CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
2/28/2022
1 SUBJECT:
Redistricting - Public Hearing #3 to Receive Input Regarding Proposed Draft District Maps, Composition of Council District Boundaries; Select Final Map and Introduce an Ordinance of the City Council of the City of Pacifica Amending Title 2, Chapter 9, “District Elections” to Repeal and Replace Section 2-9.02 “City Council Districts Established” of the City of Pacifica Municipal Code to Adopt City Council District Boundaries Based on 2020 Census Data RECOMMENDED ACTION:
1. Conduct the Public Hearing to Receive Input Regarding Proposed Draft District Maps and Composition of Council District Boundaries; and
2. Select Final Map and Introduce by Title Only and Waive the First Reading of an “Ordinance of the City Council of the City of Pacifica Amending Title 2, Chapter 9, “District Elections” by Repealing and Replacing Section 2-9.02, “City Council Districts Established” of the City Of Pacifica Municipal Code to Adopt City Council District Boundaries Based on 2020 Census Data; and finding ordinance exempt under the California Environmental Quality Act (“CEQA”).
STAFF CONTACT:
Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:
On December 17, 2018, the City Council of the City of Pacifica adopted Ordinance No. 839- C.S., establishing a district-based system for the election of members of the City Council by five districts, establishing the boundaries and identification number of each district and establishing the election order of each district. This ordinance added Chapter 9 “District Elections” to Title 2 of the Pacifica Municipal Code. By this action, the City of Pacifica changed from an at-large election system to a by district election system for the election of City Council members, established five voting districts to elect Councilmembers, adopted Map 505b defining City Council district boundaries and establishing the sequence of elections for each district with Districts 1 and 4 to be elected in November 2020 and Districts 2, 3 and 5 to be elected in November 2022.
Every ten years, after the federal census is complete, district lines must be reviewed and, if necessary, adjusted to keep the boundaries as nearly equal in population as possible, allowing for certain variances due to geography, topography, communities of interest, etc., as required by federal and California law. This process of reviewing the census data and adjusting the district boundary lines is called redistricting. The City of Pacifica has engaged National Demographics Corporation (NDC) to provide demographer services to assist in the process of redistricting. The redistricting process for the City of Pacifica must be completed by April 17, 2022.
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In California, the process for redistricting is established by the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (“Act”). Under the Act, cities and counties must conduct certain outreach, maintain websites with publicly available information about draft maps and hold at least four public hearings on the issue.
Under the Act, the council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21601(c) for general law cities):
1. Comply with the federal requirements of equal population and the federal 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 to a more distant group of people)
6. Shall not favor or discriminate against a political party Once the above prioritized criteria are met, other traditional districting principles may be considered, such as:
1. Minimizing the number of voters delayed from voting due to a change of their district;
2. Respecting voters’ choices / continuity in office
3. Future population growth
By law, the City must hold at least four public hearings that enable community members to provide input on the redistricting process. The process involves the following requirements:
● At least one hearing must occur before the City draws draft maps ● At least two hearings must happen after the drawing of draft maps ● The fourth hearing can happen either before or after the drawing of draft maps ● City staff or consultants may hold a public workshop instead of one of the required public redistricting hearings
Previously, the first public hearing in the redistricting process was held on January 10, 2022. At the January 10, 2022 Public Hearing, the Council received a presentation from NDC providing a general overview of the redistricting process, information regarding the federal and state requirements regarding the criteria in order of priority to be used to establish district boundaries, review of the existing district boundary map 505b with 2020 census data and received public input on what factors should be taken into consideration while creating district boundaries.
The January 10, 2022 public hearing was held prior to the consideration of any draft maps.
The second public hearing to consider redistricting was held on February 14, 2022. The purpose of the second public hearing was to receive input from the community on what factors should be taken into consideration while evaluating district boundaries such as input on neighborhoods and communities of interest, and to consider any draft maps that have been submitted or prepared. At that public hearing, the existing map 505b and a draft map submitted by a member of the public, identified as map 506, was considered. The Council directed staff to bring further analysis of map 506 with additional information about demographics and street level detail and to consider an additional draft map based on map 506 with adjustments made to boundaries to move an identified population block from District 3 to District 4.
