CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Scott C. Smith, City Attorney
DATE: September 19, 2023
SUBJECT: Second Public Hearing to Consider Composition of Districts for By-District Elections
RECOMMENDATION
Staff recommends that the City Council conduct the second public hearing, receive and consider input from the public, and provide further direction to City staff.
BACKGROUND
The City of Laguna Niguel currently elects its five-member City Council through an "at- large" electoral system in which each Council Member may reside anywhere within the City's boundaries, and each member is elected by the voters of the entire electorate to provide Citywide representation. This is in contrast to a "by-district" election system where a city is divided into geographical districts, where each Council candidate must reside in the district he or she will represent, and where only voters within a given district vote for that district's Council Member.
On June 16, 2023, the City received a letter from the Law Offices of Michelle R. Jackson on behalf of unnamed community group and minority voters residing within the City, claiming that the City's at-large voting system dilutes the ability of minority voters to elect candidates of their choice or to otherwise influence the outcome of City elections. As a result, Ms. Jackson claims, the City's at-large elections violate the California Voting Rights Act (CVRA"). This letter is sent as a prerequisite to any lawsuit claiming CVRA violations.
In response to Ms. Jackson's claim, the City Council adopted a Resolution of Intention to transition to by-district elections at its Special meeting held on July 26, 2023. The City Council subsequently held the first of four required public hearings on Tuesday, September 5, 2023.
ANALYSIS
Before adopting district-based elections, the City must first prepare a draft map or maps.
However, before drawing any map, the City must hold at least two public hearings over a period of no more than 30 days. In addition, the public must be invited to provide input regarding the districts' boundaries and composition.
On September 5, 2023, the City Council held the first of the two pre-map public hearings and received a presentation by its contracted demographer (Attachment A), who acts as an educator in this transition process. The presentation included an overview of the transition-to-district process, including state and federal regulations, the various criteria used to create draft district maps, the required timeline, and the City's current demographic statistics from the 2020 Federal Census. The scheduled September 19, 2023 public hearing serves as the second of the two required pre-map public hearings.
The City's map drawing process begins after completion of the initial two public hearings (September 5, 2023 and September 19, 2023). The City Council will then utilize the ranking criteria to create one or more proposed district maps, and present draft map or maps for public comment and review in two subsequent public hearings, with the City Council being the ultimate decision making body.
The public may also utilize ranking criteria to create and submit a proposed district map for consideration in the process. The maps will be provided at least seven days prior to each of the third and fourth public hearings. The third and fourth public hearings must be held within 45 days of each other. These dates are November 7, 2023 and December 5, 2023, respectively.
During the third and fourth public hearings, the Council will also need to determine the "sequencing" of the elections. This means that the Council will need to decide which districts will first have elections on which dates.
All hearings will be held in the City Hall - Council Chamber, 30111 Crown Valley Parkway, Laguna Niguel, California.
To increase public awareness and participation in the transition to district elections, the City will use a variety of public communication channels to engage members of the community. Districting information, including map drafting tools, will continue to be https:/ww.cityvoflagunaniquel.org/Districting. In adtion, the Citys website and sosai media channels will continue to be populated with information about how the public can participate through testimony submittal and/or proposed map submittal.
The next public hearing (Public Hearing #3) for the City Council to receive and consider input from the public concerning the composition of voting districts, and review the first draft maps, is scheduled for November 7, 2023. The public is encouraged to provide testimony and/or proposed map submittal by 11:59 pm on October 24, 2023, via email to Districting @cityoflagunaniguel.org, by drop off at City Hall, or by mailing it to the City Clerk.
ALTERNATIVES CONSIDERED
The City Council may choose not to hold the second public hearing. Staff, however, does not recommend this action, as the failure to convene would disrupt the City's process of transitioning to district-based elections and compromise its ability to settle this claim.
FISCAL REVIEW
No additional costs are connected to this step of the districting Public Hearing process.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report.
CONCLUSION
Staff recommends that the City Council hold the second public hearing, receive and consider input from the public, and provide further direction to City staff.
James Setonsane Late Knife
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
Hetal Moor
ustin J. Martin
Assistant City Manager
Attachment:
A. September 5, 2023 Public Hearing Presentation
ATTACHMENT A
September 5, 2023 Public Hearing Presentation
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City of Laguna Niguel
Districting 101
SHA COUNTAT
September 5, 2023
1989
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Agenda
Things we will cover:
• The California Voting Rights Act (CVRA)
• What is Districting/Redistricting
• What is the Voting Rights Act
• What is Gerrymandering
• Required Districting/Redistricting Criteria
• The Mechanics of Districting
• Laguna Niguel Census Data
• Public Hearing Schedule
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What is the CVRA?
