Agenda packet — Los Altos City Council, July 13, 2024

CITY COUNCIL SPECIAL MEETING
AGENDA
10:00 AM - Saturday, July 13, 2024
In-Person
THIS MEETING WILL BE HELD IN THE FOLLOWING LOCATION:

GRANT PARK & COMMUNITY CENTER
1575 HOLT AVENUE
LOS ALTOS, CA 94022
PARTICIPATION: Members of the public may participate by being present at the Los Altos Council Chamber at Los Altos City Hall located at 1 N. San Antonio Rd, Los Altos, CA during the meeting.

Public comment is accepted in person at the physical meeting location, or via email to [email protected].

RULES FOR CONDUCT: Pursuant to Los Altos Municipal Code, Section 2.05.010 "Interruptions and rules for conduct": Understanding that the purpose of the city council meetings is to conduct the people's business for the benefit of all the people, in the event that any meeting of the city council is willfully interrupted by a person or group of persons so as to render the orderly conduct of the meeting impossible, the mayor, mayor pro tem, or any other member of the city council acting as the chair may order the removal of the person or persons responsible for the disruption and bar them from further attendance at the council meeting, or otherwise proceed pursuant to Government Code Section 54957.0 or any applicable penal statute or city ordinance.

REMOTE MEETING OBSERVATION: Members of the public may view the meeting via the link below, but will not be permitted to provide public comment via Zoom or telephone. Public comment will be taken in-person, and members of the public may provide written public comment by following the instructions below.
https://losaltosca-gov.zoom.us/j/84630802684?pwd=SiXI7Usq5ba51HMThx3nMyUeJh5sba.1 Telephone: 1-669-444-9171 / Webinar ID: 846 3080 2684 / Passcode: 846333 SUBMIT WRITTEN COMMENTS: Prior to the meeting, comments on matters listed on the agenda may be emailed to [email protected]. Emails sent to this email address are sent to/received immediately by the City Council. Emails sent directly to the City Council as a whole or individually, and not sent to [email protected] will not be included as a public comment in the Council packet.

Please note: Personal information, such as e-mail addresses, telephone numbers, home addresses, and other contact information are not required to be included with your comments. If this 1 7/13/2024 CITY COUNCIL SPECIAL MEETING AGENDA Page 2 of 2 information is included in your written comments, they will become part of the public record. Redactions and/or edits will not be made to public comments, and the comments will be posted as they are submitted. Please do not include any information in your communication that you do not want to be made public.

Correspondence submitted in hard copy/paper format must be received by 2:00 p.m. on the day of the meeting to ensure distribution prior to the meeting. Comments provided in hard copy/paper format after 2:00 p.m. will be distributed the following day and included with public comment in the Council packet.

The Mayor will open public comment and will announce the length of time provided for comments during each item.

MEETING CALLED TO ORDER

CONFIRM QUORUM

DISCUSSION ITEM(S)

1. Hold a Public Hearing and receive public input regarding the process and criteria for establishing boundaries for district-based elections of the City Council

ADJOURNMENT

SPECIAL NOTICES TO THE PUBLIC
In compliance with the Americans with Disabilities Act, the City of Los Altos will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (650) 947-2610. 2 20984682.1
City Council Agenda Report
Meeting Date: July 13, 2024
Prepared By: Jon Maginot
Approved By: Gariel Engeland
Subject: Hold a Public Hearing and receive public input regarding the process and criteria for establishing boundaries for district-based elections of the City Council.

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Receive the second presentation from City staff, the City's Special Counsel, and the City's consulting demographer, Redistricting Partners, regarding the process and criteria for establishing boundaries for district-based elections of the City Council, and take public input at this – second of two required public hearings – regarding:
(a) the communities of interest within the City that should define the boundaries and composition of districts before any maps of any proposed district boundaries are drawn; and
(b) whether the City should implement a directly elected Mayor with four districts, or retain a City Council-selected rotational Mayor with five districts.

