Cities Index.
Agenda packet

National City City Council
March 21, 2022

Document
Agenda packet
Meeting
March 21, 2022
Body
National City City Council
Pages
28
Original file
17.7 MB
Text extracted from the city's file for reading and search. Open the original on nationalcityca.new.swagit.com. That file is the official record.

\\W// ^-CALIFORNIA -*
INCORPORATE" •-
ALEJANDR.4 SOTELO-SOLIS
Mayor

MARCUS BUSH
Vice Mayor

RON MORRISON
Council in ember

MONA RIOS
Councilmember

JOSE RODRIGUEZ
Councilm ember

AGENDA OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

ONLINE ONLY MEETING
https://www.nationalcityca.gov/webcast

LIVE WEBCAST

COUNCIL CHAMBERS

CIVIC CENTER
1243 NATIONAL CITY BOULEVARD

NATIONAL CITY, CALIFORNIA
MONDAY, MARCH 21, 2022 - 3:00 PM
NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority.

The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19).

The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act.

As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve. A live webcast of the meeting may be viewed on the city's website at www.nationalcitvca.gov. For Public Comments see "PUBLIC COMMENTS" section below.
1243 National City Blvd.

National City, CA 91950
619-336-4240
Meeting agendas and
minutes available on the
City *& website at
WWW.NA TIONALCITYCA. GO V
ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC).

REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review on the City's website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City's website at
www.nationalcityca.gov.

PUBLIC COMMENTS: There are multiple ways you can make sure your opinions are heard and considered by our City Council as outlined below:

Submit your public comment prior to the meeting: To submit a comment in writing, email PublicComment(S)nationalcityca.gov, provide the agenda item number and title of the item in the subject line of your email. Public comments or testimony is limited to up to three (3) minutes.

If the comment is not related to a specific agenda item,

indicate General Public Comment in the subject line. All email comments received by 1:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record.

Register online and participate in live public comment during the meeting: To provide live public comment during the meeting, you must pre-register on the City's website at https://www.nationalcitvca.gov/publiccomment by 1:00 p.m. on the day of the regular meeting to join the City Council Meeting.
***Please note that you do not need to pre-register to watch the meeting online, but you must pre-register if you wish to speak.

Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties. ***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. Public microphones will be muted until it is your turn to comment.

Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated.

All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whole and avoid personal attacks against members of the public, City Council, and city staff.

Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at Clerk(a)nationalcitvca.qov.

INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre-Register on Zoom . Once logged into Zoom to use the interpretation feature, please scroll to the bottom of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (...), then Interpretation, and then choose your language.

WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted.

CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public.

Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact

the City Clerk's Office at (619) 336-4228 to request a disability-related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agendas para tomar medidas con el fin de monitorear y reducir la propagacion del nuevo coronavirus (COVID-19). La Organization Mundial de la Salud declaro el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown.

Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se llevara a cabo solamente en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcitvca.gov. Para comentarios publicos, vea la seccion "COMENTARIOS PUBLICOS" mas adelante.

ORDEN DEL DiA: Las sesiones publicas de todas las juntas ordinarias del Concejo Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes.

Las audiencias publicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesion abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo Comunitario.

INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asf como todos los documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion, apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcitvca.gov.

COMENTARIOS PUBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escuchadas y consideradas por nuestro Concejo Municipal como se describe a continuation:

Envie su comentario publico antes de la sesion: Para enviar un comentario por escrito, envie un correo electronico a PublicComment(5)nationalcitvca.qov, proporcione el numero del tema o asunto de la agenda y el titulo del tema o asunto en la linea de asunto de su correo electronico. Los comentarios o testimonios publicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto especifico de la agenda, indique Comentario Publico General en la linea de asunto. Todos los comentarios por correo electronico recibidos antes de las 1:00 p.m. del dia de la sesion se enviaran por correo electronico a los miembros del Concejo Municipal y formaran parte del acta oficial.

Registrese en linea y participe en los comentarios publicos en vivo durante la sesion:

Para proporcionar comentarios publicos en vivo durante la sesion, debe registrarse previamente en el sitio web del Ayuntamiento en

https://www.nationalcitvca.gov/publiccomment antes de las 1:00 p.m. del dia de la junta ordinaria para incorporate a la sesion del Concejo Municipal. ***Tenga presente que no necesita registrarse previamente para ver la sesion en Knea, pero debe registrarse previamente si desea hablar.

Una vez registrado, recibira un correo electronico con un enlace de Zoom para integrarse a la sesion en vivo. Puede participar por telefono o por computadora. Tomese el tiempo necesario para iniciar la reunion en Zoom antes del inicio de la sesion para asegurarse de no encontrar dificultades tecnicas de ultimo momento.
***Tenga presente que las personas del publico no se mostraran en video; podran observar, escuchar y hablar cuando se les solicite. Los microfonos publicos se silenciaran hasta que sea su turno de comentar.

Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extension de los comentarios debido a la cantidad de personas que deseen hablar o si los comentarios se vuelven repetitivos o no relacionados.

Todos los comentarios estan sujetos a las mismas reglas que de otro modo regirian los comentarios de los oradores en la sesion. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del publico, el Concejo Municipal y el personal del Ayuntamiento. i,Preguntas sobre comentarios publicos o protocolos del Concejo Municipal? Comuniquese con la Oficina de la Secretaria del Ayuntamiento al telefono (619) 336-4228, o por correo electronico a Clerk(g)nationalcitvca.qov.

SERVICIO DE INTERPRETACION: Para utilizar la funcion de interpretacion zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesion en zoom para utilizar la funcion de interpretacion, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Haga die en el fcono de interpretacion (globo terraqueo), y seleccione "Spanish" (espanol). Si esta utilizando la aplicacion movil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (...), luego "interpretation" y luego el idioma.

AGENDA ESCRITA: Con contadas excepciones, el Organo Electo puede tomar medidas unicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y la necesidad de tomar medidas sobre esos temas haya surgido despues de haber sido publicada la agenda.

CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan mediante la aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a peticion de un concejal, individuo del personal del Ayuntamiento o persona del publico.

Previa solicitud, esta agenda puede estar disponible en formatos alternatives apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con

Discapacidades. Llame al telefono (619) 336-4228 de la Oficina del Secretario del Ayuntamiento para soiicitar una modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesion permitira al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta.

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER

ROLL CALL
PUBLIC COMMENT: (Public Comment will be restricted to Agenda Items only) PUBLIC HEARING: ORDINANCES AND RESOLUTIONS

1. Public Hearing to Consider District Elections and Numbering Districts Map. (City Clerk)

2. Public Hearing to Consider District Elections and Random Draw to Determine Sequencing. (City Clerk)

3. An Urgency Ordinance Of The City Council Of The City Of National City, California, Establishing City Council Election District Boundaries, Sequencing Elections Within Those Boundaries, And Adding Chapter 2.77 ("By-District Elections") Of Title 2 ("Administration") To The National City Municipal Code To Change The City's Electoral System From At-Large To By-District With Respect To Electing Members Of The City Council. (City Attorney)

ADJOURNMENT
Next Regular City Council Meeting: Tuesday, April 5, 2022, 6:00 p.m., City Council Chambers, Civic Center- National City, California.

CALIFORNIA .-* ■H-H

NOTICE OF SPECIAL MEETING

NATIONAL CITY COUNCIL

ONLINE ONLY MEETING
https://www.nationalcitvca.gov/webcast

LIVE WEBCAST

COUNCIL CHAMBERS
CIVIC CENTER, 1243 NATIONAL CITY BOULEVARD

NATIONAL CITY, CALIFORNIA
MONDAY, MARCH 21, 2022 - 3:00 PM
NOTICE IS HEREBY GIVEN, that the City Council of the City of National City will hold a Special Meeting on Monday, March 21, 2022, at 3:00 p.m., or as soon thereafter as the matter may be considered, in the Council Chambers at the Civic Center, 1243 National City Boulevard, National City, California, 91950. The business to be transacted at said meeting will be for the City Council to consider the following:

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER

ROLL CALL
PUBLIC COMMENT: (Public Comment will be restricted to Agenda Items only) PUBLIC HEARING: ORDINANCES AND RESOLUTIONS

1. Public Hearing to Consider District Elections and Numbering Districts Map. (City Clerk)

2. Public Hearing to Consider District Elections and Random Draw to Determine Sequencing. (City Clerk)

3. An Urgency Ordinance Of The City Council Of The City Of National City, California, Establishing City Council Election District Boundaries, Sequencing Elections Within Those Boundaries, And Adding Chapter 2.77 ("By-District Elections") Of Title 2 ("Administration") To The National City Municipal Code To Change The City's Electoral System From At-Large To By-District With Respect To Electing Members Of The City Council. (City Attorney)

ADJOURNMENT
Next Regular City Council Meeting: Tuesday, April 5, 2022, 6:00 p.m., City Council Chambers, Civic Center- National City, California.

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: March 21, 2022 AGENDA ITEM NO. I 1
ITEM TITLE:

Public Hearing to Consider District Elections and Numbering Districts Map (City Clerk) PREPARED BY: |Shelley Chapel, Deputy City Clerk DEPARTMENT: City Clerk's Office PHONE: 619-336-4228; APPROVED BY: ShelUy Chapel
EXPLANATION:

Public Hearing and Numbering Districts Maps. Open, conduct, and close a public hearing to number Districts Map.

Presentation of final map as adopted by the City Council Tuesday, March 15, 2022, also known as submission #4 of the maps presented for final consideration.

FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
This report does not reflect financial any changes to the budget at this time.

ENVIRONMENTAL REVIEW:

This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2)
ORDINANCE: INTRODUCTION: [T FINAL ADOPTION: |T~
STAFF RECOMMENDATION:

Hold the Public Hearing, receive public comment and number Districts Map.

BOARD / COMMISSION RECOMMENDATION:

None.:

ATTACHMENTS:

Exhibit 1: Explanation
Exhibit 2: Final Map Proposal Numbering

EXHIBIT 1
Background
On December 21, 2021, the City Council voted to change the way the City Councilmembers are elected, transitioning to district based elections for the four City Councilmember seats. The Mayor would remain elected at-large. This transition requires that the City create districts and adopt a boundary map.

On Thursday, February 3, 2022, the City Council conducted the first required Public Hearing to provide information to the public on the districting process, the permissible criteria to be considered to draw district boundaries, and the process on how to submit draft maps for consideration, as well as to receive public comment. One verbal comment was received from Ken Seaton-Msemaji and three (3) written comments received from Rocina Lizarraga, Joan Rincon, and Evangline Meneses. In attendance were consultants from Redistricting Insights, SVPR Communications, and City staff. One member of the public registered for the meeting and attended via Zoom.

On Saturday, February 5, 2022, Community Workshop was held to provide information to the public on the process of creating districts for elections and the process on how to submit draft maps for consideration, as well as to receive public comment. The demographer provided an explanation on the districting process, and provided mapping tool training. Four (4) verbal comments were received from Cynthia Suero-Gabler, Gloria Cooper, Ken Seaton-Msemaji, and Mitz Lee. In addition, one (1) written comment was received from Thelma De Castro. In attendance were consultants from Redistricting Insights, SVPR Communications, and City staff. Five (5) members of the public registered for the meeting and attended via Zoom.