The California Voting Rights Act is a state law that
prohibits the use of At Large Election Systems in local government if there is Racially Polarized Voting.
"At Large" is defined as anything other than a system in which an elected official lives in a district, and is only elected by members of that district. Does not include "multi-member" districts. "Racially Polarized Voting" is defined as differences in voting patterns which can be shown to be correlated to race, religion, national origin, or membership in any other protected class. 3 30 REDISTRICTING
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What is the CVRA?
The California Voting Rights Act takes the principles of the Federal Voting Rights Act and expands it regarding
districted elections in two key ways:
While Federal law uses "majority minority" districts as a standard for vulnerability, the CVRA only requires "ability to influence." The CVRA requires that plaintiffs get full reimbursement for legal fees associated with any successful challenge.
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What is the CVRA?
The California Voting Rights Act takes the principles of the Federal Voting Rights Act and expands it regarding
districted elections in two key ways:
While Federal law uses "majority minority" districts as a standard for vulnerability, the CVRA only requires "ability to influence." The CVRA requires that plaintiffs get full reimbursement for legal fees associated with any successful challenge. These can be lessened or eliminated if the district follows a strict and prompt process for districting.
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What is Districting
Definition
Districting is the initial process of creating election district boundaries.
These boundaries determine:
• Eligibility to run for office - must live within boundaries to qualify for election.
• Who votes in the election - only voters within the zone vote for their board member.
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What is Districting
Definition
Districting is the initial process of creating election district boundaries.
These boundaries do not determine:
How the district decides to govern. The district can still work to achieve goals that benefit the district as a whole rather than the interests of any single zone.
• How services or relationships between the district and the public are managed.
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What is Redistricting?
Redistricting is at its core the act of equalizing population among districts. After a city districts, this occurs every ten years following the release of the decennial US Census
datasets.
This is important in order to meet two requirements - one constitutional, one from Supreme Court precedent:
- Equal Representation (14th Amendment) - how effective any resident can be at advocating for themselves or being represented within a jurisdiction.
- One Person One Vote - equal ability to elect a candidate of choice. 5% REDISTRICTING
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What is the Voting Rights Act?
The Voting Rights Act is federal law that seeks to remedy racial disenfranchisement. It has two sections impacting redistricting:
Section 2 - Majority Minority Districts
Section 5 - Preclearance (inactive)
The California Voting Rights Act prohibits the use of At Large Election Systems in local government if there is
Racially Polarized Voting.
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What is the Voting Rights Act?
The Voting Rights Act Section 2 is enforced when a
jurisdiction meets certain preconditions:
1) A minority group must be sufficiently large and geographically compact to comprise a majority of the district;
2) The minority group must be politically cohesive (it must demonstrate a pattern of voting for the same candidates, also known as "bloc voting"); and,
3) A majority of voters vote sufficiently as a bloc usually to defeat the minority group's preferred candidate.
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What is the Voting Rights Act?
Determining Section 2 obligation requires legal counsel and sometimes a racially polarized voting analysis.
- Does the minority population qualify under Section 2? - Is the proposed district a sufficient remedy - is it an "effective" majority minority district?
- Is there a claim for a coalition district?
Without Section 2, a community of interest can still be supported but race cannot be a predominant factor in drawing lines. 11 * REDISTRICTING
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What is Gerrymandering
The Gerrymander
AMESBURY,
The term Gerrymander came BRADFORD MPDAT
NEWBURY
MNDOVER
from a cartoon depicting a ROXFORD ROWLEY
rather serpentine looking district HIDDLETO
TOPSFICLO
created by Governor Elbridge Gerry HAMILTON WICH
DANVERS WENHAM
in Massachusetts. BEVERİX CLOCESTER
MARBLED
LYNN HEAD
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What is Gerrymandering
The Gerrymander
There are more recent
examples of gerrymandering,
even in California.
*Gil Cecilia
This 2001 Senate District is
SD 22
60% Dem
a great example.
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What is Gerrymandering
How does gerrymandering work?
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What is Gerrymandering
How does gerrymandering work?
