CITY OF LAGUNA NIGUEL
CIty CouncIL AgENDA ITEM
To: Honorable Mayor and Council Members
FROM: Scott C. Smith, City Attorney
Justin J. Martin, Assistant City Manager
DATE: December 5, 2023
SUBJECT: Fourth Public Hearing to Consider Composition of Districts for By-District Elections
RECOMMENDATION
Staff recommends that the City Council:
1. Conduct the fourth public hearing, receive and consider input from the public, and provide further direction to City staff;
2. Identify and select the preferred district map for formal adoption with Ordinance No. 2023-226;
3. Assign numerical designations to each of the five newly established geographical districts;
4. Determine the sequencing for elections under the by-district election system;
5. Waive full reading, make any amendments to, and Introduce Ordinance No. 2023- 226 by title;
Ordinance No. 2023-226
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADDING DIVISION 9 OF TITLE 2 OF THE LAGUNA NIGUEL
MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING
DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE
DISTRICTS
6. Direct that the proposed Ordinance, with any non-substantive changes deemed reasonably necessary by the City Clerk, be placed on the agenda for the January 16, 2024, City Council meeting and adopt the Ordinance at that meeting.
BACKGROUND
The City of Laguna Niguel currently elects its five-member City Council through an "at- large" election system in which each Council Member may reside anywhere in the City.
In the current system, each City Council Member is elected by voters Citywide to provide Citywide representation. This is in contrast to a "by-district" election system where a city is divided into geographical districts, each Council candidate must reside in the district they will represent, and 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 meeting held on July 26, 2023. The City Council held the first of four required public hearings on September 5, 2023, the second on September 19, 2023, and the third on November 7, 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 required pre-map public hearings and received a presentation by its contracted demographer, 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. Public testimony was also accepted during this public hearing.
On September 19, 2023, the City Council held the second of the two required pre-map public hearings. During this public hearing, the City Council again received a similar presentation by its contracted demographer, and accepted public testimony. At the conclusion of the public hearing the City Council directed staff to begin accepting public map submittals and for the demographer to return with additional draft maps during the third public hearing scheduled for November 7, 2023.
Per the requirements of the law, the City's map drawing process began following the initial two public hearings held on September 5, 2023, and September 19, 2023. The public was encouraged and permitted to utilize ranking criteria to create proposed district maps for consideration; and, was also provided with an opportunity to submit said maps prior to October 25, 2023. In accordance with state law, all public submittal and draft maps for Council's consideration at the third public hearing (November 7, 2023), were posted on the City website on or before October 31, 2023, at least 7 days prior to the public hearing.
Draft Maps
Sixteen maps were received from members of the public before the October 31, 2023, public noticing date requirement for the November 7, 2023, public hearing. Every map was analyzed and reviewed by the City's contracted demographer. Two additional maps were submitted by the public after the October 31, 2023 required public notice date.
In advance of the November 7, 2023, public hearing, the City's contracted demographer identified certain common themes and consistencies in these various public submittals, and using this information/major community/features/population/demographics, created four additional draft maps with demographic analysis and population breakdown for the City Council's consideration.
During the November 7, 2023, public hearing, after receiving a presentation from the City's contracted demographer and accepting public testimony, the City Council elected to elevate three public submittal maps for further consideration: Maps 199731, 203848, and 203709.
Each of the draft maps was analyzed and reviewed by the City's contracted demographer and found to be viable. This means the maps create potential City Council districts that are population-balanced within a margin +/- 10%, are contiguous, compact, and respect communities of interest. Images of the Maps 199731, 203848, and 203709, with accompanying demographic analysis and population breakdown are attached to this report (Attachment A).
These three public submittal maps, now known as Draft Maps, D, E and F, have been posted in accordance with state law on the City website by the date of November 28, 2023, seven days in advance of the December 5, 2023 public hearing. Draft Maps D, E, and F are summarized in Attachment B.
Public Hearings
As part of the December 5, 2023, public hearing, the City's contracted demographer will present on Maps D, E, and F, for public input and review. During this public hearing, the City Council will select its preferred map, and determine the "sequencing" of the elections.