Tonight’s meeting is the third public hearing to consider redistricting and the second at which draft maps will be considered. The purpose of this public hearing on February 28, 2022 is to Pacifica City Council 3
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consider draft maps; receive input from the community regarding the draft maps, district boundaries, and election sequencing; to select a final map and election sequencing; and to introduce a proposed ordinance with the final selected district map and election sequencing.
The City has a webpage dedicated to the redistricting process which can be found here:
www.cityofpacifica.org/Redistricting <http://www.cityofpacifica.org/Redistricting> City staff has also made efforts to conduct outreach to the public to provide information on the City’s redistricting process including the following:
• Public Hearing Notice for the January 10, 2022 public hearing was posted at City Hall on January 4, 2022 and published in the Pacifica Tribune on January 5, 2022. • Following the January 10, 2022 public hearing, public mapping kits in English and Spanish were posted to the City website and available at City Hall. • Public Hearing Notice for the February 14, 2022 Public Hearing #2 was posted at City Hall on January 21, 2022 and published in the Pacifica Tribune on January 26, 2022 and February 2, 2022.
• Public Hearing Notice for the February 28, 2022 Public Hearing #3 was posted at City Hall on February 11, 2022 and published in the Pacifica Tribune on February 16, 2022 and February 23, 2022, published in Spanish in El Reportero on February 25, 2022 and published in Chinese in the World Journal on February 24, 2022. • Information on redistricting and soliciting public input and submission of draft maps for the redistricting process were published in the City of Pacifica’s “Connect With Pacifica” weekly e-newsletter and distributed by email on January 21, 2022, January 28, 2022 and February 4, 2022.
• Information on redistricting and soliciting public input and submission of draft maps in reference to the February 14, 2022 Public Hearing was also published to the City’s NextDoor and Facebook social media feeds on February 2, 2022. • Draft maps for consideration at the February 28, 2022 Public Hearing were published on the City’s Redistricting webpage (www.cityofpacifica.org/Redistricting <http://www.cityofpacifica.org/Redistricting>) on February 20, 2022.
Public comments and input regarding redistricting can be sent to the City via email to [email protected]; please indicate “Redistricting” in the subject line.
Draft Maps
The community was encouraged to submit proposed maps by February 4, 2022 for consideration at the February 14, 2022 public hearing and by February 18, 2022 for consideration at the February 28, 2022 public hearing. Based on the draft map received and direction from the Council at the February 14, 2022 public hearing, the following draft maps are under consideration for discussion at tonight’s public hearing:
A. Map 505b
Map 505b (Attachment A) is the existing district boundary map which was adopted on by Ordinance No. 839-C.S. on December 17, 2018 by the City Council, establishing the current district-based system for the election of members of the City Council.
Demographer consultant NDC’s analysis of the 2020 census data and map 505b and has determined that the map is population balanced as all of the Council districts only deviate by a total of 1.87%. The analysis of map 505b is attached for reference as Attachment B.
Additionally, map 505b would meet the criteria specified in Elections Code section 21601(c). Thus, the Council could consider the existing map 505b for re-adoption.
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B. Draft District Map 506
One submitted district map from an individual member of the public was received and discussed at the February 14, 2022 Public Hearing. The draft map corresponding to the map submitted by the member of the public, as rendered by NDC, is attached as Attachment C. At the February 14, 2022 meeting, the Council consensus was to consider map 506 for further discussion with additional information and detail provided following NDC’s additional analysis of the map and providing a format of the map that could be detailed to street level. NDC’s analysis of the 2020 census data and map 506 and has determined that the map is population balanced with a total deviation of 9.98%. This deviation is barely within the 10% threshold that is presumptively constitutional in evaluating districts as population balanced. The analysis of map 506 is attached for reference as Attachment D. Due to the total population deviation, this map is not recommended by Staff.
C. Draft District Map 506b
During the discussion of map 506 at the February 14, 2022 Public Hearing, Council directed staff to consider an additional draft map based on map 506 with adjustments made to boundaries to move an identified population block from District 3 to District 4.
Map 506b represents the Council-directed modifications based on map 506. Map 506b is attached as Attachment E. NDC’s analysis of the 2020 census data and map 506b has determined that the map is not population balanced, as it has a total population deviation of 13.42% as shown in the analysis attached for reference as Attachment F. Map 506b cannot be further considered for adoption, as it does not meet the federal requirements of equal population under the federal Voting Rights Act.