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What is Gerrymandering
How does gerrymandering work?
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What is Gerrymandering
Types of Gerrymanders
The two primary types of gerrymanders are
Partisan and Racial, but there are more.
Partisan Gerrymandering - current Supreme Court
has determined these non-justiciable but some state
and local laws have stepped in to ban them.
Racial Gerrymandering - courts have repeatedly
found these to be unlawful.
Incumbent Gerrymandering - common in any
redistricting conducted by the agency itself.
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Required Redistricting Criteria
Traditional redistricting principles used throughout the country and written into state law
There are a number of criteria that are required under the FAIR MAPS Act (ranked):
• Relatively equal size - people, not citizens
• Contiguous - districts should not hop/jump
• Maintain "communities of interest"
• Easily identifiable and understandable lines,
following natural and man-made boundaries
• Keep districts compact -appearance/function
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Equal Population
Utilizing the US Census Decennial File
What is "equal" population has been a
key subject in districting litigation.
NOT
• Population Equality is based on EQUAL
"People" not citizens or voters or
other metrics.
• 10% deviation presumed equal.
Other agencies / states have
different plan deviation
requirements. 19
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Required Redistricting Criteria
Traditional redistricting principles used throughout the country and written into state law
There are a number of criteria that are required under the FAIR MAPS Act (ranked):
• Relatively equal size - people, not citizens
• Contiguous - districts should not hop/jump
• Maintain "communities of interest"
• Easily identifiable and understandable lines,
following natural and man-made boundaries
• Keep districts compact-appearance/function
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Contiguity
Two definitions for what is contiguous
Contiguity should be thought of as
"literal" and "functional."
• An area that is one whole
piece is "literally contiguous." NOT
CONTIGUOUS
• An area that represents
how the population functions
or how people are connected
is "functionally contiguous."
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Contiguity
Determining what is "contiguous"
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Contiguity
Determining what is "contiguity"
2 1 3
4 Railroad tracks act as a barrier,
physically separating the city 5
with only three thoroughfares
between District 5 and the rest
23 of the city.
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Required Redistricting Criteria
Traditional redistricting principles used throughout the country and written into state law
There are a number of criteria that are required under the FAIR MAPS Act (ranked):
• Relatively equal size - people, not citizens
• Contiguous - districts should not hop/jump
• Maintain "communities of interest"
• Easily identifiable and understandable lines,
following natural and man-made boundaries
• Keep districts compact-appearance/function
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Communities of Interest
Bringing like people together for representation
Communities of interest are the building blocks of election-districts.
A community of interest includes ethnic and language minorities and other groups.
Subjective
• Open-ended to be as inclusive as possible
Examples of Voting Rights Act Communities
• Latinos
• Asians
• African Americans
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Communities of Interest
Bringing like people together for representation
Communities of interest are the building blocks of election-districts.
A community of interest includes ethnic and language minorities and other groups.
• Subjective
• Open-ended to be as inclusive as possible
Examples of Voting Rights Act Communities
• Latinos
• Asians
• African Americans
While communities of interest may include race, it cannot be the predominant factor in drawing district boundaries. 26
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Required Redistricting Criteria
Traditional redistricting principles used throughout the country and written into state law
There are a number of criteria that are required under the FAIR MAPS Act (ranked):
• Relatively equal size - people, not citizens
• Contiguous - districts should not hop/jump
• Maintain "communities of interest"
• Easily identifiable and understandable lines,
following natural and man-made boundaries
• Keep districts compact - appearance/function
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Required Redistricting Criteria
Traditional redistricting principles used throughout the country and written into state law
There are a number of criteria that are required under the FAIR MAPS Act (ranked):
• Relatively equal size - people, not citizens
• Contiguous - districts should not hop/jump
• Maintain "communities of interest"
• Easily identifiable and understandable lines,
following natural and man-made boundaries
• Keep districts compact - appearance/function
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Compactness
Determining what is "compact"
The measure of compactness can get
complicated. NOT
COMPACT
• Ratio of the circumference of
a district and the area of a district.
• Measuring the number of distinct
straight lines and the number of
kinks and bends.
• Simply outlawing funny shapes.
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Compactness
Determining what is "compact"
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Compactness
Determining what is "compact"
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Additional Redistricting Rules
Criteria required in the City of Laguna Niguel Beyond Traditional Principles The FAIR MAPS Act adds more criteria to the process.