FISCAL IMPACT
There is no fiscal impact to hold this meeting as the City has already retained the services of outside legal counsel and a demographer to assist in the transition to district-based elections.

ENVIRONMENTAL REVIEW
Not applicable
3 Agenda Item 1.
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PREVIOUS COUNCIL CONSIDERATION
On May 28, 2024, the City Council adopted a resolution of intent to transition to a district-based elections system. On June 11, 2024, the City held its first required public hearing related to the transition to district-based elections. On July 9, 2024, the City Council approved the calendar for the public hearings which will be held related to the transition to district-based elections.

DISCUSSION/ANALYSIS
On April 18, 2024, the City received a Notice of Violation of the California Voting Rights Act ("CVRA"). The letter asserts that the City is violating the CVRA because the City's Councilmember elections are characterized by racially polarized voting in an at-large elections system. The letter demands that the City immediately transition from an at-large electoral system to a by-district system. On May 28, 2024, the City Council adopted a resolution declaring its intent to transition to district-based elections.

The City has engaged a demographer, Redistricting Partners, to support the transition effort to district-based elections. During this process, the City must hold at least five public meetings to receive public input and to consider draft maps. The first two hearings are held prior to the drafting of any maps and are for the purpose of allowing the public to provide input on the communities of interest within the City. The first of these hearings was held on June 11, 2024. At this first required public hearing for the transition to by-district elections, the City Council received a presentation from staff and its consulting demographer Paul Mitchell of Redistricting Partners. The presentation covered the public input process, as well as the rules and considerations that apply to the process drawing district maps and decision of the City Council in approving final maps of district boundaries.

The July 13, 2024 hearing is the second of five public hearings. After receiving a presentation on communities of interest, the public will then be invited to ask questions about the process and to provide input on communities of interest in the City. This will allow Redistricting Partners to better understand the jurisdiction and allow the drawing of maps based on sound demographic and legal principles. The public is also invited to provide input as to whether the City should move to a directly elected mayor with four districts or to maintain the current system where the five City Councilmembers select a mayor. At the end of this hearing, and after full consideration of the input offered by the public, the City Council will provide direction to City staff and Redistricting Partners regarding the criteria to be considered, including the communities of interest, consistent with the required legal parameters, to create proposed district maps. The City Council will also be asked to provide direction on the number of districts to be created, as well as whether the City would like to establish a directly elected mayor.

Following the hearing on July 13th, the demographer will prepare draft maps for consideration by the community and City Council. In preparation for these three upcoming hearings, maps created by the Redistricting Partners will be posted on the City's website and otherwise available at least one week before the hearings. After taking public comment at these hearings, the City Council will provide further direction to Redistricting Partners as to how to change and/or finalize a proposed map. These draft maps will be presented to the City Council and community at Public Hearing No. 4 Agenda Item 1.
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3, currently scheduled for August 28, 2024 at 4 p.m. The City will conduct an extensive community outreach effort to solicit feedback and input on the draft maps. The results of this community outreach effort will be presented to the City Council on September 24, 2024 at Public Hearing No.

4. Public Hearing No. 5 is scheduled for October 8, 2024, which is when the City Council will select a final map to be incorporated into an ordinance to be considered by the City Council.

Public Outreach
Throughout the process of transitioning to district elections, the City is implementing a robust effort to encourage participation and inclusivity as a part of the process. The City is also providing multiple ways for the public to submit feedback through in-person and online formats such as map drawing, fillable Communities of Interest forms, submission of public comment. Members of the public are encouraged to regularly visit the City’s districting webpage at:
https://www.losaltosca.gov/cityclerk/page/district-based-elections.

Members of the public can access all meeting materials as well as provide input on the districting process and draft maps.