This means that the Council will need to decide which districts will have elections on which dates. The Council may consider the terms of the existing Council Members when selecting the sequencing of the district elections.
At the conclusion of the City Council's deliberations, it would be appropriate for the City Council to take several actions:
(1) Select a map for inclusion as part of the districting Ordinance; (2) To number the districts on the selected map;
(3) To specify how the elections in the respective districts will sequence, beginning with the 2024 municipal election; and,
(4) To introduce Ordinance No. 2023-226 (Attachment C) enacting the district map and establishing district-based elections.
• Ordinance No. 2023-226 will receive a second reading and be considered for adoption on January 16, 2024, with the City Council remaining the ultimate decision-making body on the selection and adoption of districts.
All public 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 continue using its public communication channels to engage members of the community. Districting information, including all map tools and submittals, is featured on the City website at the following web address:
https://www.cityoflagunaniguel.org/Districting.
ALTERNATIVES CONSIDERED
The City Council could choose not to hold the fourth public hearing or introduce the Ordinance establishing by-district elections, defining district boundaries, and scheduling elections within the respective districts. 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 and Ordinance No. 2023-226 as to form.
CONCLUSION
Staff recommends that the City Council:
1. Conduct the fourth public hearing, receive and consider input from the public, provide further direction to City staff;
2. Identify and select the preferred district map for formal adoption with Ordinance No. 2023-226;
3. Assign numerical designations to each of the five newly established geographical districts;
4. Determine the sequencing for elections under the by-district election system;
5. Waive full reading, make any amendments to, and Introduce Ordinance No. 2023- 226 by title;
Ordinance No. 2023-226
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADDING DIVISION 9 OF TITLE 2 OF THE LAGUNA NIGUEL
MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING
DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE
DISTRICTS
6. Direct that the proposed Ordinance, with any changes deemed reasonably necessary by the City Clerk, be placed on the agenda for the January 16, 2024, City Council meeting and adopt the Ordinance at that meeting.
Samar SHaunau Jamasa Douseou
Tamara S. Letourneau Justin J. Martin
City Manager Assistant City Manager
Late In
Scott C. Smith
City Attorney
Attachments:
A. Analysis of Maps 199731, 203848, and 203709
B. Summary of Draft Maps D , E, and F
C. Ordinance No. 2023-226
ATTACHMENT A
Analysis of Maps 199731, 203848, and 203709
REDISTRICTING City of Laguna Niguel
PARTNERS Draft D: Districtr ID 199731
REDISTRICTING City of Laguna Niguel
PARTNERS Draft D: Districtr ID 199731
2020 Census
2 3 4 5
Population 12,952 12,834 13,082 12,700 12,849
Deviation 69 -49 199 -183 -34
Deviation % 0.5% -0.4% 1.5% -1.4% -0.3%
Other 8,854 7,958 9,953 10,549 9,480
Other % 68.4% 62.0% 76.1% 83.1% 73.8%
Latino 2,147 3,710 1,766 1,052 1,862
Latino % 16.6% 28.9% 13.5% 8.3% 14.5%
Asian 1,756 967 1,187 1,020 1,379
Asian % 13.6% 7.5% 9.1% 8.0% 10.7%
Black 195 199 176 79 128
Black % 1.5% 1.6% 1.3% 0.6% 1.0%
Citizen Voting Age Population (CVAP)