Not consider Incumbents / Candidates.
Not draw districts to advantage or disadvantage a political party.
• Hold minimum set of hearings, encourage public engagement. • Posting of all redistricting commission information on a website that is maintained for the next 10 years.
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The mechanics of Redistricting
Census Data
Census Files come in two parts:
Geography - the underlying framework of the data
Data - the counts of population and demographics
And they can convey different information:
Point in Time - Decennial Census
Multi-year Averages - Trends/Estimates
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The mechanics of Redistricting
Census Data
The Geography is called the
TIGER Files
- Topologically Integrated Geographic
Encoding and Referencing
- Nested geographic units
• Block
1012 1011
Block Group
• Tract 1016
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The mechanics of Redistricting
Census Data
Census Blocks Census Block Groups Census Tracts
35 Greenacres
145฿ 7225
122
59 52 12 6374
259-
175 158.
121
Rosedale
161
114
M 51
120
152
240 155
215
36G
022)
351
303
Bakersfield
509 305 631
260 111
10 E 80
122
615
130 L
L 105 203 #1
JES
120- 101
$1 169
253
1:211 89 112 03 52 6.033
267 p
Greenacres 662
4,138 1,237 1,341 632
1,581
3,598
977
1,839 616
1,045
1.4 Rosedale 7,613 1,896
2,120 1,130
2.806 779
1,625 2,329 994
2,383
2,176 1,939 755
1,057
1,161
1,220
1,256
970
1,532
2,060
914 1,187 2,017
3,854 641 664 1,452
1,113
1,801 1,329
1.279 1,111
976 1,244
2.242 1,690 2,529
2,071
2,006 2,044 2,238 2,024
1,086
1.091
9,386 1,867
2,719
2,302 1,267 1,539 Bakersfield 2,049
1,023 2,483 1,818
1,553
1,690
2,81
1,372 1,360
1,249
2,184
1,649 934
1,356
1,411 2,035
1,260 1,694
6.002 2,197
2,786 1,359
2,216 2,388
1,861
1,251 37
4,257 3,388 2,785 2,825
10,984
2,578 Greenaces 4,287
2,661
3,598
4,367
5,408
Rosedale 7,613 86434
5,579
2,176
2,383
5,215
3,894 5,370
2,672
4,161
3,854
4,158
3,761 7449
7,257
4,282
5,173 5,465
9,386 4,586
Bakersfield
6,301 4,78.
5,116
4,897
15,296
5,414
7,654
38 12,112 8,998
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The mechanics of Redistricting
Census Data
Two different datasets most commonly used in
redistricting:
- PL 94-171 - the Decennial Census File
- Census Block Geography
- Total Population Counts for April 1, 2020, used to determine the size of each district
- Even though we are now in 2023, we are still required to use this dataset to balance the districts.
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The mechanics of Redistricting
Census Data
The census data file the city is required to use will be slightly different:
- Statewide Prisoner Reallocation
- California Statewide Database | UC Berkeley - adjusted population removing state prison population and reallocating them based on where they lived prior to being incarcerated. - This allows a more equitable redistricting.
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The mechanics of Redistricting
Census Data
Two different datasets most commonly used in
redistricting:
- American Community Survey (ACS)
- Census Block Group and Census Tract or larger geographies - Results in estimated data that provides more context to the Census results with demographic and socioeconomic info. - Provides Citizen Voting Age Population (CVAP)
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2020 Census
At Large
Population 64,417
Deviation
Deviation % 0.0%
Other 46,794
Other % 726%
Latino 10,537
Latino % 16.4%
Asian 6,309
Asian % 9.8%
Black 777
Black % 1.2%
Citizen Voting Age Population (VAP)
1 Total CVAP 48,210
Other CVAP 36,672
Other CVAP % 76.1%
Latino CVAP 5,595
Latino CVAP % 11,6%
Asian CVAP 5,052
Asian CVAP % 10.5%
Black CVAP 891
43 Black CVAP % 1.8%
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City of Laguna Niguel
Districting Timeline
Proposed Schedule:
September 5, 2023 Public Hearing #1 (Pre-map)
September 19, 2023 Public Hearing #2 (Pre-map)
November 7, 2023 Public Hearing #3: Introduce Draft Maps December 5, 2023 Public Hearing #4: Revised Draft Maps
January 2024 Public Hearing #5: Final Vote
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