ATTACHMENTS

1. July 13, 2024 Communities of Interest Presentation

2. June 11, 2024 Staff Report

3. Frequently Asked Questions regarding District-based Elections 5 Agenda Item 1.
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City Council Agenda Report
Meeting Date: June 11, 2024
Prepared By: Melissa Thurman, City Clerk
Approved By: Gabriel Engeland, City Manager
Subject: Hold a Public Hearing and receive public input and a presentation from the City’s consulting Demographer, Redistricting Partners, regarding the process and criteria for establishing boundaries for district elections of the City Council

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Hold a Public Hearing and receive public input and a presentation from the City of Los Altos' ("City") consulting Demographer, Redistricting Partners, regarding the process and criteria for establishing boundaries for district elections pursuant to the California Voting Rights Act ("CVRA") for the City Council. The City Council should further discuss the following topics:

1.) The Communities of Interest within the City that should define the boundaries and composition of districts before any maps of any proposed district boundaries are drawn; and

2.) Whether the City should implement a directly elected Mayor with four districts, or retain a City Council-selected Mayor with five districts

FISCAL IMPACT
The City will be required to retain the services of a demographer in order to successfully transition to district elections. The cost of such services is approximately $50,000 The City also must retain outside legal counsel to oversee the project in its entirety. The cost of outside legal services is approximately $35,000 Lastly, it is contemplated that Shenkman & Hughes, PC the author of the letter received on April 18, 2024, will send an invoice to the City at the end of the transition process as allowed under the CVRA for costs associated with the investigation that gave rise to the letter received on April 18, 2024 – usually for the services of a demographer and also attorneys' fees. The amount of that invoice is capped by the statute at $30,000 (plus an annual adjustments based on the Consumer Price Index for inflation since passage of the statute) if the City meets the CVRA time limits. The City has sufficient funds to cover these anticipated costs but may need to request special allocations for final payments. 6 Agenda Item 1.
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ENVIRONMENTAL REVIEW
Not applicable.

PREVIOUS COUNCIL CONSIDERATION
During the regular meeting of May 28, 2024, the City Council adopted a Resolution declaring its Intent to Transition to District-Based Elections pursuant to California Elections Code Section 10010, with the transition taking effect at the November 2026 and 2028 Elections.

DISCUSSION/ANALYSIS
The City currently has an at-large election system, where each of the City's five Councilmembers are elected by voters throughout the City. Currently, Councilmembers in Los Altos are elected for a four-year term and the Mayoral seat is rotated annually among the five Councilmembers. This rotation takes place in December of each year.

On April 18, 2024, the City received a Notice of Violation of the CVRA from attorney Kevin Shenkman and his law firm, Shenkman & Hughes, PC of Malibu, CA. The letter asserts that the City is violating the CVRA because: the City's councilmember elections are at-large as opposed to by district; the City's elections are characterized by racially polarized voting; and, there is vote dissolution in that minority voters have difficulty in electing councilmembers of their choice because they are never a majoirty or close to a majority in an at-large election. The notice demands that the City immediately transition from an at-large elections system to a district-based one.

District-based elections is a method of electing the members of the City Council in which the candidate must reside within an election district and is elected only by voters residing within that election district.

At-large voting systems allow all voters to voter for each councilmember seat that is on the ballot in a given electoral year. Racially polarized voting means that block voting among different racial groups may be occurring, such that there is too high a correlation between race and electoral choice – that is, that voters vote according to race. Vote dissolution occurs where minority voters – never having a majority across the City – are unable to elect candidates of their choice because they do not have the voting power to do so in an at-large scheme. Elections by district may address this issue by constructing districts where there are greater concentrations of minority voters such that they have more voting power within an individual district when compared to an at-large system.

The CVRA provides a “Safe Harbor” provision to local government agencies with at-large election systems pursuant to Elections Code Section 10010. Under this provision, a local agency has approximately 135 days from the receipt of the letter to transition from at-large to district-based elections. The City has secured additional time from Mr. Shenkman, until October 31, 2024, to complete this transition. If the City complies with the “Safe Harbor” provisions, the amount of attorney’s fees and costs Mr. Shenkman can collect is expected to be approximately $30,000, adjusted annually to the Consumer Price Index.

The City has engaged a demographer, Redistricting Partners, to support the transition effort to district-based elections. During this process, the City must:
• Hold at least five public hearings to receive public input and to consider draft maps. The public hearing on June 11, 2024 will be the first of two required public hearing for the 7 Agenda Item 1.
20896716.1
public to provide input on communities of interest and the composition of districts, as well as whether the City should implement a directly elected mayor with four districts, or retain a City Council-selected mayor with five districts. The City will not consider any maps at this public hearing or the next one (second public hearing), which has tentatively been scheduled for July 9, 2024, pending Council approval of this hearing date. • After the two required initial hearings to gather public input, the City Council is planning to hold at least three additional public hearings starting in August (Sepember?) 2024 to consider and select a map with district boundaries based on the public input received regarding the City's communities of interest and the City Council's direction as to whether the transition will produce a directly elected mayor with four districts or retain a City Council-selected mayor with five districts. Redistricting Partners will produce one or more maps for consideration by the City Council and the public before each meeting, which will be available to the public at least 7 days before any hearing at which the City Council considers the maps. Redistricting Partners will present those maps – explaining each map’s attributes and the differences between or among them. During one or more of these three hearings the City Council will discuss the proposed sequence of election.

During the first public hearing, the City’s demographer, Redistricting Partners, will make a presentation on the CVRA and the transition process for preparing district boundaries. The intention of this hearing is to identify the neighborhoods or "communities of interest" within the City, as well as other local factors that should be considered by Redistricting Partners when drawing draft maps. The public will be invited to ask questions about the process and to provide input on communities of interest in the City. This will allow the demographer to better understand the jurisdiction and allow the drawing of maps based on sound demographic and legal principles.

The public is welcome to propose complete districting maps, though it is not required. (See below for more on the district formation criteria.) The public is also invited to provide input as to whether the City should move to a directly-elected mayor with four districts or to maintain the current system where the five City Councilmembers select a mayor. (See below for more information regarding the number of districts and a potentially directly elected Mayor.) This hearing will also identify and highlight resources available to the public on the City's website related to the transition to district-based elections. (See below for more information regarding the City's public outreach process.)
The format for the second hearing on July 9, 2024 will be the same. At the end of the second public hearing with full consideration of the input offered by the public, the City Council will provide direction to City staff and the City’s demographer regarding the criteria to be considered, consistent with the required legal parameters, to create proposed district maps. The City Council will also be asked to provide direction on the number of districts to be created, as well as whether the City would like to establish a directly elected mayor.

The City Council will then host subsequent public hearings for the public to consider the draft maps created by the City's demographer. In preparation for these hearings, maps created by the City's demographer will be posted on the City's website and otherwise available at least one week before the hearings. After taking public comment at these hearings, the City Council will provide further direction to the City's demographer as to how to change and/or finalize a proposed map. 8 Agenda Item 1.
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Final direction on district maps and election sequencing will be sought at a final public hearing and will be incorporated into an ordinance to be considered by the City Council.

District Formation Criteria
In creating the district boundaries, the City must ensure compliance with the following criteria mandated by the CVRA and the Federal Voting Rights Act:
• Each district must contain a nearly equal population; • The districting plan must be drawn in a manner that complies with the Federal Voting Rights Act and the Equal Protection Clause of the U.S. Constitution; and, • The districts must not be drawn with race as the predominant factor.

Additionally, Election Code section 21130 requires cities to adopt districts using the following criteria to the extent practicable, which are set forth in order of priority:
• Districts shall be geographically contiguous.
• To the extent practicable, the geographic integrity of any local neighborhood or local community of interest must be respected and maintained. 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. • District boundaries should be easily identifiable and understandable. To the extent practicable, districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the jurisdiction.
• To the extent practicable, and where it does not conflict with the preceding criteria, districts shall be drawn to encourage geographical compactness.

The City's demographer – Redistricting Partners – only will present maps that comply with these criteria.