On Tuesday, February 22, 2022, the City Council conducted the second required Public Hearing accepting maps submitted for consideration. The demographer introduces the five (5) maps submitted and the public provided and presented a PowerPoint Presentation on the process. Cynthia Suero-Gabler representing the Asian Pacific American Coalition also provided a PowerPoint Presentation. Eight (8) verbal comments were received from Kandi Custodio-Tan, Alicia Sanchez, Monserrat Hernandez, Margarita Moreno, Silvia Calzada, JoAnn Fields, Ditas Yamane, and Ken Seato-Msemaji. In addition, nineteen (19) written comments were received from Kirin Macapugay, Thelma Virata de Castro, DJ Kuttin Kandi, Tony Olaes, Ted Godshalk, Nicole, Shawn Chua, Mark Leo, Czeska Cabuhat, Khue Tran, Marianne Delatorre, Andrew Amorao, Kristina Mananquil, Jose Ceja, Myleen Abuan, Alicia Ricafrente, Wendy Aragon-Mills, Salvador B. Flor, and Debbie Discar-Espe. In attendance were consultants from Redistricting Insights, SVPR Communications and City staff. Fifteen (15) members of the public registered for the meeting and attended via Zoom.

Twenty-Eight signed maps were received in support of the Asian Pacific American Coalition Proposed Map #1.

The four (4) districts must be drawn using the 2020 census data and in compliance with the FAIR MAPS Act (Act), which was adopted by the California Legislature as Assembly Bill 849 and took effect January 1, 2020.

On Saturday, March 5, 2022, the City Council conducted the third required Public Hearing accepting maps for consideration. The demographer provided eight (8) maps submitted and the public provided and presented a PowerPoint Presentation. Mark Lea representing the South Bay Collective for Fair Representation for National City Districting. Twelve (12) verbal comments were received from Myleen Abuan, Kandi Custodio-Tan, Jose Franco-Garcia, Monserrat Hernandez, Alicia Sanchez, Silvia Calzada, Marianne Delatorre, Kristina Piggy, Pebblz Luv, Mae Case, and JoAnn Fields. In addition, twenty-four (24) written comments were received from Alfredo Leano, Alicia Ricafrente, Amy Castaneda, Andrew Amorao, Angela Subido, Charlene Villena, Cynthia "CK" Suero-Gabler, Neighborhood Voices of San Diego, Diana Laranang, Dr. DJ Kuttin Kandi, Ellen Nash, H. Bradley Bang, List of Names in Support of APAC Map submittal, Kathy Vilaysith, Kylie Taitano, Lorilee San Agustin, Mitz Lee, Myrna TF Reyes, Nao Kabashima, Neal Ortiguerra, Ron T. Cho, Shawn Chua, and List of Names in Support of APAC Map Submittal - Voting Rights Act Now. (Lists of names are available in the City Clerk's office and on the City website).

Page 1 of 28 ends

Under the Act, the maps are drawn and adopt boundaries using the following criteria in the listed order of priority:

1. Comply with the federal requirements of equal population and the Voting Rights Act.

2. Geographically contiguous

3. Undivided neighborhoods and "communities of interest" (socio-economic geographic areas that should be kept together)

4. Easily identifiable boundaries

5. Compact (do not bypass one group of people to get a more distant group of people)

6. Shall not favor or discriminate against a political party.

On Tuesday, March 15, 2022, at a Special Meeting of the City Council consideration of the eight (8) final draft maps presented for consideration. The City Council adopted the public Submittal #4 as the final map for the by-district elections with a vote of 4-1, with Councilmember voting No.

Ten (10) verbal comments were received from Monserrat Hernandez, Alicia Sanchez, Myleen Abuan, Kandi Custodio-Tan, Jose Franco Garcia, Marianne Delatorre, Mae Case, Kristina Manaquil, Julio DeGuzman, and Joann Fields. In addition, twenty-six (26) written comments were received from Teddy Datuin, Stacey Uy, Cynthia Suero-Gabler, Femie Villaflores, Ken Seaton-Msemaji, Myrna TF. Reyes, Alfredo Leano, David Garcias, Joyce Ann Eclarino, Angelica Ramirez, Silvia Calzada, Joseph V. Mazares III, Eric of the Asian Solidarity Collective, Pebblz Luv, Dyno of the Asian Solidarity Collective, Ron Cho, Diana Go, Debbie Espe, Amy Castaneda, Aurora Soriano Cudal, Angela Subido, Jerry Cano, Karla Nava, Jose Lopez, Board of Directors - COPAO, and Mark Leo.

Due to the COVID Pandemic all meetings will be held via Zoom. Staff has also created a District Elections webpage on the City website at www.nationalcitvca.Qov/aovernment/redistrictinQ to provide updated information throughout the process.

The meetings are as follows:

Held: Thursday, February 3, 2022 at 6:05 - 6:58 p.m. - Public Hearing #1 Saturday, February 5, 2022 at 10:03 -11:26 a.m. - Community Workshop/Information Session Tuesday, February 22, 2022 at 3:00 - 4:00 p.m. - Public Hearing #2 - Introduction of Maps Saturday, March 5, 2022 at 9:30 - 10:30 a.m. - Public Hearing #3 - additional Vetting of Potential Maps
Tuesday, March 15, 2022 at 4:00 p.m. to 5:00 p.m. - Public Hearing #4 - Adoption of District Map

Present: Monday, March 21, 2022 at 3:00 p.m. - 1) Public Hearing to Consider District Elections and Numbering Districts Map; 2) Public Hearing to Conduct Random Drawing to Determine Sequence of District Elections; and 3) An Urgency Ordinance of the City Council of the City of National City, California, Establishing City Council Election District Boundaries, Sequencing Elections Within Those Boundaries, and Adding Chapter 2.77 ("By-District Elections") of Title 2 ("Administration") to the National City Municipal Code to Change the City's Electoral System from At-Large to By-District with Respect to Electing Members of the City Council.

At the conclusion of the March 15, 2022, public hearing the Council voted to direct staff to prepare an ordinance adopting the final map, the City's voting district map an eligible map submitted by the public referred to as Submittal #4. In addition, the City Council directed staff to return with a report to number the districts, and another report to provide guidelines for a random draw to determine the sequencing of the districts (evens/odds) will be placed on future elections in November 2022 and November 2024. The draw will be conducted during the Special City Council Meeting via Zoom by the Office of the City Clerk.