Ordinance
Based on the analysis provided, Council discussion and input from members of the public received during the previous public hearings related to redistricting staff recommends selecting map 505b as the final district map and re-adopting map 505b. Staff has prepared the proposed ordinance which amends Pacifica Municipal Code section 2-9.02 to repeal and replace the existing code provisions. The sequencing of the elections is found in Pacifica Municipal Code Section 2-9.04 and will remain unchanged. This provision provides for Districts 2, 3 and 5 to be elected in November 2022 and Districts 1 and 4 to be elected in November 2024.
It is recommended to introduce and waive the first reading and read by title only, the ordinance proposed as attached.
Next Steps
An additional public hearing is scheduled to be held on March 14, 2022. If the proposed Ordinance is introduced at tonight’s meeting, the Ordinance will be in order for adoption at the March 14, 2022 City Council meeting following the Public Hearing #4 to be conducted at that meeting.
The process timeline to complete the redistricting and map adoption process is summarized as follows:
• Public Hearing #1 January 10, 2022 - review process and laws, review 2020 census data, receive input on composition of districts
• Public Hearing #2 February 14, 2022 - review draft maps • Public Hearing #3 February 28, 2022 - selection of final map and election sequencing Pacifica City Council 5
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and introduction of ordinance
• Public Hearing #4 March 14, 2022 - Final adoption of ordinance CEQA:
Introduction of this ordinance is exempt from environmental review as the adoption of this Ordinance does not qualify as a “project” pursuant to Public Resource Code section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3) since it can be seen with certainty that there is no possibility that adoption of the Ordinance would cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The process of evaluating City Council districts with respect to updated 2020 census data and consideration of redistricting is consistent with the following Council adopted Goals:
“A Connected Community” includes taking actions to restore trust in City government, expanding communication and building community.
FISCAL IMPACT:
The fiscal impact of engaging NDC as the consulting demographer ranges from $3,500 to a notto-exceed amount of $45,000 per the attached agreement, with the low-range cost being associated with concluding the redistricting process with a finding that the current districts are “still balanced.”
Additional costs for the redistricting process that are not reflected in the agreement not-toexceed cost include city attorney legal expenses, publication expenses related to notices of public hearings associated with the redistricting process, printing and publication expenses for additional informational community outreach and advertising, and translation costs for meetings or printed materials, if necessary. The primary expense related to redistricting would be the engagement of the demographer per the attached agreement. Expenses for redistricting would be budgeted under the general fund City Manager - Election Expenses fund
01.200210.52331.0000.000.
ORIGINATED BY:
City Clerk
ATTACHMENT LIST:
Attachment A: Existing District Map 505b (PDF)
Attachment B: NDC 2020 Census Data Analysis - Map 505b (PDF) Attachment C: Draft District Map 506(PDF)
Attachment D: NDC 2020 Census Data Analysis - Map 506(PDF) Attachment E: Draft District Map 506b (PDF)
Attachment F: NDC 2020 Census Data Analysis - Map 506b (PDF) Pacifica City Council 6
February 28, 2022
ORDINANCE NO. (ID # 4902)
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA AMENDING TITLE 2, CHAPTER 9, “DISTRICT ELECTIONS” BY REPEALING AND REPLACING SECTION 2-9.02, “CITY COUNCIL DISTRICTS ESTABLISHED” OF THE CITY OF PACIFICA MUNICIPAL CODE TO ADOPT CITY COUNCIL DISTRICT BOUNDARIES BASED ON 2020 CENSUS DATA
WHEREAS, the City Council adopted Ordinance No. 839-C.S. on December 17, 2018, to provide for the election of members of the City Council of the City of Pacifica by-district in five single-member districts and establish district boundaries for five City Council districts as defined in the voting district map 505b and set forth the election sequence of the five districts; and WHEREAS, pursuant to California Elections Code 21601, following each federal decennial census for a city whose council is already elected using district-based elections, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution; and
WHEREAS, California Elections Code section 21600 et seq., requires, among other things, that following each decennial federal census, and using that census as a basis, the city council by ordinance or resolution, adopt boundaries for any or all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution ( “redistricting”); and
WHEREAS, pursuant to California Elections Code 21607.1(a), at a regular meeting held on January 10, 2022, the City Council held a public hearing where the public was invited to provide input regarding the composition of the City’s voting districts before any draft maps were drawn; and
WHEREAS, thereafter, at regular meetings held on February 14, 2022 and February 28, 2022, pursuant to the City Council held public hearings pursuant to California Elections Code 21607, the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released at least seven (7) days before each meeting, and the City Council considered and discussed the same; and WHEREAS, at a regular meeting held on February 28, 2022, the City Council selected the final voting district map and set forth the introduction of this Ordinance for a first reading and confirmed the election sequence as set forth in Pacifica Municipal Code Section 2-9.04; and WHEREAS, in compliance with Elections Code section 21607.1(b)(c) and (d), all of the public hearings were commenced at a fixed time after 5:30 p.m., on a weekday, and were accessible to persons with disabilities; and
WHEREAS, in compliance with Elections Code section 21608(a), the Council took steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps include, but are not limited to the following:
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• Public Hearing Notice for the January 10, 2022 public hearing was posted at City Hall on January 4, 2022 and published in the Pacifica Tribune on January 5, 2022.