Public Outreach
In addition to the formal public hearing process, the City is implementing a robust effort to encourage participation and inclusivity as a part of the districting process. To this end, the City is doing the following:
• Hosting a webpage dedicated to districting, which includes an explanation of the districting process, relevant demographic data, the process for getting public input (in all legally required languages), a calendar of public hearings and/or workshop dates, the notice and agenda for each hearing/workshop, audio/video records of the hearings/workshops, a copy of the draft map(s) considered, and a copy of the final adopted map; and • Promoting the public workshop and hearing dates on all City social media channels and advertising the hearings and workshops in the Los Altos Town Crier and/or the Daily Post, depending on advertising deadlines and availability
The City’s districting webpage can be found via this weblink and is updated regularly to provide current information: https://www.losaltosca.gov/cityclerk/page/district-based-elections. 9 Agenda Item 1.
20896716.1
Number of Districts and Possible Transition to A Directly Elected Mayor Early in the process of transitioning to district-based elections, the City Council will provide direction to staff and consultants on the number of districts to be created, including whether or not to transition from an appointed Mayor to a directly-elected Mayor. The City Council currently annually appoints a member of the City Council to serve for one year as Mayor of the City. Staff would welcome City Council input and possibly direction. 10 Agenda Item 1.

City of Los Altos
Communities of
Interest
July 13, 2024
11 Agenda Item 1.

Agenda
Things we will cover:
• What is Districting/Redistricting
• Required Districting/Redistricting Criteria
• Communities of Interest
• How to Get Involved
• Los Altos Census Data
• Public Hearing Schedule
2 12
Agenda Item 1.

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.
3 13
Agenda Item 1.

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.
4 14
Agenda Item 1.

Required Districting Criteria
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 city, natural, and man-made boundaries
• Keep districts compact – appearance/function
Traditional redistricting principles used throughout the country and written into state law
15 Agenda Item 1.

Equal Population
Utilizing the US Census Decennial File
What is “equal” population has been a
key subject in districting litigation.
• Population Equality is based on
“People” not citizens or voters or
other metrics.
• 10% deviation presumed equal.

Other agencies / states have
different plan deviation
requirements. 16
Agenda Item 1.

Contiguity
Determining what is “contiguous”
18 Agenda Item 1.

Contiguity
Determining what is “contiguity”
Railroad tracks act as a barrier,
physically separating the city
with only three thoroughfares
between District 5 and the rest
of the city.
19 Agenda Item 1.

Compactness
Determining what is “compact”
22 Agenda Item 1.

Communities of Interest
A “community of interest” is a population that shares common social or economic interests that should be included within a single election district for purposes of its effective and fair representation.

As defined by the FAIR MAPS Act
Characteristics include:
• shared public policy
concerns
• public safety
• public health
• environment
• housing
• transportation
• cultural districts
• shared
socioeconomic
characteristics
• shared histories
24 Agenda Item 1.

Communities of Interest
Communities of interest are the building blocks of districts.

A community of interest includes ethnic and language minorities and other groups.
• Subjective
• Open-ended to be as inclusive as possible
Communities covered by the Voting Rights Act
• Latinos
• Asians
• African Americans
While communities of interest may include race, it cannot be the predominant factor in drawing district boundaries.

Bringing like people together for representation
25 Agenda Item 1.

Communities of Interest
• Historical communities
• Economic interests
• Racial composition
• Ethnic Areas
• Cultural amenities
• Religious facilities
• Immigrant communities
• Languages spoken
• Geographic features
• Neighborhoods
• Economic opportunity zones
• Tourism Areas
• School attendance areas
• Outdoor recreation areas
• Communities defined by natural
resource features
• Downtown / Urban
• Rural or Agricultural
• Homeowner or Renters
• Creative arts communities
• Media markets
• Many, many more
Bringing like people together for representation
26 Agenda Item 1.

What is NOT a Community of Interest
The FAIR MAPS Act explicitly prohibits these groups from being considered as communities of interest
• Political party affiliation
• Incumbents
• Political candidates
It also is hard in districting to truly consider:
• Groups of similarly minded people who do not share a similar geographic location.
• Communities of Interest that are citywide.