Page 2 of 28 ends

Community Outreach
The City has partnered with a consultant, Redistricting Insights, to utilize 2020 Federal Census data to determine district options for consideration. The City is working collaboratively with Falcon Strategies to engage the community and distribute information in multiple languages to ensure participation from all segments of the community.

To date outreach has included:

1. City Social Media (Facebook, Instagram, Twitter) and the City website (District Elections) page.

2. The City website page and social media includes translations of all documents in Spanish, and Tagalog.

3. Legal Noticing (English, Spanish, Tagalog) in The Star News, El Latino, and the Filipino Press. Also available on the City Bulletin Boards at City Hall and the City website Districting page.

4. Interviews with the City Clerk on Telemundo TV, NBC and CBS

5. Kiosks set up at the Library to assist with online mapping tool

6. Assistance at Library with the paper map drawing process

7. Livestreaming of public meetings on the City website and videos posted for future viewing.

November 2022 Elections
The City Council has determined that transitioning to by-district elections would be in the best interest of the City. This will be effective once an Urgency Ordinance is adopted and the Municipal Code changed to reflect the new process. Pursuant to California Government Code Section 34886, Councilmembers and future candidates would be elected to represent a district, and must reside in that district and be a registered voter in that district. The Mayor would remain at-large representing the City as a whole.

The first by-district election would occur in November 2022 with the current terms of Mayor Sotelo-Solis, Councilmember Morrison, and Councilmember Rios ending. They may be considered for re-election depending on the final map adopted, which office they choose to pursue and the location of their residence.

For those Councilmembers currently in office at the time of the Ordinance codification, they shall continue in office until the expiration of the full term to which they were elected and until a successor is qualified. At the end of the term, each Councilmember thereafter, shall be elected on a by-district basis.

Recommendation
It is recommended that the City Council assign numbers to districts 1 -4 in a clockwise direction on the Final District Map.

Page 3 of 28 ends

EXHIBIT 1

DISTRICTING NATIONAL CITY
Final Map Proposal (Public Submission 4)
Numbering Scenarios
March, 2022
B Redistricting
Insights Page 4 of 28

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO A
2020 Census Count*
Deviation #
Deviation %
2010 Census Count
2019CVAP*
2010 CVAP
District 1 District 2 District 3 District 4 District 1
13,989 13,782 14,606
l -97 -104 -311 513
-0.7% -0.7% -2.2% 3.6%
13,039 13,697 17,840 14,040
I 8,733 8,204 12,235 8,572
6,857 6,873 8,483 6,571
B Redistricting
Insights

Page 5 of 28 ends

''Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO A
Bonita
1 \\ '" J x v\' ;' ". nerav'Vv
Leaflet] Tiles <E>Esn — National Geography, Esn. DeLorme. NAVTEQ. UNEP-WCMC, USGS. NASA. ESA, METI. URCAH. GEBCO, NOAA, PC B Redistricting
Insights

Page 6 of 28 ends

Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO A
DISTRICT 1
II ■ I ! . ■
3> '■ Jl •
SololaAva Reynolds SI
at Ave
i
^ m,
-a. _ - . ■■ . .:'-■. . : . r - r.v-■•■..,::■■■: .::-: ;.ASA.ESA,METI, NRCAH. GEBCO, NOAA,PC 2020 2019
Total
Count* CVAP*
Total 13,996 8,733
White 8.85% 14.61%
Black 3.74% 4.44%
Asian 36.52% 34.05%
Hispanic 47.23% 43.48%
L Redistricting
Insights

Page 7 of 28 ends

Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO A
DISTRICT 2
B Redistricting
Insights

Page 8 of 28 ends

*Adjusted for prisoner reallocation
2020 2019
Total
Count* CVAP*
Total 13,989 8,204
White 8.97% 16.76%
Black 3.44% 3.23%
Asian 12.88% 11.51%
Hispanic 71.61% 63.30%

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO A
DISTRICT 3
L Redistricting
Insights

Page 9 of 28 ends

Adjusted for prisoner reallocation
2020 2019
Total
Count* CVAP*
Total 13,782 12,235
White 7.89% 22.35%
Black 3.35% 11.66%
Asian 10.81% 9.20%
Hispanic 75.07% 53.72%

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO A
DISTRICT 4
y*"" Aip*a Sf
Pari
Keeler Ave
Gamr
w 5 ^
■ Leafie!. *iesgiE5i.— National Geographic. Esn. 0«Lorme. HA-/TEQ. UNEP-WCMC, US6S. HASA. ESK IJ-TI LP.CJ-K Gt-BCC :;0~.~ .PC B Redistricting
Insights

Page 10 of 28 ends

Adjusted for prisoner reallocation
2020 2019
Total
Count* CVAP*
Total 14,606 8,572
White 6.27% 11.23%
Black 3.92% 4.96%
Asian 16.57% 18.29%
Hispanic 69.96% 64.72%

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO B
2020 Census Count*
Deviation #
Deviation %
2010 Census Count
2019CVAP*
2010 CVAP
District 1 District 2 District 3 District 4
13,989 13,782 14,606 13,996
-104 -311 513 -97
-0.7% -2.2% 3.6% -0.7%
13,697 17,840 14,040 13,039
8,204 12,235 8,572 8,733
6,873 8,483 6,571 6,857
L Redlstricting
Insights Page 11 of 28
''Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO B
B Redistricting
Insights

Page 12 of 28 ends

Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO B
DISTRICT 1
A.
■■-v ■•".*}
RohiP«iV
U Miimripl
■
W**
Leaftri I Tde» g> Esn — national Geoqmphk: ESQ. DeLorme. HAVTEO. UNEP-WCMC. USGS. HASA. ESA. METl NRCAN GEBCO. KOAA. IPC L Redistricting

Page 13 of 28 ends

Adjusted for prisoner reallocation
2020 2019
Total
Count* CVAP*
Total 13,989 8,204
White 8.97% 16.76%
Black 3.44% 3.23%
Asian 12.88% 11.51%
Hispanic 71.61% 63.30%

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO B
DISTRICT 2
■•»•■*■■ '.-■■' =v -I.alipna. Geographi c. Esn.OcLormc.HAVTEC . ■.;- . •■■ :; ;.s. NASA. ESA. MET], NftCAN, GEBCO. NOAA. iPC L Redistricting
Insights

Page 14 of 28 ends

Adjusted for prisoner reallocation
2020 2019
Total
Count* CVAP*
Total 13,782 12,235
White 7.89% 22.35%
Black 3.35% 11.66%
Asian 10.81% 9.20%
Hispanic 75.07% 53.72%

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO B
DISTRICT 3
o
Leaflet I THeft S> Ean — National Geographic Esri DtLorme. MAVTEQ. UHEP-WCMC. USGS NASA, ESA. HETl NRCAH. GEBCO. NOAA PC 2020 2019
Total
Count* CVAP*
Total 14,606 8,572
White 6.27% 11.23%
Black 3.92% 4.96%
Asian 16.57% 18.29%
Hispanic 69.96% 64.72%
L [ Redistricting
* Insights

Page 15 of 28 ends

*Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO B
DISTRICT 4
111
_1J rJjajjeTJtesJijsfi-^UalpnalGepgrapto^ ;■:.:■
B Redistrlcting
Insights

Page 16 of 28 ends

*Adjusted for prisoner reallocation
2020 2019
Total
Count* CVAP*
Total 13,996 8,733
White 8.85% 14.61%
Black 3.74% 4.44%
Asian 36.52% 34.05%
Hispanic 47.23% 43.48%

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO C
2020 Census Count*
District 1 District 2 District 3 District 4
2020 Census Count* 13,782 14,606 13,996 13,989
Deviation # -311 513 -97 -104
Deviation % -2.2% 3.6% -0.7% -0.7%
2010 Census Count 17,840 14,040 13,039 13,697
2019CVAP* 12,235 8,572 8,733 8,204
2010 CVAP 8,483 6,571 6,857 6,873
L Redlstricting
Insights

Page 17 of 28 ends

'Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO C
Bonita
■PT-' \r^ ' Anitd St
N(BS " H. ft! ' ' A i\ ill ' --^ M i n..-.ov:.

P*^ 0 Lea flet; Tiles © Esn — national Geographic. Esn. DeLorme, NAVTEQ. UNEP-WCMC. USGS. NASA. ESA, METl, NRCAN. GEBCO. NQAA. PC B Redistricting
Insights

Page 18 of 28 ends

Adjusted for prisoner realiocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO C
DISTRICT 1
■?■ Es" - Nalcnal Geographic. tin Dt Lorme NAVTEO UNEP-WCMC. USGS. NASA [ ESA. METl NRCAN. GEBCO NOAA PC L Redistrictlng
Insights

Page 19 of 28 ends

Adjusted for prisoner reallocation
2020 2019
Total
Count* CVAP*
Total 13,782 12,235
White 7.89% 22.35%
Black 3.35% 11.66%
Asian 10.81% 9.20%
Hispanic 75.07% 53.72%

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO C
DISTRICT 2
La: \
• Leaflet I Ties <BEsn — Habonal Geographic. Esn. Delorme HAVTEQ. UHEP-WCUC. USGS. NASA, ESA. METl HRCAN. GEBCO. HOAA PC B Redistrictlng
Insights

Page 20 of 28 ends

Adjusted for prisoner reallocation
2020 2019
Total
Count* CVAP*
Total 14,606 8,572
White 6.27% 11.23%
Black 3.92% 4.96%
Asian 16.57% 18.29%
Hispanic 69.96% 64.72%

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO C
DISTRICT 3
Lenrwl Tiles g Esn — national Geograpnc EsnPelofme HAVTEO. UHEP-WCHC. USGS. NASA ESA. UETl NRCAU GEBCO HOAA, PC 2020 2019
Total
Count* CVAP*
Total 13,996 8,733
White 8.85% 14.61%
Black 3.74% 4.44%
Asian 36.52% 34.05%
Hispanic 47.23% 43.48%
Redistricting

Page 21 of 28 ends

*Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO C
DISTRICT 4
St
.
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Insights Page 22 of 28
^Adjusted for prisoner realhcation
2020 2019
Total
Count* CVAP*
Total 13,989 8,204
White 8.97% 16.76%
Black 3.44% 3.23%
Asian 12.88% 11.51%
Hispanic 71.61% 63.30%

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO D
2020 Census Count*
District 1 District 2 District 3 District 4
2020 Census Count* 14,606 13,996 13,989 13,782
Deviation # 513 -97 -104 -311
Deviation % 3.6% -0.7% -0.7% -2.2%
2010 Census Count 14,040 13,039 13,697 17,840
2019 CVAP* 8,572 8,733 8,204 12,235
2010 CVAP 6,571 6,857 6,873 8,483
Redistricting
K. Insights

Page 23 of 28 ends

"Adjusted fon prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO D
Coronado
Bonita
NcoSan h I : ,\ \\\ ' I ^ H , ftrayWi
pi *9° Leaflet. Tiles g Esr. — national Geographic, Esn. DeLorme. HAVTEQ. UNEP-WCMC, USGS, NASA. ESA. METl. NP.CAK. GESCO. HOAA. PC L Redistrictlng
Insights

Page 24 of 28 ends

Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO D
DISTRICT 1
kJLl . ', Leaflet I Tito CEsn — HslionalGeociapnic Esn DeLorme. HAVTCQ, UNEP-WCMC. USGS. I1ASA ESA ME'i MgCAN GEBCO, NOAA, PC 2020 2019
Total
Count* CVAP*
Total 14,606 8,572
White 6.27% 11.23%
Black 3.92% 4.96%
Asian 16.57% 18.29%
Hispanic 69.96% 64.72%
L Redistricting
Insights

Page 25 of 28 ends

Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO D
DISTRICT 2
"" VI
5 SalfflaAve R«vnolds SI
'" _'
LeaVi ~ies S Es'i — national Geoyaphic Esn. CeLorme HAVTEO. UHEP-'.VCMC USSS MASA ESA MET! r.fiCAN. GEBCO. NOAA, iPC 2020 2019
Total
Count* CVAP*
Total 13,996 8,733
White 8.85% 14.61%
Black 3.74% 4.44%
Asian 36.52% 34.05%
Hispanic 47.23% 43.48%
B Redistricting
Insights

Page 26 of 28 ends

Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO D
DISTRICT 3
Delia Si
: '-V/...<•
Delia Si
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&
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- NationalGeographic. Esn e, NAVTK ',-:..■ :. USGS. HASA. ESA. ME .:
2020 2019
Total
Count* CVAP*
Total 13,989 8,204
White 8.97% 16.76%
Black 3.44% 3.23%
Asian 12.88% 11.51%
Hispanic 71.61% 63.30%
B Redistricting
Insights

Page 27 of 28 ends

Adjusted for prisoner reallocation

DISTRICTING NATIONAL CITY

NUMBERING SCENARIO D
DISTRICT 4
Chula
Vista
NtSSun =
Diego in
wCEw-HalcnalGeoora pmc £»r. DtLorme jtWTEQ ui.EP--.vCMC USG5 HASA ££A METI. HRCAN. GEBCO, HOAA. IPC 2020 2019
Total
Count* CVAP* I
Total 13,782 12,235
White 7.89% 22.35%
Black 3.35% 11.66%
Asian 10.81% 9.20%
1 Hispanic 75.07% 53.72%
B Redistricting
Insights

Page 28 of 28 ends

Adjusted for prisoner reallocation

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: March 21, 2022 AGENDA ITEM NO. I 2
ITEM TITLE:

Public Hearing to Consider District Elections and Random Draw to Determine Sequencing (City Clerk) PREPARED BY: |Shelley Chapel, Deputy City ClerH DEPARTMENT: City Clerk's Office PHONE: 619-336-4228| APPROVED BY: Shelley Chapel
EXPLANATION :

Public Hearing and Numbering Districts Maps. Open, conduct, and close a public hearing to determine sequencing of the Districts Map.

Presentation of final map as adopted by the City Council Tuesday, March 15, 2022, also known as submission #4 of the maps presented for final consideration.

FINANCIAL STATEMENT : APPROVED: Finance
ACCOUNT NO. | APPROVED: MIS
|This report does not reflect financial any changes to the budget at this time.! ENVIRONMENTAL REVIEW:

This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2)
ORDINANCE: INTRODUCTION: [T FINAL ADOPTION: |T~
STAFF RECOMMENDATION:
[Hold the Public Hearing, receive public comment, and conduct the random draw, and direct City Clerk to file Ordinance and District Map with the San Diego County Registrar of Voters to be included on the November 2022 Ballot, j BOARD / COMMISSION RECOMMENDATION:

None.!
ATTACHMENTS:

Exhibit 1 - Explanation

EXHIBIT 1
Background
On Tuesday, March 15, 2022, at a Special Meeting of the City Council consideration of the eight (8) final draft maps presented for consideration. The City Council adopted the public Submittal #4 as the final map for the by-district elections with a vote of 4-1, with Councilmember Morrison voting No.

At the conclusion of the March 15, 2022, public hearing the Council voted to direct staff to prepare an ordinance adopting the final map, the City's voting district map an eligible map submitted by the public referred to as Submittal #4. In addition, the City Council directed staff to return with a report to number the districts, and another report to provide guidelines for a random draw to determine the sequencing of the districts (evens/odds) will be placed on future elections in November 2022 and November 2024. The draw will be conducted during the Special City Council Meeting via Zoom by the Office of the City Clerk.

Draw Process would be conducted via Zoom - City background would be removed on camera so that there is no interference with view or dead spots on screen while showing the complete process.

Participants: Office of the City Clerk
Slips of paper will be drawn to determine the pair of districts to be assigned to the November 2022 Election and the second draw will be assigned to the November 2024 Election.

The results of the draw are final and confirmed and memorialized by a majority vote of the City Council.

Recommendation
Hold the Public Hearing, receive public comment, and conduct the random draw, and direct the City Clerk to file the Ordinance and District Map with the San Diego County Registrar of Voters to be included on the November 2022 Ballot.

Next Steps
The new district boundary map must be submitted to the County Registrar no later than April 17, 2022 due to the timelines associated with the November election.

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: 3/21/2022 AGENDA ITEM NO. 3
ITEM TITLE:

Urgency Ordinance Of The City Council Of The City Of National City, California, Establishing City Council Election District Boundaries, Sequencing Elections Within Those Boundaries, And Adding Chapter 2.77 ("By-District Elections") Of Title 2 ("Administration") To The National City Municipal Code To Change The City's Electoral System From At-Large To By-District With Respect To Electing Members Of The City Council
PREPARED BY: Charles E. Bell, Jr., City Attorney DEPARTMENT: City Attorney's Office PHONE: Ext. 4222 APPROVED BY: CJM^&L^ (^P QM, CJ*.

EXPLANATION:

See attached Staff Report.

FINANCIAL STATEMENT: APPROVE Finance.

ACCOUNT NO. APPROVED: MIS
There are no costs associated with adopting a City Council election district map.

ENVIRONMENTAL REVIEW:

This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).

ORDINANCE: INTRODUCTION: | | FINAL ADOPTION: X
STAFF RFHOMMFNnATION-
Recommends Adopting the Urgency Ordinance Of The City Council Of The City Of National City, California, Establishing City Council Election District Boundaries, Sequencing Elections Within Those Boundaries, And Adding Chapter 2.77 ("By-District Elections") Of Title 2 ("Administration") To The National City Municipal Code
BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

Staff Report
Urgency Ordinance

*- CALIFORNIA *-«■
RATIONAL CITy rl J
^CORPORATE!)

CITY OF NATIONAL CITY

STAFF REPORT
DATE: March 21, 2021
TO: Mayor and City Council
FROM: Charles E. Bell, Jr., City Attorney
Aleks R. Giragosian, Colantuono, Highsmith & Whatley, PC SUBJECT: Urgency Ordinance Of The City Council Of The City Of National City, California, Establishing City Council Election District Boundaries, Sequencing Elections Within Those Boundaries, And Adding Chapter 2.77 ("By-District Elections") Of Title 2 ("Administration") To The National City Municipal Code To Change The City's Electoral System From At-Large To By-District With Respect To Electing Members Of The City Council.

Staff Recommendation:

Approve An Urgency Ordinance Of The City Council Of The City Of National City, California, Establishing City Council Election District Boundaries, Sequencing Elections Within Those Boundaries, And Adding Chapter 2.77 ("By-District Elections") Of Title 2 ("Administration") To The National City Municipal Code To Change The City's Electoral System From At-Large To By-District With Respect To Electing Members Of The City Council.

Background:

On November 8, 2021, the City of National City received a letter via certified mail from attorney Audie J. de Castro of de Castro, P.C. claiming to represent members of the City's Filipino/API community.

The letter contains unsubstantiated allegations that the City's at-large elections system prevents members of National City's Filipino/API community from electing their preferred candidate(s) and violates the California Voting Rights Act ("CVRA"). The letter demands that the City transition from an at-large to a by-district election system to remedy this alleged violation.

Resolution of Intention to Transition to Districts:

Unlike the Federal Voting Rights Act, the CVRA makes it easier to challenge a city's electoral system if there is any evidence of racially polarized voting. Due to the highly technical nature of such litigation, the cost of defending a challenge under the CVRA can exceed several hundred thousand dollars. To i

date, no City has successfully defended against a CVRA lawsuit. A loss bears the additional risk of a potential award of attorneys' fees to plaintiffs.

In 2014, the State Legislature adopted safe harbor provisions to provide some relief to cities facing expensive CVRA litigation. Elections Code section 10010 states that a potential litigant may not commence an action under the CVRA within 45 days of the City's receipt of the written notice. (Elec.

Code§ 10010(e)(2).) During that 45-day period, the City "may pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated timeframe for doing so." (Elec. Code§ 10010(e)(3)(A).) On December 21, 2021, the City Council approved Resolution No. 2021- 201, declaring its intent to transition from at-large to by-district elections under the safe harbor provisions of Elections Code section 10010. The City contracted with Redistricting Insights, Inc. to draw draft election district maps for the City Council's consideration and to make a map drawing software available to its residents. The City contracted with Falcon Strategies LLC to assist in its public outreach efforts and encourage residents' participation in the process.

Public Hearings and Maps:

The City held the statiitorily required number of public hearings and workshops. Before drawing draft maps of the proposed boundaries of the districts, the City held public hearings on February 3, 2022 and February 22, 2022 and a community workshop on February 5, 2022, to invite the public to provide input regarding the composition of the districts and communities of interest. After the draft maps were drawn, the City held additional public hearings on March 5, March 15, and March 21, 2022, to invite the public to provide input regarding the draft maps, the district's numbering and the proposed sequence of elections.

The deadline to adopt a draft map is 90 days from the December 21, 2021 adoption of the Resolution of Intention. The 90 days expires on March 21, 2022. In total, the City received thirteen (13) maps — ten (10) were drawn by members of the public and three (3) were drawn by the City's demographer. At its March 5, 2022 special meeting, the City Council narrowed its consideration of draft maps to Public Submission 1, Public Submission 1 (adjusted) and Public Submission 4. At its March 15, 2022, special meeting, the City Council adopted Public Submission 4.

At its March 21, 2022 special meeting, the City Council must adopt an ordinance approving a draft map and a method to sequence elections for the approved map. Included as Attachments A-1, A-2, A- 3, and A-4 is the adopted map with the potential district numbering and election sequencing.

Included as Attachment B is Urgency Ordinance. An urgency ordinance is necessary given the 90 day time limit to transition to by-district elections under the safe harbor provisions and the potential exposure to litigation and attorneys' fees associated with adopting a map after March 21, 2022. Unlike a regular ordinance, an urgency ordinance can be introduced and adopted after first reading and takes effect immediately.

Upon adoption, the City must submit a copy of the Urgency Ordinance and the demographer's related shape files to the San Diego County Registrar of Voters by April 17, 2022. The adopted election district map will be used for the November 2022 general municipal election. 2 UREGENCY ORDINANCE NO. 2022 - 2497

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL

CITY, CALIFORNIA, ESTABLISHING CITY COUNCIL ELECTION DISTRICT

BOUNDARIES, SEQUENCING ELECTIONS WITHIN THOSE BOUNDARIES, AND ADDING CHAPTER 2.77 ("BY-DISTRICT ELECTIONS") OF TITLE 2 ("ADMINISTRATION") TO THE NATIONAL CITY MUNICIPAL CODE TO CHANGE

THE CITY'S ELECTORAL SYSTEM FROM AT-LARGE TO BY-DISTRICT WITH

RESPECT TO ELECTING MEMBERS OF THE CITY COUNCIL

CITY ATTORNEY SUMMARY
This Ordinance changing the City's Electoral System from At-Large to By-District with Respect to Electing Members of the City Council
WHEREAS, the Mayor and four members of the City Council of the City of National City ("City") are currently elected in "at-large" elections, in which the Mayor and each City Councilmember are elected by the registered voters of the entire City; and WHEREAS, Government Code section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an "at-large" system to a "by-district" system in which each Councilmember is elected only by the voters in the district in which the Councilmember resides; and WHEREAS, the City received a letter dated November 8,2021 containing unsubstantiated allegations that the City's at-large electoral system prevents members of National City's Filipino/API community from electing their preferred candidate and violates the California Voting Rights Act ("CVRA") and threatening litigation if the City declined to adopt a district-based electoral system; and
WHEREAS, the City Attorney has advised that given the CVRA's elimination of two elements of the U.S. Supreme Court's requirements to establish a federal Voting Rights Act challenge under Thornburgv. Gingles (1986) 478 U.S. 30, a CVRA challenge is more easily made on the basis of an argument that "racially polarized voting" exists, regardless of whether racial minorities have successfully elected preferred candidates in the past under an at-large electoral system or whether there is an absence of historical racial discrimination in the electoral system based on the totality of the circumstances; and
WHEREAS, the cost of defending a challenge under the CVRA can exceed several hundred thousand dollars, no City has ever prevailed to date in defending a CVRA lawsuit challenging at-large electoral systems, and the risk of losing such a challenge includes the possible award of attorneys' fees to the plaintiffs by a court; and

Page 1 of 4 ends

WHEREAS, the City Council has concluded, on the advice of the City Attorney, that the public interest would be better served by considering a transition to a district-based electoral system pursuant to the "safe harbor" provisions of Elections Code section 10010; and WHEREAS, pursuant to Elections Code Section 10010, Subdivision (e)(3)(A), the City Council adopted Resolution No. 2021 -201 on December 21, 2021, declaring its intent to transition from an at-large to a district-based elections system; and WHEREAS, the City contracted with Redistricting Insights, Inc. to draw draft election district maps for the City Council's consideration and to make a map drawing software available to its residents; and
WHEREAS, pursuant to Elections Code Section 10010, Subdivision (a)(1), the City contracted with Falcon Strategies LLC to publicize the public hearings and workshop by City website, City Social Media (Facebook, Twitter, Instagram), El Latino Newspaper, Filipino Press Newspaper, The Star News Newspaper, Posting Notices on City Hall Bulletin Boards located outside of City Hall, Radio Latina Interview of City Clerk, CBS Interview of City Clerk, Flyers, all in English, Spanish and Tagalog translations, and
WHEREAS, pursuant to Elections Code Section 10010, Subdivision (a)(1), before drawing draft maps of the proposed boundaries of the districts, the City held a public hearmg on Febmary 3, 2022, a community workshop on Febmary 5, 2022, and a public hearing on Febmary 22, 2022, to invite the public to provide input regarding the composition of the districts and communities of interest; and
WHEREAS, pursuant to Elections Code Section 10010, Subdivision (a)(2), after the draft maps were drawn, the City held public hearings on March 5, 2022, March 15, 2022, and March 21, 2022, to invite the public to provide input regarding the content of the draft maps and the proposed sequence of elections; and
WHEREAS, pursuant to Elections Code Section 10010, Subdivision (a)(2), the draft maps were published at least seven days before consideration at each public hearing; and WHEREAS, the adoption of a district-based electoral system will not affect the terms of any sitting Councilmember or Mayor in office at the time of the adoption of an ordinance instituting a district-based voting system, each of whom will serve out his or her current term.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by reference.

SECTION 2. Addition. Chapter 2.77 ("By-District Elections") of Title 2 ("Administration") is added to the National City Municipal Code to read as follows:

Page 2 of 4 ends

"Chapter 2.77 - By-District Elections

2.77.010-Puipose.

The city council declares that this change in method of electing members of the city council is enacted in furtherance of the California Voting Rights Act of 2001.

2.77.020 - By-district elections
Commencing with the general election in November 2022, the four members of the city council shall be elected in the electoral districts established by 2.77.030 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 member of the city council shall be elected from each district by the voters of that district alone.

2.77.030 - District boundaries.

Members of the city council shall be elected on a by-district basis from the four city council districts, the boundaries of which shall be identified in the City Council District Map.

2.77.040 - Term and election sequence.

Members of the city council shall be elected to a four year term in accordance with the election sequence identified in the City Council District Map.

2.77.050 - City council residency
Each member of or candidate for the city council must reside in the district and be a registered voter in the district in which he or she seeks election at the time nomination papers are issued pursuant to Government Code Section 34882 and Elections Code Section 10227. Any sitting city councilmember elected at-large may reside anywhere within the city during the pendency of his or her term.

2.77.060 — Termination of residency
Termination of residency in a district by a member of the city council elected by-district shall create a vacancy for that city council district unless a substitute residence within the district is immediately declared and established within thirty days after the termination of residency. In the event that a vacancy is created as a result of termination of residence as provided herein, such vacancy shall be filled pursuant to the provisions of the Elections Code.

2.77.090 - Mayor elected at-large
The office of the mayor shall be elected at-large under Government Code section 34900.''

Page 3 of 4 ends

SECTION 3. City Council District Map. The City Clerk is directed to post a copy of the City Council District Map, included in this Ordinance as Attachment A, to the City's website.

SECTION 4. District Boundaries. The City Clerk is directed to request the demographer provide a list of the census tracts and/or blocks for each district and to attach that list to this Ordinance as Attachment B.

SECTION 5. Controlling Authority. If there is a discrepancy between the adopted map in Attachment A and the list in Attachment B, the adopted map in Attachment A shall control.

SECTION 6. Urgency Findings. This Ordinance should be passed immediately by a four- fifths vote under Government Code section 36934 as an "Urgency Ordinance" to accommodate the statutory timelines under Elections Code Section 10010 and to preserve the public fisc, peace, and welfare.

SECTION 7. Transmittal to County. The City Clerk is directed to provide a signed original of this Ordinance to the San Diego County Registrar of Voters.

SECTION 8. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 9. Effective Date. This Urgency Ordinance shall take effect immediately after its passage and adoption pursuant to California Government Code Section 36937; it or a summary of it shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California.

PASSED and ADOPTED this 21st of March, 2022.

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk
APPROVED AS TO FORM:

Charles E. Bell, Jr., City Attorney

Page 4 of 4 ends

ATTACHMENT A
Final District Map
To Be Attached Following
Adoption of Map and
Ordinance

ATTACHMENT B
To Be Attached
Following Adoption of
Map and Ordinance

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