• Following the January 10, 2022 public hearing, public mapping kits in English and Spanish were posted to the City website and available at City Hall. • Public Hearing Notice for the February 14, 2022 Public Hearing #2 was posted at City Hall on January 21, 2022 and published in the Pacifica Tribune on January 26, 2022 and February 2, 2022.
• Public Hearing Notice for the February 28, 2022 Public Hearing #3 was posted at City Hall on February 11, 2022 and published in the Pacifica Tribune on February 16, 2022 and February 23, 2022, published in Spanish in El Reportero on February 25, 2022 and published in Chinese in the World Journal on February 24, 2022.
• Information on redistricting and soliciting public input and submission of draft maps for the redistricting process were published in the City of Pacifica’s “Connect With Pacifica” weekly e-newsletter and distributed by email on January 21, 2022, January 28, 2022 and February 4, 2022.
• Information on redistricting and soliciting public input and submission of draft maps in reference to the February 14, 2022 Public Hearing was also published to the City’s NextDoor and Facebook social media feeds on February 2, 2022. • Draft maps for consideration at the February 28, 2022 Public Hearing were published on the City’s Redistricting webpage
(www.cityofpacifica.org/Redistricting) on February 20, 2022.
WHEREAS, pursuant to Elections Code section 21608(c), the City established a redistricting website which provided a schedule with the date, time, and location for any public hearing relating to redistricting on the internet at least five days before the hearing and also provided access to redistricting data and for the purposes of drawing draft maps and paper mapping tools; and
WHEREAS, a final public hearing is scheduled to be held at a regular meeting of the City Council on March 14, 2022, to review additional public input related to the selection of final district map and election sequencing, consider such input, prior to adoption of the proposed Ordinance; and
WHEREAS, pursuant to Elections Code section 21608(d)(1), all draft maps considered by the Council were published on the City’s redistricting website at least seven days before being considered for adoption as a final map by the Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council hereby finds that the foregoing recitals are a true and accurate and are incorporated herein by reference.
Section 2. California Environmental Quality Act (CEQA) Determination.
Adoption of this Ordinance is exempt from environmental review as the adoption of this Ordinance does not qualify as a “project” pursuant to Public Resource Code section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3) since it can be seen with certainty that there is no possibility that adoption of the Ordinance would cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
Section 3. Code Amendment. Title 2, “Administration”, Chapter 9, “District Elections” is amended by repealing Section 2-9.02, “City Council Districts” in its entirety and replacing it to read as follows:
“2-9.02. - City Council Districts.
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Five City Council districts are hereby adopted in the City of Pacifica. The boundaries and identifying number of each district for the City Council elections shall be as described on the Council District Map 505b included and incorporated below:
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Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The Council of the City of Pacifica hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
Section 5. Effective Date.
This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.
Section 6. Publication; Certification.
The City Clerk shall attest to the adoption of this Ordinance and cause the same to be published in accordance with State law. The City Clerk is also authorized and directed to file Map 505b and the GIS shapefile, with the San Mateo County Registrar-Recorder. In the case of any parcels that are split across Council district boundaries, the County Registrar-Recorder shall apply a uniform methodology to adjust the boundary line to a border of the parcel without materially affecting the population within each affected district.
PASSED AND ADOPTED this ____day of March 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT
__________________________
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ___________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Pacifica City Council 10 February 28, 2022
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(ID # 4902) at 2/28/2022 6:00 PM City Council Regular Meeting