ending in the number 2. For redistricting occurring before 2031, the bill would require boundaries to be adopted not later than 174 days before the next regular election if the election is held after January 1, 2022, and before July 1, 2022, and not later than 205 days before the next regular election if the election is held on or after July 1, 2022. For redistricting in counties and charter cities to which the 174 day deadline applies, the bill would prohibit forms for securing signatures in lieu of a filing fee from being made available until at least 28 days after Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
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/ ~IVE INFORMATION
9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 2/17 the adoption of a final map, and would require an elections official in a county or charter city to reduce the number of signatures required, as specified, if that prohibition reduces the amount of time in which a candidate can collect signatures before the first day for circulating nomination papers. The bill would instead require the board of supervisors or council to publish the date, time, and location of a hearing or workshop on the internet at least 3 days in advance if the hearing or workshop is held within 28 days of the deadline for the jurisdiction to adopt district boundaries. The bill would prohibit a board of supervisors or council, or their contractors, from releasing draft maps of districts earlier than 3 weeks after the database described above is made publicly available, unless the database is made available less than 90 days before the deadline to adopt a map, in which case the 3 week period would be shortened or waived, as specified. (4) Existing law establishes the Citizens Redistricting Commission in the County of Los Angeles and the Independent Redistricting Commission in the County of San Diego for the purpose of adjusting the boundaries of supervisorial districts of the boards of supervisors in those counties. Existing law requires each of the supervisorial districts in the jurisdiction of one of those commissions to have a reasonably equal population with other districts in the same jurisdiction, except as specified. Existing law requires each of those commissions to adopt a redistricting plan adjusting the boundaries of supervisorial districts and to file the plan with specified county officials before August 15 of the year following the year in which each federal decennial census is taken.
Existing law requires the commissions to conduct public hearings before drawing a map that proposes redistricting. Existing law provides that a redistricting plan is not effective until 30 days after it is filed.
This bill would require the measure of population equality for supervisorial districts in those counties to be based on the total population of residents of the respective county as determined by the most recent federal decennial census for which specified redistricting data is available, and would prohibit an incarcerated person from being counted as part of a county’s population, unless specified redistricting data shows that the incarcerated person’s last known place of residence may be assigned to the county. The bill would instead require each of those commissions to file their redistricting plans pursuant to the deadlines for adopting district boundaries described above that are applicable to counties. The bill would also apply to those commissions the provisions described above that prohibit counties or their contractors from releasing draft maps within certain time periods following the date on which redistricting data becomes publicly available. The bill would authorize the commissions to change the location of a hearing, including the use of virtual hearings that permit remote access and participation, if a public health order that prohibits large gatherings is in place, subject to specified requirements.
The bill would repeal the provisions described above delaying the effective date of a redistricting plan. (5) The California Constitution authorizes a city to adopt a charter by a majority vote of its electors, and authorizes a charter city to make and enforce all ordinances and regulations in respect to municipal affairs. The California Constitution provides that it shall be competent in a city charter to provide for the manner in which, the method by which, the times at which, and the terms for which municipal officers and employees shall be elected or appointed. Existing law establishes criteria pursuant to which charter cities adjust or adopt council district area boundaries, as applicable, for the purpose of electing members of the city council. These criteria encourage council districts to be geographically contiguous and compact, to respect the geographic integrity of communities of interest, as defined, and to have easily identifiable and understandable boundaries.
This bill would provide that these criteria do not apply to a charter city that has adopted comprehensive or exclusive redistricting criteria, as defined, in its city charter. The bill would clarify that if a council assigns the power to adopt new district boundaries to an advisory, hybrid, or independent redistricting commission, the charter city remains subject to the same redistricting deadlines, requirements, and restrictions that are applicable to the council.
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21500 of the Elections Code is amended to read:
21500. (a) Following a county’s decision to elect its board using district-based elections, or following each federal decennial census for a county whose board is already elected using district-based elections, the board shall adopt boundaries for all of the supervisorial districts of the county so that the supervisorial districts shall be substantially equal in population as required by the United States Constitution. (1) Population equality shall be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are
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(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a county’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the county, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available. (b) The board shall adopt supervisorial district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.). (c) The board shall adopt supervisorial district boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, supervisorial districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. (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 supervisorial district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) To the extent practicable, the geographic integrity of a city or census designated place shall be respected in a manner that minimizes its division.
(4) Supervisorial district boundaries should be easily identifiable and understandable by residents. To the extent practicable, supervisorial districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the county.
(5) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, supervisorial 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. (d) The board shall not adopt supervisorial district boundaries for the purpose of favoring or discriminating against a political party.
SEC. 2. Section 21500.1 of the Elections Code is amended to read:
21500.1. (a) This chapter applies to a county that elects members of the county’s board of supervisors by districts or from districts.
(b) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
SEC. 3. Section 21501 of the Elections Code is amended to read:
21501. (a) (1) For redistricting occurring in 2031 and thereafter, the boundaries of the supervisorial districts shall be adopted by the board not later than 205 days before the county’s next regular election occurring after January 1 in each year ending in the number two.
(2) For redistricting occurring before 2031 and where a county has a regular election occurring after January 1, 2022, and before July 1, 2022, the boundaries of the supervisorial districts shall be adopted by the board not later than 174 days before that election. Notwithstanding subdivision (b) of Section 8106, the forms required under that subdivision shall not be made available until at least 28 days after the adoption of a final map. The elections official shall reduce the required number of signatures for the in-lieu-filing-fee petition, as specified in subdivision (a) of Section 8106, by the same proportion as the reduction in time for the candidate to collect signatures.
(3) For redistricting occurring before 2031 and where a county does not have a regular election occurring after January 1, 2022 and before July 1, 2022, the boundaries of the supervisorial districts shall be adopted by the board not later than 205 days before the county’s next regular election occurring on or after July 1, 2022.
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 4/17 (b) This section does not apply when a county transitions from at-large to district-based elections.
SEC. 4. Section 21506 of the Elections Code is amended to read:
21506. (a) The term of office of any supervisor who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the supervisor was elected. (b) At the first election for county supervisors in each county following adoption of the boundaries of supervisorial districts, excluding a special election to fill a vacancy or a recall election, a supervisor shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire. This subdivision does not apply when a county transitions from at-large to district-based elections.
(c) For a county employing both a primary and a general election, a change in the boundaries of a supervisorial district shall not be made between the direct primary election and the general election. (d) Except as provided in subdivision (a), a person is not eligible to hold office as a member of a board of supervisors unless that person meets the requirements of Section 201 of the Elections Code and Section 24001 of the Government Code.
SEC. 5. Section 21507 of the Elections Code is amended to read:
21507. Before adopting the boundaries of a district pursuant to Section 21501 or 21503, or for any other reason, the board shall hold public hearings on the proposal in accordance with Section 21507.1. This section does not apply when a county transitions from at-large to district-based elections.
SEC. 6. Section 21508 of the Elections Code is amended to read:
21508. (a) The board shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps shall include a good faith effort to do all of the following:
(1) Providing information to media organizations that provide county news coverage, including media organizations that serve language minority communities. (2) Providing information through good government, civil rights, civic engagement, and community groups or organizations that are active in the county, including those active in language minority communities, and those that have requested to be notified concerning county redistricting. (b) The board shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this chapter if a request for translation is made at least 72 hours before the hearing or workshop, unless less than five days’ notice are provided for the hearing or workshop, in which case the request shall be made at least 48 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the board shall publish the date, time, and location for any public hearing or workshop on the internet at least five days before the hearing or workshop.
However, if there are fewer than 28 days until the deadline to adopt boundaries, the board may publish the agenda on the internet for at least three days before the hearing or workshop. (d) (1) A draft map shall be published on the internet for at least seven days before being adopted as a final map by the board provided that, if there are fewer than 28 days until the deadline to adopt boundaries, the draft map may instead be published on the internet for at least three days. (2) Each draft map prepared by a member of the board or by employees or contractors of the county shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed supervisorial district, to the extent the county has that data.
(3) (A) The board and employees or contractors of the county shall not release draft maps of supervisorial districts earlier than three weeks after the block-level redistricting database required by subdivision (b) of Section 8253 of the Government Code is first made publicly available. This subparagraph does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before the earliest date that draft maps of supervisorial districts may be released.
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 5/17 (B) If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 90 days and more than 59 days, then the waiting period required by subparagraph (A) is reduced to one week. If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 60 days, then the waiting period required by subparagraph (A) is waived.
(e) The board shall allow the public to submit testimony or draft maps in writing and electronically. (f ) The county shall either record or prepare a written summary of each public comment and board deliberation made at every public hearing or workshop held pursuant to this article. The county shall make the recording or written summary available to the public within two weeks after the public hearing or workshop. (g) The board shall establish, and maintain for at least 10 years after the adoption of new supervisorial district boundaries, an internet web page dedicated to redistricting. The web page may be hosted on the county’s existing internet website or another internet website maintained by the county. The web page shall include, or link to, all of the following information:
(1) A general explanation of the redistricting process for the county, in English and applicable languages. (2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the board, in English and applicable languages. (3) A calendar of all public hearing and workshop dates. A calendar listing that includes the time and location of the public hearing or workshop satisfies the notice required by subdivision (c). (4) The notice and agenda for each public hearing and workshop. (5) The recording or written summary of each public hearing and workshop. (6) Each draft map considered by the board at a public hearing. (7) The adopted final map of supervisorial district boundaries. (h) For purposes of this section, “applicable language” means any language in which ballots are required to be provided in the county pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). (i) This section does not apply when a county transitions from at-large to district-based elections. (j) Before January 1, 2021, and before January in each year ending in the number one thereafter, the Secretary of State shall publish on the internet a template explaining the county redistricting process that meets the requirements of paragraphs (1) and (2), inclusive, of subdivision (g). The Secretary of State shall publish the template in all of the languages into which ballots are required to be translated in the state pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). The template shall be published in a conspicuous location on the Secretary of State’s internet website.
SEC. 7. Section 21534 of the Elections Code is amended to read:
21534. (a) The commission shall establish single-member supervisorial districts for the board pursuant to a mapping process using the following criteria as set forth in the following order of priority:
(1) (A) Districts shall comply with the United States Constitution and each district shall have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or allowable by law. (B) Population equality shall be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available.
(C) Notwithstanding subparagraph (B), an incarcerated person, as that term is used in Section 21003, shall not be counted towards the county’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the county, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available.
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 6/17 (2) Districts shall comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (3) Districts shall be geographically contiguous.
(4) The geographic integrity of any city, local neighborhood, or local community of interest shall be respected in a manner that minimizes its division to the extent possible without violating the requirements of paragraphs (1) to (3), inclusive. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation.
Communities of interest shall not include relationships with political parties, incumbents, or political candidates. (5) To the extent practicable, and where this does not conflict with paragraphs (1) to (4), inclusive, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population.
(b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party.
(c) (1) The commission shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (2) (A) Before the commission draws a map, the commission shall conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. (B) In the event any state or local health order prohibits large gatherings, the commission may modify the location of the hearings, including use of virtual hearings that use technology to permit remote viewing and participation, to the extent required to comply with public health requirements. If the commission modifies the location of a hearing, it shall provide opportunities to view and listen to proceedings by video, to listen to proceedings by phone, and to provide public comment by phone and in writing with no limitation on the number of commenters. The commission shall, to the greatest extent practicable, provide an opportunity for in-person participation for at least one hearing in each supervisorial district. Methods for providing in-person participation may include, but are not limited to, setting up multiple rooms with audiovisual connections to the hearing, allowing community members to make appointments to make public comment, providing personal protective equipment, or holding hearings in outdoor spaces.
(3) After the commission draws a draft map, the commission shall do both of the following:
(A) Post the map for public comment on the internet website of the County of Los Angeles. (B) Conduct at least two public hearings to take place over a period of no fewer than 30 days. (4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. (B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map. (5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this chapter in an applicable language if a request for translation is made at least 24 hours before the hearing. (B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the County of Los Angeles who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county. (6) The commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include:
(A) Providing information through media, social media, and public service announcements. (B) Coordinating with community organizations.
(C) Posting information on the internet website of the County of Los Angeles that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 7/17 submitting written testimony directly to the commission. (7) The board shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members. (8) The board shall provide reasonable funding and staffing for the commission. (9) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records.
(d) (1) The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts and shall file the plan with the county elections official by the map adoption deadline set forth in subdivision (a) of Section 21501. The commission shall not release a draft map before the date set forth in paragraph (3) of subdivision (d) of Section 21508.
(2) The plan shall be subject to referendum in the same manner as ordinances. (3) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivisions (a) and (b).
SEC. 8. Section 21552 of the Elections Code is amended to read:
21552. (a) The commission shall establish single-member supervisorial districts for the board pursuant to a mapping process using the following criteria as set forth in the following order of priority:
(1) (A) Districts shall comply with the United States Constitution and each district shall have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or is allowable by law. (B) Population equality shall be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available.
(C) Notwithstanding subparagraph (B), an incarcerated person, as that term is used in Section 21003, shall not be counted towards the county’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the county, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available.
(2) Districts shall comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (3) Districts shall be geographically contiguous.
(4) The geographic integrity of any city, local neighborhood, or local community of interest shall be respected in a manner that minimizes its division to the extent possible without violating the requirements of paragraphs (1) to (3), inclusive. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation.
Communities of interest shall not include relationships with political parties, incumbents, or political candidates. (5) To the extent practicable, and where it does not conflict with paragraphs (1) to (4), inclusive, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population.
(b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party.
(c) (1) The commission shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (2) (A) Before the commission draws a map, the commission shall conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district.
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 8/17 (B) In the event any state or local health order prohibits large gatherings, the commission may modify the location of the hearings, including use of virtual hearings that use technology to permit remote viewing and participation, to the extent required to comply with public health requirements. If the commission modifies the location of a hearing, it shall provide opportunities to view and listen to proceedings by video, to listen to proceedings by phone, and to provide public comment by phone and in writing with no limitation on the number of commenters. The commission shall, to the greatest extent practicable, provide an opportunity for in-person participation for at least one hearing in each supervisorial district. Methods for providing in-person participation may include, but are not limited to, setting up multiple rooms with audiovisual connections to the hearing, allowing community members to make appointments to make public comment, providing personal protective equipment, or holding hearings in outdoor spaces.
(3) After the commission draws a draft map, the commission shall do both of the following:
(A) Post the map for public comment on the internet website of the County of San Diego. (B) Conduct at least two public hearings to take place over a period of no fewer than 30 days. (4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. (B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map. (5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this chapter in an applicable language if a request for translation is made at least 24 hours before the hearing. (B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the County of San Diego who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county. (6) The commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include:
(A) Providing information through media, social media, and public service announcements. (B) Coordinating with community organizations.
(C) Posting information on the internet website of the County of San Diego that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the commission.
(7) The board shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members. (8) The board shall provide for reasonable funding and staffing for the commission. (9) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records.
(d) (1) The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts and shall file the plan with the Clerk of the Board of Supervisors by the map adoption deadline set forth in subdivision (a) of Section 21501. The commission shall not release a draft map before the date set forth in paragraph (3) of subdivision (d) of Section 21508.
(2) The plan shall be subject to referendum in the same manner as ordinances. (3) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivisions (a) and (b).
SEC. 9. Section 21600 of the Elections Code is amended to read:
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 9/17 21600. (a) This article applies to a general law city that elects members of the city’s legislative body by districts or from districts, as defined in Section 34871 of the Government Code. (b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
SEC. 10. Section 21601 of the Elections Code is amended to read:
21601. (a) Following a city’s decision to elect its council using district-based elections, or following each federal decennial census for a city whose council is already elected using district-based elections, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution. (1) Population equality shall be based on the total population of residents of the city as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available. (2) Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted towards a city’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the city, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available. (b) The council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.). (c) The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(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 the city.
(4) 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.
(d) The council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.
SEC. 11. Section 21602 of the Elections Code is amended to read:
21602. (a) (1) For redistricting occurring in 2031 and thereafter, the boundaries of the council districts shall be adopted by the council not later than 205 days before the city’s next regular election occurring after January 1 in each year ending in the number two.
(2) For redistricting occurring before 2031 and where a city has a regular election occurring after January 1, 2022, and before July 1, 2022, the boundaries of the council districts shall be adopted by the council not later than 174 days before that election.
(3) For redistricting occurring before 2031 and where a city does not have a regular election occurring after January 1, 2022 and before July 1, 2022, the boundaries of the council districts shall be adopted by the council not later than 205 days before the city’s next regular election occurring on or after July 1, 2022. (b) This section does not apply when a city transitions from at-large to district-based elections.
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 10/17 SEC. 12. Section 21605 of the Elections Code is amended to read:
21605. (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:
(1) A court orders the council to redistrict.
(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article. (3) The boundaries of the city change by the addition of territory pursuant to Section 21603 or by the subtraction of territory.
(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
SEC. 13. Section 21606 of the Elections Code is amended to read:
21606. (a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the council member was elected.
(b) At the first election for council members in each city following adoption of the boundaries of council districts, excluding a special election to fill a vacancy or a recall election, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire. This subdivision does not apply when a city transitions from at-large to district-based elections. (c) Except as provided in subdivision (a), a person is not eligible to hold office as a member of a city council unless that person meets the requirements of Section 201 of the Elections Code and Section 34882 of the Government Code.
SEC. 14. Section 21607 of the Elections Code is amended to read:
21607. Before adopting the boundaries of a council district pursuant to Section 21601 or 21603, or for any other reason, the council shall hold public hearings on the proposal in accordance with Section 21607.1. This section does not apply when a city transitions from at-large to district-based elections.
SEC. 15. Section 21608 of the Elections Code is amended to read:
21608. (a) The council shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps shall include a good faith effort to do all of the following:
(1) Providing information to media organizations that provide city news coverage, including media organizations that serve language minority communities.
(2) Providing information through good government, civil rights, civic engagement, and community groups or organizations that are active in the city, including those active in language minority communities, and those that have requested to be notified concerning city redistricting. (b) The council shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this article if a request for translation is made at least 72 hours before the hearing or workshop, unless less than five days’ notice are provided for the hearing or workshop, in which case the request shall be made at least 48 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the council shall publish the date, time, and location for any public hearing or workshop on the internet at least five days before the hearing or workshop.
However, if there are fewer than 28 days until the deadline to adopt boundaries, the council may publish the agenda on the internet for at least three days before the hearing or workshop.
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 11/17 (d) (1) A draft map shall be published on the internet for at least seven days before being adopted as a final map by the council provided that, if there are fewer than 28 days until the deadline to adopt boundaries, the draft map may instead be published on the internet for at least three days. (2) Each draft map prepared by a member of the council or by employees or contractors of the city shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed council district, to the extent the city has that data.
(3) (A) The council and employees or contractors of the city shall not release draft maps of council districts earlier than three weeks after the block-level redistricting database required by subdivision (b) of Section 8253 of the Government Code is first made publicly available. This subparagraph does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before the earliest date that draft maps of council districts may be released.
(B) If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 90 days and more than 59 days, the waiting period required by subparagraph (A) is reduced to one week. If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 60 days, then the waiting period required by subparagraph (A) is waived.
(e) The council shall allow the public to submit testimony or draft maps in writing and electronically. (f ) The city shall either record or prepare a written summary of each public comment and council deliberation made at every public hearing or workshop held pursuant to this article. The city shall make the recording or written summary available to the public within two weeks after the public hearing or workshop. (g) The council shall establish, and maintain for at least 10 years after the adoption of new council district boundaries, an internet web page dedicated to redistricting. The web page may be hosted on the city’s existing internet website or another internet website maintained by the city. The web page shall include, or link to, all of the following information:
(1) A general explanation of the redistricting process for the city in English and applicable languages. (2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the council in English and any applicable language. (3) A calendar of all public hearing and workshop dates. A calendar listing that includes the time and location of the public hearing or workshop satisfies the notice required by subdivision (c). (4) The notice and agenda for each public hearing and workshop. (5) The recording or written summary of each public hearing and workshop. (6) Each draft map considered by the council at a public hearing. (7) The adopted final map of council district boundaries. (h) For purposes of this section, “applicable language” means any language that is spoken by a group of city residents with limited English proficiency who constitute 3 percent or more of the city’s total population over four years of age for whom language can be determined. Before January 1, 2021, and before January 1 in every year ending in the number one thereafter, the Secretary of State shall post the applicable languages for each city in a conspicuous location on the Secretary of State’s internet website. To determine the applicable languages for each city, in 2020 and in each year ending in the number zero thereafter, the Secretary of State, in consultation with the Statewide Database, shall request a special tabulation from the United States Bureau of the Census of the most recent data on limited English proficiency from the bureau’s American Community Survey that satisfies this subdivision. If the bureau is unable to produce that data, the Secretary of State shall base the Secretary of State’s determination on the table from the American Community Survey enumerating the number of residents with limited English proficiency that has the largest number of languages included, that is publicly available, and that was produced within the previous ten years.
(i) This section does not apply when a city transitions from at-large to district-based elections. (j) Before January 1, 2021, and before January in each year ending in the number one thereafter, the Secretary of State shall publish on the internet a template explaining the city redistricting process that meets the
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 12/17 requirements of paragraphs (1) and (2), inclusive, of subdivision (g). The Secretary of State shall publish the template in all of the languages into which ballots are required to be translated in the state pursuant to subdivision (h). The template shall be published in the same conspicuous location on the Secretary of State’s internet website that is described in subdivision (h).
SEC. 16. Section 21609 of the Elections Code is amended to read:
21609. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602, the council shall immediately petition the superior court in the county in which the city is located for an order adopting council district boundaries. If the council does not petition the superior court within five days after the deadline, any resident of the city may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the city for doing so.
(b) (1) Upon finding that a petition filed pursuant to subdivision (a) is valid, the superior court shall adopt council district boundaries in accordance with the criteria set forth in Section 21601, which shall be used in the city’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new council district boundaries in the next regular election. (2) The superior court may appoint a special master to assist the court with adopting the council district boundaries. The city shall pay the cost for the special master and associated costs. (3) The superior court or the special master shall hold one or more public hearings before the superior court adopts the council district boundaries.
(4) Subject to the approval of the superior court, the special master may employ redistricting experts or other consultants or counsel, independent experts in the field of redistricting and computer technology, and other necessary personnel to assist them in their work. In addition, the special master may seek the full cooperation of the city in producing and using whatever data, computer models and programs, and technical assistance that was made available to the council and city personnel who are knowledgeable in the mechanics of drafting redistricting legislation. The superior court may assist the special master in securing the necessary personnel and the physical facilities required for their work, and to prepare for the prompt submission to the city of a request for city funding for the necessary expenses of the special master and the special master’s staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the city council.
SEC. 17. Section 21620 of the Elections Code is amended to read:
21620. (a) This article applies to a charter city that elects members of the city’s legislative body by districts or from districts, as defined in Section 34871 of the Government Code. (b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
SEC. 18. Section 21621 of the Elections Code is amended to read:
21621. (a) Following a city’s decision to elect its council using district-based elections, or following each federal decennial census for a city whose council is already elected using district-based elections, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution. (1) Population equality shall be based on the total population of residents of the city as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available. (2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a city’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the city, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available. (b) The council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 13/17 (c) The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(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 the city.
(4) 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.
(d) The council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.
(e) Subdivision (c) does not apply to a charter city that has adopted comprehensive or exclusive redistricting criteria in its city charter. For purposes of this subdivision, “comprehensive or exclusive” means either that the city’s charter excludes consideration of redistricting criteria other than those that are identified in the city charter or that the city’s charter provides two or more traditional criteria for redistricting other than the requirement that districts be equal in population.
SEC. 19. Section 21622 of the Elections Code is amended to read:
21622. (a) (1) For redistricting occurring in 2031 and thereafter, the boundaries of the council districts shall be adopted by the council not later than 205 days before the city’s next regular election occurring after January 1 in each year ending in the number two.
(2) For redistricting occurring before 2031 and where a city has a regular election occurring after January 1, 2022 and before July 1, 2022, the boundaries of the council districts shall be adopted by the council not later than 174 days before that election. For cities that charge candidates a filing fee, notwithstanding subdivision (b) of Section 8106, the forms required under that subdivision shall not be made available until at least 28 days after the adoption of a final map. The elections official shall reduce the required number of signatures for the in- lieu-filing-fee petition, as specified in subdivision (a) of Section 8106, by the same proportion as the reduction in time for the candidate to collect signatures.
(3) For redistricting occurring before 2031 and where a city does not have a regular election occurring after January 1, 2022 and before July 1, 2022, the boundaries of the council districts shall be adopted by the council not later than 205 days before the city’s next regular election occurring on or after July 1, 2022. (b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter.
(c) This section does not apply when a city transitions from at-large to district-based elections.
SEC. 20. Section 21623 of the Elections Code is amended to read:
21623. (a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries. (b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:
(1) There are more than four years until the council is next required to redistrict pursuant to Section 21621.
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 14/17 (2) The population of the new territory being annexed or consolidated is greater than 25 percent of the city’s population as determined by the most recent federal decennial census. (c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.
SEC. 21. Section 21625 of the Elections Code is amended to read:
21625. (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:
(1) A court orders the council to redistrict.
(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article. (3) The boundaries of the city change by the addition of territory pursuant to Section 21623 or by the subtraction of territory.
(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.
SEC. 22. Section 21626 of the Elections Code is amended to read:
21626. (a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the council member was elected.
(b) At the first election for council members in each city following adoption of the boundaries of council districts, excluding a special election to fill a vacancy or a recall election, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire. This subdivision does not apply when a city transitions from at-large to district-based elections. (c) For a city employing both a primary and a general election, a change in the boundaries of a council district shall not be made between the direct primary election and the general election. (d) Except as provided in subdivision (a), a person is not eligible to hold office as a member of a city council unless that person meets the requirements of Section 201 of the Elections Code and Section 34882 of the Government Code.
SEC. 23. Section 21627 of the Elections Code is amended to read:
21627. Before adopting the boundaries of a council district pursuant to Section 21621 or 21623, or for any other reason, the council shall hold public hearings on the proposal in accordance with Section 21627.1. This section does not apply when a city transitions from at-large to district-based elections.
SEC. 24. Section 21627.1 of the Elections Code is amended to read:
21627.1. (a) Before adopting a final map, the council shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more council districts. (1) At least one public hearing shall be held before the council draws a draft map or maps of the proposed council boundaries.
(2) At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed council boundaries.
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 15/17 (b) At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(c) Public hearing buildings shall be accessible to persons with disabilities. (d) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the council may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. The time of the public hearing shall be noticed to the public. (e) The council may have city staff or a consultant conduct one or more public workshops in lieu of holding one of the public hearings required by paragraph (1) of subdivision (a). (f ) The council may establish an advisory redistricting commission to hold the public hearings required by paragraph (1) of subdivision (a).
SEC. 25. Section 21628 of the Elections Code is amended to read:
21628. (a) The council shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps shall include a good faith effort to do all of the following:
(1) Providing information to media organizations that provide city news coverage, including media organizations that serve language minority communities.
(2) Providing information through good government, civil rights, civic engagement, and community groups or organizations that are active in the city, including those active in language minority communities, and those that have requested to be notified concerning city redistricting. (b) The council shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this article if a request for translation is made at least 72 hours before the hearing or workshop, unless less than five days’ notice are provided for the hearing or workshop, in which case the request shall be made at least 48 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the council shall publish the date, time, and location for any public hearing or workshop on the internet at least five days before the hearing or workshop.
However, if there are fewer than 28 days until the deadline to adopt boundaries, the council may publish the agenda on the internet for at least three days before the hearing or workshop. (d) (1) A draft map shall be published on the internet for at least seven days before being adopted as a final map by the council provided that, if there are fewer than 28 days until the deadline to adopt boundaries, the draft map may instead be published on the internet for at least three days. (2) Each draft map prepared by a member of the council or by employees or contractors of the city shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed council district, to the extent the city has that data.
(3) (A) The council and employees or contractors of the city shall not release draft maps of council districts earlier than three weeks after the block-level redistricting database required by subdivision (b) of Section 8253 of the Government Code is first made publicly available. This subparagraph does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before the earliest date that draft maps of council districts may be released.
(B) If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 90 days and more than 59 days, then the waiting period required by subparagraph (A) is reduced to one week. If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 60 days, then the waiting period required by subparagraph (A) is waived.
(e) The council shall allow the public to submit testimony or draft maps in writing and electronically. (f ) The city shall either record or prepare a written summary of each public comment and council deliberation made at every public hearing or workshop held pursuant to this article. The city shall make the recording or
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 16/17 written summary available to the public within two weeks after the public hearing or workshop. (g) The council shall establish, and maintain for at least 10 years after the adoption of new council district boundaries, an internet web page dedicated to redistricting. The web page may be hosted on the city’s existing internet website or another internet website maintained by the city. The web page shall include, or link to, all of the following information:
(1) A general explanation of the redistricting process for the city in English and applicable languages. (2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the council in English and any applicable language. (3) A calendar of all public hearing and workshop dates. A calendar listing that includes the time and location of the public hearing or workshop satisfies the notice required by subdivision (c). (4) The notice and agenda for each public hearing and workshop. (5) The recording or written summary of each public hearing and workshop. (6) Each draft map considered by the council at a public hearing. (7) The adopted final map of council district boundaries. (h) For purposes of this section, “applicable language” means any language that is spoken by a group of city residents with limited English proficiency who constitute 3 percent or more of the city’s total population over four years of age for whom language can be determined. Before January 1, 2021, and before January 1 in every year ending in the number one thereafter, the Secretary of State shall post the applicable languages for each city in a conspicuous location on the Secretary of State’s internet website. To determine the applicable languages for each city, in 2020 and in each year ending in the number zero thereafter, the Secretary of State, in consultation with the Statewide Database, shall request a special tabulation from the United States Bureau of the Census of the most recent data on limited English proficiency from the bureau’s American Community Survey that satisfies this subdivision. If the bureau is unable to produce that data, the Secretary of State shall base the Secretary of State’s determination on the table from the American Community Survey enumerating the number of residents with limited English proficiency that has the largest number of languages included, that is publicly available, and that was produced within the previous ten years.
(i) This section does not apply when a city transitions from at-large to district-based elections. (j) Before January 1, 2021, and before January in each year ending in the number one thereafter, the Secretary of State shall publish on the internet a template explaining the city redistricting process that meets the requirements of paragraphs (1) and (2), inclusive, of subdivision (g). The Secretary of State shall publish the template in all of the languages into which ballots are required to be translated in the state pursuant to subdivision (h). The template shall be published in the same conspicuous location on the Secretary of State’s internet website that is described in subdivision (h).
SEC. 26. Section 21629 of the Elections Code is amended to read:
21629. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622, the council shall immediately petition the superior court in the county in which the city is located for an order adopting council district boundaries. If the council does not petition the superior court within five days after the deadline, any resident of the city may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the city for doing so.
(b) (1) Upon finding that a petition filed pursuant to subdivision (a) is valid, the superior court shall adopt council district boundaries in accordance with the criteria set forth in Section 21621, which shall be used in the city’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new council district boundaries in the next regular election. (2) The superior court may appoint a special master to assist the court with adopting the council district boundaries. The city shall pay the cost for the special master and associated costs. (3) The superior court or the special master shall hold one or more public hearings before the superior court adopts the council district boundaries.
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9/23/21, 11:43 AM Bill Text - AB-1276 Local redistricting. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1276 17/17 (4) Subject to the approval of the superior court, the special master may employ redistricting experts or other consultants or counsel, independent experts in the field of redistricting and computer technology, and other necessary personnel to assist them in their work. In addition, the special master may seek the full cooperation of the city in producing and using whatever data, computer models and programs, and technical assistance that was made available to the council and city personnel who are knowledgeable in the mechanics of drafting redistricting legislation. The superior court may assist the special master in securing the necessary personnel and the physical facilities required for their work, and to prepare for the prompt submission to the city of a request for city funding for the necessary expenses of the special master and the special master’s staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the city council. (c) This section does not apply to a charter city that has adopted in its city charter a different method for adopting city council district boundaries when a redistricting deadline is missed.
SEC. 27. Section 21630 is added to the Elections Code, to read:
21630. If a council assigns the responsibility to recommend or to adopt new district boundaries to a hybrid or independent redistricting commission as defined in Section 23000, the charter city remains subject to the redistricting deadlines, requirements, and restrictions that apply to the council under this article, unless otherwise exempted by law. A redistricting commission described in this section may perform the duties required of a city council under this article.
SEC. 28. Section 23000 of the Elections Code is amended to read:
23000. For purposes of this chapter, the following terms have the following meanings:
(a) “Advisory redistricting commission” means a body that recommends to a legislative body placement of the district boundaries for that legislative body.
(b) “Family member” means a spouse, parent, sibling, child, or in-law. (c) “Hybrid redistricting commission” means a body that recommends to a legislative body two or more maps for the placement of the district boundaries for that legislative body, where the legislative body must adopt one of those maps without modification, except as may be required to comply with state or federal law. (d) “Independent redistricting commission” means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body.
(e) “Legislative body” means a county board of supervisors, a city council of a general law city, a governing board of a school district, a governing board of a community college district, or an elected governing board of a special district.
(f ) “Local jurisdiction” means a county, general law city, school district, community college district, or special district. “Local jurisdiction” does not include a charter city. (g) “Redistricting” means either districting or redistricting. (h) “Spouse” means a spouse or registered domestic partner.
SEC. 29. This act and Division 21 (commencing with Section 21000) of the Elections Code shall not be construed as limiting the ability of a charter city to create an advisory, hybrid, or independent redistricting commission. The amendment of Section 23000 of, and the addition of Section 21630 to, the Elections Code made by this act do not constitute a change in, but are declaratory of, existing law.
SEC. 30. The amendment of Sections 21500 and 21601, and subdivision (a) of Section 21621, of the Elections Code made by this act do not constitute a change in, but are declaratory of, existing law.
1.c
Packet Pg. 40
1.d
Packet Pg. 41
RESOLUTION NO. 2021-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROPRIATING $52,500 FROM THE GENERAL FUND AND APPROVING A CONTRACT WITH LAPKOFF & GOBALET DEMOGRAPHIC RESEARCH, INC. TO CONDUCT REDISTRICTING IN THE CITY OF HOLLISTER USING 2020 CENSUS DATA AS REQUIRED BY STATE LAW AB 849 AND AB 1276
WHEREAS, California State law AB 849 requires that governing body of each city adopt new district boundaries after each federal decennial census; and WHEREAS, the 2020 Census data will be available in April 2021; and WHEREAS, California State law AB 1276 requires that general law cities finish redistricting and adopt a new district map no later than April 17, 2022, which will then be implemented by the county registrar of voters in time for the 2022 Council elections; and WHEREAS , Lapkoff & Gobalet Demographic Research, Inc. provided redistricting services to the City of Hollister in 2011, and still has the current district GIS data; and WHEREAS, staff recommends that the City of Hollister enter into a contract with Lapkoff & Gobalet Demographic Research, Inc., to perform the required redistricting procedures to comply with state and federal laws.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes an appropriat ion of $52,500 from the General Fund and approve a contract with Lapkoff & Gobalet Demographic Research, Inc. to conduct redistricting in the City of Hollister using 2020 census data as required by State Law AB 849 and AB 1276 .
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this 19th day of January, 2021, by the following vote:
AYES: Council Members Perez, Resendiz, Burns, Spencer, and Mayor Velazquez .
NOES: None.
ABSTAINED: None.
ABSENT: None.
ATTEST:
0~
Christine Blac~. MMC, City Clerk
Ignacio Velazquez, Mayor
APPROVED AS TO FORM:
Epperson Law Group PC
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CITY OF HOl.USTER
DUPLICATE OF ORIGINAL
ON FILE IN THE
OFFICE 01 yyc; CID« ne cnec
1.d
Packet Pg. 42
I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2021-15 is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 19th day of January, 2021, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this 19th day of January, 2021.
~
Christine B!ack, MMC
City Clerk of the City of Hollister
(Seal)
CITY OF HOI..LISTER
DUPLICATE OF ORIGINAL
ON FILE IN THE
OFFICE OF THE CIIY Cl FRK
I
1.e
Packet Pg. 43
· RESOLUTION NO. 2021-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPROPRIATION IN AN AMOUNT NOT TO EXCEED $61,500.00 FROM GENERAL FUND RESERVES TO FUND 101-1110-730-000 FOR
CONSULTANT, WEBSITE, VIRTUAL MEETINGS & MAP EVALUATIONS WHEREAS, per California law AB 849 requires the governing body of each local jurisdiction to adopt new district boundaries after each federal decennial census; and WHEREAS, per California law AB 1276 existing law establishes procedures and criteria to which general law cities adopt council district boundaries for the purposes of electing members of a City Council; and
WHEREAS, Lapkoff & Gobalet Demographic Research, Inc. have been contracted with the City of Hollister to perform redistricting services; and WHEREAS, the amount not to exceed $61,500.00, to roll over funds approved via Resolution No. 2021-15 for base fee Services and website, allow for up to eight (8) virtual meeting attendances from Lapkoff & Gobalet Demographic Research, Inc. representatives, and allow for up to twenty (20) evaluations of districting plans submitted by members of the public.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the appropriation in an amount not to exceed $61,500.00 from General Fund Reserves to fund 101-1110-730-000. This is for the approved Resolution No. 2021-15 for Lapkoff & Gobalet Demographic Research Inc., base fee and website rollover ($52,500.00). In addition, this will allow for up to eight (8) virtual meeting attendances ($4,000.00) and provide for up to twenty (20) evaluations of districting plans submitted by the public ($5,000.00) for a total amount not to exceed $61,500.00.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a RegularMeeting held this 4th day of October, 2021, by the following vote:
AYES: Council Members Perez, Resendiz, Burns, and Mayor Velazquez.
NOES: None.
ABSTAINED: None.
ABSENT: None
Ignacio Velazquez, Mayor
ATTEST:
ChristineBlack, MMC, City Clerk
APPROVED AS TO FORM:
Epperson Law Group PC
1.e
Packet Pg. 44
I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2021-194 is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a Regular Meeting of said Council held on the 4th day of October, 2021, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this 4th day of October, 2021.
Christine Black, MMC.
City Clerk of the City of Hollister
(Seal)
CITY OF HOLli <::Tc::R
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OFFICE 01,__ __ ,_-__ __,
SAN FELIPE RDSAN BENITO STHIGHWAY 25WESTSIDE BLVDMEMORIAL DRCERRA VISTA DRFAIRVIEW RDHIGHWAY 156FAL L
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MCCLOSKEY RD
BUENA VISTA RD
SANTA ANA RD
4TH ST
MERIDIAN ST
SOUTH ST
HILLCREST RD
NASH RD
TRES PINOS RD
SUNNYSLOPE RD
UNION R
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DLADD LNSOUTHSIDE RDVALLEY VIEW RDPOWELL STHAYDEN ST
DISTRICT 1
DISTRICT 2
DISTRICT 3
DISTRICT 4
Current City of Hollister District Map 1.f
Packet Pg. 45
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156
City of HollisterCouncil Districts
Plan 1
Lapkoff & Gobalet Demographic Research, Inc. 11/28/21
www.Demographers.com
Hillcrest RdSan Felipe RdNash Rd Sunnyslope Rd
San Juan Hollister Rd
Memorial DrPowell StSan Benito StSouth St
Meridian StLine StSouthside RdLegend
Street/Highway
Plan 1
District 1
District 2
District 3
District 4
©2021 CALIPER
1.g
Packet Pg. 46
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DistrictTotal PopulationLatino/ Hispanic White Black Asian OtherTotal DistrictTotal PopulationLatino/ Hispanic White Black Asian Other 1 10,257 76% 17% 1% 4% 3% 100% 1 4,947 62% n/a n/a 3% n/a2 10,258 82% 12% 1% 4% 2% 100% 2 4,598 67% n/a n/a 4% n/a3 10,372 63% 28% 1% 5% 3% 100% 3 5,480 48% n/a n/a 4% n/a4 11,047 56% 35% 1% 6% 3% 100% 4 6,324 43% n/a n/a 4% n/aTotal 41,934 69% 23% 1% 5% 2% 100% Total 21,349 54% n/a n/a 4% n/a 1 7,385 73% 19% 1% 4% 3% 100% 1 3,776 60% n/a n/a 3% n/a2 7,187 79% 14% 1% 4% 2% 100% 2 3,450 66% n/a n/a 3% n/a3 7,679 60% 31% 2% 5% 3% 100% 3 4,421 46% n/a n/a 4% n/a4 8,077 52% 38% 1% 6% 3% 100% 4 5,199 41% n/a n/a 4% n/aTotal 30,328 65% 26% 1% 5% 3% 100% Total 16,846 52% n/a n/a 4% n/a DistrictTotal Pop Deviation % Deviation1 5,508 70% 23% 1% 1% 5% 100% 1 10,257‐227‐2.2%2 5,462 69% 23% 2% 2% 4% 100% 2 10,258‐226‐2.2%3 6,629 54% 37% 1% 5% 4% 100% 3 10,372‐112‐1.1%4 7,209 44% 46% 1% 5% 4% 100% 4 11,047 564 5.4%Total 24,808 58% 33% 1% 3% 4% 100% Total 41,934Ideal 10,484 790 7.5%Total Population PercentagesAge 18+ (Voting Age) Population PercentagesCitizens of Voting Age (CVAP) PercentagesPlan 1 ‐ City of HollisterNon‐HispanicRegistered VotersActual VotersNon‐HispanicPlan 1 ‐ City of Hollister1.gPacket Pg. 47
25 1
0.1%
2 2.6%
4 0.5%
3 -3.2%
156
City of HollisterCouncil Districts
Plan 2
Lapkoff & Gobalet Demographic Research, Inc. 11/28/21
www.Demographers.com
Hillcrest RdSan Felipe RdNash Rd Sunnyslope Rd
San Juan Hollister Rd
West StSan Benito StSouth St
Meridian StWestside BlvdSouthside RdAi
r
li
ne HwyMemorial DrClearview DrLegend
Street/Highway
Plan 2
District 1
District 2
District 3
District 4
©2021 CALIPER
1.g
Packet Pg. 48
B
B
DistrictTotal PopulationLatino/ Hispanic White Black Asian OtherTotal DistrictTotal PopulationLatino/ Hispanic White Black Asian Other 1 10,494 76% 16% 1% 4% 3% 100% 1 5,067 62% n/a n/a 3% n/a2 10,756 81% 13% 1% 4% 2% 100% 2 4,820 67% n/a n/a 4% n/a3 10,152 62% 29% 2% 5% 3% 100% 3 5,480 47% n/a n/a 4% n/a4 10,532 56% 34% 1% 6% 2% 100% 4 5,982 43% n/a n/a 4% n/aTotal 41,934 69% 23% 1% 5% 2% 100% Total 21,349 54% n/a n/a 4% n/a 1 7,552 73% 19% 1% 4% 3% 100% 1 3,863 60% n/a n/a 3% n/a2 7,545 78% 15% 1% 4% 2% 100% 2 3,619 65% n/a n/a 3% n/a3 7,490 58% 32% 2% 5% 3% 100% 3 4,459 45% n/a n/a 4% n/a4 7,741 52% 38% 1% 6% 3% 100% 4 4,905 41% n/a n/a 4% n/aTotal 30,328 65% 26% 1% 5% 3% 100% Total 16,846 52% n/a n/a 4% n/a DistrictTotal Pop Deviation % Deviation1 5,644 70% 22% 1% 1% 5% 100% 1 10,494 11 0.1%2 5,790 69% 23% 2% 2% 4% 100% 2 10,756 273 2.6%3 6,304 52% 40% 1% 5% 3% 100% 3 10,152‐332‐3.2%4 7,070 44% 45% 1% 5% 4% 100% 4 10,532 49 0.5%Total 24,808 58% 33% 1% 3% 4% 100% Total 41,934Ideal 10,484 604 5.8%Plan 2 ‐ City of HollisterNon‐HispanicRegistered VotersActual VotersNon‐HispanicPlan 2 ‐ City of HollisterTotal Population PercentagesAge 18+ (Voting Age) Population PercentagesCitizens of Voting Age (CVAP) Percentages1.gPacket Pg. 49
25 1
0.1%
3 0.9%
2 2.6
4 -3.6
156
City of HollisterCouncil Districts
Plan 3
Lapkoff & Gobalet Demographic Research, Inc. 12/16/21
www.Demographers.com
Hillcrest RdSan Felipe RdNash Rd Sunnyslope Rd
San Juan Hollister Rd
West StSan Benito StSouth St
Meridian StWestside BlvdSouthside RdAi
r
li
ne HwyMemorial DrClearview Dr
Nez Perce Dr
Legend
Street/Highway
Plan 3
District 1
District 2
District 3
District 4
©2021 CALIPER
1.h
Packet Pg. 50
B
B
DistrictTotal PopulationLatinx/ Hispanic White Black Asian OtherTotal DistrictTotal PopulationLatinx/ Hispanic White Black Asian Other 1 10,494 76% 16% 1% 4% 3% 100% 1 5,067 62% n/a n/a 3% n/a2 10,756 81% 13% 1% 4% 2% 100% 2 4,820 67% n/a n/a 4% n/a3 10,575 62% 29% 2% 5% 3% 100% 3 5,679 47% n/a n/a 4% n/a4 10,109 56% 35% 1% 6% 3% 100% 4 5,783 43% n/a n/a 4% n/aTotal 41,934 69% 23% 1% 5% 2% 100% Total 21,349 54% n/a n/a 4% n/a 1 7,552 73% 19% 1% 4% 3% 100% 1 3,863 60% n/a n/a 3% n/a2 7,545 78% 15% 1% 4% 2% 100% 2 3,619 65% n/a n/a 3% n/a3 7,850 58% 32% 2% 5% 3% 100% 3 4,622 45% n/a n/a 4% n/a4 7,381 52% 38% 1% 6% 3% 100% 4 4,742 41% n/a n/a 4% n/aTotal 30,328 65% 26% 1% 5% 3% 100% Total 16,846 52% n/a n/a 4% n/a DistrictTotal Pop Deviation % Deviation1 5,644 70% 22% 1% 1% 5% 100% 1 10,494 11 0.1%2 5,790 69% 23% 2% 2% 4% 100% 2 10,756 273 2.6%3 6,634 52% 39% 1% 5% 3% 100% 3 10,575 92 0.9%4 6,740 43% 46% 1% 6% 4% 100% 4 10,109‐375‐3.6%Total 24,808 58% 33% 1% 3% 4% 100% Total 41,934Ideal 10,484 647 6.2%Plan 3 ‐ City of HollisterNon‐HispanicRegistered VotersActual VotersNon‐HispanicPlan 3 ‐ City of HollisterTotal Population PercentagesAge 18+ (Voting Age) Population PercentagesCitizens of Voting Age (CVAP) Percentages1.hPacket Pg. 51
25 1
0.1%
2 2.6%
3 2.2%
4 -4.9
156
City of HollisterCouncil Districts
Plan 4
Lapkoff & Gobalet Demographic Research, Inc. 12/16/21
www.Demographers.com
Hillcrest RdSan Felipe RdNash Rd Sunnyslope Rd
San Juan Hollister Rd
West StSan Benito StSouth St
Meridian StWestside BlvdSouthside RdAi
r
li
ne HwyMemorial DrValley View RdLegend
Street/Highway
Plan 4
District 1
District 2
District 3
District 4
©2021 CALIPER
1.i
Packet Pg. 52
[
District
Total
Population
Latinx/
Hispanic White Black Asian Other Total District
Total
Population
Latinx/
Hispanic White Black Asian Other
1 10,494 76%16%1%4%3%100%1 5,067 62%n/a n/a 3%n/a
2 10,756 81%13%1%4%2%100%2 4,820 67%n/a n/a 4%n/a
3 10,718 63%28%1%5%3%100%3 5,562 47%n/a n/a 4%n/a
4 9,966 55%36%1%6%3%100%4 5,900 43%n/a n/a 4%n/a
Total 41,934 69%23%1%5%2%100%Total 21,349 54%n/a n/a 4%n/a
1 7,552 73%19%1%4%3%100%1 3,863 60%n/a n/a 3%n/a
2 7,545 78%15%1%4%2%100%2 3,619 65%n/a n/a 3%n/a
3 7,885 59%31%2%5%3%100%3 4,480 46%n/a n/a 4%n/a
4 7,346 51%39%1%6%3%100%4 4,884 41%n/a n/a 4%n/a
Total 30,328 65%26%1%5%3%100%Total 16,846 52%n/a n/a 4%n/a District Total Pop Deviation % Deviation
1 5,644 70%22%1%1%5%100%1 10,494 11 0.1%
2 5,790 69%23%2%2%4%100%2 10,756 273 2.6%
3 6,827 54%37%1%4%4%100%3 10,718 235 2.2%
4 6,547 42%48%1%6%4%100%4 9,966 -518 -4.9%
Total 24,808 58%33%1%3%4%100%Total 41,934
Ideal 10,484 790 7.5%
Total Population Percentages
Age 18+ (Voting Age) Population Percentages
Citizens of Voting Age (CVAP) Percentages
Plan 4 - City of Hollister
Non-Hispanic
Registered Voters
Actual Voters
Non-Hispanic
Plan 4 - City of Hollister
1.i
Packet Pg. 53
City of Hollister
Public Hearing #3
Demographers’ Report
JANUARY 8, 2022
Shelley Lapkoff, Ph.D. & Jeanne Gobalet, Ph.D.
LAPKOFF & GOBALET DEMOGRAPHIC RESEARCH, INC.
www.demographers.com
Oakland and Saratoga, California
1.j
Packet Pg. 54
LGDR’s
agenda for
this
presentation
Review –why Hollister’s City Council
district boundaries need to be changed
Plan 1
Plan 2
Plan 3
Plan 4
Discussion
Live plan modifications, if desired
2 1.j
Packet Pg. 55
Current City
Council Districts
3 1.j
Packet Pg. 56
City of Hollister
Council Districts Adopted 2012
Legend
Street/Highway
Council District
D District1
D District2
District 3
D District4
Lepkoff & Gobs/et Demographic Research, Inc. 9124121
www.Demogrsphers.com
©2021 CALIPER
Current City
Council Districts
Southern Detail
4 1.j
Packet Pg. 57
San Juan Hollister Rd S-
Legend
Street/Highway
Council District
D District1
D District2
District 3
D District4
Lapkoff & Gobalet Demographic Research, Inc. 9124121
www.Demographers.com
(1)
en -
City of Hollister
Council Districts Adopted 2012
(Southern Detail)
#1 Priority: Population Equality
Council Districts need to be fairly equal in population (some leeway is permitted)
Ideal Council district population = 1/4 of the 2020
Census population
City of Hollister= 41,934 total population; 1/4= 10,484 (Ideal) Plan deviation = Difference between the most and least
most populous districts, divided by the ideal Council
district population
10% deviation is permitted = 1,048 persons (10,484 x 10%)
1.j
Packet Pg. 58
6 Current Council Districts using Official 2020 Redistricting Data District 2020 Population Deviation % Deviation
1 11,045 562 5.4%
2 11,165 682 6.5%
3 10,284 -200 -1.9%
4 9,440 -1,044 -10.0%
Total 41,934 1,725 16.5%
Ideal Population 10,484
City of Hollister Current Plan - Population Balance
Using official redistricting data (U.S. Census adjusted for prison populations by the Statewide Database)
1.j
Packet Pg. 59
Legend
StreeUHighway
Council District
0District1
D □istrict2
0District3
D □istrict4
Lt1plioH & Gobalet Demographic Research. Inc. 9/241'21
www.Demogr• phef3.com
Deviation = 7.5%
District 4 runs along Memorial
Drive and is the most populous
district
Southern boundary of District
1 is South St./ Hillcrest Rd
Powell Street is boundary
between Districts 2 and 3
Plan 1
7 1.j
Packet Pg. 60
City of Hollister
Council Districts
Plan 1
Legend
--Street/Highway
Plan 1
D District1
D District2
D District3
D District4
Lapkoff & GobaJet Demographic Research, Inc. 11128/21
www.Demographers.com
©2021 CALIPER
8 1.j
Packet Pg. 61
San Juan Hollister Rd
Lapkoff & Gobalet Demographic Research, Inc . 11/28121
www.Demographers.com
II
m
II
9 District
Total
Population
Latinx/
Hispanic White Black Asian Other Total District
Total
Population
Latinx/
Hispanic White Black Asian Other
1 10,257 76%17%1%4%3%100%1 4,947 62%n/a n/a 3%n/a
2 10,258 82%12%1%4%2%100%2 4,598 67%n/a n/a 4%n/a
3 10,372 63%28%1%5%3%100%3 5,480 48%n/a n/a 4%n/a
4 11,047 56%35%1%6%3%100%4 6,324 43%n/a n/a 4%n/a
Total 41,934 69%23%1%5%2%100%Total 21,349 54%n/a n/a 4%n/a
1 7,385 73%19%1%4%3%100%1 3,776 60%n/a n/a 3%n/a
2 7,187 79%14%1%4%2%100%2 3,450 66%n/a n/a 3%n/a
3 7,679 60%31%2%5%3%100%3 4,421 46%n/a n/a 4%n/a
4 8,077 52%38%1%6%3%100%4 5,199 41%n/a n/a 4%n/a
Total 30,328 65%26%1%5%3%100%Total 16,846 52%n/a n/a 4%n/a District Total Pop Deviation % Deviation
1 5,508 70%23%1%1%5%100%1 10,257 -227 -2.2%
2 5,462 69%23%2%2%4%100%2 10,258 -226 -2.2%
3 6,629 54%37%1%5%4%100%3 10,372 -112 -1.1%
4 7,209 44%46%1%5%4%100%4 11,047 564 5.4%
Total 24,808 58%33%1%3%4%100%Total 41,934
Ideal 10,484 790 7.5%
Total Population Percentages
Age 18+ (Voting Age) Population Percentages
Citizens of Voting Age (CVAP) Percentages
Plan 1 - City of Hollister
Non-Hispanic
Registered Voters
Actual Voters
Non-Hispanic
Plan 1 - City of Hollister
1.j
Packet Pg. 62
Deviation = 5.8%
District 4’s boundary with District
3 is Sunnyslope Rd. and Hwy 25
Southern boundary of District 1 is
South St./ Hillcrest Rd
West Street divides Districts 2
and 3
Westside Blvd divides Districts 1
and 2
Plan 2
10 1.j
Packet Pg. 63
. of Hollister
City ·1 Districts Counc1
Plan 2
Legend
-Street/Highway
Plan 2
D District1
D District2
D District3
D District4
11/28121 let Demographic Research, Inc.
