CITY COUNCIL STAFF REPORT
Meeting Date: April 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADDITIONAL “PRE-MAP” PUBLIC HEARING TO CONSIDER
COMPOSITION OF DISTRICTS FOR DISTRICT-BASED ELECTIONS
AND SCHEDULE FOR FUTURE HEARINGS
PURPOSE
The purpose of this agenda item is to hold an additional “pre-map” public input hearing following the second of four required public hearings to receive input from the community concerning transitioning to by-district elections, and set a schedule for future hearings.
Background:
On March 6, 2023, the City Council adopted Resolution No. 20-23 declaring its intention to transition to district-based elections. This action was taken in response to the January 19, 2023 letter received from Kevin Shenkman of the Law Offices of Shenkman and Hughes that claimed the City’s at-large system of voting dilutes the ability of Latino and Asian voters to elect candidates of their choice or to otherwise influence the outcome of the City’s elections. This letter is the first step before a potential lawsuit can be filed claiming the City has violated the California Voting Rights Act. On March 20, 2023, the City Council held the first of four required public hearings and on April 3, 2023, the Council held the second required public hearing.
Analysis:
If the City follows the “safe harbor” process set forth in Assembly Bill 350, a lawsuit can be avoided and the plaintiffs’ fees and costs will be capped at approximately $34,000. Pursuant to Elections Code § 10010, the City must hold at least four public hearings in connection with the establishment of electoral districts. The City is required to hold at least two public hearings over a period of no more than 30 days before any maps of the boundaries for the proposed voting districts are drawn. These first two “pre-map” hearings are for the purpose of developing the criteria that will be used for drawing the maps. At these “pre-map” public hearings, the community is invited to provide input regarding the composition of the districts. On March 20th and April 3rd, the Council held the first and second required hearings. At the second hearing, the Council directed that a further “pre-map” public hearing be held on April 17, 2023. Although not legally required, the Council added this hearing to solicit additional input and comment prior to the map drawing process.
As part of the “pre-map” hearing process, the Council may provide direction as to specific factors, such as pertinent communities of interest or geographic landmarks it wishes the demographers to focus consideration on in the preparation of draft maps. The City’s demographer will also evaluate any publicly submitted maps for compliance with the California Voting Rights Act and Federal Voting Rights Act and present those maps for Council’s consideration at the third and fourth “post-map” public hearings.
The proposed maps will be provided at least seven days prior to each of these “post-map” public hearings. The third and fourth “post-map” public hearings must be held within 45 days of each other. During the third and fourth public hearings, the Council will also consider the sequencing or timing of the elections, if required.
To increase public awareness of the transition to district elections, the City has been and will continue to use a variety of public communication channels to engage members of the community, including sending a postcard to every residence in the City prior to publication of the draft districting maps. Information will also be distributed by publishing newspaper notices five days before each hearing; social media posts; emails sent to a distribution list of members of the public who have submitted written comment, City commissioners, and subscribers to the City’s Outlook newsletter and the City’s bi-weekly Update newsletter. Districting information will continue to be featured on the City’s website at the following web address:
www.pleasanthillca.og/districts, which is populated with information in eight languages (including English) about how the public can participate and answers to frequently asked district questions. The City has enabled closed captioning translations into all of the languages supported by Zoom. The Community Relations Manager has also enabled an automated translation button on the webpage.
The next public hearing to receive and consider input from the public concerning the composition of voting districts is scheduled for May 1, 2023. This will be the third required public hearing, and the first “post-map” public hearing. Draft maps will be published on April 24, 2023, for the Council and community’s review. There are additional “post-map” hearings scheduled for Saturday, May 6, 2023 at 2:00 p.m. and Monday, May 22, 2023 at 7:00 p.m. The May 22, 2023 hearing is the fourth and final public hearing scheduled. Revised maps will be available seven days prior to the May 22, 2023 hearing on May 15, 2023. The public is also encouraged to provide input via email to [email protected]. Input may also be dropped off at the City Clerk’s Department or mailed to the City Clerk at the following address:
City of Pleasant Hill
Attn: City Clerk
100 Gregory Lane
Pleasant Hill, CA 94523
FISCAL IMPACT
The services of an expert demographer are needed to prepare the maps at a cost of approximately $15,500. There will be additional costs incurred by the work of the City Attorney’s Office during the process. Finally, under the law’s “safe harbor” provision, the City will be responsible for the potential plaintiffs’ attorneys’ fees and costs for a maximum amount of approximately $34,000 paid to Mr. Shenkman. As well, the City has executed a contract for translation and interpretation services for a not to exceed amount of $20,000. Informational mailer costs are estimated at $12,000 and costs for “promoted” social media engagement once the maps are drawn are estimated at $500.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA (Section 21605) and CEQA Guidelines §§ 15060(c)(3) and 15378. Conducting public hearings for public input regarding transitioning to by-district elections and setting a schedule for future hearings meets the above criteria and is not subject to CEQA.
RECOMMENDED CITY COUNCIL ACTION
Conduct this additional “pre-map” public hearing, receive and consider input from the public, and confirm the proposed schedule for the “post-map” hearings or provide further direction to staff.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page. A Public Hearing Notice was published in the East Bay Times on March 15, 2023, March 29, 2023, and April 12, 2023. A news release was posted on social media, and in the City’s bi-weekly Update e-newsletter.
ATTACHMENTS:
Public Hearing Notice
Correspondence
Prepared by: Janet E. Coleson, City Attorney
Danielle Navarro, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager