CITY COUNCIL STAFF REPORT
Meeting Date: May 06, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING TO CONSIDER DRAFT MAPS AND COMPOSITION
OF DISTRICTS FOR BY-DISTRICT ELECTIONS
PURPOSE
The purpose of this item is to hold the fifth public hearing overall, and the second “post-map” public hearing to review draft maps and the composition of districts and to receive input from the community concerning transitioning to by-district elections.
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 on behalf of the Pleasant Hill Community Alliance, 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. On April 17, 2023, the Council conducted an additional “pre-map” hearing to gather additional public input.
A minimum of two “post-map” hearings are required to be held, to review the draft maps and identify the sequencing of district based elections. This means the Council will select a final map, and determine which districts will be on the ballot at its next regular election in November, 2024 and which districts will defer to the general election in November, 2026. By statute, all proposed maps must be provided to the public at least seven days prior to each of these “postmap” public hearings. The two “post-map” public hearings must be held within 45 days of each other. The first “post-map” hearing was held on May 1, 2023.
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 map or maps of the boundaries for the proposed voting districts are drawn. The first two “pre-map” hearings are for the purpose of developing the criteria used for drawing the maps. At the pre-map public hearings, the community is invited to provide input regarding the composition of the districts. On March 20 and April 3, the Council held the first and second required pre-map hearings. At the second hearing, the Council directed that a further pre-map public hearing be held. Although not legally required, the Council desired to solicit additional public input and comment prior to the map drawing process. The additional hearing was held on April 17, 2023.
As part of this pre-map process, the Council provided direction as to specific factors, such as pertinent communities of interest or geographic landmarks it wanted the demographers to focus consideration on in the preparation of draft maps. The demographers also will evaluate any publically submitted map for compliance with the California Voting Rights Act and Federal Voting Rights Act and present those maps for Council’s consideration at the “post-map” hearings.
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 having sent a postcard to every residence in the City prior to publication of the draft districting maps. Information also will 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.org/districts, which is populated with information in eight languages (including English) about how the public can participate in the process and answers to frequently asked questions about the districting process. The City has enabled closed captioning translations into all of the languages supported by Zoom. The City also has enabled an automated translation button on the City’s webpage.
Subsequent to the pre-map hearings, the City’s demographers prepared two draft maps, one depicting a five district configuration and one depicting a four district configuration, with a directly-elected at-large Mayor. In addition, two maps were received from members of the public. The proposed maps were posted to the City’s website on Monday, April 24, 2023, in accordance with the Elections Code. These first four maps were reviewed and discussed by the Council at its May 1, 2023 regular City Council Meeting.
Three additional maps were received from the public on Wednesday, April 26, 2023, after the initial website posting and were analyzed by the City’s demographer. These maps were posted to the City’s website on Friday, April 28, 2023, in compliance with the Elections Code requirement for a seven day posting period before the Saturday hearing. A summary of the additional three maps is included below. Each of the draft maps was analyzed and reviewed by the city’s demographer, and found to be legally viable. This means the maps create potential Council districts that are population-balanced within a margin +/- 10%, are contiguous, and compact.
One consideration of district-based elections is the potential to create majority/minority voting districts, where a single identified minority represents 50%+1 of Citizens of Voting Age (CVAP). Pleasant Hill has a relatively low minority total population (40.2%), and the CVAP population is 30.9%, with 69.1% of the CVAP population comprised of Non-Latino Whites. This makes it difficult, if not impossible, given the dispersed nature of minority residency, to create one or more voting districts that represent 50%+ minority citizens of voting age from a single minority. None of the proposed maps achieves this goal, however the highest total minority CVAP population (all minorities - known as a “coalition minority” district), is identified for each proposed map.
A summary of the population deviation and minority coalitions for the three new maps may be found below:
Map ID Population Deviation Minority CVAP Coalition
Draft Map 4, 5 Districts 7.60% D4 – 43.9%
Draft Map 5, 5 Districts 7.94% D1 – 42.1%
Draft Map 6, 5 Districts 0.78% D1 – 40.4%
Draft Maps
Draft Map 4 (5 Districts) was submitted by a member of the public. The districts are compact and contiguous. The map uses major arterial streets or natural geologic features such as creeks or water courses when practicable to divide the districts. District 4 exhibits a combined minority CVAP coalition of 43.9%, which may assist minority voters in electing the candidate of their choice.
Draft Map 5 (5 Districts) was also submitted by a member of the public. The districts are compact and contiguous. Major arterial streets are used for some district divisions, although smaller residential streets are used to divide a portion of the eastern edge of Districts 1 and 2.
District 1 exhibits a combined minority CVAP coalition of 42.1%, which may assist minority voters in electing the candidate of their choice.
Draft Map 6 (5 Districts) was also submitted by a member of the public. The districts are compact, and with the exception of District 2 to some extent, are compact. Major arterial streets are used for some district divisions, although smaller residential streets are used to divide a portion of the eastern edge of Districts 1 and 2 and the eastern edge of District 3 where it meets the western edge of District 4. The map has a total deviation of 0.78%, the lowest of all proposed maps. District 1 exhibits a combined minority CVAP coalition of 40.4%, the lowest of any map.
For the Council’s reference, the population deviations and Minority CVAP Coalitions for the first four maps (reviewed on May 1, 2023) is found below.
Map ID Population Deviation Minority CVAP Coalition
Draft Map 1, 5 Districts 6.48% D3 – 45.7%
Draft Map 1, 4 Districts 7.25% D3 – 42.3%
Draft Map 2, 5 Districts 7.43% D1 – 42.3%
Draft Map 3, 5 Districts 9.25% D1 – 42.2%
Should the Council adopt a 4 District map, residents would have the opportunity to vote for two members of the City Council. Residents would vote for their district Council member, and the atlarge Mayor. The Mayor would have no additional powers on the City Council, such as veto powers, but would serve as Mayor for the entirety of either a two or four year term, as selected by the Council.
The next public hearing after May 6th, to receive and consider input from the public concerning the composition of voting districts is scheduled at a special City Council meeting on Monday, May 22, 2023 at 7:00 p.m. This will be the third post-map public hearing. 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
PLEASE BE ADVISED THAT THE LAST DAY TO SUBMIT DRAFT MAPS TO THE CITY CLERK IS TUESDAY, MAY 9TH AT 5:00 P.M.
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’ attorney 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 is 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.
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, April 12, 2023, and April 26, 2023. A news release was posted on social media, and in the City’s bi-weekly Update newsletter.
RECOMMENDED CITY COUNCIL ACTION
Conduct post-map public hearing, receive and consider input from the public, and provide further direction to staff regarding the composition of districts.
ATTACHMENTS:
Public Hearing Notice
Correspondence
Draft Maps
Exhibit A - % minority CVAP coalition for each district on each map Prepared by: Janet Coleson, City Attorney
Approved by: June Catalano, City Manager