~~~°!~hers.com
I_I
Meridian St
HillcreslRd
~\ r, I
©2021 CALI PER
11 1.j
Packet Pg. 64
Lapkoff & Gobalet Demographic Research, Inc . 11/28/21
www.Demographers.com
12 District
Total
Population
Latinx/
Hispanic White Black Asian Other Total District
Total
Population
Latinx/
Hispanic White Black Asian Other
1 10,494 76%16%1%4%3%100%1 5,067 62%n/a n/a 3%n/a
2 10,756 81%13%1%4%2%100%2 4,820 67%n/a n/a 4%n/a
3 10,152 62%29%2%5%3%100%3 5,480 47%n/a n/a 4%n/a
4 10,532 56%34%1%6%2%100%4 5,982 43%n/a n/a 4%n/a
Total 41,934 69%23%1%5%2%100%Total 21,349 54%n/a n/a 4%n/a
1 7,552 73%19%1%4%3%100%1 3,863 60%n/a n/a 3%n/a
2 7,545 78%15%1%4%2%100%2 3,619 65%n/a n/a 3%n/a
3 7,490 58%32%2%5%3%100%3 4,459 45%n/a n/a 4%n/a
4 7,741 52%38%1%6%3%100%4 4,905 41%n/a n/a 4%n/a
Total 30,328 65%26%1%5%3%100%Total 16,846 52%n/a n/a 4%n/a District Total Pop Deviation % Deviation
1 5,644 70%22%1%1%5%100%1 10,494 11 0.1%
2 5,790 69%23%2%2%4%100%2 10,756 273 2.6%
3 6,304 52%40%1%5%3%100%3 10,152 -332 -3.2%
4 7,070 44%45%1%5%4%100%4 10,532 49 0.5%
Total 24,808 58%33%1%3%4%100%Total 41,934
Ideal 10,484 604 5.8%
Total Population Percentages
Age 18+ (Voting Age) Population Percentages
Citizens of Voting Age (CVAP) Percentages
Plan 2 - City of Hollister
Non-Hispanic
Registered Voters
Actual Voters
Non-Hispanic
Plan 2 - City of Hollister
1.j
Packet Pg. 65
Developed during last public hearing
Deviation = 6.2%
Southern boundary of District 1 is South St./
Hillcrest Rd
Westside Blvd divides Districts 1 and 2
West Street divides Districts 2 and 3
Memorial Blvd divides Districts 3 and 4 in the
south
Somewhat awkward boundary between
Districts 3 and 4 in the north
Plan 3
13 1.j
Packet Pg. 66
City of Hollis~er
Council Districts
Plan 3
Legend
-Street/Highway
Plan 3
D District1
D District2
D District3
D District4
balet Demogr
';,!~8::/;,aphers.com
12116i2 1 ic Research, Inc.
I_I
Meridian St
14 1.j
Packet Pg. 67
San Juan Hollister Rd
Lapkoff & Gaba/et Demographic Research, Inc. 12116/21
www.Demographers.com
15 District
Total
Population
Latinx/
Hispanic White Black Asian Other Total District
Total
Population
Latinx/
Hispanic White Black Asian Other
1 10,494 76%16%1%4%3%100%1 5,067 62%n/a n/a 3%n/a
2 10,756 81%13%1%4%2%100%2 4,820 67%n/a n/a 4%n/a
3 10,575 62%29%2%5%3%100%3 5,679 47%n/a n/a 4%n/a
4 10,109 56%35%1%6%3%100%4 5,783 43%n/a n/a 4%n/a
Total 41,934 69%23%1%5%2%100%Total 21,349 54%n/a n/a 4%n/a
1 7,552 73%19%1%4%3%100%1 3,863 60%n/a n/a 3%n/a
2 7,545 78%15%1%4%2%100%2 3,619 65%n/a n/a 3%n/a
3 7,850 58%32%2%5%3%100%3 4,622 45%n/a n/a 4%n/a
4 7,381 52%38%1%6%3%100%4 4,742 41%n/a n/a 4%n/a
Total 30,328 65%26%1%5%3%100%Total 16,846 52%n/a n/a 4%n/a District Total Pop Deviation % Deviation
1 5,644 70%22%1%1%5%100%1 10,494 11 0.1%
2 5,790 69%23%2%2%4%100%2 10,756 273 2.6%
3 6,634 52%39%1%5%3%100%3 10,575 92 0.9%
4 6,740 43%46%1%6%4%100%4 10,109 -375 -3.6%
Total 24,808 58%33%1%3%4%100%Total 41,934
Ideal 10,484 647 6.2%
Total Population Percentages
Age 18+ (Voting Age) Population Percentages
Citizens of Voting Age (CVAP) Percentages
Plan 3 - City of Hollister
Non-Hispanic
Registered Voters
Actual Voters
Non-Hispanic
Plan 3 - City of Hollister
1.j
Packet Pg. 68
Developed during last public hearing
Deviation = 7.7%
District 4 least populated (housing growth is expected) Southern boundary of District 1 is South St./
Hillcrest Rd
Westside Blvd. divides Districts 1 and 2
West Street divides Districts 2 and 3
Memorial Blvd. divides Districts 3 and 4 in the
north
Valley View divides Districts 3 and 4 in the south
Plan 4
16 1.j
Packet Pg. 69
City of Hollister
Council Districts
Plan 4
Legend
--Street/Highway
Plan 4
D District1
D District2
D District3
D District4
Lapkoff & Gobafet Demographic Research, Inc. 12116'21
www.Oemographers.com
Meridian St
17 1.j
Packet Pg. 70
San Juan Hollister Rd
Lapkoff & Gobalet Demographic Research, Inc. 12116/21
www.Demographers.com
I -/ u I
eridia [LSt
I
~ ..
7 18
District
Total
Population
Latinx/
Hispanic White Black Asian Other Total District
Total
Population
Latinx/
Hispanic White Black Asian Other
1 10,494 76%16%1%4%3%100%1 5,067 62%n/a n/a 3%n/a
2 10,756 81%13%1%4%2%100%2 4,820 67%n/a n/a 4%n/a
3 10,718 63%28%1%5%3%100%3 5,562 47%n/a n/a 4%n/a
4 9,966 55%36%1%6%3%100%4 5,900 43%n/a n/a 4%n/a
Total 41,934 69%23%1%5%2%100%Total 21,349 54%n/a n/a 4%n/a
1 7,552 73%19%1%4%3%100%1 3,863 60%n/a n/a 3%n/a
2 7,545 78%15%1%4%2%100%2 3,619 65%n/a n/a 3%n/a
3 7,885 59%31%2%5%3%100%3 4,480 46%n/a n/a 4%n/a
4 7,346 51%39%1%6%3%100%4 4,884 41%n/a n/a 4%n/a
Total 30,328 65% 26% 1% 5% 3% 100% Total 16,846 52% n/a n/a 4% n/a District Total Pop Deviation % Deviation
1 5,644 70%22%1%1%5%100%1 10,494 11 0.1%
2 5,790 69%23%2%2%4%100%2 10,756 273 2.6%
3 6,827 54%37%1%4%4%100%3 10,718 235 2.2%
4 6,547 42%48%1%6%4%100%4 9,966 -518 -4.9%
Total 24,808 58%33%1%3%4%100%Total 41,934
Ideal 10,484 790 7.5%
Total Population Percentages
Age 18+ (Voting Age) Population Percentages
Citizens of Voting Age (CVAP) Percentages
Plan 4 - City of Hollister
Non-Hispanic
Registered Voters
Actual Voters
Non-Hispanic
Plan 4 - City of Hollister
1.j
Packet Pg. 71
Questions, Comments,
Discussion
Live line-drawing workshop, if desired
1.j
Packet Pg. 72