Preventing a Districting from Becoming a Gerrymander
27 Agenda Item 1.

Communities of Interest
Three Critical Questions in Defining YOUR Community
• Does the community have a shared culture, characteristics or bond?
• Is the community geographic in nature? Is the community able to be mapped?
• How would you describe the community’s relationship with the City of Los Altos, and how is your community affected by the policy decisions made by the elected officials?
28 Agenda Item 1.

How to get involved
FAIRMAPS Act emphasizes public engagement and participation • Provide written or in-person testimony
• Community of Interest Form
• Let us know which map you prefer
• Draw maps of your community of interest
or districted map
• Visit the website:
www.losaltosca.gov/cityclerk/page/district-based-elections 29 Agenda Item 1.

How to get involved
Draw your own map
• Draw your own districted map
• Divided by neighborhoods and
census blocks
• Census numbers are rounded
and allows you to draw a
balanced map
30 Agenda Item 1.
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Agenda Item 1.
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Agenda Item 1.

Districting Schedule
First two meetings devoted to community of interest
information gathering and education on districting process Proposed Schedule:

June 11, 2024 Public Hearing #1 (Pre-map)
July 13, 2024 Public Hearing #2 (Pre-map)
August Recess
August 28, 2024 Public Hearing #3 (Post-map)
September 24, 2024 Public Hearing #4 (Post-map)
October 8, 2024 Public Hearing #5: final vote
23 33
Agenda Item 1.
34 Agenda Item 1.
• Under what authority does Attorney Shenkman have the power to grant, or not grant, an extension of time for us to finish the by-district process? Answer: Under the statutory scheme, this entire process only begins with a letter from a lawyer like Mr. Shenkman. Without his letter, there is no timeline or compliance date. The Legislature has determined that a public entity may avoid litigation if it adheres to a very specific statutory timeline once it receives such a letter. If it does not adhere to that statutory timeline, it may be sued. Thus, it is not that Mr. Shenkman has agreed to an extension of time, but rather that he has agreed not be bring suit until a later date. • Is there another body with authority to grant an even greater extension of time? Answer: No. Again, the timeline for the transition to district elections was set by the Legislature in the California Voting Rights Act. Hypothetically, it might be possible to go to Court to obtain a different timeline, but this is very unlikely given the detailed instructions provided by the Legislature in the Act, and the very many public entities that have made the transition within the statutory time period.
• How do you reconcile the statement, “Communities of Interest within the City ... should define the boundaries … ” with "The districts must not be drawn with race as the predominant factor”, these statements seem contradictory.

Answer: Those statements are not contradictory at all. “Communities of interest” include geography, socio-economic position, gender, language groups, race, religious affiliations, school district, commercial district orientation, occupations, whether households have children, etc., the list is very long depending on the jurisdiction. While districts may not be drawn with race as the predominant factor, they must be drawn considering best practice demographic principles in light of the very many communities of interest that will be identified during the City’s hearings on the transition to districts. • Shouldn’t Attorney Shenkman be required to prove that his assertion that the City is violating the CVRA is factual, and that he has standing in our jurisdiction by revealing the names of those claiming harm?
Answer: To commence the process, the California Voting Rights Act requires only a letter to the City. Mr. Shenkman’s letter contains factual data, as well as an allegation that the City is violating the Act. If the City had decided to fight the move to districts, Mr. Shenkman would have been required to prove his allegations at trial. The Act, however, provides a safe harbor that allows public entities to avoid the costs of litigation if they comply with a statutory schedule in the transition to district elections. In addition, there is little chance of success in CVRA litigation. Thus, the City has decided to avoid these significant costs and make the transition to district elections for 2026 and 2028. As to the second issue, Mr.

Shenkman represents an organization that has one or more members that reside in the City. He is not required to provide their names under the law. 35 Agenda Item 1.

Los Altos City CouncilJuly 13, 2024

Los Altos City Council
July 13, 2024