1 2 3 4 5
Total CVAP 8,529 8,872 10,232 10,797 9,780
Other CVAP 5,745 6,563 7,587 9,307 7,470
Other CAP% 67.4% 74.0% 74.1% 86.2% 76.4%
Latino CVAP 1,141 1,646 1,094 789 925
Latino CVAP % 13.4% 18.6% 10.7% 73% 9.5%
Asian CVAP 1,308 614 1,210 634 1,286
Asian CVAP % 15.3% 6.9% 11.8% 5.9% 13.1%
Black CVAP 335 49 341 67 99
Black CVAP % 3.9% 0.6% 3.3% 0.6% 1.0%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft D: Districtr ID 199731
District 1 2020 Census
68%
16%
13%
7%
Other % Latino % Asian % Black %
Citizen Voting Age Population
67%
13% 15%
3%
Other % Latino % Asian % Black %
Population Deviation Deviation% Other Other % Latino Latino % Asian Asian% Black Black % 12,952 69 0.5% 8,854 68.4% 2,147 16.6% 1,756 13.6% 195 1.5% Total CVAP Other CVAP Other CVAP% Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 8,529 5,745 67.4% 1,141 13.4% 1,308 15.3% 335 3.9%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft D: Districtr ID 199731
District 2 2020 Census
62%
28%
7%
1%
Other % Latino % Asian % Black %
Citizen Voting Age Population
74%
Laguna Niguel
18%
6%
0%
Other % Latino % Asian % Black %
Population Deviation Deviation % Other Other % Latino Latino% Asian Asian % Black Black % 12,834 -49 -0.4% 7,958 62.0% 3,710 28.9% 967 7.5% 199 1.6% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 8,872 6,563 74.0% 1,646 18.6% 614 6.9% 49 0.6%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft D: Districtr ID 199731
District 3 2020 Census
76%
JETHE
Crown Valley Piwy
13%
9%
1%
Other % Latino % Asian % Black %
Citizen Voting Age Population
74%
Crown Valley Peri
Laguna Niguel 10% 11%
3%
Other % Latino % Asian % Black %
Crown Valley Pkwy
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 13,082 199 1.5% 9,953 76.1% 1,766 13.5% 1,187 9.1% 176 1.3% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 10,232 7,587 74.1% 1,094 10.7% 1,210 11.8% 341 3.3%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft D: Districtr ID 199731
District 4 2020 Census
83%
Laguna Niguel
8% 8%
0%
Other % Latino % Asian % Black %
Citizen Voting Age Population
86%
7% 5%
0%
Other % Latino % Asian % Black %
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black% 12,700 -183 -1.4% 10,549 83.1% 1,052 8.3% 1,020 8.0% 79 0.6% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 10,797 9,307 86.2% 789 7.3% 634 5.9% 67 0.6%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft D: Districtr ID 199731
District 5 2020 Census
73%
AlITO CreEK RO
La Paz Road
14%
10%
1%
Other % Latino % Asian % Black %
Also Crock Re a Paz Road
Citizen Voting Age Population
76%
13%
9%
1%
Other % Latino % Asian % Black %
DENy
"talley
Population Deviation Deviation% • Other Other% Latino Latino% Asian Asian % Black Black % 12,849 -34 -0.3% 9,480 73.8% 1,862 14.5% 1,379 10.7% 128 1.0% Total CAP Other CVAP Other CVAP% Latino CVAP Latino CVAP% Asian CVAP Asian CVAP% Black CVAP Black CVAP % 9,780 7,470 76.4% 925 9.5% 1,286 13.1% 99 1.0%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft E: Districtr ID 203079
REDISTRICTING City of Laguna Niguel
PARTNERS Draft E: Districtr ID 203079
2020 Census
2 3 4 5
Population 12,829 12,967 12,821 12,532 13,268
Deviation -54 84 -62 -351 385
Deviation % -0.4% 0.7% -0.5% -2.7% 3.0%
Other 9,231 8,864 10,269 8,513 9,917
Other % 72.0% 68.4% 80.1% 67.9% 74.7%
Latino 1,930 2,152 1,402 2,893 2,160
Latino % 15.0% 16.6% 10.9% 23.1% 16.3%
Asian 1,498 1,756 1,032 957 1,066
Asian % 11.7% 13.5% 8.0% 7.6% 8.0%
Black 170 195 118 169 125
Black % 1.3% 1.5% 0.9% 13% 0.9%
Citizen Voting Age Population (CVAP)
2 3 4 5
Total CVAP 9,759 8,533 10,632 9,041 10,245
Other CVAP 7,225 5,749 8,405 7,104 8,189
Other CAP% 74.0% 67.4% 79.1% 78.6% 79.9%
Latino CVAP 982 1,141 953 1,163 1,356
Latino CVAP % 10.1% 13.4% 9.0% 12.9% 13.2%
Asian CVAP 1,382 1,308 1,026 691 645
Asian CVAP % 14.2% 15.3% 9.7% 7.6% 6.3%
Black CVAP 170 335 248 83 55
Black CVAP % 1.7% 3.9% 2.3% 0.9% 0.5%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft E: Districtr ID 203079
District 1 2020 Census
72%
IMS PRO MES
Aliso Crees ad
La Par Road 15%
11%
1%
Other % Latino % Asian % Biack %
AND Crash RU
Pa: Road Citizen Voting Age Population
San Diego eve
74%
Craven Vaitey ekiy
14%
10%
1%
Other % Latino % Asian % Black %
San Diego Pur
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 12,829 -54 -0.4% 9,231 72.0% 1,930 15.0% 1,498 11.7% 170 1.3% Total CVAP Other CVAP Other CVAP% Latino CVAP Latino CVAP % Asian CVAP Asian CVAP% Black CVAP Black CVAP % 9,759 7,225 74.0% 982 10.1% 1,382 14.2% 170 1.7%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft E: Districtr ID 203079
District 2 2020 Census
68%
16%
13%
7%
Other % Latino % Asian % Black %
Citizen Voting Age Population
67%
13% 15%
3%
Other % Latino % Asian % Black %
Population Deviation Deviation % Other Other % Latino Latino% Asian Asian % Black Black % 12,967 84 0.7% 8,864 68.4% 2,152 16.6% 1,756 13.5% 195 1.5% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP% Asian CVAP Asian CVAP% Black CVAP Black CVAP % 8,533 5,749 67.4% 1,141 13.4% 1,308 15.3% 335 3.9%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft E: Districtr ID 203079
District 3 2020 Census
80%
10% 8%
0%
Other % Latino % Asian % Black %
Laguna Niguel Citizen Voting Age Population
79%
9% 9%
2%
Other % Latino % Asian % Black %
THEEE ARCH
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian% Black Black % 12,821 -62 -0.5% 10,269 80.1% 1,402 10.9% 1,032 8.0% 118 0.9% Total CVAP Other CVAP Other CVAP% Latino CVAP Latino CVAP% Asian CVAP Asian CVAP% Black CVAP Black CVAP % 10,632 8,405 79.1% 953 9.0% 1,026 9.7% 248 2.3%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft E: Districtr ID 203079
District 4 2020 Census
67%
23%
7%
1%
Other % Latino % Asian % Black %
Citizen Voting Age Population
78%
Lagunà Niguel
12%
7%
0%
Other % Latino % Asian % Black %
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 12,532 -351 -2.7% 8,513 67.9% 2,893 23.1% 957 7.6% 169 1.3% Total CVAP • Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 9,041 7,104 78.6% 1,163 12.9% 691 7.6% 83 0.9%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft E: Districtr ID 203079
District 5 2020 Census
74%
16%
8%
0%
Other % Latino % Asian % Black %
Citizen Voting Age Population
79%
San Juan
Capistrand
13%
6%
0%
Other % Latino % Asian % Black%
Population Deviation Deviation % Other Other% Latino Latino% Asian Asian% Black Black % 13,268 385 3.0% 9,917 74.7% 2,160 16.3% 1,066 8.0% 125 0.9% Total CVAP Other CVAP Other CVAP% Latino CVAP Latino CVAP% Asian CVAP Asian CVAP% Black CVAP Black CVAP % 10,245 8,189 79.9% 1,356 13.2% 645 6.3% 55 0.5%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft F: Districtr ID 203848
N
REDISTRICTING City of Laguna Niguel
PARTNERS Draft F: Districtr ID 203848
2020 Census
2 3 4 5
Population 13,312 13,209 12,697 12,681 12,518
Deviation 429 326 -186 -202 -365
Deviation % 3.3% 2.5% -1.4% -1.6% -2.8%
Other 8,924 9,811 9,700 8,015 10,344
Other % 67.0% 74.3% 76.4% 63.2% 82.6%
Latino 2,323 2,008 1,501 3,561 1,144
Latino % 17.5% 15.2% 11.8% 28.1% 9.1%
Asian 1,946 1,195 1,338 882 948
Asian % 14.6% 9.0% 10.5% 7.0% 7.6%
Black 119 195 158 223 82
Black % 0.9% 1.5% 1.2% 1.8% 0.7%
Citizen Voting Age Population (CVAP)
2 3 4 5
Total CVAP 8,977 9,324 10,744 8,730 10,435
Other CVAP 6,191 7,080 7,992 6,554 8,855
Other CVAP % 69.0% 75.9% 74.4% 75.1% 84.9%
Latino CVAP 1,131 1,049 895 1,687 833
Latino CVAP % 12.6% 11.3% 8.3% 19.3% 8.0%
Asian CVAP 1,550 862 1,547 417 676
Asian CVAP % 17.3% 9.2% 14.4% 4.8% 6.5%
Black CVAP 105 333 310 72
Black CVAP % 1.2% 3.6% 2.9% 0.8% 0.7%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft F: Districtr ID 203848
District 1 2020 Census
67%
17%
14%
0%
Other % Latino % Asian % Black %
Citizen Voting Age Population
69%
17%
12%
1%
Other % Latino % Asian % Black %
Population Deviation Deviation% Other Other % Latino Latino % Asian Asian% Black Black % 13,312 429 3.3% 8,924 67.0% 2,323 17.5% 1,946 14.6% 119 0.9% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP% Asian CVAP Asian CVAP % Black CVAP Black CVAP % 8,977 6,191 69.0% 1,131 12.6% 1,550 17.3% 105 1.2%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft F: Districtr ID 203848
District 2 2020 Census
74%
Alicia Pas Moulton Park
also Creek Rd.
La Paz Road CrowD Valley PAiry Crown Valley Plovi
15%
9%
porn Valley Pawy 7%
* Paz Road
Other % Latino % Aslan % Black %
Citizen Voting Age Population
75%
Crown Valley Pkury
11% 9%
3%
Other % Latino % Asian % Black %
#kwy
Crawn Valley
Population Deviation Deviation% Other Other % Latino Latino % Asian Asian% Black Black % 13,209 326 2.5% 9,811 74.3% 2,008 15.2% 1,195 9.0% 195 1.5% Total CVAP Other CVAP Other CVAP% Latino CVAP Latino CVAP% Asian CVAP Asian CVAP% Black CVAP Black CVAP % 9,324 7,080 75.9% 1,049 11.3% 862 9.2% 333 3.6%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft F: Districtr ID 203848
District 3 2020 Census
76%
ACRES
11% 10%
7%
Other % Latino % Asian % Black %
Citizen Voting Age Population
74%
Laguna Niguel
14%
8%
2%
Other % Latino % Asian % Black %
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian% Black Black % 12,697 -186 -1.4% 9,700 76.4% 1,501 11.8% 1,338 10.5% 158 1.2% Total CVAP Other CAP Other CAP% Latino CVAP Latino CVAP% Asian CVAP Asian CVAP% Black CVAP Black CVAP % 10,744 7,992 74.4% 895 8.3% 1,547 14.4% 310 2.9%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft F: Districtr ID 203848
District 4 2020 Census
63%
28%
7%
1%
Other % Latino % Asian % Black %
Martha Hats Or
Citizen Voting Age Population
Laguna Niguel
75%
Manna Halie Or
Coldon Lantern Si
19%
4%
0%
Other % Latino % Asian% Black %
Population Deviation Deviation % Other Other% Latino Latino% Asian Asian % Black Black % 12,681 -202 -1.6% 8,015 63.2% 3,561 28.1% 882 7.0% 223 1.8% Total CAP Other CVAP Other CVAP% Latino CVAP Latino CVAP% Asian CVAP Asian CVAP% Black CVAP Black CVAP % 8,730 6,554 75.1% 1,687 19.3% 417 4.8% 72 0.8%
REDISTRICTING City of Laguna Niguel
PARTNERS Draft F: Districtr ID 203848
District 5 2020 Census
82%
Laguna Niguci
9% 7%
0%
Other % Latino % Asian % Black %
Citizen Voting Age Population
84%
8% 6%
0%
Other % Latino % Asian % Black %
Population Deviation Deviation % Other Other % Latino Latino % Asian Asian % Black Black % 12,518 -365 -2.8% 10,344 82.6% 1,144 9.1% 948 7.6% 82 0.7% Total CVAP Other CVAP Other CVAP % Latino CVAP Latino CVAP % Asian CVAP Asian CVAP % Black CVAP Black CVAP % 10,435 8,855 84.9% 833 8.0% 676 6.5% 0.7%
ATTACHMENT B
Summary of Draft Maps D, E, and F
®® REDISTRICTING
® PARTNERS
Draft Maps: D, E & F
On November 7th ", the Laguna Niguel City Council directed their demographers to uplift three publicly submitted maps to be used as draft maps for the December 5"' meeting. These draft maps reflect that request and fulfill the FAIR MAPS Act requirements.
Map Name/Total Deviation Notes
Draft Map D District ID 199731. Map was
Total Deviation: 2.9% cleaned up to ensure all
census blocks were assigned a
district.
Draft Map E District ID 203079. Map was
Total Deviation: 5.7% cleaned up to ensure all
census blocks were assigned a
district.
Draft Map F District ID 203848. Map was
Total Deviation: 6.1% cleaned up to ensure all
census blocks were assigned a
1 | Page
ATTACHMENT C
Ordinance No. 2023-226
ORDINANCE NO. 2023-226
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL, CALIFORNIA, ADDING DIVISION 9 OF TITLE 2 OF THE LAGUNA
NIGUEL MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS,
DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS
WITHIN THE DISTRICTS
WHEREAS, the City Council of the City of Laguna Niguel is an elected legislative and deliberative public body serving the citizens of the City of Laguna Niguel, a California general law city; and
WHEREAS, members of the City Council of Laguna Niguel are currently elected in November of even-numbered years and pursuant to an "at-large" election system in which registered voters of the entire jurisdiction elect candidates to the City Council; and WHEREAS, California Elections Code Section 10010 permits a city council to adopt a resolution to change its method of elections from an "at-large" system to a "district-based" system in which each member of the city council is elected only by the voters in the voting district in which the candidate resides; and WHEREAS, the City received a letter on or about June 16, 2023, from Attorney Michelle Jackson on behalf of unnamed community group and minority voters residing within the City, asserting that Laguna Niguel's present at-large election system violates the California Voting Rights Act ("CVRA"); and
WHEREAS, the City Council is committed to acting in the City's best interest as a whole and supporting full participation of all eligible voters from protected classes in electing Members of the City Council in accordance with the CVRA; and WHEREAS, to avoid the significant costs of any potential litigation under the CVRA, the City Council adopted Resolution No. 2023-1444 at its meeting held on July 26, 2023, declaring the City Council's intention to transition from at-large to district-based elections and outlining specific steps the City Council would undertake to facilitate this transition, and an estimated time frame for doing so pursuant to Elections Code Section 10010; and
WHEREAS, under the provisions of California Election Code section 10010, a City that changes from an at-large method of election to a district-based election must do all of the following before a public hearing at which the City Council votes to approve or defeat an ordinance establishing district-based elections:
• Before drawing a draft map or maps of the proposed boundaries of the districts, the City must hold at least two public hearings over a period of no more than thirty (30) days, at which the public is invited to provide input regarding the composition of the districts.
• After all draft maps are drawn, the City must publish and make available for release at least one (1) draft map and the potential sequence of the elections and the potential sequence of elections.
• The City must hold at least two additional hearings over a period of no more than forty-five (45) days, at which the public is invited to provide input regarding the content of the draft map(s) and the proposed sequence of elections. The first version of a draft map must be published at least seven days before consideration at a hearing; and
WHEREAS, the City engaged an expert demographer to assist the City with the process of analyzing the City's population, developing draft maps, and gathering input from residents on the possible maps; and
WHEREAS, the City Council held public hearings held on September 5, 2023, and September 19, 2023, at which time the public was invited to participate and provide input as to the proposed boundaries, content and composition of the districts, and the potential sequencing of elections; and
WHEREAS, draft election maps were published on the City's webpage for public review on or before October 31, 2023, at least seven (7) days before the third public hearing held on November 7, 2023; and
WHEREAS, on November 7, 2023 the Council held a third public hearing and selected to elevate three public submittal maps for further consideration: Maps 199731, 203848, and 203709; and
WHEREAS, the three public submittal maps were published on the City's webpage for public review on or before November 28, 2023, at least seven (7) days before the fourth public hearing held on December 5, 2023; and
WHEREAS, on December 5, 2023, the City Council of the City of Laguna Niguel held a fourth final public hearing on establishing Council election district boundaries, received additional public input, and formally selected the voting district map [#], as reflected in Exhibit A to this Ordinance; and
WHEREAS, at the conclusion of the City Council's deliberations on December 5, 2023, the City Council introduced, read by title, and waived further reading of this Ordinance; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for election of the Members of the City Council of the City of Laguna Niguel by-district in five (5) single-member districts, as reflected in Exhibit A to this Ordinance; and
WHEREAS, pursuant to California Government Code section 34886, it is declared the change in the method of electing members of the City Council of the City of Laguna Niguel made by this Ordinance is being made in furtherance of the purposes of the CVRA (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution; and
WHEREAS, all information in the staff reports, maps, presentations, Council debate and public testimony referenced above is hereby incorporated into this decision and serves as evidentiary basis for these findings and legislative decision; and
THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals above are true and correct and are incorporated herein by this reference.
SECTION 2. Division 9 is hereby added to Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code to read as follows:
DIVISION 9 - BY-DISTRICT ELECTIONS
Section 2-9-1 By-District Elections
(a) Pursuant to California Government Code section 34886, Members of the City Council shall be elected by-district in five (5) single-member districts. (1) Members of the City Council shall be elected in the electoral districts established by subdivision (b) of this Section and subsequently reapportioned as provided by State law. Elections shall take place "by- district as that term is defined in California Government Code section 34871, meaning one Council Member shall be elected from each district by the voters of that district alone.
(2) A Council Member elected or appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued. (3) Termination of residency in a district by a Council Member shall create a vacancy for that City Council district unless a substitute residence within the district is immediately declared and established within thirty (30) days after the termination of residency.
(4) Notwithstanding any other provision of this Section, each Council Member in office at the time this Section takes effect shall continue in office until the expiration of the term to which he or she was elected. In the event a vacancy occurs before the expiration of the term of a Council Member in office at the time this Section takes effect, a person who is appointed or elected by special election to fill such vacancy may reside anywhere within the corporate boundaries of the City. A person appointed or elected to fill such a vacancy shall hold the office in accordance with State law. (b) All five Council Members shall be elected on a "by-district" basis from the Council districts shown and numbered on the map titled 'City of Laguna Niguel District Map' attached as Exhibit A, a copy of which shall be on file in the City Clerk's office.
In 2024, and every four years thereafter, the following three City Council districts shall be elected by-district: District _; District; and District - In 2026, and every four years thereafter, the following two City Council districts shall be elected by-district: District _ and District
(c) Pursuant to Elections Code section 21601, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.
SECTION 3. Technical District Changes. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 6. Publication. The City Clerk shall certify the adoption of this Ordinance and shall post or publish this Ordinance as required by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Laguna Niguel this_ _day of_ → 2024.
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE 388
CITY OF LAGUNA NIGUEL )
I, Marissa Asistin, City Clerk of the City of Laguna Niguel, do hereby certify that day of January, 2024, by the following vote to
wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marissa Asistin, City Clerk
EXHIBIT A
City of Laguna Niguel District Map